Walter Ashby Plecker, was the first registrar of Virginia's 'Bureau
of Vital Statistics', starting in 1912, forced people who were of
any part-Amerindians lineage to become classified as "black".
The tribes, he said, had become a "mongrel" mixture.
(--- written by Warren Fiske -- for
'Style Weekly' -- September 22, 2004)
Lacy Branham Hearl closes her eyes and travels eight
decades back to what began as a sweet childhood.
There was family everywhere: her parents, five
siblings, nine sets of adoring aunts and uncles,
and more cousins than she could count.
They all lived in a Monacan Indian settlement near
Amherst, their threadbare homes circling apple
orchards at the foot of Tobacco Row Mountain.
As Hearl grew, however, she sensed the
adults were engulfed in deepening despair.
When she was 12, an uncle gathered his
family and left Virginia, never to see her again.
Other relatives scattered in rapid succession,
some muttering the name "Plecker".
Soon, only Hearl's immediate family remained.
Then the orchards began to close, because there
were not enough workers and the townspeople
turned their backs, and all that was left
was prejudice and plight and Plecker.
Hearl shakes her head sadly.
"I thought Plecker was a devil," she says". Still do".
Walter Ashby Plecker was the first registrar of
Virginia's Bureau of Vital Statistics, which
records births, marriages and deaths.
He accepted the job in 1912.
For the next 34 years, he led the effort to `purify'
the white race in Virginia by forcing Indians and
other nonwhites to classify themselves as blacks.
It amounted to bureaucratic genocide.
He worked with a vengeance.
Plecker was a white supremacist and a zealous advocate
of a now discredited movement to preserve the integrity
of white blood by preventing interracial breeding".
Unless this can be done," he once wrote,
"we have little to hope for, but may
expect in the future decline or complete
destruction of our civilization".
Plecker's icy efficiency as racial gatekeeper drew
international attention, including that of Nazi Germany.
lIn 1943, he boasted: "Hitler's genealogical
study of the Jews is not more complete".
Plecker retired in 1946 at the age
of 85 and died the following year.
The damage lives on.
From the grave, Plecker is frustrating the efforts
of Virginia tribes to win federal recognition and
a trove of accompanying grants for housing,
health care and education.
One of the requirements is that the tribes
prove their continuous-existence since 1900.
Plecker, by purging Indians as a "race",
has made that nearly impossible.
Six Virginia tribes are seeking the permission
of Congress to bypass the requirement.
"It never seems to end with this guy," said
Kenneth Adams, chief of the Upper Mattaponi".
You wonder how anyone
could be so consumed with hate".
It's likely that Plecker didn't see
himself as the least bit hateful.
Had he not been so personally aloof,
he might have explained that he believed
he was practicing "good science" and "religion".
Perhaps he would have acknowledged that
he was influenced by his own heritage.
Walter Plecker was one of the
last sons of the Old South.
He was born in Augusta County on April 2, 1861.
Ten days later, the cannons at Fort Sumter
sounded the start of the Civil War.
His father -- a prosperous merchant and
slave owner-- left home to fight for the
Confederate Army with many of his kin.
Some 60 years later, Plecker would recall his early
days in a letter to a magazine editor expressing
his abhorrence of interracial breeding.
He remembered "being largely under the
control" of a "faithful" slave named Delia.
When the war ended, she stayed on as a servant.
The Pleckers were so fond of her that
they let her get married in their house.
When Plecker's mother died in 1915, it
was Delia "who closed her eyes," he wrote.
Then Plecker got to his point.
"As much as we held in esteem individual negroes
this esteem was not of a character that would tolerate
marriage with them, though as we know now to our
sorrow much "illegitimate" mixture has occurred".
Plecker added, "If you desire to do the correct thing
for the Negro race, inspire (them) with the thought that
the birth of Mulatto children is a standing disgrace".
Plecker graduated from Hoover
Military Academy in Staunton in 1880.
He became a doctor, graduating from the
University of Maryland's medical school in 1885.
He moved around western Virginia and the coal
fields of Alabama before settling in Hampton in 1892.
Plecker took special interest in delivering babies.
He became concerned about the high mortality rate
among poor mothers and began keeping records
and searching for ways to improve birthing.
Public health was first being recognized as
a government concern at the turn of the last
century, and Plecker was a pioneer.
In 1902, he became health officer for
Elizabeth City County (today, Hampton).
He recorded details of more than 98 percent
of the births and deaths in the county
an amazing feat during a time when m
ost people were born and died at home.
When lawmakers established the state Bureau of Vital
Statistics in 1912, they asked Plecker to run it...
Plecker was all work.
He did not seek friendship.
