CHAPTER I

Publications of the University of Texas

Publications Committee:

FREDERIC DUNCALF

G. C. BUTTE

KILLIS CAMPBELL

F. W. GRAFF

J. L. HENDERSON

E. J. MATHEWS

H. J. MULLER

A. E. TROMBLY

HAL C. WEAVER

The University publishes bulletins four times a month, so numbered that

the first two digits of the number show the year of issue, the last two

the position in the yearly series. (For example, No. 2201 is the first

bulletin of the year 1922.) These comprise the official publications

of the University, publications on humanistic and scientific subjects,

bulletins prepared by the Bureau of Extension, by the Bureau of Economic

Geology and Technology, and other bulletins of general educational

interest. With the exception of special numbers, any bulletin will be

sent to a citizen of Texas free on request. All communications about

University publications should be addressed to University Publications,

University of Texas, Austin.

University of Texas Bulletin

No. 2205: February 1, 1922

THE NEGRO IN TENNESSEE, 1790-1865

BY

CALEB PERRY PATTERSON

Adjunct Professor of Government in the University of Texas

[Illustration]

PUBLISHED BY THE UNIVERSITY FOUR TIMES A MONTH, AND ENTERED AS

SECOND-CLASS MATTER AT THE POSTOFFICE AT AUSTIN, TEXAS,

UNDER THE ACT OF AUGUST 24, 1912

The benefits of education and of useful knowledge, generally

diffused through a community, are essential to the preservation

of a free government.

Sam Houston

Cultivated mind is the guardian genius of democracy.... It

is the only dictator that freemen acknowledge and the only

security that freemen desire.

Mirabeau B. Lamar

CONTENTS

Preface 7-8

I. Introduction of Slavery into Tennessee 9-24

I. The status of the negro in North Carolina, 1693-1790 12-21

A. Privileges 12-18

B. Restrictions 18-21

II. The status of the negro in the Franklin State, 1785-1788 22-23

III. The status of the negro in the Southwest Territory,

1790-1796 23-24

II. The Status of the Slave in Tennessee, 1796-1865 25-58

I. The Privileges of Slaves 25-30

A. Hunting 25-26

B. Travel 26

C. Suits for freedom 26-28

D. Trial by Jury 28-30

II. Disabilities of Slaves 30-33

III. Relations of Master and Society 34-38

A. Liabilities of the master to society 34-36

1. For his own acts 34-35

2. For the acts of his slaves 35-36

B. Liabilities of society to the master 36-38

IV. The Patrol System 38-41

V. Special Problems of Slave Government 41-52

A. The runaway 41-43

B. Importation of slaves 43-44

C. The stealing of slaves 44-45

D. Trading with slaves 46-49

E. Insurrections 49-50

F. Unlawful assembly of slaves 50-51

G. Punishment of slaves 51-52

VI. Title of Slaves 52-55

VII. The Law of Increase 55-56

VIII. The Legal Status of the Slave 56-58

III. Economics of Slavery in Tennessee 59-79

I. Slavery an Expression of the Soil 59-64

II. The Management of the Plantation 64-72

III. Was Slavery Profitable in Tennessee? 72-79

IV. Anti-Slavery Societies 80-101

I. The Tennessee Manumission Society 80-89

II. The Humane Protecting Society 89

III. The Emancipation Labor Society 89-91

IV. The Moral, Religious Manumission Society of West

Tennessee 91-94

V. The Tennessee Colonization Society 94-101

V. The Religious and Social Aspects of Slavery 102-152

I. The Methodists 104-125

II. The Baptists 125-131

III. Cumberland Presbyterians 131-136

IV. The Friends 136-139

V. The Presbyterians 139-148

VI. The Episcopalians 148-152

VI. The Legal Status of the Free Negro 153-175

I. The Establishment of a Policy 153-160

A. The policy of North Carolina 153

B. The policy of Tennessee in 1831 153

C. Changes in the policy from 1831 to 1865 153-160

II. System of Registration of Free Negroes 161-162

III. Protection of Free Negroes 162

IV. Suffrage for Free Negroes 162-173

A. In North Carolina 162-164

B. In the Convention of 1796 164-167

C. From 1796 to 1834 167-168

D. Its abolition by the Convention of 1834 168-173

V. Limitations upon the freedom of free negroes 173

VI. The Status of the Free Negro 174-175

VII. Abolition 176-198

I. Private Abolition 176-180

A. Methods 176-179

(1) By Deed.

(2) By Will.

(3) By Bill of Sale.

(4) By Implication.

(5) By Effect of Foreign Laws.

