This blog is to inform Moors and non Moors who ignorantly subscribe, embraced or adopted the White Christian Sovereign Citizen interpretation of the legal term “Capitis Diminutio” in general, because it is definitely something American Moors or those known as “African Americans, Black Americans, Black Indians, Blacks (Eng.) or Negroes (Spanish) were subjected to Capitis Diminutio as a matter of standard slavery operating procedures in America. This history gave rise to a new group now referring to themselves as American descendants of Slaves i.e. ADOS.

 

“In most respects the position of non-Muslims under traditional Islamic rule was very much easier than that of non-Christians or even of heretical Christians in medieval Europe, not to speak of some events in modern Europe or, for that matter, the modern Middle East. But their status was one of legal and social inferiority or, as we would say nowadays, of second-class citizenship. At the present time this expression conveys a formal condemnation and has become a catch phrase to denote unacceptable discrimination by a dominant group against other groups in the same society. But the phrase deserves a closer look. Second-class citizenship, though second-class, is a kind of citizenship. It involves some rights, though not all, and is surely better than no rights at all. It is certainly preferable to the kind of situation that prevails in many states at the present time, where the minorities, and for that matter even the majority, enjoy no real or human rights in spite of all resplendent principles enshrined in the constitutions, but utterly without effect. A recognized status, albeit one of inferiority to the dominant group, which is established by law, recognized by tradition, and confirmed by popular assent, is not to be despised. Under Muslim rule such a status was for long accepted with resignation by the Christians and with gratitude by the Jews. It ceased to be acceptable when the rising power of Christendom on the one hand and the radical ideas of the French Revolution on the other caused a wave of discontent among the Christian subjects of the Muslim states, an unwillingness to submit to the humiliations or even to the threat or possibility of humiliation, which existed in the old order.”

Source: Bernard Lewis, The Jews of Islam, 1984

 

 The Supreme Court’s opinion in United States v. The Amistad, 40 U.S. 15 Pet. 518 518 (1841) provides: 

“Any negroes landed in the island since 1820, and carried into slavery, have been illegally introduced; and the transfer of them under false names, such as calling Bozal, ladinos, is, necessarily, a fraud. Unfortunately, there is no interference on the part of the local authorities; they connive at it and collude with the slave traders; the governor alone, at the Havana, receiving a 40 U.S. 537 bounty or impost on each negro thus illegally introduced, of $10 a head.”  

In its decision in the case of United States v. Bhagat Singh Thind, 261 U.S. 204 (1923), the Supreme Court provided:

 “The word “Caucasian” is in scarcely better repute. It is at best a conventional term, with an altogether fortuitous origin, which, under scientific manipulation, has come to include far more than the unscientific mind suspects. According to Keane, for example, . . . It includes not only the Hindu but some of the Polynesians, (that is the Maori, Tahitians, Samoans, Hawaiians, and others), the Hamites of Africa, upon the ground of the Caucasic cast of their features, though in color they range from brown to black. We venture to think that the average well informed white American would learn with some degree of astonishment that the race to which he belongs is made up of such heterogeneous elements.”

Source: Hamites are Classed under “White” – U.S. v. Bhagat Singh Thind

The South Carolina District Court in Ex parte Shahid, 205 F. at 814–16“  thus determined that Albanians, Spanish, and Portuguese “Moors” are white, while “all inhabitants of Asia, Australia, the South Seas, the Malaysian Islands and territories, and of South America” are not unless they can show European descent.  Free White Person: “It includes all European Jews who are of Semitic descent, more or less intermixed with the peoples of European habitancy, viz., with peoples, of Celtic, Scandinavian, Teutonic, Iberian, Latin, Greek, and Slavic descent. It includes Magyars, Lapps, and Finns, who are of Ugric stock, and the Basques and Albanians. It includes the mixed Latin, Celtic-Iberian, and Moorish inhabitants of Spain and Portugal, the mixed Greek, Latin, Phoenician, and North African inhabitants of Sicify, and the mixed Slav and Tartar inhabitants of South Russia. It includes peoples containing many of them blood of very mixed races, but the governing or controlling element or strain in all is supposed to be that of a fair-complexioned people *815of European descent.”

Source: Islam in the Mind of American Courts: 1800 to 1960 By Marie A. Failinger

 

Below I provide the main four (4) books as follows:  (1) Introduction to Moorish Nationality and Status Book (2) Status Correction Textbook Vol. I  (3) Status Correction Textbook Vol. 2  (4) Petition and Motion to Correct Race and Nationality Book which are necessary to be read by those individuals who are looking for the correct information in regards to correcting their status from “Black” back to “Moor“.

