Sorry it took so long to get back with the info on the laws you were asking about in NC. The NC State law passed in 1715 banned marriages of whites with Native Americans & African Americans. I don't know the statute. But from the website http://muse.jhu.edu/journals/wicazo_sa_review/v018/18.1.barker.html "North Carolina possessed a code that prohibited marriages between white persons and an Indian, Negro, Mustee, or Mulatto or any person of mixed blood to the Third Generation. Such laws meant that a part-Indian of one-eighth American ancestry and seven-eighths European ancestry would not have acquired sufficient European "blood" to be accorded the legal privileges of whiteness." The tithable taxes, another state law, taxed non-white heads of households plus women in the household over the age of 12. This hit especially hard on large families. In 1835 NC revised the NC State Constitution. From the website Lumbee Voices at http://linux.library.appstate.edu/lumbee/Miscellaneous/lumv.html - The 1835 Revised NC Constitution - "No free Negro, free Mulatto, or free persons of mixed blood shall vote, bear arms without a license or serve in the militia. These restrictions in Robeson County came to be applied to the Lumbee." From http://docsouth.unc.edu/nc/butler/butler.html - The Croatan Indians of Sampson County, North Carolina, their origins ... by George Edwin Butler. "From the close of the Revolution to the year 1835 they (the Croatans/Lumbee) exercised the elective franchise equally with white men, performed militia duties, encouraged schools, and built churches, owned slaves and lived in comfortable circumstances. By an ordinance clause 3, section 3, of the North Carolina State Convention of 1835 the elective franchise was denied to all free persons of color and afterwards they were debarred from voting till the year 1868 when a new constitution was adopted." - It actually read "no free negro, free mulatto, or free person of mixed blood descended from negro ancestors to the fourth generation inclusive (though one ancestor of each generation may have been a white person) shall vote for members of the senate or house of commons." -- Regarding marriages again in Section 7, Chapter 68, of the acts of the General Assembly of 1854, provides that all marriages since the 8th day of January 1839 and all marriages in the future between a white person and a free negro or free person of color, to the third generation shall be void. It was held that the term "or free persons of color" applied to the Croatans/Lumbees. Lastly two websites that will cover the use of the word Portugee or Portuguese as a term to disguise mixed blood - Indians recorded as Mulatto at http://sciway3.net/clark/freemoors/ARose.html scroll down to North Carolina 1857 & 1871. The origins of the Lumbee by S. Pony Hill at http://sciway3.net/clark/freemoors/lumbee.html . Marcie

This was very interesting!! Thanks for providing the links, as I explored them all. Dayle Biba ----- Original Message ----- From: "Marcia Lee" <mlee@uwf.edu> To: <NCROBESO-L@rootsweb.com> Sent: Monday, July 09, 2007 2:37 PM Subject: [NCROBESO] NC Laws which led to the outmigration Sorry it took so long to get back with the info on the laws you were asking about in NC. The NC State law passed in 1715 banned marriages of whites with Native Americans & African Americans. I don't know the statute. But from the website http://muse.jhu.edu/journals/wicazo_sa_review/v018/18.1.barker.html "North Carolina possessed a code that prohibited marriages between white persons and an Indian, Negro, Mustee, or Mulatto or any person of mixed blood to the Third Generation. Such laws meant that a part-Indian of one-eighth American ancestry and seven-eighths European ancestry would not have acquired sufficient European "blood" to be accorded the legal privileges of whiteness." The tithable taxes, another state law, taxed non-white heads of households plus women in the household over the age of 12. This hit especially hard on large families. In 1835 NC revised the NC State Constitution. From the website Lumbee Voices at http://linux.library.appstate.edu/lumbee/Miscellaneous/lumv.html - The 1835 Revised NC Constitution - "No free Negro, free Mulatto, or free persons of mixed blood shall vote, bear arms without a license or serve in the militia. These restrictions in Robeson County came to be applied to the Lumbee." From http://docsouth.unc.edu/nc/butler/butler.html - The Croatan Indians of Sampson County, North Carolina, their origins ... by George Edwin Butler. "From the close of the Revolution to the year 1835 they (the Croatans/Lumbee) exercised the elective franchise equally with white men, performed militia duties, encouraged schools, and built churches, owned slaves and lived in comfortable circumstances. By an ordinance clause 3, section 3, of the North Carolina State Convention of 1835 the elective franchise was denied to all free persons of color and afterwards they were debarred from voting till the year 1868 when a new constitution was adopted." - It actually read "no free negro, free mulatto, or free person of mixed blood descended from negro ancestors to the fourth generation inclusive (though one ancestor of each generation may have been a white person) shall vote for members of the senate or house of commons." -- Regarding marriages again in Section 7, Chapter 68, of the acts of the General Assembly of 1854, provides that all marriages since the 8th day of January 1839 and all marriages in the future between a white person and a free negro or free person of color, to the third generation shall be void. It was held that the term "or free persons of color" applied to the Croatans/Lumbees. Lastly two websites that will cover the use of the word Portugee or Portuguese as a term to disguise mixed blood - Indians recorded as Mulatto at http://sciway3.net/clark/freemoors/ARose.html scroll down to North Carolina 1857 & 1871. The origins of the Lumbee by S. Pony Hill at http://sciway3.net/clark/freemoors/lumbee.html . Marcie ------------------------------- To unsubscribe from the list, please send an email to NCROBESO-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message