B. Extent of Emancipation in Tennessee 179-180

II. Anti-slavery Leaders 180-185

III. Abolition Literature 185-187

IV. Petitions to the Legislature for Abolition 187-189

V. Abolition in the Convention of 1834 189-195

VI. Abolition Sentiment after 1834 195-198

VIII. Conclusions 199-202

IX. Bibliography 202-209

X. Appendices 209-213

A. Anti-Slavery Societies of Tennessee 209

B. Tennessee Colonization Society 209

C. Anti-Slavery Leaders in Tennessee 210

D. List of Emigrants 210-211

E. Vice-President of American Colonization Society from

Tennessee 211

F. Comparative List of Manumission Societies and Members

in the United States 211

G. Slave and Free Negro Population in Tennessee 212

H. Comparative Value of Land and Slaves in the Three

Divisions of Tennessee, 1859 212

I. Approximate Value of Property, Slaves, Land, and

Cotton in Tennessee, 1859 212

J. Classification of Slaveholders in Tennessee and the

United States, on the basis of number of slaves

held, 1860 213

PREFACE

This work was undertaken to discover the exact status of the negro in

one of the border states. An effort has been made to give definite

information as to the legal, social, economic, and religious condition of

the negro from his introduction into slavery in Colonial Western North

Carolina to the abolition of slavery in Tennessee in 1865.

The study reveals the struggles of the slave from a status of servitude

under the common law through the institution of slavery regulated by

an extensive slave-code into the final condition of an almost helpless

citizen with a responsibility for which he was only partially prepared.

The status of the free negro is also established in his relations to both

the slave and the whites. It was rather disappointing to find that the

free negro was more disadvantageously situated than the slave. He never

attained either civil or political equality, although he exercised the

suffrage until 1834. He was subject to a special code different from

either the slave code or the regular code.

It is clear, however, that the negro, whether slave or free, was making

progress. He was receiving an industrial training without which he

could never have sustained himself without help, when freedom came. His

training for active participation in the body politic was negligible. He

was taught the lesson of being obedient to law.

A constructive part of the study is the disclosure of a large body

of loyal friends of the negro in all his stages of development.

These consisted of not only the abolitionists, the Friends, and the

anti-slavery forces generally, but of more conservative individuals who

saw that the negro could be fitted for freedom only by a gradual process.

The courts of the state deserve special mention in this connection.

The study has been a difficult one to make because of the scarcity of

the sources and the deplorable condition of those that were available.

The county records of Tennessee have either been burned, thrown away,

or thrown together in heaps in the basement of county court houses.

The state archives are in the attic of the Tennessee Capitol, covered

with dust, and are practically inaccessible for any thorough study.

The statutes of the state, records of courts, reports of anti-slavery

societies, church minutes, petitions, slave codes, periodicals, travels,

reminiscences, and newspapers are the principal sources consulted. A

goodly number of general, state, and church histories and biographies

proved useful for general information.

The work was begun under the direction of Professors Jernegan and Dodd

of the University of Chicago, and continued under the guidance of

Professor Albert Bushnell Hart of Harvard, Professor U. B. Phillips

of the University of Michigan, and Professor William A. Dunning of

Columbia University. Professor B. B. Kendrick of Columbia University was

especially helpful in organizing the material. But for the stimulating

and sympathetic assistance of these men, the study could not have been

completed. The author alone is responsible for any errors of fact and the

conclusions.

CALEB PERRY PATTERSON.

The University of Texas, Austin, Texas.

CHAPTER I

INTRODUCTION

The introduction of slavery into Tennessee was a part of the westward

movement of colonization. It had passed the experimental stage of its

development in North Carolina before Tennessee acquired an independent

political existence.[1] Its economic, social, and legal aspects had

largely been determined before Tennessee was even settled.[2] As a system

of labor, it had proved a valuable adjunct to the sturdy pioneers in

converting the wilderness of North Carolina into a growing community

that began immediately to look forward to statehood.[3] As a social

institution, it had been left primarily to the regulation of custom.

As a problem of government, an elaborate code had been enacted for its

control. Its establishment and regulation in North Carolina prior to 1790

constitute, therefore, the genesis of this study.

Negro slaves were brought into North Carolina in 1663 by Virginia

immigrants who planted a settlement on the Albemarle River.[4] A group of

more thrifty Virginians, with a large number of slaves, settled in the

central part of the state about the middle of the eighteenth century.[5]

A number of small farmers came to the western part of the state with

their slaves at about the same time.[6] It is impossible to state the

exact number of slaves owned by these early settlers.