There is a difference in ancient historical descriptions of indigenous peoples described as having “Black Skin” and the modern U.S. “Black Racial Identity [Race] descending from legislation passed to govern “Slaves”. Most African Americans lack understanding of the “legal” and “political” “technicalities” as a result of poor civic education.

Black Racial Identity/Status is in law a “legal disability we can confirm such alone based upon a review of American colonial slave legislation.

Source: Fordham Law Professor Concurs “Black Racial Status” Is a “Legal Disability”

Source: “Black Racial Status” A Synonym For “Slave Status”

“The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has been made, but before it has been made absolute, is that of a married woman, we mean that she has the same legal rights, liabilities, and disabilities as an ordinary married woman.” 

Source: What is STATUS?

“The term “Status” is chiefly applied to persons under disability, or per- sons who have some peculiar condition which prevents the general law from applying to them in the same way as it does to ordinary persons. Sweet. See Barney v. Tourtellotte, 138 Mass. 108; De la Montanya v. De la Montanya, 112 Cal. 115. 44 Pac. 345, 32 L. R. A. 82, 53 Am. St. Rep. 105; Dunham v. Dunham, 57 111. App. 407. There are certain rights and duties, with certain capacities and in-capacities to take rights and incur duties, by which persons, as subjects of law, are variously determined to certain classes. The rights, duties, capacities, or incapacities which determine a given person to any of these classes, constitute a condition or status with which the person is invested. Aust. Jur.”

Source: What is STATUS?

“Political districts are drawn on the basis of the census. Everything from healthcare to highway construction uses its data. Accuracy in the census is necessary to the partitioning of over $800 bn of annual federal funding, including to school lunch programs, section 8 housing, and Medicaid. Census data are key to designing community-level programs and enforcing civil-rights protections.” 

Source: I’m a brown Arab-American, and the US census refuses to recognize me Moustafa Bayoumi Moustafa Bayoumi

“White people, according to the United States Census Bureau, are “those having origins in any of the original peoples of Europe, the Middle East, or North Africa.” This categorization of people of Middle Eastern and North African descent as “White” has been in effect since 1909, a time in which political and social matters contrast issues of today. Ironically, Arab Americans fought for the right to be considered white in the early 1900s to combat America’s exclusionary immigration practices. Now, Middle Eastern and North African people (MENA) are lobbying the U.S. Census Bureau to create a separate category.”

Source: Did You Know? Egyptians and Arabs Are Considered White in America

“Since the 1980s, CBS reports, Henfy has been fighting to have the U.S. government reclassify him as black, which is how he’s always seen himself. “My classification as a white man takes away my black pride, my black heritage and my strong black identity,” Henfy told the Detroit News. Hefny, 61, filed a suit in 1997 against the U.S. government to be reclassified, but his case was dismissed. Hefny has also reached out to President Obama for help, writing him a letter on June 29, the Detroit News reports, as well as the Justice Department and the United Nations. “I have been awarded, inadvertently, the negative effects of being black such as racial profiling, stereotypes and disenfranchisement due to my Negroid features. However, the legal demand of my racial classification of ‘white’ prevents me from receiving benefits established for black people, “ he told CBS. Hefny says he’s lost out on university teaching positions because they were positions designed for a minority and he did not qualify.”

Source: Egyptian Immigrant Wants to be Reclassified as Black Mostafa Hefny feels he’s been black his whole life. The U.S. government doesn’t agree.

“Under US law the racialist terms “black” and its predecessor “negro” are synonymous. Both terms hold legal precedential status as a designation of servitude, slavery, and criminality (El Mujaddid)”. “The utilization of official (legal) terminology has typically played a role in the oppression of African and American Indian peoples. Official nomenclature illustrated a person’s legal and social status in the U.S. Various terms were used to identify persons of color (“Asiatic”) who had fallen under…European control and oppression (Pimienta-Bey 119). Unlike the term “black,” the term “negro,” in English, was initially free from an association with slave status; however, it later became “synonymous with enslavement” (Forbes 84).” 

