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diff --git a/old/67473-0.txt b/old/67473-0.txt deleted file mode 100644 index 7a58932..0000000 --- a/old/67473-0.txt +++ /dev/null @@ -1,9313 +0,0 @@ -The Project Gutenberg eBook of The Negro in Tennessee, 1790-1865, by -Caleb Perry Patterson - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The Negro in Tennessee, 1790-1865 - University of Texas Bulletin, No. 2205: February 1, 1922. - -Author: Caleb Perry Patterson - -Release Date: February 22, 2022 [eBook #67473] - -Language: English - -Produced by: Charlene Taylor and the Online Distributed Proofreading - Team at https://www.pgdp.net (This file was produced from - images generously made available by The Internet - Archive/American Libraries.) - -*** START OF THE PROJECT GUTENBERG EBOOK THE NEGRO IN TENNESSEE, -1790-1865 *** - - - - - - -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. - - - - -CHAPTER II - -THE LEGAL STATUS OF THE SLAVE IN TENNESSEE - - -Tennessee inherited from North Carolina a liberal policy toward the -slave, a policy which was fittingly expressed by Chief Justice Taylor in -the following words: - - It would be a subject of regret to every thinking person, if - courts of Justice were restrained, by any austere rule of - judicature, from keeping pace with the march of benignant - policy and provident humanity, which for many years has - characterized every legislative act relative to the protection - of slaves, and which Christianity, by the mild diffusion of its - light and influence, has contributed to promote.[1] - -It will be seen throughout the study of the slave code that the slave -in Tennessee enjoyed a privileged status, that he was more than a mere -chattel, and that his disabilities, characteristic of slavery in many of -the states, were considerably modified. - - -I. THE PRIVILEGES OF SLAVES— - - -A. _Hunting._ - -At the request of the master, the county courts permitted one slave on -each plantation to hunt with a gun during the cultivation or harvesting -of crops. They issued to such a slave a certificate, describing him and -granting this privilege, and requested him, when he hunted, to carry it -with him to prevent his arrest for being unlawfully armed. The master -was financially responsible for any damage done by such a slave.[2] The -courts more fully granted authority to the slaves to hunt with dogs, and -were limited in such matters only by the degree of responsibility that -the master would assume. Slaves were whipped not exceeding thirty lashes -if they were caught hunting unlawfully.[3] The slave was not allowed to -hunt at night by fire-light with a gun. If he was duly convicted, before -a justice of the peace, of violating this restriction, his owner was -fined fifteen dollars.[4] - - -B. _Travel._ - -The travel of slaves in their immediate community was regulated by a -system of passes issued by the masters or their representatives. No -slave, except a domestic servant, was supposed to leave his master’s -premises without a pass, explaining the cause of his absence.[5] No stage -driver, captain of a steamboat, or railroad conductor could receive a -slave passenger for an extended journey unless he produced a pass from a -county clerk, giving instructions for such a journey and a description of -the slave.[6] One could be imprisoned six months and fined five hundred -dollars for violating this regulation, unless he could prove that the -transportation of the slave took place without his knowledge. The slave -in such instances, if he was discovered, was arrested, placed in the -nearest jail, and advertised as a runaway.[7] - - -C. _Suits for Freedom._ - -1. _Of the Action._ The proper action at law to be taken by a slave in -a suit for his freedom was trespass, false imprisonment, or assault and -battery.[8] Judge Catron, in the case of Harris v. Clarissa, held that -a female and her children, being held in slavery, could institute joint -action to establish their freedom.[9] The defendant would in such suits -claim that the plaintiff was his slave. In such cases, the slave did not -sue the master, the court merely tried the fact, whether the plaintiff -was a slave.[10] - -2. _Of the Evidence._ In a suit for freedom, the _onus probandi rested -upon the plaintiff_. What evidence was admitted? How could a slave prove -that he was free if there were no court records to show that the State -had assented to his freedom? How could he prove that he was descended -from free parents and that he was being held in false imprisonment? -Judge Crabb, in the case of Vaughan v. Phebe, answered these questions -by saying that “He may, perhaps, procure testimony that he, or some -ancestor, was for some time in the enjoyment of freedom; that he has -acted as a freeman; that he has been received as a freeman into society; -and very soon will find himself under the necessity of increasing in -proportion to the distance he has to travel into time past, for want of -other evidence, to use hearsay; that he, or his ancestor was commonly -called a freeman, or commonly reputed a freeman, or, in other words, -evidence of common reputation.” - -The courts of Tennessee in their consideration of suits by slaves -for their freedom gave unmistakable evidence that they realized the -seriousness of adding another negro voter to the body politic. Free -negroes voted in Tennessee until 1834.[11] This made the matter of -manumitting a slave have far reaching consequences. Judge Crabb, in -Vaughan v. Phebe, pointed out very forcibly the results to the slave and -society that attended the freeing of a slave.[12] - -3. _Of the Damages._ A negro held in slavery beyond the agreed time of -emancipation could maintain an action of trespass for his wages, after he -had established his freedom. He could recover wages for the time the suit -for freedom was pending and also the cost of the suit.[13] - -4. _Of the Judgment._ The judgment in favor of the freedom of a maternal -ancestor of a plaintiff was received by the Tennessee courts as evidence -in a suit for freedom to show the basis of the right claimed. Judge -Crabb, in admitting the records of a previous trial as evidence, said: -“We consider the solemn verdict of a jury, with proofs produced to them -many years ago, and with the judgment of the court upon it, fully as good -evidence, to say the least of it, of what was considered the truth in -those days.”[14] - -It sometimes happened that defendants in suits for freedom would send the -plaintiff out of the jurisdiction of the court in which the suit had been -instituted. To prevent this, an act was passed, requiring defendant to -give security that the plaintiff would not be removed from the limits of -the county.[15] “The powers of a court of chancery were more than those -of a court of law,” said Judge Green in the case of Sylvia and Phillis v. -Covey, holding that a suit for freedom in chancery could be maintained -regardless of the change of venue.[16] - - -D. _Trial of Slaves._ - -The most ordinary court for the trial of slaves was composed of justices -and freeholders, who were slaveholders.[17] Their crimes were usually -separated into corporal and capital, and a single justice was generally -permitted to try the misdemeanors.[18] - -The first effort at legislation in Tennessee on the trial of slaves was -an attempt in 1799 to establish trial by jury of twelve freeholders, -unrelated to the owner of the slave by either affinity or consanguinity. -Free legal counsel for slaves whose masters were unknown or outside of -the state was proposed. This measure passed the House of Representatives, -but was defeated by the Senate on the third reading.[19] This failure -only delayed the accomplishment of the object of this bill. - -Three justices and nine freeholders, who were slaveholders, were -in 1815 empowered to try slaves for all offences.[20] In 1819, the -freeholders were increased to twelve.