The opportuneness of these settlements is shown by a number of

conditions. The contest between negro slavery and white servitude had

been settled in favor of slavery. The Tuscorora Indians, the implacable

enemies of negroes, were driven out of the colony in 1772. The moral

evils of slavery had not appeared.[7] The English government in 1663, by

chartering the Royal African Company to engage in the slave trade, became

interested in the development of slavery, and, thereafter, discouraged

the importation of indented servants into the colonies in order that

this company might have a larger market for slaves.[8] It was early

recognized that the industrial life of the colonies offered practically

no place to the white servant at the expiration of his indenture. He was

not financially able to purchase land and white servants or negro slaves,

necessary to farming, nor could he find employment in the villages and

small towns, because they were not sufficiently industrialized at this

time to offer such opportunities.

These influences produced a rapid increase in the slave population of

the colonies. In 1709, Rev. John Adams, a missionary, reported 800

slaves in North Carolina.[9] In 1717, there were 1,100 slaves out of a

taxable population of 2,000.[10] Governor Burrington stated that there

were 6,000 in 1730.[11] The census of 1754 showed a population of 9,128

slaves. In 1756, there were 10,800 negro taxables and as the ratio of

taxable negroes (those of the age of twelve and above) to the total negro

population was about ten to eighteen, there must have been, at this time,

approximately 20,000 slaves in the colony. There were 39,000 in 1767.[12]

It is probable that the first slave was brought into Tennessee in 1766.

There are court records which show that slaves were a part of an estate

in Washington County in 1788. When John Sevier moved to Nolachucky in

1788, he owned slaves. James Robertson brought a “negro fellow” to

Nashville in 1779. John Donelson was accompanied by negroes on his famous

voyage to Nashville in the winter of 1779-80.[13] A court record, dated

November, 1788, at Jonesboro, Tennessee, shows that Andrew Jackson owned

a slave when he was only twenty-one years of age.[14] On the sixth of

September, 1794, a negro belonging to Peter Turner was stolen by the

Indians near the Sumner Court House.[15] Miss Jane Thomas, who came

with her parents to Nashville in 1804, tells an interesting story of a

prominent negro, who was highly regarded by the whites.[16] There was

also in Nashville in 1805, a famous “Black Bob” who ran a tavern. So it

is seen that slaves accompanied the westward movement into Tennessee, and

that some of them became rather prominent free negroes. In 1796, when the

census of the Southwest Territory was taken to ascertain if it contained

sufficient inhabitants to be admitted into the Union as a state, it had

a population of 77,262, of which 10,613 were slaves.[17] The population

of East Tennessee was 65,339, of which twelve and one-half per cent were

slaves. The population of West Tennessee (now Middle Tennessee) was

11,824, of which twenty per cent were slaves.[18]

The legal basis of slavery developed contemporary with the expansion

of settlement toward the western part of the colony. The famous law

of 1741 is regarded as the basis of the slave code of North Carolina,

although the Act of 1715 marks the beginning of slave legislation in

this colony. The laws of North Carolina were, in 1790, made the legal

basis of the government of the Southwest Territory,[19] which became

the State of Tennessee in 1796. These laws constitute the beginnings of

the slave code of Tennessee. The common law status of the negro was,

in this introductory period, gradually changed to a statutory basis.

This development took, primarily, the form of granting privileges to,

and placing restrictions upon, the negro. There were three political

organizations that participated in this development: North Carolina, the

State of Franklin, and the Southwest Territory.

I. THE STATUS OF THE NEGRO IN NORTH CAROLINA FROM 1693-1790

A. PRIVILEGES—

1. _Hunting_: Slaves were permitted to hunt on their masters’

plantations, but, by the Act of 1729, were prohibited from hunting

elsewhere unless they were accompanied by a white man.[20] If the slaves

violated this restriction, the master paid a fine of twenty shillings to

the owner of the land on which the slaves were hunting. Slaves were not

permitted to be armed in any way, or hunt anywhere, unless they held a

certificate from their master, granting this privilege. Any citizen could

seize an armed slave and deliver him to a constable whose duty it was

to administer twenty lashes on the slave’s naked back. The master was

charged a fee on recovering such a slave.[21]

The master was permitted to send a slave on business missions, or to

designate one slave to hunt on his plantation, to care for his stock, or

to kill game for his family; but this could only be done by the master’s

securing, from the Chairman of the County Court, a permit which specified

the slave that was granted such privileges. This was an ineffectual

regulation, and in 1753, the master was required to give bond to the

County Court, with good security, to guarantee the county against damages

that might be done by a slave enjoying any special privileges.[22] Such

permission was granted only during the time of cultivation or harvesting

of crops.

This act empowered the justices of the county courts to district their

counties and appoint three freeholders as searchers in each district,

who, under a very strict oath,[23] were to disarm the slaves of their

district. These persons were exempted from services as constables,

jurors, on the roads, and in the militia, and from the payment of county

and parish taxes.[24] This legislation laid the foundation for the patrol

system of North Carolina and Tennessee.

