“Some States have allowed facts other than physical characteristics to be presumptive of race. Thus, it has been held in North Carolina that, if one was a slave in 1865 , it is to be presumed that he was a Negro.
“The fact that one usually associates with Negroes has been held in the same State proper evidence to go to the jury tending to show that he is a Negro….”
— From “Race Distinctions in American Law” by Gilbert Thomas Stephenson (1910)