[21] By 1825, the jury might -contain non-slaveholders, if twelve slaveholders could not be secured. -Their verdict, however, was invalid, if it could be shown that the -non-slaveholders divided the jury.[22] The owner by this act had the -right of appeal to the circuit court in case of conviction, by giving -bond in the sum of twice the value of the slave for his appearance at -the next term of court. In 1831, right of appeal was limited to capital -cases.[23] - -By act of 1835, the trial of slaves was completely reconstructed. -Special courts for the trial of slaves were abolished. Right of appeal -from justice’s court was established in all cases. The circuit court -was given exclusive original jurisdiction of all offences punishable by -death. No slave was to be tried by a jury until an indictment had been -found against him by a grand jury in the regular way. The State provided -counsel for the slave if the master did not. Section 11 of this measure -reads: “All persons who would be competent jurors to serve on the trial -of a free person, shall be competent jurors on the trial of any slave or -slaves.”[24] By this piece of humanitarian legislation, Tennessee became -one of the five slave states which granted the slave trial by jury.[25] - -By this act, the attorney employed by the State for the slave could sue -the master for his fee. This provision was repealed in 1838, and the -county became liable for the cost of the suit, unless the prosecution -appeared frivolous or malicious, in which case the prosecutor paid the -cost of trial.[26] - -Toward the close of the second quarter of the nineteenth century, there -were some changes made in the legal procedure adopted in 1835. The right -of appeal in all cases from the justice’s court was restored to the -master by an act of 1848.[27] The state in 1858 reverted to a former -method of indictment of the slave.[28] Five creditable persons could file -an accusation of insurrection or conspiracy to kill against a slave, and -the judge of the circuit court could empower the jury to try the slave -without waiting for a regular term of the court. These changes in the -slave’s legal status were the delayed response of legal institutions to -the movements in politics, economics, and religion in vogue in the early -thirties.[29] - - -II. DISABILITIES OF SLAVES— - -A. _To make a Contract._ The slave could not make a legal contract except -for his freedom or with his master’s consent. The slave in such contracts -was regarded as the agent of the master.[30] The courts, however, would -enforce a contract made by a slave with his masters for his freedom. In -the case of Porter v. Blackmore, the supreme court of the state held that -such a contract established a vested right to freedom, and that “no one -but the State can take advantage of it, not even the owner or master, -after the right is once vested. A court of chancery, if the right is once -vested, will interpose to prevent its defeat.”[31] - -B. _To Take Property by Devise, Descent, or Purchase._ The slave was -regarded as personal property in Tennessee and what he owned belonged to -the master.[32] He could not receive property by inheritance or donation, -nor buy, sell, or dispose of anything, unless his master consented.[33] -Washington Turner, a free negro, died in 1853, leaving his estate to his -wife and children. The children were the issue of a slave mother. Judge -McKinney, in a case involving the will of Turner, said: “It is clear that -the children of the testator being slaves, with no rights of freedom, -present or prospective, are incapable in law of taking any benefit under -the will.”[34] A slave while in a state of inchoate freedom could lay -claim to either personal or real property.[35] Judge Catron maintained -that it was inconsistent with the liberal slave code of the State not -to consider a slave’s rights to property in connection with a claim to -freedom.[36] - -C. _To Be a Witness._ The slave never acquired the right of being a -witness against a white man.[37] The denial of this right was based -on the slave’s light regard for his word, his ignorance, and racial -prejudice. His paganism was also a factor.[38] - -The slave gradually acquired a stronger position in cases in which the -white man was not a party. By 1784, he could be a witness in cases where -other slaves were being tried.[39] By 1813, he could testify against -free persons of color born in slavery.[40] By 1839, his testimony was -permitted in cases where persons of mixed blood were tried.[41] This -increased capacity of the slave as a witness resulted from efforts to -restrict his relations with free negroes and mulattoes. Illicit trade -relations were difficult to prevent, especially in liquors. - -D. _To Be a Party in a Suit._ There were only two instances in which a -slave could be a party to a suit. He could sue for his freedom and for -property interests which a grant of freedom involved.[42] In Stephenson -v. Harrison, Judge Caruthers held that “No other suit but for freedom, in -which may be embraced claim to property, can be brought by slaves, while -they are such, except where rights may be endangered, which are connected -with a certain grant of freedom to take effect in the future. And this -being that kind of case, the slaves have a standing in court.”[43] It is -observed that in such cases the court for the time being, regarded the -slave as being in a state of inchoate freedom. - -There was no reason why the slave needed to be a party to a suit. He -owned nothing. He could not recover anything. He could be whipped for -anything that he did. The master did not want to kill him. If he did not -want him, he could sell him. Under such circumstances, it would have -been a mere mockery for the slave to be a party to a suit. - -E. _To Contract Matrimony._ There was no process of law involved in the -marriage of slaves with each other or their separation. Their marriage -with mulattoes or with free negroes was a matter of statutory regulation. -In the case of Andrews v. Page, it was held that “Slaves were not married -to each other without the consent of their owners, as a general rule. By -the act of 1787, Ch. 6, Sec. 3, a free negro or mulatto was prohibited -from intermarrying with a slave, without the consent of his or her -master, had in writing.”[44] When the master for his slave agreed to a -marriage with a free negro or mulatto, it was regarded by the courts as a -contract.[45] - -If a free negro woman was married to a slave, their children were free. -The issue of a free woman of color followed the condition of their -mother, and were born free. This principle was carried so far that when -a female slave was to be emancipated by the concession of the master and -assent of the State, but was to be held subject to service for a definite -time, and a child was born to her after such emancipation but during such -subjection to service, it was held that the child was freeborn. - -While it cannot be said that the marriage relation between slaves was a -contractual one at law, it had the sanction of an unwritten law that the -state respected. In the case of Andrews v. Page, the court held that it -was - - “established beyond controversy that there were circumstances - under which the courts of this State recognized the relation - of husband and wife and the ties of consanguinity, as existing - among slaves, as well as among free persons, and free persons - of color; and we hold that a marriage between slaves, with the - consent of their owners, whether contracted in common law form - or celebrated under the statute, always was a valid marriage - in this state, and that the issue of such marriages were not - illegitimate.”[46] - - -III. RELATION OF THE MASTER AND SOCIETY— - - -A. _Liabilities of the Master to Society._ - - -1. _For His Own Acts._ - -The master was responsible to society for the treatment of his slaves. -He was required to feed, clothe, and house them.