Slaves were especially prohibited from killing wild deer, either on

their own initiative or by command of their masters or overseers.[25]

For violation of this inhibition, they suffered punishment in the first

instance, and their masters or overseers in the second. This prohibition

was constantly strengthened by later legislation.[26] These restrictions

were intended to prevent damages to crops, and to limit the opportunities

of the slaves to run away and organize insurrections. By these acts,

masters were made very largely responsible for the peace and welfare of

the community.

2. _Travel_: The slave was permitted to travel, in the daytime, “the

most usual and accustomed road”; but he subjected himself to a whipping,

not exceeding forty lashes, if he violated this restriction.[27] He was

not permitted to travel at night or visit the quarters of other slaves.

He was subject to forty lashes, and the visited slave twenty lashes,

for violation of this regulation. Masters, however, were not prohibited

from sending their slaves on business missions with written permits. In

1741, an exception to the above regulation was made for negroes wearing

liveries.[28]

3. _Possession of Property_: Slaves at first were permitted, not by

law but by custom, to own horses, hogs, cattle, sheep, poultry and

to cultivate small areas for their own use. They frequently acquired

sufficient property to buy themselves. They were protected from

professional traders by law.[29] It soon developed, however, that this

privilege increased their disposition to steal, and multiplied their

opportunities of contact with outsiders. The accessibility of plantations

by means of creeks, bays, and rivers stimulated illicit trade. This

situation finally caused them to be prohibited by law from owning

property.[30]

4. _Protection_: The Locke Constitution of 1669 for the Carolinas stated

that “Every freeman of Carolina shall have absolute power and authority

over his slaves, of what opinion or religion soever.”[31] This was done

to counteract the theory that a Christian could not be a slave. This

established the government of the master over the slave. The master

became the agent of the government in the control of his slaves, and it

became the government’s duty to see that its agents dealt humanely with

the slaves. The governors of North Carolina tried in vain to secure the

passage of laws that would offer the proper protection to slaves.[32]

In 1754, Governor Dobbs made an unsuccessful effort to accomplish this

result.[33] In 1773, William Hooper secured the passage of a bill to

prevent the wilful and malicious killing of slaves, but the Governor

vetoed it because “it was inconsistent with His Majesty’s instruction to

pass it, as it does not reserve the fines imposed by it pursuant to their

instruction.”[34] In 1774 it was made a criminal offense to be guilty of

willingly and maliciously killing a slave. The penalty for first offense

was twelve months’ imprisonment, and death without benefit of clergy for

the second offense.[35]

5. _Trial of Slaves_: A special court was established for the trial of

slaves. In 1741, a court of two or more justices of the peace and four

freeholders, who were slaveholders, was empowered to try all manner

of crimes and offenses committed by slaves.[36] Negroes, mulattoes,

and Indians, bond or free, could be witnesses. The chairman of the

court always charged the witness before the examination to tell the

truth.[37] The master of the slave could appear at his trial and defend

him before the court.[38] In 1783, a single justice was constituted a

court for the trial of non-capital offenses.[39] For capital offenses,

four slaveholders remained a part of the court as provided by the Act of

1741. This difference in the mode of the trial of the two classes of

offenses is evidently due to economic influences.

Since this court was not one of the regular courts, it sat at any time

and thus prevented the master from suffering excessive loss of the

slave’s time between terms of court. This court had rather free procedure

and broad jurisdiction.[40]

6. _Witness_: The slave was permitted to be a witness in the trial of

other slaves, free negroes, and mulattoes.[41] He was not permitted to

give testimony in court in a case to which a white man was a party.[42]

His paganism was a partial basis for denying him this privilege.[43] His

moral depravity and social prejudice were, undoubtedly, the main forces

in making this restriction a universal law of slavery.

The slave was cautioned against false swearing because he generally had

little regard for his word. If he was convicted of false swearing, one

ear was nailed to the pillory for one hour and then cut off. The other

ear was treated in the same way; and to complete this inhuman punishment,

the slave was given thirty-nine lashes on his back.[44]

7. _Manumission_: Manumission was the door of escape from slavery that

was constantly open to the slave. At common law, a master could free

his slaves on the basis of any agreement that he might make with them.

The owner of a slave could dispose of him like any other piece of

property. The spirit of manumission was so promoted by the churches and

by the doctrine of natural rights of the American Revolution that the

State, in self defense, placed a limitation on the common law method of

manumission.[45] After 1777, slaves could be freed only on a basis of

meritorious service, of which the county court was the judge.[46] Slaves

freed by any other method could be resold into slavery by the court.

