it
possible to amend all laws relating to "free persons of color," and
this was freely done.[50]

Free Negroes of "good character," either resident in the State prior
to 1836 or having removed to the State before that year, and
preferring, in their respective county courts, petitions to remain in
the same, might do so, but otherwise must leave the State under severe
penalties of imprisonment and hard labor, as provided under the law of
1831, prior to the new constitution. The subjects of this legal
provision were to renew this court proceeding every three years, under
the same penalty for failing to perform the renewal.[51] The laws of
registry of free Negroes were kept in force and made, if anything,
more rigid. One provision of these enactments was that there should be
in the registration papers specification of any "peculiar physical
marks on the person" so registered.[52] This practice, defended by
law, is exceedingly interesting to the student who compares it with
what has long been common knowledge regarding the practices of
slave-buyers in the markets. And here we have a measure of the
complete humiliation of the "free person of color," for every free
Negro or mulatto residing in any county of the State was compelled to
undergo this examination before officers of the county court and be
duly registered thereafter as a free person.[53]

As might be expected, the law of 1831 was followed up by enactments
strictly requiring the emancipation of slaves, when allowed by the
State, to be followed closely by the removal of the freedmen from the
State. Also instructions for the transportation of certain Negroes to
Africa were given in the same code. Those who had acquired freedom
after 1836, or who should do so, together with slaves successfully
suing for freedom, also free Negroes unable to give bond for good
behavior although having right to reside in the State, were all to be
transported to Africa, unless they went elsewhere out of the State,
according to provision by law.[54]

The word "mulatto" is found often in the laws of this period, showing
that this type was becoming an important factor in the race relations
of white and black. As far as is known, there is no way of obtaining
even the approximate proportion of white mothers to white fathers, but
because of the overwhelming evidence by personal testimony of
ex-slaves as to the relations of the masters and overseers of
plantations to the slave women, and the c