Although married most of his
life, he did not have children.
He listed his hobbies as "books and birds".
"He was a man you could sometimes respect and admire,
but never love," said Russell E. Booker Jr., who grew
up in Plecker's neighborhood, delivered his newspaper
and worked in the Bureau of Vital Statistics from
1960 to 1994, spending the last 12 years as director".
He was a very rigid man," Booker added".
I don't know of anyone who ever saw him smile".
Plecker was tall, bone-thin, had wavy, white
hair that was neatly combed and a trim mustache.
He took a bus to work and lunched
every day on just an apple.
He was a miserly taskmaster.
Plecker scraped glue pots, mixed the gunk
with water and sent it back to employees for use.
Booker said that, according to office legend,
"You didn't get a new pencil until you turned
in your old one, and it better not be
longer than an inch and a quarter".
Plecker never looked before crossing streets.
"He just expected the cars to stop for him,"
said Booker, who still lives in Richmond.
"One time a woman grabbed him just as
he was about to be hit, and he laid
her out like she'd just touched God".
[claimed to] believe the Bible
[openly] condoned segregation....maintained
that God flooded the earth and destroyed
Sodom to express his anger at racial interbreeding.
"Let us turn a deaf ear to those who would
interpret Christian brotherhood as racial equality,"
Plecker wrote in a 1925 essay.
Plecker described himself as "a man of science".
And at the turn of the 20th century, Eugenics was
internationally heralded as the thinking man's science.
The term "Eugenics" was coined in 1883 by English
scientist Francis Galton, a cousin of Charles
Darwin, a year after Darwin's death.
Galton defined it as "The Science of Race Improvement".
It was viewed as "a practical application of Darwin's
theories of evolution and natural selection".
The early aim of Galton and his followers
was to promote selective marriages...
It wasn't long, however, before they focused
on perpetuating a superior class of humans.
As "the science" swept across the Atlantic,
it picked up more ominous tones.
Eugenicists began espousing mandatory
sterilization of "wicked" and mentally
retarded people to eliminate their bloodlines.
All the major colleges, including the
University of Virginia, taught "the science".
It was embraced by such great minds as Alexander
Graham Bell, George Bernard Shaw and H. G. Wells.
Margaret Sanger won support for legalizing
contraception by arguing it would lower
the birth rate of "[the] undesirables".
Winston Churchill unsuccessfully proposed
sterilization laws for Great Britain in 1910.
As governor of New Jersey, Woodrow Wilson
signed that state's first sterilization law in 1911.
The next year, he was elected president.
Virginia's gentry embraced the fad.
Eugenics was the perfect way to
deal with race and the underclass.
"Virginians thought of themselves as more progressive
than their neighbors to the south," said Gregory
M. Dorr, a University of Alabama history
professor who is writing a book on eugenics.
"There was a feeling that we don't
need to do lynching or the KKK.
We're not savage.
We can handle our problems in a rational way".
The leader of the state movement was John Powell
of Richmond, an internationally acclaimed pianist
and composer who would work closely with
Plecker for more than a quarter of a century.
Powell was rich, well-connected
and a compelling speaker.
Plecker stayed behind the scenes, supplying Powell
with copies of all the major correspondence of
his office and drafting racial separation bills
for the legislature's consideration.
Their work paid off in 1924 when the General
Assembly passed the Racial Integrity Act and
a mandatory sterilization law that would be
invoked 8,300 times over the next 55 years.
Although 31 states would pass eugenics
laws, none was tougher than Virginia's.
The Racial Integrity Act essentially
narrowed race classifications on birth
and marriage certificates to two choices:
'White Person' --- or --- "Colored".
The law defined a 'White' as one
"with no trace of Black blood".
A 'White' person could have "no more
than a"one-sixteenth trace of Indian blood"
---- an exception, much to Plecker's regret,
legislators made to appease the descendants
of Pocahontas and John Rolfe, who were
considered among Virginia's first families.
The act forbade interracial marriage
and lying about race on registration forms.
Violators faced felony convictions and a year in prison.
Plecker strongly supported sterilization laws,
arguing that feebleminded 'Whites' were
prone to mate with Indians and "blacks".
He had no role in administering the law, however.
The Racial Integrity Act, on the other hand, was his
to enforce, and Plecker went about it obsessively.
Gov. E. Lee Trinkle, a year after signing the act,
asked Plecker to ease up on the Indians and
not "embarrass them any more than possible".
Plecker fired back an angry letter.
"I am unable to see how it is working any injustice
upon them or humiliation for our office to take a
firm stand against their intermarriage with 'White'
people, or to the preliminary steps of recognition
as Indians with permission to attend 'White' schools
and to ride in 'White' coaches," Plecker wrote.