Source: Illusions of “Blackness” in Contemporary Visual Culture

“The capacity for that condition of loss of legal personality, or the liability to become property, being since that period, confined to the Indian races of America, and African Moors and Negroes; 1. Banc., 167,–that natives from the coast of the America were kidnapped by slavers” cites Peter Martr d’ Anghiera, d. VII., C. 1, 2. Hakluuyt, v. 404, 405, 407. (id. at 49-50; see also Patterson v Council of Seneca Nation, 245 NY 433, 446-447 [1927] [decision whether to enroll an individual as a member of a tribal nation was outside the jurisdiction of the state courts]).”

Source: The Law of Freedom and Bondage in the United States, Volume 1

“To be a legal person is to be the subject of rights and duties. To confer legal rights or to impose legal duties, therefore, is to confer legal personality. Among definitions to be found in discussions of the subject, perhaps the most satisfactory is that legal personality is the capacity for legal relations.” 

Source: 1928 LEGAL PERSONALITY BRYANT SMITH

 The right to a nationality is of paramount importance to the realization of other fundamental human rights. Possession of a nationality carries with it the diplomatic protection of the country of nationality and is also often a legal or practical requirement for the exercise of fundamental rights. Consequently, the right to a nationality has been described as the “right to have rights.” See Trop v. Dulles, 356 U.S. 86, 101–02 (1958). Individuals who lack a nationality or an effective citizenship are therefore among the world’s most vulnerable to human rights violations.We believe, as did Chief Judge Clark in the court below, that use of denationalization as a punishment is barred by the Eighth Amendment [Cruel and Unusual]. There may be involved no physical mistreatment, no primitive torture. There is, instead, the total destruction of the individual’s status in organized society. It is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself. While any one country may accord him some rights and, presumably, as long as he remained in this country, he would enjoy the limited rights of an alien, no country need do so, because he is stateless. Furthermore, his enjoyment of even the limited rights of an alien might be subject to termination at any time by reason of deportation.”

 Source: Trop v. Dulles (No. 70)

 What is BLOOD? Kindred; consanguinity; family relationship; relation by descent from a common ancestor. One person is “of the blood” of another when they are related by lineal descent or collateral kinship.”

Sources: Miller v. Speer, 38 N. J. Eq. 572; Delaplaine v. Jones, 8 N. J. Law, 346; Leigh v. Leigh, 15 Ves. 108; Cummings v. Cummings, 146 Mass. 501, 16 N. E. 401; Swasey v. Jaques, 144 Mass. 135, 10 N. E. 758, 59 Am. Rep. 65.”

Capitis Diminutio Maxima is the definitive legal term for the phrase “stripped of Name and Heritage” found in Federal and State apologies for Slavery.  Capitis deminutio or capitis diminutio, (lit. “decrease of head”) is a term used in Roman law, referring to the extinguishing, either in whole or in part, of a person’s former legal capacity. See Status Correction Course Book Volume One. The Romans only used majuscule letters (capital letters) and had no minuscule letters (lower case), this does not refer to capital letters in a name.

Civiliter Mortuss or Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities and is accounted dead in law. White and Black Sovereign U.S. Citizens (USA Nationals) have been incorrectly presenting to the public that the phrase  Capitis Diminutio Maxima means a maximum loss of status through the use of capitalization of letters, e.g. JOHN DOE or DOE JOHN which is false and clearly a misconstrued perception. The Romans didn’t have lower case letters in their language, generally.

Congress has recognized that African Americans descend from individuals subjected to Capitis Diminutio Maxima, hence there is no reason to adopt the White Sovereign Citizen doctrine in an effort to prove such.

“Whereas Africans forced into slavery were brutalized, humiliated, dehumanized, and subjected to the indignity of being stripped of their names and heritage.”

Source: H. RES. 194 In the House of Representatives, U. S., July 29, 2008 R

The act of one proclaiming he or she is a Moorish American is done in a religious ceremony within a religious institution styled as the Moorish Science Temple of America, registered as a Religious Corporation. This religious function is not the same as “Status Correction” as originally coined and developed by the Murakush Society, which pertains to Moors who are by means of the legacy of Slavery which was prohibited by Moorish-English treaties and Moorish-USA treaties in the United States of America, formerly part of British-America are unlawfully and illegally classified in State and Federal records as “Black” or “African American” in violation of the United States Constitution. Unbeknownst to many Moorish-Americans, the 39th Congress considered the terms “Race” and “Nationality“ to be “synonyms“.