[47] It was his duty -to furnish them competent medical aid.[48] If an employer of a slave -was unable to pay for medical attention, the master was liable. He -was expected to superintend the trials of his slaves to see that -they received justice. In capital cases, he was allowed thirty-five -challenges.[49] He could give bail for their appearance at court and -prosecute writs of error for them.[50] - -There is considerable evidence that the slaves of Tennessee were rather -well treated. Rev. William Dickey, writing from Bloomingburgh, Ohio, July -23, 1845, stated that the negroes were clean, well-fed, and clothed and -that considerable attention was given their minds.[51] Judge Catron, -in the case of Loftin v. Espy, refused to let a family of slaves be -separated to satisfy a debt against an estate, and, in rendering the -decree, he said: - - The servants and slaves constitute a part of the family, - entitled to, and receiving, if they be worthy, the affections - of the master to a great extent; this disposition towards this - unfortunate class of people it is the policy of the country to - promote and encourage; without it, good conduct on the part - of the slave, and benevolent and humane treatment on the part - of the master is not to be expected.... Nothing can be more - abhorrent to these poor people, or to the feelings of every - benevolent individual, than to see a large family of slaves - sold at sheriff’s sale; the infant children, father, and mother - to different bidders.[52] - - -2. _For the Acts of His Slaves._ - -a. _For Contracts Made by the Slave._ The law of principal and agent, -as adopted by the common law, did not apply to master and slave in all -instances, but in the ordinary domestic relations it was generally held -that the master could do business through the agency of his slaves and -that he was bound by their acts in such cases. The rule separating the -two types of cases seems to have been that, where skill and mentality -were requisite for the performance of the task, the law would not imply a -contract on the part of the master.[53] - -b. _For Negligence of the Slave Resulting in Injury to Others._ The -master was not liable for the negligence of his slaves in the performance -of unauthorized acts, but was responsible for the faithful performance -of their duties when they were acting as tradesmen or carriers under his -authority. - -c. _For Torts and Crimes Committed by Slaves._ The master was responsible -for damage done by slaves carrying guns with his permission.[54] He -was subject to indictment and fine at the discretion of the court for -permitting a slave to practice medicine or heal the sick.[55] He was -liable for at least a fifty-dollar fine for permitting his slave to sell -spiritous liquors.[56] He was held responsible for the slave’s acts even -if a state of inchoate freedom existed. “The master,” said Judge Green, -“by failing to petition the county court and give bond according to law, -remains liable to all the penalties of the law as though he had never -consented to his freedom. In view of the law, the negro is not a freeman -until the State, through the proper tribunal, consents to his freedom. - -“Until that is done the master may be indicted for permitting him to act -as a freeman, and is liable to all the other consequences that would have -existed if he had not consented to the defendant’s freedom.”[57] - - -B. _Liabilities of Society to the Master for Abusing His Slave._ - -1. _For Beating or Harboring Him._ It was a criminal offense for anyone -to abuse wantonly the slave of another. Any such person was subject to -indictment in the circuit court, under the same rules and subject to -the same penalties as if the offense had been committed against a white -person.[58] Enticing a slave to absent himself from his owner subjected -one to a forfeiture of fifty dollars to be recovered as an action of debt -by the owner of the slave. It was a fine of one hundred pounds to harbor -a slave and cause a loss of service to the master.[59] If a master of a -vessel entertained on board a slave without a permit from the owner or a -justice of the Peace, he was liable to a fine of $12.50 for the first -offense, and $25 for each succeeding offense.[60] It was finally made -a penitentiary offense to harbor a slave with intent to steal him or -carry him beyond the borders of the state.[61] Also, one was subject to -imprisonment for a term of not less than three nor more than ten years -for deliberately harboring a runaway.[62] - -2. _For Maiming or Killing Him._ Any person, wilfully or maliciously -killing a slave, was guilty of murder and suffered death without benefit -of clergy. If the slave did not belong to the offender, “his goods, -chattels, lands and tenements” could be sold to pay for the slave.[63] -Killing a slave without malice was manslaughter. In the case of Fields v. -The State of Tennessee, the court said, “that law which says thou shalt -not kill, protects the slave; and he is within its very letter. Law, -reason, Christianity and common humanity all point out one way.”[64] No -individual had the right to become the avenger of the violated law.[65] - -3. _For Trading with Him._ No one was permitted to trade with a slave -unless he had a permit. The slave was permitted to sell articles of -his own manufacture without a permit. Any one who violated this act -was subject to a fine of not less than five nor more than ten dollars -to be recovered before any justice of the peace of the county in which -the offense was committed. One-half of the fine was paid to the master -of the slave.[66] If the offender was a free person of color born in -slavery, the slave could be a witness in the case.[67] - -4. _For Using Improper Language Before Him or Permitting Him to -Visit Your Home._ To inflame the mind of any slave or incite him to -insurrection by using improper language in his presence subjected one, -on conviction, to a fine of ten dollars to be recovered as an action of -debt before any court having jurisdiction. The fine was equally divided -between the county and the person instituting suit.[68] It was equally a -violation of the law to permit slaves to assemble at one’s residence or -negro houses.[69] - - -IV. THE PATROL SYSTEM— - -A. _Searchers._ By act of 1753, searchers were appointed by the county -courts to visit slave quarters four times a year in search of guns.[70] -Only reliable persons could be searchers. By 1779, they were required to -search for guns once a month.[71] These officers were the beginning of -the patrol system in Tennessee. - -B. _Patrols._ In 1806, the searchers were converted into patrols and a -very elaborate system of police was devised. Captains of militia were -empowered to appoint patrols for the counties, determine their number -and the frequency of their ridings.[72] Commissioners of the towns were -directed to appoint patrols for the towns, whether incorporated or -unincorporated.[73] In 1817, justices of the peace were given the power -to suggest the appointment of patrols to captains of militia in their -districts.[74] In 1831, they were empowered to appoint patrols for their -district in case captains of militia neglected to do so.[75] In 1856, -masters, mistresses, and overseers were made patrols over their own -premises.[76] - -Patrols were paid from the county treasury. A tax was levied on the -taxable slaves for this purpose.[77] The patrol swore to his account -before a justice of the peace, who carried the account to the county -court, which decided how much the patrolman should receive.[78] By act of -1856, patrols were allowed $1.00 per night or day for their services.[79] -If the masters or mistresses served as patrols, they received nothing for -their services.[80] - -Patrol service was obligatory upon all citizens. Anyone refusing to serve -as a patrol was fined $5.00 for each refusal.