When the first enslaved people arrived in North America, they were excluded from obtaining citizenship or legal protection on this land and were given names to reflect that stateless status as chattel [personal property]. This social death made them "non-persons", stripping them of their human, legal, and social standing in society. Words like slave, negro, n*gger, colored, etc. also do not indicate one's nationality, citizenship, or country of origin. None of these names are derived from geographic locations on a world map, just like there are no countries called Afro America or Africa America. This stateless status of enslaved people was conceived, defined, and systemically reinforced by the ruling class colonialists before and after America's 1776 founding. It was from this inhumane foundation that enslaved people, other people of color, and their descendants have been historically denationalized through legal acts of paper genocide; a systematic erasure of a people by destroying and modifying official documents, excluding them from historical records, and racially reclassifying them. This administrative tool was and is used to make a people, their cultural identity, and their assets, disappear.
Following Bacon's Rebellion on April 3rd, 1691, ‘An act for suppressing outlying slaves’ was passed by the Virginia General Assembly to address Black people, and persons of color deemed Black [Mulatto, often Indigenous Peoples], who escaped and/or formed independent maroon communities beyond the boundaries of plantations. This was also the first law to legally codify a "white" racial identity as an institutional power dynamic.
| "An act for suppressing outlying slaves", 1691 |
"And for prevention of that abominable mixture and spurious issue which hereafter may encrease in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawfull accompanying with one another, Be it enacted by the authoritie aforesaid, and it is hereby enacted, that for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective countie within this dominion make it their perticular care, that this act be put in effectuall execution." -An act for suppressing outlying slaves, 1691
Through this 'act for suppressing outlying slaves', the Virginia General Assembly empowered 'white' colonialists with a means to regulate the movement of Black people. This regulation included the establishment of formal law enforcement and informal militias to use lethal force against Black people who were deemed runaways. This law also banned interracial relationships/marriage and determined the fate of children who were born from these unions. Any "white" woman (or man in rare cases) who married a Black person or persons of color [Mulatto, Indigenous Person] were permanently exiled from the Virginia colony within three months. If a "white" woman had a child by a Black person or persons of color [Mulatto, Indigenous Person] out of wedlock, she was fined about $3,750 in today's currency. If she was unable to pay that fine in a year, she was sold into indenture servitude for five years to the church and the child was 'enslaved' [indentured servitude for thirty years].
Prior to this act, the term "white" was used casually. People were legally defined/described based upon their nationality and religion: Englishman, Irishman, Christian, Turks, etc. This was the first time that "white" became a legal identity for 'some' Europeans in America. This anti-miscegenation law was written to regulate the societal relationships beyond the boundaries of plantations. This is because people who were racially grouped/legally categorized as Slaves, Negroes, Moors, Mollattoes (Mulattos), and Indians were intermarrying and/or having children with English, Irish, etc. women. This law was used to now legally reclassify these European women as "white women." The racial grouping/legal categorization of Slaves, Negroes, Moors, Mollattoes (Mulattos), and Indians occurred nine years earlier in 1682 with the passage of two Virginia acts (Act 1 & Act 2). What is important to note here is that the terms Slaves, Negroes, Moors, Mollattoes (Mulattos), and Indians were often used interchangeably to define and describe people of color. In other words, the same person who may be called a Slave or Negroe could also be called a Moor, Mollatto (Mulatto), and Indian. Following the 1691 'act for suppressing outlying slaves', the word "white" -as a socioeconomic construct and cultural/racial descriptor to identify a group of people- set a new legal precedent. It is from this act that other American colonies began to follow suit, using similar language and passing the same color of laws. It is essentially the legal invention of "white people" and power dynamics that began to define America's map of racial geography.
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| "Register of Free Negroes and Mulattoes," 1819-1833 |
A century later in 1793, the Virginia General Assembly passed another law that would also change the America's map of racial genealogy. This law included a requirement that all free people deemed "Black" had to register in local books called Free Negro Registers. These registries remained in use until the end of the Civil War in 1865 and were used to document, surveillance, and control Black people with the use of freedom papers and taxation without representation. It enforced personal taxes, county taxes, delinquency taxes on Black people and severe fines, imprisonment, and enslavement on Black people who did not comply. Any free person of color deemed "Black", which included Mulattoes, were registered in these books. In many instances, Indigenous People were reclassified and registered as Negro and Mulattoe in these books. These actions not only disrupted their tribal sovereignty, but it also added them to the Virginia state and local tax base and legally confiscated their lands. As you can imagine, policies like this also complicated genealogy research for future generations who have strived to locate their family members.
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| My third-great grandmother Susanna listed in a Virginia County Negro Registry, 1852 |