The “pernicious practice” of manumitting slaves at common law

continued,[47] and the county court began to resell such negroes into

slavery. The power of the court to give valid title in such sales was

doubted, and the legislature was forced by special act to guarantee the

validity of the sale of illegally liberated slaves, made by the county

courts.[48] The preamble to this measure states that “many negroes are

now going at large, to the terror of the good people of this state.”[49]

This law was weak in that the power of apprehending illegally liberated

slaves was optional in freeholders only. In 1788, the state gave any

freeman the power to inform a justice of the peace of any such slave, and

required such justice to issue to the sheriff a warrant for the arrest

of the slave.[50] This legislation indicates a growth of the manumission

movement in the face of legal restrictions, and, also, registers a

protest against the conservative forces of society.

8. _Suffrage_: It does not appear that the slave ever possessed the

right of suffrage. The free negro, however, voted throughout the period

of colonial history in North Carolina. The Declaration of Rights of

North Carolina, adopted December 17, 1776, gave the franchise to “all

freemen.”[51] The Constitution of the State, adopted the next day, gave

the franchise to “all freemen” with certain qualifications as to age,

residence, property, and taxes.[52] This constitution remained in force

until 1835, during which time the free negro voted in North Carolina.

B. RESTRICTIONS—

1. _Marriage_: The slave never acquired legal marriage. It was generally

held that the slave regarded marriage lightly, and that, therefore, the

separation of husband and wife was not a serious matter. This philosophy

was largely true, but, at the same time, it fitted into the economics of

slavery very advantageously.

It is not to be inferred from the above that the slave did not have

formal marriage. He was usually married with considerable ceremony by

either his own minister or a white clergyman. Special preparation was

generally made for the wedding, which frequently took place in the

dining-room of the master’s mansion. It may well be contended that this

religious sanction was more sacred to the slave, who was of a very

religious nature, and, therefore, more binding than a civil marriage

would have been.

Slaves were forbidden to intermarry with free negroes or mulattoes,

except by the written permission of the master, attested by two justices

of the peace.[53] Marriage of negroes, bond or free, with white persons

was prohibited.[54] The white person of such a marriage, and the minister

who performed the marriage rite, were fined fifty pounds each.[55]

2. _Social and Economic Relations_: The slave’s relations with the

outside world were carefully guarded because they might lead to runaways,

marriages, or insurrections. No free negro or mulatto was permitted

to entertain a slave in his home “during the Sabbath, or in the night

between sunset and sunrise.”[56] The penalty for violating this act was

twenty shillings for the first offense, and forty shillings for each

succeeding offense. If the offender could not pay his fine, he was forced

to work it out. A free negro or mulatto was prohibited from marrying or

cohabiting with a slave unless the master’s consent, attested by two

justices, was obtained.[57] The free negro or mulatto, and not the slave,

was fined, for violation of this act, ten pounds or one year’s service

for the master. No master of a vessel was permitted to entertain a slave

on board, who did not hold a pass from his master or a justice of the

peace.[58] Such harboring of a slave indicated either an illicit trade

relation, or an intention of stealing the slave. For violation of this

act, the master of the vessel was fined five pounds for the first, and

ten pounds for each succeeding, offense.

Traffic with slaves was a very difficult matter to control. At first, a

person trading with a slave was required to pay treble for the article

purchased, and six pounds proclamation money.[59] Finally, traffic with

slaves was permitted only on the basis of a written permission from the

master, describing the article for sale. A person convicted for violation

of this law was fined ten pounds, and the slave received not exceeding

thirty-nine lashes.[60] If such a person did not have sufficient property

to satisfy the fine, he was committed to jail. Traffic with slaves became

more difficult to regulate as the slavery system expanded.

The slave was not permitted to engage his services to anyone, nor

could the master hire him out. For violation of this regulation, the

slave might be taken in charge by a magistrate or free-holder and set

to work for the county, for the benefit of the poor, for a period

not exceeding twenty days; “any law, usage or custom to the contrary

notwithstanding.”[61]

It is noticed that these restrictions pertained primarily to the

relations of the slaves with free negroes, Indians, traders, and poor

whites, who were as a rule more or less inclined to disturb the order

of the plantation. Their association with the whites in the home and at

church was a matter of unwritten law. The domestic servants were more

intimately associated with the whites and were frequently cultured.[62]

There was very little effort on the part of the masters, in the early

stages of the development of slavery, to teach or christianize the

slaves. Many of them, however, learned to read, and joined churches, but

they were not permitted to have separate church organizations.[63]

3. _The Runaway_: The runaway was one of the most difficult problems

of slave government. The wild life of the slave in Africa, and the

hardships of frontier American slavery naturally created a disposition in

the slave to run away from his master’s plantation. Organized bands of

slave-stealers, poor whites, and free negroes constantly took advantage

of this attitude of the slave. This was one method by which the slave

could, at least temporarily, break the bonds of slavery; and he did not

always find life more severe in the camp than on the plantation.