[81] A person serving as a -patrolman for three months was exempted from musters, road-working, and -jury service for twelve months.[82] They were paid $5.00 for every slave -they returned to his master. - -The powers and duties of patrols were rather extensive. Once each month, -they were to search for guns and other weapons and turn such as they -found over to the county court or return the same to the owner.[83] -They searched all suspected places for slaves without permission of the -owners. They could punish, with fifteen stripes on the bare back, any -negro, bond or free, that they found away from home, without a pass from -his master.[84] - -The patrols sometimes abused their powers. In 1859, the supreme court -held that - - “It is of great importance to society that these police - regulations connected with the institution of slavery, should - be firmly maintained; the well-being and safety of both master - and slave demand it. The institution and support of the night - watch and patrol on some plan are indispensable to good order, - and the subordination of slaves, and the best interest of their - owners. But the authority conferred for these important objects - must not be abused by those upon whom it is conferred, as it - sometimes is by reckless persons. If they exceed the bounds of - moderation in the injury inflicted and transcend the limits - prescribed by law for the office of patrol, if it be found that - they were not entitled to that justification, then they will be - liable under a verdict to that effect.”[85] - -Proper pass regulations were an important feature of the patrol system. -This is shown in the case of Jones v. Allen. A slave attended a -corn-shucking without a pass. In the course of the festivities the slave -was killed. The master of the slave brought suit for damages equal to the -value of the slave against the man who gave the husking. The lower court -gave damages to the master on the ground that the slave should not have -been permitted to remain at the husking without a pass. The supreme court -reversed the case, holding that it was customary for slaves to attend -such gatherings without passes if a white man was superintending them.[86] - -C. _Sheriffs and Constables._ It was the business of sheriffs and -constables to apprehend runaway slaves, place them in jail, and advertise -them that they might be returned to their owners. They assisted in the -enforcement of the powers of the patrols, who were really a part of -the police system of the state. The patrol system was supposed to be -maintained by the taxation of slaves, but since it involved also the -general system of police of the state, it was to some extent a burden -upon the general public. - -Slavery created a real problem of government. “For reasons of policy -and necessity,” said Judge McKinney in 1858, “it has been found -indispensable, in every slaveholding community, to provide various police -and patrol regulations, giving to white persons, other than the owner, -the right, and making it the duty, under certain circumstances, to -exercise a control over other slaves. The safety of the community, the -protection of the person and property of individuals, and the safety of -the owner’s property in his slaves, alike demand the enactment of such -laws.”[87] - -The constant fear of insurrections, the ever-present runaway, and the -carelessness of masters in granting passes were the main reasons why -society maintained such a rigid system of control. Of course, the -interests of the owners of slaves were conserved by such a system. - - -V. SPECIAL PROBLEMS OF SLAVE GOVERNMENT— - - -A. _The Runaway._ - -The runaway was a great source of worry and expense to the master and -somewhat of a terror to the community. The police system of slavery was -never able to prevent runaways. If a runaway were caught outside the -limits of a corporation, he was taken before a justice of the peace and -asked for his master’s name. If he refused to give this information, he -was placed in jail and advertised by a placard on the courthouse door -and in the newspapers.[88] If the slave was not claimed within twelve -months, the sheriff of the county, on thirty days’ notice, sold him at -the courthouse to the highest bidder, the net proceeds of the sale going -to the county. The county court gave title of the slave to the purchaser. - -The county jailer, with the consent of the county court or two of the -justices of the peace, could hire out a runaway to either a private -individual or an incorporated town.[89] To release the county from -obligation, he placed around the negro’s neck a collar, on which was -stamped “P. G.”[90] The wages of the slave went into the county treasury -to be disposed of by the county court. - -If an incorporated town or city hired the runaway, it gave bond to the -sheriff of the county for double the value of the slave. This was the -bond of the corporation to the State of Tennessee for the safekeeping, -good treatment, and delivery of the slave to the owner or jailer at -the completion of the contract. The wages of the slave went to the -county.[91] The corporation made a very careful description of the slave -to use in case of escape. - -A runaway arrested in an incorporated city was taken by a patrolman -or policeman to the police-station. He was released to his owner on -payment of one dollar. If he was not called for, he was hired to the city -authorities, advertised and sold at public auction to the highest bidder. -The proceeds of the sale went to the city and the city authorities made a -deed of sale to the purchaser. - -After 1819, the runaway could no longer be outlawed and killed by anyone -who had the opportunity.[92] By act of 1825, a runaway was advertised -one year before he was sold at public auction. If the owner, within two -years from the date of sale, proved that the slave was his, he could -recover the net proceeds of the sale or the slave himself by paying the -purchaser the amount paid for the slave.[93] Any one who arrested a -runaway and delivered him to the owner or jailer, was entitled to the sum -of five dollars for his services.[94] After 1831, it was not required -by law to make a proclamation concerning a runaway at church “on the -Lord’s day.”[95] By act of 1844, sheriffs were given authority to hire -out a runaway in their custody to municipal authorities, who, however, -were required to execute bond twice the value of the slave for proper -treatment of him.[96] It seems that sheriffs, constables, and patrolmen -abused the power given them by act of 1831, relative to the arrest of -runaways for which they received five dollars. Masters were subject to -useless fees for the arrest of slaves who were not runaways. In 1852, -the arrest and confinement of slaves in county jails in the towns and -vicinities of their masters was forbidden.[97] - - -B. _Importation of Slaves._ - -North Carolina, by act of 1786, placed a duty of fifty shillings on -slaves under seven years of age and over forty; five pounds between the -ages of seven and twelve, and thirty and forty; and ten pounds on ages -between twelve and thirty.[98] This regulation became ineffective when -North Carolina ratified the constitution in 1790. The importation of -slaves into Tennessee as merchandise was prohibited in 1812.[99] This -act did not prohibit people from moving to the state with their slaves, -nor did it prevent citizens from bringing into the state slaves which -they had acquired by descent, devise, marriage, or purchase. Persons, -moving into the state with their slaves, were required within twenty days -to take oath before a justice of the peace that they were not violating -the spirit of the law.[100] Such persons were required to deliver to a -justice of the peace an inventory of their slaves, giving their number, -age and description. This inventory was filed in the office of the county -court clerk. The slaves of any one violating this act were seized and -sold to the highest bidder at public auction.