Mulattoes who were also designated as Creoles claimed the same exemption and resisted paying the tax.  M. Patoulet, Intendent, rendered a decision in 1683 and said:  “The Mulattoes and free Negroes claimed to be exempt from the capitation tax:  I have made them pay without difficulty.  I decide that those Mulattoes born in vice should not receive the exemption, and that for the free Negro, the master could give him freedom but could not give him the exemption that attaches to the whites originally from France."[14] The next year, the Mulattoes refused to pay, and the successor of Minister Patoulet, M. Michel Begou, asked for a law to compel them.[15] In 1696, an agreement was reached exempting the Mulattoes and Creoles, leaving only the free black subject to the tax.[16] But in 1712, a M. Robert, in a decision on a subject, again included the Mulattoes, without, however, mentioning the Creoles, so that only the free Negroes and Mulattoes paid.[17] Thus they were held as a class apart.  A free Negro woman, Magdelaine Debern, further contested the matter, and in 1724, in the colony of Louisiana, won a decision exempting free Negroes and Mulattoes, and again placing them on the same footing with the Creole.  The Creoles had a decided advantage, however, because through the favor of those in authority, there was always a disposition to exalt them.[18]

It is in the definition of the word Creole that another great difficulty arises.  The native white Louisianian will tell you that a Creole is a white man, whose ancestors contain some French or Spanish blood in their veins.  But he will be disputed by others, who will gravely tell you that Creoles are to be found only in the lower Delta lands of the state, that there are no Creoles north of New Orleans; and will raise their hands in horror at the idea of being confused with the “Cajans,” the descendants of those Nova Scotians whom Longfellow immortalized in Evangeline.  Sifting down the mass of conflicting definitions, it appears that to a Caucasian, a Creole is a native of the lower parishes of Louisiana, in whose veins some traces of Spanish, West Indian or French blood runs.[19] The Caucasian will shudder with horror at the idea of including a person of color in the definition, and the person of color will retort with his definition that a Creole is a native of Louisiana, in whose blood runs mixed strains of everything un-American, with the African strain slightly apparent.  The true Creole is like the famous gumbo of the state, a little bit of everything, making a whole, delightfully flavored, quite distinctive, and wholly unique.

From 1724 to the present time, frequent discussions as to the proper name by which to designate this very important portion of the population of Louisiana waged more or less acrimoniously.[20] It was this Creole element who in 1763 obtained a decision from Louis XV that all mixed bloods who could claim descent from an Indian ancestor in addition to a white outranked those mixed bloods who had only white and African ancestors.[21] In Jamaica, in 1733, there was passed a law that every person who could show that he was three degrees removed from a Negro ancestor should be regarded as belonging to the white race, and could sit as a member of the Jamaica Assembly.[22] In Barbadoes, any person who had a white ancestor could vote.  These laws were quoted in Louisiana and influenced legislation there.[23]