Runaways, aside from the economic loss to the slave-owners involved,

might congregate and start an insurrection. Any outside contact made

possible conspiracies, and created a real danger to the community. It

was, therefore, a heavy fine for anyone to harbor a slave; and it was the

duty of all citizens to arrest runaways.[64] The law against the aiding

and harboring of runaways was made more severe by increasing the fine for

its violation. Finally, to promote the escape of a slave from the colony

became a felony and might involve the loss of life.[65]

This law also gave to the justices of the peace the power, by

proclamation, to outlaw any runaway who was in hiding, committing

injuries to the inhabitants of the community. It was then lawful for any

one to kill such a slave.[66] Any runaway who was caught was forced to

wear a yoke around his neck until he gave sufficient evidence of good

behavior.[67]

Sheriffs and constables were strictly charged with the safe keeping of

all runaways who were committed to their care. If they negligently or

wilfully permitted any to escape, they were liable for damages to the

master at common law with costs.[68] To encourage the police officials

to execute the law, they were exempted from the payment of all public,

county, and parish levies for their own persons. The keepers of ferries

were required to give immediate passage to officers charged with

conducting runaways.[69]

No feature of the slave code shows more progressively the attitude of the

whites toward the negro than the law on runaways. As the slaves developed

the means for evading the law, it was made increasingly rigid. White

men could be sold into temporary servitude to pay fines for persuading

the slave to run away.[70] Anyone convicted for attempting to steal

and convey a slave out of the colony was required to pay the owner

twenty-five pounds. If he could not pay this fine he was forced to serve

the master for five years.[71] The idea in these laws is not necessarily

harshness to the slave, but rather the security of the bondage of the

slave.

II. THE STATUS OF THE NEGRO IN THE STATE OF FRANKLIN FROM 1785 TO 1788

The State of Franklin[72] was included in the western part of North

Carolina, which later became the Southwest Territory and the State

of Tennessee. The independent action of its people is significant,

therefore, not only as an expression of their own position on slavery,

but also as a prophecy of the attitude of the state of Tennessee.

The constitution proposed by the Greenville Convention, November 14,

1785, established a liberal suffrage.[73] Section 4 of this constitution

states that “Every free male inhabitant in this state six months

immediately preceding the day of election, shall participate in electing

all officers chosen by the people, in the county where he resides.”[74]

The Declaration of Rights uses the terms “freeman,” “the people,”

and “every man,” synonymously. There was no property or religious

qualification for the suffrage. The slave, by emancipation, would have

voted under this constitution on the same basis as other citizens. This

constitution was finally rejected and that of North Carolina with few

changes was adopted.[75] The above proposal is interesting as a typical

frontier attitude on the suffrage question.

North Carolina never recognized the independence of the Franklin State.

There were two factions in North Carolina politics on this question.[76]

One of these, led by John Sevier, the Governor of Franklin, advocated

independence; and the other, led by John Tipton, demanded the downfall of

Franklin. The Tipton faction won, and the Franklin State came to an end

in 1788.

III. THE STATUS OF THE NEGRO IN THE SOUTHWEST TERRITORY FROM 1790 TO 1796

The western part of North Carolina continued to demand a separate

political existence, and in February, 1790, it was ceded to the National

Government by North Carolina. The Act of Cession provided that “the

laws in force and in use in the State of North Carolina at this time,

shall be and continue in full force within the territory hereby ceded

until the same shall be repealed or otherwise altered by the legislative

authority of the said territory”; and also, “that no regulations made or

to be made by congress shall tend to emancipate slaves.”[77] The cession

was accepted by Congress April 2, 1790, on the above condition;[78]

and when Congress, on May 26, 1790, organized the government for the

Southwest Territory, it mentioned the conditions laid down in the Act of

Cession.[79]

The provisions of the Act of Cession show how slavery, as it had

developed in North Carolina by 1790, was transplanted and legalized in

the territory that became Tennessee in 1796. There is no recorded protest

on the part of the people of the territory. The contract between the

National Government, North Carolina, and the Southwest Territory, shows

that the economic importance of slavery was already recognized.