The governor retreated.
Plecker saw everything in "black" and 'White'.
There were no other races.
There was no such thing as a Virginia Indian.
The tribes, he said, had become a "mongrel"
mixture of "black" and American Indian blood.
Their existence greatly disturbed Plecker.
He was convinced that Mulatto offspring
would slowly seep into the 'White' race.
"Like rats when you're not watching,
"they " have been sneaking in their birth
certificates through their own midwives,
giving either Indian or 'White' racial
classification," Plecker wrote.
He called them "the breach in the dike".
They had to be stopped.
Many who came into Plecker's cross
hairs were acting with pure intentions.
They registered as 'White' or Indian because
that's how their parents identified themselves.
Plecker seemed to delight in informing them they were
"Colored," citing genealogical records dating back to
the early 1800s that he said his office possessed.
His tone was cold and final.
In one letter, Plecker informed a Pennsylvania
woman that the Virginia man about to
become her son-in-law had "black" blood.
"You have to set the thing straight now and we hope your
daughter can see the seriousness of the whole matter and
dismiss this young man without any more ado," he wrote.
In another missive, he rejected a Lynchburg
woman's claim that her newborn was 'White'.
The father, he told her in a letter,
had traces of "Negro" blood.
"This is to inform you that this is a Mulatto child
and you cannot pass it off as White," he wrote.
"You will have to do something about this
matter and see that this child is not
allowed to mix with White children.
It cannot go to White schools and can
never marry a White person in Virginia.
"It is a horrible thing".
Plecker's no-nonsense approach made him a
celebrity within the Eugenics movement, which
was increasingly losing support among scientists
and becoming a platform for White supremacy.
He spoke around the country, was widely published
and wrote to every governor in the nation to urge
passage of racial laws just as tough as Virginia's.
He dined at the New York home of Harry H.
Laughlin, the nation's leading eugenics
advocate and an unabashed Nazi sympathizer.
In 1932, Plecker gave a keynote speech at the Third
International Conference on Eugenics in New York.
Among those in attendance was Ernst Rudin
of Germany who, 11 months later, would
help write Hitler's Eugenics law.
In 1935, Plecker wrote to Walter Gross,
the director of Germany's Bureau
of Human Betterment and Eugenics.
He outlined Virginia's racial purity laws
and asked to be put on a mailing list for
bulletins from Gross' department.
Plecker complimented the Third Reich for
sterilizing 600 children in Algeria who
were born to German women and "black" men.
"I hope this work is complete and not
one has been missed," he wrote".
I sometimes regret that we have not the authority
to put some measures in practice in Virginia".
Plecker wrote to Gross on state-issued stationery.
He sold copies of Eugenics books in his office.
He was occasionally rebuked for turning
official publications into diatribes against Racial
Interbreeding and mailing them at government expense.
And when the Racial Integrity Act failed
to meet his needs, Plecker stretched it.
He pressured superintendents to remove
children from 'White' schools based on
complaints that they had "Negro"-features".
As to deciding the point of race, you and the sheriff,
and any other intelligent citizen of your community,
are as capable of judging from the appearance
of the child as the most learned scientist,"
Plecker wrote one superintendent.
"There is absolutely no blood or
other test to determine the question".
Plecker demanded the removal
of bodies from 'White' cemeteries.
He tried to evict a set of twins from a Presbyterian
orphanage because they were "illegitimate"
and ... therefore ... the "chances are
10-1 they are of Negro blood".
Plecker maintained that all of his racial
designations were based on impeccable records.
There was, however, a secret Plecker
revealed to only a few trusted allies:
A lot of the time he was just guessing.
He acknowledged the sham when a Richmond attorney
questioned his authority to change the birth certificate
of a woman classified as an Indian before 1924.
Plecker quietly admitted he had no such power and
rescinded his designation of the woman as "Colored".
Plecker fretted that he would lose his hold
on Indians if word of his retreat got out".
In reality I have been doing a good deal of bluffing,
knowing all the while that it could never be legally
sustained," he wrote to his cohort, John Powell".
This is the first time that my
hand has been absolutely called".
The setback was temporary, however.
The attorney kept quiet.
And Plecker began developing his
ultimate weapon against the Indians.
In January 1943, he sent a list of common
surnames from each of the state's tribes
to local officials where the clans lived.
He instructed them that anyone with those
names must be classified and treated as "Negro".
Today, the Indians call it Plecker's hit list.
It was the last indignity for many of them,
the act that convinced them there was
no prospect for happiness in Virginia.
It was the reason Lacy Hearl's
relatives pulled out for other states.
