Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: statute

Chapter 111. An Act Concerning Slaves and Free People of Color.

Section 50.  All negroes, Indians, mulattoes, and all persons of mixed blood, descended from negro and Indian ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person) whether bond or free, shall be deemed and taken to be incapable in law to be witnesses in any case whatsoever, except against each other.  In all pleas of the State, except where the defendant may be a negro, Indian or mulatto, or person of mixed blood, descended from negro or Indian ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person,) whether such defendant be bond or free, the evidence of a negro or negroes, Indian or Indians, mulatto or mulattoes, and of all persons of mixed blood, descended from negro or Indian ancestors, to the fourth generation inclusive,) though one ancestor of each generation may have been a white person,) whether the person or persons, whose evidence is offered be bond or free, shall be admissible and the witnesses competent, subject nevertheless to be excluded upon any other grounds of incompetency which may exist.

Chapter 111. An Act Concerning Slaves and Free Persons of Color.

Sec. 74. Who shall be deemed free negroes.  All free mulattoes, descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall come within the provisions of this act.

Revised Statutes of North Carolina, 1837.