[101] By act of 1815, such -slaves were advertised twenty days before date of sale.[102] - -The permanent law of importation was the act of 1826. It retained the -features of the above acts and in addition forbade the importation into -the state for any purpose convict slaves from territories or states -whose laws transmuted the crimes of such slaves upon their removal.[103] -Any one violating this act was ordered before a justice of the peace, -who might require him to give bond with two good securities for his -appearance with the slaves at the next term of the circuit court. If he -were convicted of violating this act, his slaves were sold at public -auction to the highest bidder.[104] It is to be noticed, however, that a -professional slave-dealer could afford to lose a few slaves occasionally, -because he paid only the transportation for convict slaves and received -from five hundred to eight hundred dollars for each slave that he -successfully smuggled through. - -There was no change in the laws of importation until 1855. The act passed -in that year permitted the importation of slaves other than convicts as -articles of merchandise, and thus replaced the acts of 1815 and 1826 in -this respect.[105] This indicates a revolution on this subject. West -Tennessee, the black belt part of the state, began to be settled in -1819 and was being put into cultivation in the second quarter of the -nineteenth century. The abolition forces in the state were defeated in -the constitutional convention of 1834.[106] The demand for slaves had -increased as is shown by the increase in price from $584 in 1836 to -$854.65 in 1859.[107] The old Whig areas had become Democratic by the -early fifties, and Middle and West Tennessee were pro-slavery. The press -and the churches had become more favorable in their attitude toward -slavery. - - -C. _The Stealing of Slaves._ - -Slaves were constantly stolen by individuals and organizations of -professional slave thieves. This was one of the most difficult problems -of slave government, and demanded very rigid laws for its regulation. By -act of 1799, a person stealing a slave, a free negro, or mulatto, for -his own use or to sell was guilty of a felony and suffered death without -benefit of clergy.[108] The penalty for this offence in 1835 was reduced -to not less than three nor more than ten years in the penitentiary.[109] -The penalty was the same for harboring a slave with intent to steal him, -or for persuading a slave to leave his master.[110] - -The following advertisement from a religious magazine shows how society -was aroused at times on the stealing of slaves and how it proposed to -recover them: - - A more heart-rending act of villainy has rarely been committed - than the following: on Monday, the 30th of May last, three - children, viz., Elizabeth, ten years of age, Martha, eight, - and a small boy, name forgotten, all bright mulattoes, were - violently taken from the arms of their mother, Elizabeth Price, - a free woman of color, living in Fayette County, Tennessee. - Strong suspicion rests upon two men, gone from thence to the - state of Missouri; and it is ardently hoped that the citizens - of that state will interest themselves in the apprehension of - the robbers and the restoration of the children. A handsome - subscription has been raised in the neighborhood to reward any - person who may restore them. Editors of papers, and especially - such as are in and contiguous to the state of Missouri, are - requested to give the above an insertion.[111] - -One of the greatest organizations in the South for the stealing of -negroes had its headquarters in West Tennessee and was managed by John -A. Murrell. This organization consisted of 450 persons and operated -throughout the Mississippi Valley. This organization was in collusion -with slaves. It stole the same slaves repeatedly and sold them sometimes -to their own masters. Murrell’s last stealing was two slaves from Rev. -John Hennig, of Madison County, Tennessee. He was caught in 1835, tried, -convicted, and sentenced for the maximum term of ten years in the state -penitentiary.[112] - - -D. _Trading With Slaves._ - -The foundation for the regulation of traffic with slaves was laid by -the acts of 1741 and 1787, passed by the Colony and State of North -Carolina.[113] In 1799, all traffic with slaves was forbidden unless -they had a permit from their masters, designating time and place of the -proposed transaction.[114] It was a ten dollar fine to be convicted -of violating this regulation. If a slave forged a pass as a basis for -such a transaction, he was corporally punished at the discretion of a -justice of the peace. Trading with slaves was made a more serious matter -in 1803.[115] The pass by this act was required to specify the articles -to be traded. Any one violating it was punishable by a fine of not less -than ten nor more than fifty dollars. In 1806, it was made unlawful for -a white person, free negro, or mulatto to be found in the company of a -slave for any purpose without the consent of the owner.[116] In 1813, the -restrictions on trading with slaves were made more lenient. The fine for -trading in violation of the law was reduced to not less than five nor -more than ten dollars and slaves might trade articles of their own make -without passes from their masters.[117] - -The liquor traffic was the most difficult part of trading with slaves to -regulate. The North Carolina code left whiskey in the same category with -other articles, but in 1813 Tennessee made it punishable by a fine of not -less than five nor more than ten dollars to sell it to slaves.[118] If a -person was convicted of violating this regulation and could not pay his -fine, he went to jail until he could pay it with cost. By act of 1829, -a slave was given from three to ten lashes for having whiskey in his -possession and from five to ten for selling it to another slave.[119] -Any merchant, tavern-keeper, distiller, or any other person, who sold -whiskey to a slave without permit from his master, was guilty of a -misdemeanor, and, on being convicted, was subject to a fine of fifty -dollars.[120] - -The laws regulating this traffic became increasingly strict. By act of -1832, a dealer in order to secure a license to sell whiskey was required -to take an oath not to sell a slave unless he had a written permit from -his master.[121] Clerks in liquor houses, not considering themselves -dealers, continued to sell whiskey to slaves; so in 1846, the oath was -modified to include sales within the knowledge of the person receiving -the license.[122] In 1842, the punishment for selling whiskey to slaves -or letting a free negro be intoxicated on one’s premises was made -imprisonment for a period of not exceeding thirty days.[123] - -The policy of the state toward the liquor traffic with slaves was -forcibly expressed by Judge Caruthers in the case of Jennings v. the -State, as follows: - - Under no circumstances, not even in the presence, or by - permission in writing or otherwise, can spirits be sold or - delivered to a slave for his own use, but only for the use - of the master, and even in that case, the owner or master - must be present or send a written order, specifying that it - is for himself, and the quantity to be sent.... A general or - indefinite order, such as those exhibited in this case, is of - no avail. An order can cover only a single transaction, and - then it is exhausted.[124] - -It is noticed that this law applied to everybody and not merely to -licensed liquor dealers. - -The laws on traffic with slaves finally concluded: “Any person who sells, -loans, or delivers to any slave, except for his master or owner, and -then only in such owner or master’s presence, or upon his written order, -any liquor, gun, or weapon ... is guilty of a misdemeanor, and shall be -fined not less than fifty dollars, and imprisoned in the county jail at -the discretion of the court.”