Saturday, November 5, 2016

Loving v Virginia Supreme Court case, race, ancestry revisited - Mary Cummins Investigative Reporter

Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism
The Times had a recent article about the Loving v Virginia case which overturned the anti-miscegenation laws in regard to interracial marriages. In that article the author of a book about the case stated that Mildred Loving told her she was American Indian. The attorney in the original case stated that his client Mildred Loving told him she was black. I decided to take a look into the family's ancestry. What I discovered was enlightening.

At the time if someone appeared darker even though they didn't have black skin or kinky hair they could be labeled "negro" on census documents, military draft registration, death certificates...by the person taking the information. It wasn't up to the person giving their name, birth date... This led to many people who are naturally a little darker such as some Italian, Jewish people to be labeled "negro." The same happened with the Jeter Loving families.

Going back a few generations everyone is "white" on Richard Loving's side of the family. Going back a few generations on Mildred Jeter's side the parents are labeled as "negro" while the grandparents are labeled as "mulatto." Never once is anyone called an "Indian" which is what they would put on the census forms if they were "Indian."

None of Jeter's ancestors were on an Indian reservation three generations back. They would be on the Indian census forms which they took every year at that time. I wasn't able to go back farther and be certain of the family members. The husbands and wives had two spouses each if not more because of early death from giving birth, flu or accidents. Mildred Jeter's father Theoliver Jeter had two wives Daisy Richardson and Musiel Byrd. Musiel married a second husband after Theoliver died. The grandparents sometimes took in the grandchildren. There are many step children. Below is Mildred Jeter's pedigree family tree.

Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism
In 1910 Samuel Jeter, his wife Mary Rouse and their eight children are listed as "mulatto." In 1920 they are all listed as "white." In 1930 the same family members are all listed as "negro." In 1940 they are again all listed as "negro." When Mildred's father was drafted 1917 he is listed as "black." When he's drafted again in 1942 he is again "black." Never once are they listed as "Indian." They lived in the same place on a farm all that time. I doubt their skin color changed though they were all farmers so maybe that was an issue.

The TIME article stated that people who appeared darker in Virginia would call themselves "Indian" so they would not be labeled as "black." These people knew interracial "black" and "white" marriages were illegal until the Supreme Court case. "Indian" and "white" marriages were "legal." They would intentionally go to a different county to get married stating they are "Indian." The ones who appeared white called themselves "white." My Mexican Nana called herself white as her skin was indeed white. Legally she was a Mexican as she was born in Mexico so I understand the distinctions.

Mildred got married in a different county stating she was Indian. This did not stop the county in which she lived from arresting her and her husband as violators of the miscegenation law in Virginia. Even though Mildred married a light white person and her children were light all of her children got married in a different county stating they were also Indian. Here is a photo of their family.

Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism
Here are the marriage certificates. Notice they Lovings list themselves as "Indian." Donald married a "white," Peggy married an "Indian" and Sidney married a "negro."
Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism

Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism

Loving v Virginia Supreme Court anti-miscegenation law reversed, Mildred  Delores Jeter, Richard Perry Loving, Sidney, Donald, Peggy, indian, black "negro" white race racism
We need to get rid of these "race" classifications. Not only is in unconstitutional but it's based on physical characteristics which are clearly arbitrary based on the census records. How does a family go from being "mulatto" to "negro" to "white" within 30 years? I am extremely thankful for the Loving v Virginia 388 U.S. 1 (1967) Supreme Court opinion. Love is Love.

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, single family, condo, pud, hud, fannie mae, freddie mac, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls,

4 comments:

  1. Had you gone back a little further you would know that EVERY Native American of every current tribe fell into this same general category. I recommend researching Walter Plecker(where you'll also find the Byrd surname as well as Richardsons) who is thoroughly detested by ALL of Virginia's Indian tribes. In fact, almost every single person who claims to be Native had family lines that fell to the same fate racially. At some point, ALL of Virginia's tribes were declared to be Mulatto

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    1. you are so right if you look mildred did indeed have native roots

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  2. It was an effort to steal land from people who were "Indian" by descent...

    https://www.nps.gov/jame/learn/historyculture/upload/Documentary-Genocide.pdf

    How Virginia Natives feel about it...

    http://www.papergenocide.org/


    "Library.uncg.edu Petition Analysis Record #11279002; Location:Gates Co. NC year:1790
    The petitioners request the legislature to pass a law validating acquisition of land by a group of descendants of Indians and blacks. In 1724 the Chowan Indians received 11,360 acres of land in Chowan County, later Gates Co. The Indians sold most of the land. The Indian men all died, and the women "mixed with negroes." The free blacks and their mixed-blood children served as soldiers for the colonials in the Revolution. Supported by William Lewis, Samuel Harrell, and other white men, they seek title to "small remnants of the aforesaid tract of land."

    http://sciway3.net/clark/freemoors/Indian.htm

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  3. God Bless you for being an animal rights advocate

    ReplyDelete