Why she got married in Maryland,
which recognized her heritage.
Why her son couldn't get into a Boy Scout troop.
Hearl's maiden name "Branham" was on the list.
Although the Branhams and most other Monacans
lived among themselves and attended an
Indian school, many of them had light
complexions and could move freely.
Suddenly, their freedom was gone.
"You had to lie about your name and hope the
person at the door didn't know you," she said.
Hearl had always loved going to the movies and dances.
She could no longer get in.
"It was the end of my family,"
said Hearl, now 74 "I was lonely.
It's sad that a family has to depart
from each other just because of a name".
Other tribes tell similar stories.
"The worst thing about Plecker is how he
screwed up The Community," said Kenneth
Adams, the chief of the Upper Mattaponi".
People just left.
Indian schools did not go beyond eighth grade.
White schools were off-limits.
The "black" schools were not an option for
most Indians because attending them would be
a concession to Plecker's racial classifications.
"We were the third race in a two-race state,"
said Stephen Adkins, chief of the Chickahominy tribe".
I remember once traveling with my father, and we
pulled into a gas station because I had to go to the
bathroom and there was one bathroom marked
'White' and one bathroom marked "Colored.
`I said, "Dad, what do I do?' "
After his retirement, Plecker planned to write
a book about the decline of the White race.
Before he had a chance, he stepped
into traffic without looking.
Legend has it that he was hit by a bus.
"I know it's kind of cruel to say this, but I hope the
last thing he saw was an Indian driving that bus,"
said Sue Elliott, Hearl's daughter.
The truth is that he was hit by a car
driven by Kenneth R. Berrell, whose
racial origins have fallen into oblivion.
Plecker died in a hospital two hours later.
It was 1947.
Plecker's racial records were largely ignored after
1959, when his handpicked successor retired.
Virginia schools were fully integrated in 1963
and --- four years later --- the state's ban on
Interracial Marriage was ruled unconstitutional.
In 1975, the General Assembly repealed
the rest of the Racial Integrity Act.
Virginia has tried to erase Plecker's legacy.
It has established councils on Indian affairs and has
conferred official state recognition on eight tribes,
a designation that provides no privileges.
But Indian leaders say recognition equals respect.
In 1997, then-Gov. George F. Allen
simplified procedures for people to
correct inaccurate birth records.
Hearl had her race changed from "Black" to Indian.
"I know who I am and I'm proud of it," she said.
The going has been tougher in Washington,
where Virginia Indians are trying to join 562 tribes
around the country that are federally recognized.
The Bush administration has been
unwilling to ease application rules.
Allen, now a U.S. senator, is again
championing the Indians' cause.
The Republican has authored legislation that
would bypass bureaucratic requirements and
allow Congress to federally recognize the tribes.
Allen, during a Senate hearing last year,
lamented Virginia's racist past.
"Virginia Indians were not extended the rights offered to
other U.S. citizens, and the years of discrimination and
coercive policies took a tremendous toll," he said.
The bill has been approved by a key Senate committee
and may come up for a floor vote later this year.
The legislation faces major opposition in the House
of Representatives, however, where Rep. Frank
Wolf, R-Fairfax County, has raised concern
that federal recognition would open the
door to Indian-run casinos in Virginia.
The tribes, most of them devout
Christians, say they oppose gaming.
Allen and Gov. Mark R. Warner say there
are many safeguards that would prevent
casinos from opening in the Old Dominion.
The Virginia tribes are moving decisively.
Six have banded together to ask Congress for help.
They have brought Plecker's story to Capitol Hill,
hired a lobbyist and meet regularly to plan strategy,
which includes deciding whether to participate in the
400th anniversary of the Jamestown settlement in 2007.
Indian leaders say that's a big change from the days not
long ago when all of the tribes went separate ways.
"We have a bond now," Adkins,
the Chickahominy chief, said".
It's kind of ironic, but Plecker has made us stronger".
Information for this story was gathered from interviews,
books on the history of eugenics and the collection of
Plecker's writings on file in the John Powell papers,
kept in the special collections department of
the Alderman Library at the University of Virginia.
A NOTE ON "RACIAL INTEGRITY"
/ 'EUGENICS' LAWS IN THE U.S.
IN 1922, John Powell, who was born in Richmond, Virginia
forty years earlier, founded -- with the support of Dr. Walter
Plecker --'The Anglo-Saxon Clubs of America', whose goals
were echoed in Philip Hirschkop's argument in 1967:
"the preservation and maintenance of Anglo-Saxon
ideals and civilization in America."19
Two years after the Clubs' founding, Powell presented
to the General Assembly of Virginia a signed petition
calling for a bill to preserve "racial integrity."