“The Spanish King: To our officials who reside in the city of Seville at the House of Trade of the Indies. We are informed that because of the increase in the price of Negro slaves in Portugal and in the islands of Guinea and Cape Verde, some merchants and other persons who intend to have them for our Indies have gone or sent to buy Negroes in the islands of Sardinia, Majorca, Minorca, and other parts of the Levant in order to send them to our Indies because they say that there they are cheaper. And because many of the Negroes in those parts of the Levant are of the race (casta) of the Moors”.

Source:  “Deeper Roots” by Abdullah Hakim Quick

“Political motives had their weight, and it was not as well settled then as it now is, that the Moors were to be treated on a footing with other nations. See 2 Wood. 425.

“As late as 1398 we find the following reference to the ‘Moors’: “Also the nacyn (nation) of Maurys (Moors) theyr blacke colour comyth of the inner partes.”

Source: A New English dictionary on historical principles: founded mainly on the materials collected by the Philological society / edited by James A. H. Murray … with the assistance of many scholars and men of science.

 A “tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.” (Santa Clara Pueblo v. Martinez (1978) 436 U.S. 49, 72, fn. 32.) In regard to the first option—being a member—”membership criteria are the tribe’s prerogative,” membership is not a term defined by federal or state statutes. A tribe’s membership decision is conclusive for purposes of ICWA. (In re D.N. (2013) 218 Cal.App.4th 1246, 1253.) The letter from the Cherokee Nation reflects J.S. needs to apply for membership in the Tribe. The Tribe requested birth certificates be provided in order to officially establish J.S.’s direct lineage to a tribe member. Great-grandmother received a letter from the Tribe reflecting “they needed to complete the [membership] application.” The evidence reflects J.S. was not a member of the Tribe because (1) he had not applied, and (2) his lineage had not been officially established via birth certificates. Accordingly, J.S. does not qualify as an “Indian child” based upon membership in the Tribe. In re J.S. E060554 (Cal. Ct. App. Sep. 11, 2014) (id. at 49-50; see also Patterson v Council of Seneca Nation, 245 NY 433, 446-447 [1927] [decision whether to enroll an individual as a member of a tribal nation was outside the jurisdiction of the state courts]).“They were not regarded as independent nations (case last cited, and Cherokee Nation v. State of Georgia, 5 Pet. 1); and finally it was so declared by act of Congress March 3, 1871. (16 U.S. Stat. at Large, 566, chap. 120, § 1; revised in U.S.R.S. § 2079.)

Results of Moorish American Application of Religious Proclamations  and Declarations Identifying “Moorish American” as a Religious Identity

“To further rub salt into his wounds, Judge Emerson denied Green El his “religious identity” as a Moorish-American when passing the sentence by reminding the latter that “he was a NEGRO, and would remain a Negro.” 1“Mohammed Bey’s Follower Draws 5 Years: Judge Gives Green a Good Talk; Tells Him He is a Negro,” The Plaindealer, Jun 18, 1937, pp. 1, 5.” 

Source:The Sheiks of Sedition: Father Prophet Mohammed Bey, Mother Jesus Rosie Bey and Kansas City’s Moors (1933-1945), Journal of Religion and Violence, Vol 3 No. 1, Jun 2015

Ex. 2018 “Bey was a 32-year-old, dark-skinned African American man with a long beard. Officer Powell testified that he could not identify Bey’s race upon first seeing him, but he later testified that when he saw Bey, he told Officer Cherry “[h]ey, that’s the red jacket, “the black guy”, red jacket.”7 (App. 115.) Both officers stated that they drew their guns, approached Bey, and ordered him to show his hands. Bey immediately put his hands in the air and turned around to face the officers.”

Source: UNITED STATES OF AMERICA v. MUADHDHIN BEY,   

“Bey says he’s a sovereign citizen” and therefore can’t lawfully be taxed by Indian or its subdivisions in the absence of a contract between them and him. (See El v. Ameri-Credit Financial Services, Inc., 710 F.3d 748, 750 (7th Cr. 2013), for a description of the beliefs of so-called sovereign citizens of alleged Moorish origin.) We have repeatedley rejected such claims. See United States v. Johnassen, 759 F.3d 653, 657 and note 2 (7th Cir. 2014); United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011); United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Ci9, 1570 (7th Cir. 1990); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990). We do so in this case as well, and thus affirm the district. “But we want to take this opportunity to examine the rights asserted, in this as in the other cases we’ve cited, by persons describing themselves as sovereign citizens by virtue of their alleged Moorish origin. Most of them are African Americans who belong to the Moorish Science Temple of America (MSTA) and claim to be descendants of the Moors of northern Africa, though they are not; Moors are of mixed Berber and Arab descent rather than being African American in the usual sense of being descended from black Africans.” 

