As there were no "Confederate" Laws prior to February of 1861, most of the laws on the books defining Negro Status had to have been State laws and United States laws that were absorbed into Confederate Law.

Under the United States system prior to 1861 most of the laws seem to be established by the individual states, as the United States Government had no authority to establish such standard that would be binding upon the States. The Federal Government could only establish such regulation that would be binding within Governmental operations such as enlistment into the US Army.