The legislation of the Territory on slavery consists of one act, relating

to the negro’s participation in court procedure. Negroes, whether bond

or free, were permitted to be witnesses for and against each other, but

denied this privilege in cases to which a white man was a party. Persons

of mixed blood, descended from negroes or Indians, inclusive of the third

generation, suffered a similar restriction. No person of mixed blood to

any degree whatever, who had been held in slavery, could be a witness

against a white person within twelve months of his liberation.[80]

This preliminary study suggests the general lines along which the

institution of slavery developed in the succeeding decades. The social

and religious phases of the negro’s life were given less attention than

the economic and legal. His common law status was constantly changing to

a statutory basis. He was exchanging the status of a servant at common

law for that of a mere chattel at statute law. His place in judicial

procedure was determined. It was in this connection that racial prejudice

made its appearance. The foundation for a comprehensive patrol system

was established. The state asserted its right to limit manumission.

Free negroes had not become sufficiently numerous by 1796 to call for

the serious consideration that they later received. Consequently, there

was a relatively small amount of legislation concerning them prior to

this date. Some restrictions, however, were made on their relations with

the slave and on the process of manumission. On the whole, it may be

concluded that there had been laid a fairly secure foundation, for the

status of both the slave and the free negro, which future events only

modified.

FOOTNOTES

[1] Tennessee belonged to Virginia from 1607 to 1663, to Carolina from

1663 to 1693, and to North Carolina from 1693 to 1790. Garrett, W. R.,

and Goodpasture, A. V., History of Tennessee, p. 14.

[2] The first settlements in Tennessee were made in 1769 and 1772. Ibid.,

pp. 49-52.

[3] The settlements of western North Carolina became the State of

Franklin in 1785, the Southwest Territory in 1790, and the State of

Tennessee in 1796. Ibid., pp. 91, 105, and 127.

[4] Doyle, J. A., The English Colonies in America, I, 331.

[5] Bassett, John Spencer, Johns Hopkins University Studies, Vol. 14, p.

18.

[6] Ibid., p. 19.

[7] Doyle, I, 389.

[8] Colonial Entry Book, No. lxxxii, p. 129. (Quoted by Doyle, I, 386.)

[9] Bassett, Op. Cit., p. 20.

[10] N. C. Col. Records, II, 17.

[11] Ibid., V, 320.

[12] Ibid., VII, 5391.

[13] Hale, W. J., and Merritt, D. L., History of Tennessee, II, 292.

[14] “A bill of sale from Micajah to Andrew Jackson, Esquire, for a

negro woman named Nancy about eighteen or twenty years of age was proven

in open court by the oath of David Allison, a subscribing witness,

and ordered to be recorded.” Record of the Court of Pleas and Quarter

Sessions, Jonesboro, Tennessee, for November Term, 1788.

[15] Haywood, John, The Civil and Political History of the State of

Tennessee, 406.

[16] (He) “was a very prominent negro. He had a garden, and supplied a

great many people with vegetables. His oldest daughter married Graham, a

barber. She had a big wedding and invited all the prominent white people

in town, and they all went. He was a very respectable, upright, humble

negro. General Andrew Jackson attended the wedding, and Dr. McNairy

danced the reel with the bride.” Hale and Merritt, II, 293.

[17] Ramsey, J. G. M., The Annals of Tennessee, 648.

[18] Hale and Merritt, II, 294.

[19] Iredell, James, Laws of State of North Carolina, p. 85.

[20] Acts of G. A. of N. C., 1729, Ch. 5, Sec. 7.

[21] Acts of 1741, Ch. 24, Sec. 40.

[22] Acts of 1753, Ch. VI, Secs. 2-3.

[23] This oath read: “I, A. B., do swear that I will, as searcher

for guns, swords, and other weapons among the slaves of my district,

faithfully, and as privately as I can, discharge the trust reposed in me,

as the law directs, to the best of my power. So help me God.” Acts of

1753, Ch. VI, Sec. 4.

[24] Acts of 1753, Ch. VI, Sec. 6.

[25] Acts of 1738, Ch. X, Secs. 1-3.

[26] Acts of 1745, Ch. 3, Sec. 3; Acts of 1768, Ch. 13, Sec. 2; Acts of

1784, Ch. 33, Sec. 2.

[27] Acts of 1729, Ch. 5, Sec. 8.

[28] Acts of 1741, Ch. 24, Sec. 43.

[29] Anyone trading with slaves “without the license or consent in

writing under the head of his or her or their master or owner ... shall

forfeit treble the value of the thing bought, sold, or traded, trucked or

borrowed or lent.” Acts of 1715, Ch. 46, Sec. 10.

[30] No slave was “permitted, on any pretense whatever, to raise any

horses, cattle or hogs; and all horses, cattle and hogs that, six months

from the date thereof, shall belong to any slave, or of any slave’s work

in this government, shall be seized and sold by the church wardens of the

Parish where such horses, cattle or hogs shall be, and the profit thereof

be applied, one-half to the use of the said Parish and the other half to

the Informer.” Acts of 1741, Ch. 24, Sec. 44; see also Acts of 1779, Ch.