Source:  Bey v. Indiana, No. 16-1589 (7th Cir. 2017) 

Capitis diminutio Maxima was imposed on enslaved Moors and other indigenous peoples. The practice of imposing such a punishment was initiated in the Doctrine of Discovery. 

The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M’Intosh in 1823.

Chief Justice John Marshall explained and applied the way that colonial powers laid claim to lands belonging to foreign sovereign nations during the Age of Discovery.

Under it, title to lands lay with the government whose subjects traveled to and occupied a territory whose inhabitants were not subjects of a European Christian monarch.

The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments.”

Scholars recognize that the “arabic” word “abyad” (meaning “white”) actually applies to “black” or “dark skin pigment” when used by Ancient Arabs (in Classical Arabic) when describing their own skin complexion. (Citing Wesley Muhammad).

Source: Ancient Kush: Arabia And Her Ancient Races

“Amongst the Whites there are entire populations, whose skin is as black as that of the darkest Negro. I shall only quote the Bishareen and other tribes inhabiting the African coasts of the Red Sea, the black Moors of Senegal, etc. On the other hand, there are yellow Negroes, as the Bosjesmans, who are the colour of light mahogany, or of cafe au lait, as Lingstone tells us.”

Source: The Human Species By Armand de Quatrefages

“Clearly it seems that the “Barbares” or Soninke of the Sahel and Sudan were the “Mauri Bavares” or Babars of Mauritania in what is now Morocco and Algeria possibly pushed down by the Tuareg “the second race of Berbers” and/or Arab Sulaym/Hilal peoples like the Trarza or Hassaniya. They were direct ancestors of the black merchants known as Soninke, Sughai (Isuwaghen or Zawagha) or Wangara who are called “whites” in early African manuscripts. According to Lewicki, in fact, Bavares is also thought to be the name of the people that came to be called the Bafour. “According to some traditions Bafour were whites … belonging to the Berber group of the Zenata. According to non-Muslim tradition the autochthonous inhabitants of Adrar Tmar were agriculturalists…The Bafour, might we think, be identified with the Libyan (Moorish) tribe of the Bavares, active in western part of North Africa in the third to fourth centuries of the Christian era” (Lewicki, Tadeusz, p. 313) See FEAR OF BLACKNESS SERIES – PART II Andalusia and the Mauri: An Exploration of the Original Berbers of Early Sources and their Settlements in Spain by Dana Reynolds Marniche

Source: Historical References on the Black African Skin color of the original Berber Tribes

“The word “Caucasian” is in scarcely better repute. It is at best a conventional term, with an altogether fortuitous origin, which, under scientific manipulation, has come to include far more than the unscientific mind suspects. According to Keane, for example, . . . It includes not only the Hindu but some of the Polynesians, (that is the Maori, Tahitians, Samoans, Hawaiians and others), the Hamites of Africa, upon the ground of the Caucasic cast of their features, though in color they range from brown to black. We venture to think that the average well informed white American would learn with some degree of astonishment that the race to which he belongs is made up of such heterogeneous elements.”

Source: Hamites are Classed as under “White” In the USA

“One anthropologist who did fieldwork in the 1960s in a village along the Nile near Merowe, for example, noted that the village’s continued to have social obligations toward families who had owned them or their forebears. Since those of higher status frowned upon intermarriage with them, the group had remained largely endogamous. Slave descent, therefore, “blackened” an individual in social terms. Skin color was no index, since in the years before the nationalist transformation that would make Sudanese-ness acceptable, a person of high status could have had dark skin without being regarded as “Black,” or “Sudanese,’ by his community. Such an individual would most likely have identified himself instead as “Arab,’ which conveyed not simply his use of the Arabic language, but, more importantly, his claim of distinguished parentage. Good parentage derived from membership in a patrilineally reckoned tribal group (e.g., the Sha’iqiyya or Baqqara) that claimed a distant Arabian progenitor. The father’s line was paramount, though high status on the mother’s side enhanced social position.” “Ultimately, “Arab” and “Black” were both more important to the Northern Sudanese as labels of status and class rather than of ethnicity or color. The British appear to have absorbed some of these attitudes, in the form of an “Arab”/”Black” classification system that easily dovetailed with their own prejudices and notions of race. The system was also reinforced by their partnership with the Egyptians in the Condominium, since Egyptians tended to carry their own racialized stereotypes about Sudanese slavery and servitude. The result, by and large, was the promotion of policies that favored Arabs over Blacks–high status over low—for the finest academic educations and the most lucrative office jobs. A British soldier, D.C.E. Comyn, provided an insight into this rough classification system in his memoirs, publishd as follows: “Of the 150 men, 50 were pure, straight-haired Arabs; 70 were Kordofan Arabs, who, by intermarriage with the Nubas, tc., have the curly hair of the latter. The remainder were Sudanese.”