[125] Judge Caruthers, commenting on this -law, said: “This is intended to cut up the offense by the roots, and -prescribes a penalty calculated to deter those that milder punishment had -been found insufficient to restrain from the injury or destruction of -their neighbor’s property.”[126] - -Municipalities usually supplemented the laws of the state with special -regulations of their own. The Board of Commissioners of Nashville, June -7, 1805, - - Resolved, That it shall be the duty of the town sergeant to - inspect each slave he may discover trading in town, and require - of them a permit from their master or mistress, or the person - under whose care they are, specifying the commodity which they - may have for sale. And if such slave has no permit, the town - sergeant shall immediately seize on the commodity he may have - for sale, and take it with the slave before some justice of - the peace, and make oath that such slave had transgressed the - by-laws for the regulation of the town in the manner above - described. The town sergeant shall then immediately expose - to sale such commodity to the highest bidder for cash at the - market house; one-half of the amount of such sales to go to the - use of the town, and the other half to the use of the sergeant - for his services.[127] - -Traffic with slaves was very important for several reasons. The slave had -very little sense of value, in the first place. He frequently exchanged -the most valuable farm products for a pittance in order to obtain money -with which to gamble or buy whiskey. The liquor traffic still more -vitally touched the life of the plantation. An intoxicated slave was -not only incapacitated, but he was inclined to raise trouble with other -slaves. This might end in slaves being killed or an insurrection. Again, -the element of society that engaged in the liquor traffic with slaves -was usually the poor whites, free negroes, or mulattoes, who were opposed -to slavery and did not hesitate to propagate ideas of insurrection and -freedom among slaves. The best way to keep slaves happy and contented -and, consequently, efficient, was to have complete severance of relations -between them and outsiders. Finally, it is noticed that traffic with -slaves, in all its ramifications, seriously endangered property interests. - - -E. _Insurrections._ - -No one was permitted to speak disrespectfully of the owner in a slave’s -presence, or to use language of an insurrectionary nature.[128] Words in -favor of emancipation, rebellion, or conspiracy came under this head. The -penalty was a fine of $10, one-half to the county and the other to the -reporter. - -A person knowingly aiding in circulating any printed matter that fostered -discontent or insubordination among slaves or free persons of color, -was guilty of felony, and might suffer an imprisonment of ten years for -first offense and twenty for the second.[129] The same punishment was -prescribed for addresses, or sermons of an inflammatory nature. - -There were only two instances of threatened insurrection in the slave -history of Tennessee. The first one of these occurred in 1831, and was -nipped in the bud by information secured from a female slave.[130] It -resulted in a petition being sent to the legislature signed by 108 -people, asking for a better patrol system. The second was planned in -1857, and seems to have included the states of Kentucky, Tennessee, -Missouri, Arkansas, Louisiana, and Texas.[131] The scheme was discovered -in November of 1857 among the slaves employed at the Cumberland Iron -Works in Tennessee just before they were ready to execute it. One -account says, “more than sixty slaves in the Iron Works were implicated, -and nine were hung, four by the decision of the court and five by a mob.” -The Missouri Democrat of December 4 states that “For the past month, the -Journals from different Southern states have been filled with numberless -alarms respecting contemplated risings of the negro population. In -Tennessee, in Missouri, in Virginia, and in Alabama, so imminent has been -the danger that the most severe measures have been adopted to prevent -their congregating or visiting after night, to suppress their customary -attendance at neighborhood preachings and to keep a vigilant watch -upon all their movements, by an efficient patrolling system. This is -assuredly a most lamentable condition for the slave states, for nothing -causes such terror upon the plantations as the bare suspicion of these -insurrections.”[132] - - -F. _The Assembly of Slaves._ - -All slave gatherings on the master’s plantation were exclusively under -his control, as he was responsible for the results. It was considered -dangerous to society, however, for slaves to collect miscellaneously. -By act of 1803, it was made a ten-dollar fine for any one to permit the -slaves of another to congregate on his premises without passes from their -master.[133] To aid the justices of the peace in enforcing this act, -the fine was equally divided between the county and the reporter of its -violation. There was so much zeal shown in the enforcement of this act -that the fine was reduced in 1813 to not less than five nor more than ten -dollars.[134] - -The insurrections over the country in the early thirties and rumors -of an insurrection in Tennessee in 1831, combined with the abolition -propaganda, gave added significance to the meetings of slaves. It -now became necessary to punish slaves for participating in unlawful -assemblies as well as to fine those permitting them. - -The act of 1831 empowered justices of the peace, constables and patrols -to disperse such meetings and to inflict twenty-five lashes upon the -slaves engaged, if necessary. The fine for permitting unlawful assemblies -was now left to the discretion of the court.[135] The amount of -litigation likely to result from the enforcement of this measure made it -necessary to define the terms unlawful assembly.[136] - - -G. _Punishment of Slaves_— - -1. _Offenses Punishable by Stripes._ Trading without permits from their -masters or forging passes was punishable by stripes by act of 1799. The -number of stripes was left to the discretion of the justice but was -not to exceed thirty-nine.[137] In 1806, riots, unlawful assemblies, -trespasses, seditious speeches, insulting language to whites, were made -offenses punishable by stripes at the discretion of the justice.[138] -By act of 1813, the slave was whipped for selling any article not made -by himself.[139] The number of stripes was not less than five, nor more -than thirty. He was punished for selling whiskey or keeping it at some -other place than his own home. This offense was punishable by not less -than three nor more than ten lashes.[140] It is interesting to notice -the leniency in the punishment for selling this particular article. -Conspiracy, which was punishable by death alone in the act 1741, might -by act of 1831 be punished by whipping, pillory, or imprisonment.[141] -Death still remained a proper punishment for this offense, but one of the -others-could be substituted at the discretion of the justice, depending -on the character and extent of the conspiracy. By act of 1844, the -runaway could be worked on the streets of an incorporated town and his -wages went to the poor.[142] - -2. _Capital Offenses._ By act of 1741, killing of horses, hogs, or -cattle without a permit from the master was punishable by death for -second offense.[143] In 1819, murder, arson, rape, burglary, and robbery -were made capital offenses and punishment in all other cases was not to -extend to life or limb.[144] By this act the suffering of death by being -outlawed as a runaway was abolished. By act of 1835, intent to commit -rape upon a white woman was punishable by hanging.