Page:Daniel v. Guy (1857).pdf/11

19 Ark.]  1857.]   Medway vs. Nantic, 7 ''Mass. R. 87; Thurman vs. The State, 18 Ala.'' 276.

In the Spanish and French West Indies, persons who belong to the negro race, but who are not full negroes, are distinguished by the following grades:

The first grade is that of the mulatto, which is the intermixture of a white person with a negro. The second are the tercerones, which are the production of a white person and a mulatto. The third grade are the quarterones, being the issue of a white person and a tercerone: and the last are the quinterones, being the issue of a white person and a quarterone. Beyond this there is no degradation of color, not being distinguishable from white persons, either by color or feature. Wheeler on Slavery, p. 5, note.

In our legislation, no such classification has been recognized. The term mulatto is frequently used in our statutes, but manifestly in a more comprehensive sense than it technically imports as we shall presently see.

By the first section of chap. 75, Digest, a mulatto is defined to be a person who is not full negro, but who is one-fourth or more negro. This chapter prohibits the emigration of free negroes and mulattoes to this State, and prescribes police regulations for those living here. For all the purposes of this chapter, the word mulatto must be understood as here defined.

Hence, notwithstanding this act, free persons belonging to the negro race, but being less than one-fourth negro may emigrate to and settle in this State, and are exempt from the police regulations prescribed by the act.

But are we to apply this definition to the word mulatto wherever it occurs in our statutes? Let it be assumed as a hypothesis, that it must be so defined, and let us see what will be the consequences in the construction of the statutes where the word occurs.

In considering the statutes, to which we shall refer, it must be borne in mind, that persons less than one-fourth negro may be legally held in slavery here. The rule is, that the child