Source: Living with Colonialism: Nationalism and Culture in Anglo-Egyptian Sudan

“Armond de Quartrefages, an anthropologist at the Museum of National History in Paris, in his book The Human Species, wrote that black inhabitants were found in small numbers and isolated areas in America. Some examples were the Jamassi (Yamassee) of Florida, the Harruas of Brazil (Uruguay), the black Caribs of Saint Vincent on the Gulf of Mexico and the black Zuni of present Arizona and Mexico. In Columbus Journal of the Third Voyage, he said he wanted to find out about the black people the Indians told him about. Indians were found farming yams and taro, an African food, while the Portuguese explorers in Africa saw natives cultivating maize, an Indian product. The Pima Indian tribe, Arizona members of the Uto-Aztecan family of languages of the Southwestern area of the United States, now living in Southern Arizona, have been identified as speaking a Semitic language. Analysis of the language of the Pima Indians revealed that it may be derived from Phonecian Iberian Punic colonist who settled in America from the Basque area of Spain between 800 and 600 B.C. Inscriptions in the Zuni language of Mimbres pottery as well as certain mystic symbols have been discovered to bear a close resemblance to the North African group of languages used in the ancient kingdom of Libya.”

Source: Are Moors Indigenous To South Carolina?

“Reparation may be provided under orders from a court or through legislative or administrative programs.  Reparations may be called for in peace agreements, in the recommendations of truth commissions, through advocacy of civil society and victims’ groups, or as part of government initiatives to provide justice. Depending on the context, reparation may be provided individually or collectively to classes of victims. While they may look similar to development programs, reparation measures differ from development efforts in that they are provided in specific recognition of victimization and harm suffered. Reparation programs are often most effective when they are based on a consultative process and an understanding of what forms of reparation are most important to victims.”

Source: U.S. Department of State page on Reparations.

– ROSA BARNWELL born in South Carolina and endured slavery for twenty years, states that her mother was of Indian descent and a free woman, but that she, Rosa, was kidnapped by a man named Lee Edwards and doomed to a life of servitude. Rosa was one of 12 Indian children taken prisoners in the time of the last war (Tuscarora) and sold into slavery…her desire to purchase the freedom of the other Indians was too costly. (A Most Secret Identity: Native American Assimilation and Resistance in African America, Wellburn, Ron 2002) note here: In the Tuscarora War of 1712, James Moore Jr. and COLONEL John BARNWELL carried off a thousand Tuscaroras into slavery.

1719 South Carolina Assembly in determining who should be “Indian” for tax purposes (Indian slaves were adjudged at a lower tax rate than negro slaves. So, the idea is to get as much tax as possible…remember, censuses were also intended to assess the taxable citizens in any given area, so race was determined by what the census enumerator felt that the person should be taxed as.) The Act passed that year stated: “And for preventing all doubts and scruples that may arise what ought to be rated on mustees, mulattoes, etc. all such slaves not entirely Indian should be accounted as negro.” Inference: persons of Indian blood less than full blood would be legally documented as “negro”.

In the 1860s all persons of African ancestry who had been slaves were granted, by treaty, citizenship in the “five civilized tribes” of Indian Territory. The general trend, however, was to enroll the more visibly part-African persons as “Freedmen” citizens and to restrict their tribal status. When lands were allotted in the 1880s to the early 1900s most such persons were not allowed to assert American ancestry and were, therefore, denied future rights as “Indians.” The 1980 census was so arranged that any American-African mixed-blood who checked both “black” and “Indian” boxes was counted solely as “black. ”

Source: The Use of the Terms “Negro” and “Black” to Include Persons of Native American Ancestry in “Anglo” North America Jack D. Forbes.