[145] The burning of a -barn, a bridge, or a house with intent to kill was a capital offense.[146] - -3. _Offenses Punishable at the Discretion of the Jury._ The burning of -barns, houses, bridges, steamboats, manufacturing plants, and valuable -buildings or property of any kind were offenses for which the jury could -punish at their discretion, provided such punishment did not extend to -life or limb. All offenses of slaves for which there was not a specific -punishment fixed by law were left to the discretion of the jury.[147] The -cutting off of ears, standing in the pillory, and branding were some of -the older punishments for which whipping came to be a substitute. - - -VI. TITLE TO SLAVES— - -A. _By Deed._ There was no statutory restriction upon the sale or -transfer of slaves from one person to another.[148] Secret and fraudulent -transfers became so numerous that sales of slaves and deeds of gifts were -in 1784 required to be in writing attested by at least one creditible -witness and recorded within nine months thereafter.[149] By an act -of 1801, such transfers were no longer required to be recorded if -possession accompanied the sale or gift.[150] In the case of Davis v. -Mitchell, Judge Green charged the jury that “a deed registered is only -necessary where possession does not accompany gift or sale.”[151] A bill -of sale of slaves by a person indebted, who still retained possession of -the slaves, after the execution of the bill of sale, was void against -creditors, although a valuable consideration was received. A conveyance -of personality presupposed a transfer of possession.[152] - -B. _By Devise._ The transfer of slaves by will followed the same -procedure as real estate. A will, valid in either law or equity, had to -be in the handwriting of the deceased and signed by him or some other -person in his presence representing him and by two witnesses. Such a -devise was in fee simple unless an estate of less dignity was definitely -conveyed.[153] If the deceased left no will, the slaves became the -property of the widow for life, the widow being required to give bond -to the county that such slaves with their increase would be returned -at her death to the administrators of her deceased husband’s estate. -In absence of the wife, the slaves were equally distributed among the -children.[154] By act of 1796, half bloods were inherited equally with -full brothers and sisters. In the absence of such brothers and sisters, -the law of distribution was followed among the collateral heirs.[155] By -act of 1819, foreigners who had settled in Tennessee and had not been -naturalized inherited in the same manner as natural born citizens.[156] - -C. _By Parol Contract, and Gifts to Children in Consideration of -Marriage._ Conveyance of slaves was required to be in writing and -properly attested by witnesses. There could be no transfer of title -by parol and no deed of gift was recognized unless it was proved and -registered.[157] By act of 1805, the transfer of slaves in consideration -of marriage, to be valid against creditors, had to be acknowledged by the -grantor or proved by two credible witnesses and recorded in the county of -the grantor within nine months.[158] - -D. _By Statute of Limitation._ In Tennessee, three years of adverse -possession invested the title of a slave in the possessor by virtue of -the statute of limitation.[159] By the statute of limitation, a gift -of parol, which is absolutely void, would, after the lapse of three -years’ possession, convey title.[160] Judge Green in Davis v. Mitchell, -held that an infant might hold adverse possession of a slave, either by -himself or through a guardian, and that three years of such possession -invested the title of the slave in him.[161] Three years of uninterrupted -possession not only invested title, but the right to convey that -title.[162] - -E. _By Statute of Frauds and Fraudulent Conveyances._ All gifts, grants, -loans, alienations or conveyances made with fraudulent purposes were -valid only between the parties making them and their heirs, assigns, -and administrators, and in no way barred the action of creditors.[163] -A conveyance of goods or chattels, without a valuable consideration, -was considered fraudulent, unless it was made by a will duly proved -and recorded or a deed acknowledged and proved. By act of 1805, such -recording had to be done within nine months to be valid against creditors -or future purchasers.[164] In Tennessee the want of possession was only -prima facie evidence of fraud, and might be explained.[165] If a father -represented a slave to be his son’s delivered possession and permitted -possession to continue during the lifetime of the son, who also claimed -the slave as his own, it was a gift. The acknowledgment of the son -that the slave belonged to the father would not bar the claim of the -widow.[166] - -F. _By Prescription._ Prescription passed the title and possession of -slaves in Tennessee.[167] In the case of Andrews v. Hartsfield, Judge -Green held that a bona fide loan of slaves by a father to a married -daughter for five years subjected the slaves to sale for the debts of her -husband.[168] - - -VII. THE LAW OF INCREASE— - -A. _As to Condition of Increase._ Tennessee adopted the rule of nature, -pertaining to human creatures, in declaring that the condition of the -mother should be that of the child. Children born of a mother emancipated -at a future date received their freedom with the mother. In the case -of Harris v. Clarissa, who was to receive her freedom at the age of -twenty, Judge Catron, speaking of the condition of her children born -after the bequest of her freedom, said: “Had she been a slave forever, -their condition would have been the same, she being a slave for years, -their condition could not be worse. The child before born is a part -of the mother, and its condition the same; birth does not alter its -rights.”[169] Children born of a mother conditionally manumitted were -held to be slaves.[170] - -B. _As to the Ownership of the Increase._ Tennessee held that there was -only one title to mother and child. If a negro woman were devised to -one person for life, with the remainder to another, and during the life -estate, she gave birth to children, they belonged not to the tenant for -life, but to the remainder man.[171] The first legatee held only a -particular interest, while the second held absolute title.[172] If the -first devisee received an absolute estate, the increase went to him.[173] -The term increase was usually qualified by the word “future” in order to -restrict its application to only the issue after the bequest of freedom -to the mother.[174] - - -VIII. THE LEGAL STATUS OF THE SLAVE— - -What, then, in conclusion, was the legal status of the slave? Was he a -chattel? Or was he a responsible person? By the civil law, the slave was -a chattel; by the common law he was a person. Both of these systems of -jurisprudence were combined into a compromise that actually represented -the legal status of the slave in Tennessee. The slave was both a chattel -and a person. - -A. _As a Chattel._ The slave was personal property. He, therefore, could -neither own property, nor make a commercial contract. He had neither -civil marriage nor political rights. His movements in the community -were under the control of his master. He could not be a party to a law -suit in ordinary matters. He had no control over his time or labor. His -punishments were usually whipping. Like a chattel, he was an article of -merchandise to be sold to the highest bidder. He had no control over his -children at law, and could not be a witness against a white man. - -B. _As a Person._ The slave was emancipated and given his full rights -at law. He could be a party to a suit for his freedom and for property -that his freedom involved. He could represent his master as agent. His -marriage, while not a civil one, was held binding by the courts. The -children of a recognized marriage were not illegitimate, and took the -legal status of the mother. He could make a binding contract with his -master for his freedom. He was held responsible at law for murder. His -intellectual and moral qualities were recognized at times. He eventually -acquired the right of trial by jury. - -This compromise legal basis of slavery in Tennessee was well stated by -Judge Nelson in the case of Andrews v. Page, as follows: - - While the institution of slavery existed it was generally held - in the slaveholding states that the marriage of slaves was - utterly null and void; because of the paramount ownership in - them as property, their incapacity to make a contract, and the - incompatibility of the duties and obligations of husband and - wife with relation to slavery.... But we are not aware that - this doctrine ever was distinctly and explicitly recognized in - this state.