5, Sec. 6.

[31] Acts of 1741, Ch. 31, Sec. 2.

[32] Acts of 1741, Ch. 24, Sec. 48.

[33] Ibid., Sec. 51.

[34] Ibid., Sec. 52.

[35] Acts of 1774, Ch. 31, Sec. 2.

[36] Acts of 1741, Sec. 48, Ch. 24.

[37] Ibid., Sec. 51.

[38] Ibid., Sec. 52.

[39] Acts of 1783, Ch. 14, Sec. 2.

[40] It was directed “to take for evidence the confession of the

offender, the oath of one or more credible witnesses, or such testimony

of negroes, mulattoes or Indians, bond or free, with pregnant

circumstances as to them shall seem convincing, without solemnity of

jury; and the offender being then found guilty, to pass such judgment

upon the offender, according to their discretion, as the nature of the

offense may require; and on such judgment to award execution.” Acts of

1741, Ch. 24, Secs. 48-52.

[41] Ibid., Sec. 48.

[42] “All negroes, mulattoes, bond or free, to the third generation,

and Indian servants and slaves, shall be deemed to be taken as persons

incapable in law to be witnesses in any case whatsoever, except against

each other.” Acts of 1746, Ch. 2, Sec. 50.

[43] Bassett, Op. Cit., p. 30.

[44] Acts of 1741, Ch. 24, Sec. 50.

[45] The preamble to this act reads: “Whereas the evil and pernicious

practice of freeing slaves in this state, ought at this alarming and

critical time to be guarded against by every friend and well-wisher to

his country.” Acts of 1777, Ch. 6, Sec. 1.

[46] Acts of 1777, Ch. 6, Sec. 2.

[47] “Whereas before the passing of the said act, and since the sixteenth

day of April, One Thousand Seven Hundred and Seventy-five, divers

evil-minded persons, intending to disturb the public peace, did liberate

and set free their slaves, notwithstanding the same was expressly

contrary to the laws of this state.” Acts of 1779, Ch. 12, Sec. 1.

[48] Acts of 1779, Ch. 12, Sec. 2.

[49] Ibid., Sec. 3.

[50] Acts of 1788, Ch. 20, Sec. 1.

[51] Declaration of Rights of North Carolina, Sec. 6.

[52] Constitution of 1776 of N. C., Secs. 7, 8, and 9.

[53] Acts of 1787, Ch. 6, Sec. 3.

[54] Acts of 1741, Ch. 1, Sec. 13.

[55] Ibid., Sec. 14.

[56] Acts of 1787, Ch. 6, Sec. 2.

[57] Ibid., Sec. 3.

[58] Ibid., Ch. 1, Sec. 1.

[59] Acts of 1741, Ch. 24, Sec. 14.

[60] Acts of 1788, Ch. 7, Secs. 1-2.

[61] Acts of 1777, Ch. 6, Sec. 5.

[62] Brickell, John, Natural History of North Carolina, 272.

[63] Acts of 1715, Ch. 46, Sec. 18.

[64] Ibid., Secs. 6-8.

[65] Acts of 1741, Ch. 24, Secs. 25-33.

[66] Ibid., Sec. 43.

[67] Ibid., Sec. 46.

[68] Brickell, Op. Cit., 270.

[69] Acts of 1741, Ch. 24, Sec. 36.

[70] Ibid., Sec. 37.

[71] Ibid., Sec. 25.

[72] Earlier historians used the name Frankland (the land of the free),

but letters from officials of the state indicate that it was named after

Benjamin Franklin. See footnote p. 263, Vol. I, McMaster, John B.,

History of the United States.

[73] A copy of this constitution is now in the State Archives.

[74] Ramsey, J. G. M., Annals of Tennessee, 327.

[75] American Historical Magazine, I, 63.

[76] Phelan, James, History of Tennessee, 299.

[77] Scott, I, 437.

[78] I Stat. U. S., 106; Scott, I, 439.

[79] This act states that the territory “for the purposes of temporary

government, shall be one district, the inhabitants of which shall enjoy

all privileges, benefits, and advantages set forth in the Ordinance of

the late Congress for the government of the Territory of the United

States northwest of the River Ohio, and that the government of the

said Territory shall be similar to that which is now exercised in the

Territory northwest of the Ohio; except so far as it is otherwise

provided in the conditions expressed in an Act of Congress of the present

session, entitled, ‘An Act to Accept a Cession of Western Territory.’”

Hurd, John Cadman, Law of Freedom and Bondage, II, 90.

[80] Acts of the Southwest Territory for 1794, Ch. I, Sec. 32. See also

Scott, I, 471; and Meigs and Cooper’s Code of 1858, Secs. 3808-3809.

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