On February 18, 1924, the day the bill was to be
considered, the Richmond Times-Dispatch published
an editorial endorsing it, with a "warning" that ...
"[u]nless stringent measures are adopted to keep the races
separate in the matter of marriage, amalgamation is inevitable."20
Walter Plecker was born in Augusta County,
Virginia in 1861, at the start of the Civil War.
In 1912, he was appointed Richmond's registrar of the state's
primary watchdog for "racial purity," the Bureau of Vital Statistics.
"[H]e used his position and influence ... to promote the agendas
of John Powell and the Anglo-Saxon Clubs," and for years
"pursued, with vengeful enthusiasm, individuals and groups"
that he felt violated "the natural laws of racial separation [.]"21
John Powell's proposed bill would further tighten the doctor's legal
grip by making it "a FELONY to falsify one's race on a certificate[,]"
and would give county clerks the authority "to deny
marriage licenses to couples who could not prove
upon demand that they were of the same race."22
On March 20, 1924, Virginia's governor signed
into law the "Act to Preserve Racial Integrity."
But it was only in a few quick months after its passage
that quite a significant challenge to the Act began ...
"when Atha Sorrells, whose Grandmother's
birth records designated her as a `free Colored
person,' attempted to marry" a White man.
"The clerk rejected the couple's application
for a marriage license,"23 because it
would have violated the new statute.
When they filed a protest suit, Judge Henry Holt, who
presided over the hearing, "ruled in favor of Sorrells
and ordered the clerk to issue a license."24
Alarmed by Holt's ruling, John Powell and Walter
Plecker "contacted the state attorney general in
an attempt to overturn the precedent they
feared as a result of the Sorrells case."
They were advised, however, "that appeal was
dangerous since a loss at the appellate level
would set a binding precedent throughout the state."25
Though the Sorrells case had created a small "breach
in the dike,"27 the Racial Integrity Act itself remained intact.
Moreover, Powell and Plecker now had a formidable
ally who would stalwartly guard Virginia's
front lines in their racist campaign.
Ironicallyand fortunatelyhowever, their ally
would also help facilitate the Act's demise.
STANDING before the United States Supreme Court
on Wednesday, April 10, 1967, Philip Hirschkop neared
the end of his defense of Richard and Mildred Loving.
To illustrate the emotional foundation of Virginia's
antimiscegenation argument, he recited a now
infamous and often-published opinion aired by
Judge Bazile, who had in 1959 effectively banished
Mr. and Mrs. Loving from the state for twenty-five
years, and who, six years later, stubbornly
denied a motion to set aside his ruling ...
Though he had recited only a small portion of that
quote, Hirschkop's was an effective legal strategy,
for on June 12, 1967, when U.S. Supreme Court
Chief Justice Earl Warren delivered the court's
unanimous decision that struck down all
standing anti-miscegenation laws, he, too,
recited the Virginia judge's opinion.
Thus does it bear repeating here at length:
Almighty God created the races...and
placed them on separate continents.
And but for the interference with his arrangement
there would be no cause for such marriages.
The fact that he separated the races shows
that he did not intend for the races to mix.
The awfulness of the offense is shown by the fact . . .
[that] the code makes the contracting of a marriage
between a white person and any Colored person a FELONY.
Conviction of a felony is a serious matter.
You lose your political rights; and only the
government has the power to restore them.
And as long as you live you will be known as a FELON. 29
With a nod to polygenesis and with a literary flourish, Judge
Leon Bazile had dutifully upheld the Racial Integrity Act of 1924,
which Powell and Plecker had worked so arduously to establish.
"Justices Upset All Bans On Interracial Marriage,"
the front page headline announced in the Tuesday,
June 13, 1967 edition of The New York Times:
WASHINGTON, June 12
The Supreme Court ruled unanimously today that states
cannot outlaw marriages between Whites and Non-Whites.
The opinion by Chief Justice Earl Warren was directed
specifically at the antimiscegenation laws of Virginia[.]
However, the wording was sufficiently broad and disapproving
to leave no doubt that the anti-miscegenation laws
of 15 other states are also now void.
"We have consistently denied the constitutionality of measures
which restrict the rights of citizens on account of race,"
Chief Justice Warren said.
"There can be no doubt that restricting the freedom to marry
solely because of racial classifications violates the central
meaning of the [Constitution's] equal protection clause."32
"Under our Constitution," the justices concurred
in their landmark ruling, "the freedom to marry
or not marry, a person of another race, resides with
the individual and cannot be infringed by the state.
These convictions must be reversed.
It is so ordered. Reversed."33