[175] - -In another connection in the same case, Judge Nelson said: - - The numerous authorities above cited show that slaves, although - regarded as property and subject to many restrictions, never - were considered by the courts of this state as standing - on the same footing as horses, cattle, and other personal - property.[176] - -Judge McKinney, in Jones v. Allen, said: - - We are not to forget, nor are we to suppose, that it was lost - sight of by the legislature, that, under our modified system of - slavery, slaves are not mere chattels, but are regarded in the - two-fold character of persons and property; that is, as persons - they are considered by our laws as accountable moral agents, - possessed of volition and locomotion, and that certain rights - have been conferred upon them by positive law and judicial - determination, and other privileges and indulgences have been - conceded to them by the universal consent of their owners. By - uniform and universal usage, they are constituted the agents of - their owners, and are sent on their business without written - authority; and in like manner they are sent to perform those - neighborly good offices common in every community. They are not - at all times in the service of their owners, and are allowed - by universal sufferance, at night, on Sundays, holidays, and - other occasions, to go abroad, to attend church, to visit - those to whom they are related by nature, though the relation - may not be recognized by municipal law; and to exercise other - innocent enjoyments without its ever entering the mind of any - good citizen to demand written authority of them. The simple - truth is, such indulgences have been so long and so uniformly - tolerated that public sentiment upon the subject has acquired - almost the force of positive law.[177] - - -FOOTNOTES - -[1] State v. Hale, 2 Hawks, 585 (1823). - -[2] Meigs and Cooper’s Code of 1858, Secs. 2603-9. - -[3] M. & C, Secs. 2610-11. - -[4] Ibid., Secs. 2612-13. - -[5] Ibid., Sec. 2603. - -[6] Acts of 1833. Ch. 3. Sec. 1. - -[7] M. & C, Secs. 2666-68. - -[8] Stewart v. Miller, 1 Meigs, 174 (1838). - -[9] Harris v. Clarissa, 6 Yerger, 227 (1834); Blackmore v. Negro Phill, 7 -Yerger, 452 (1835). - -[10] Matilda v. Crenshaw, 4 Yerger, 299 (1833). - -[11] Vaughan v. Phebe, I Martin & Yerger, 1 (1827). - -[12] “Freedom in this country,” said Judge Crabb, “is not a mere name—a -cheat with which the few gull the many. It is something substantial. It -embraces within its comprehensive grasp, all the useful rights of man; -and it makes itself manifest by many privileges, immunities, external -public acts. It is not confined in its operation to privacy, or to -the domestic circle. It walks abroad in its operations—transfers its -possessor, even if he be black, or mulatto, or copper colored, from -the kitchen and the cotton field, to the court house and the election -ground, makes him talk of Magna Charta and the constitution; in some -states renders him a politician—brings him acquainted with the leading -citizens—busies himself in the political canvass for office—takes him -to the ballot box; and, above all, secures to him the enviable and -inestimable privilege of trial by jury. Can it be said, that there is -nothing of a public nature in a right, that thus, from its necessary -operation, places a man in many respects on an equality with the richest, -and the greatest, and the best in the land, and brings him in contact -with the whole community?” Vaughan v. Phebe, 1 Martin & Yerger, 1 (1827). - -[13] Matilda v. Crenshaw, 1 (1827). - -[14] Vaughan v. Phebe, 1 Martin & Yerger, 1 (1827). - -[15] Acts of 1817, Ch. 103, Sec. 1. - -[16] Sylvia and Phillis v. Covey, 4 Yerger, 27 (1883). - -[17] Acts of 1715, Ch. 19, Sec. 9; Acts of 1741, Ch. 24, Sec. 48. - -[18] Acts of 1783, Ch. 14, Sec. 2. - -[19] Manuscripts in State Archives. - -[20] Acts of 1815, Ch. 138, Sec. 1. - -[21] Acts of 1819, Ch. 35, Sec. 2. - -[22] Acts of 1825, Ch. 24, Sec. 1. - -[23] Acts of 1831, Ch. 103, Sec. 6. - -[24] Acts of 1835, Ch. 9, Secs. 9-11. - -[25] Kentucky, Maryland, Georgia, and Alabama were the other four. See -footnote, Wheeler, Op. Cit., 213. - -[26] Acts of 1838, Ch. 133, Sec. 1. - -[27] Acts of 1848, Ch. 50, Sec. 1. - -[28] Acts of 1858, Ch. 86, Secs. 1-2. - -[29] Infra, pp. 59-79; 102-152. - -[30] Wheeler, Op. Cit., 190. - -[31] Porter v. Blackmore, 2 Caldwell, 555 (1865); see also 5 Caldwell, -209; 3 Heiskell, 662; and 10 Lea, 663. - -[32] Judge Catron held that “what is earned by the slave belongs to -the master by the common law, the civil law, and the recognized rules -of property in the slaveholding states of this Union.” University v. -Cambreling, Yerger, 86 (1834). - -[33] Acts of 1803, Ch. 13, Sec. 4. - -[34] Turner v. Fisher, 4 Sneed, 210 (1856). - -[35] Judge Green held that “A slave is not in the condition of a horse -or an ox. His liberty is restrained, it is true, and his owner controls -his actions and claims his services. But he is made of the image of the -Creator. He has mental capacities, and an immortal principle in his -nature, that constitutes him equal to his owner but for the accidental -position in which fortune has placed him. The owner has acquired -conventional rights to him, but the laws under which he is held as a -slave have not and can not extinguish his high-born nature nor deprive -him of many rights which are inherent in man. Thus while he is a slave, -he can make a contract for his freedom, and by the same will he can take -personal or real estate.” Ford v. Ford, 7 Humphrey, 95-96 (1846). Cf. -Miller v. Miller, 5 Heiskell, 734 (1871). - -[36] Stephenson v. Harrison, 3 Head, 733 (1859). - -[37] Wheeler, Op. Cit., 194. - -[38] Supra, 16. - -[39] Acts of 1794, Ch. 1, Sec. 32. - -[40] Acts of 1813, Ch. 135, Sec. 5. - -[41] Acts of 1839, Ch. 7, Sec. 1. - -[42] Wheeler, Op. Cit., 197. - -[43] Stephenson v. Harrison, 3 Head, 733 (1859). - -[44] Andrews v. Page, 3 Heiskell, 665 (1870). - -[45] Haitsell v. George, 3 Humphrey, 255 (1842). - -[46] Andrews v. Page, 3 Heiskell, 666 (1870). - -[47] Act of 1753, Ch. 6, Sec. 10. - -[48] M. & C., Secs. 2563-64. - -[49] Acts of 1825, Ch. 24, Sec. 2. - -[50] Ibid., Secs. 3-5. - -[51] Thomas, T. Ebenezer, Anti-Slavery Correspondence, 71. The letter -reads as follows: “Has the anti-slavery cause injured the condition -of the slaves? Surely not. In my late journey through Kentucky and -Tennessee, I did not see one dirty, ragged negro. The squads of little -negroes I used to see naked as the pigs and calves with which they -gamboled in the same grove, were now clad like human beings in shirts and -pants or slips, and many of them had straw hats, such as my own little -boys put on; nor did I; see, as formerly, boys and girls waiting at the -table, in a state of stark nudity.” - -“I was happy to acknowledge that a great change had taken place since I -was conversant about Nashville, fifty-five years ago, when negroes were -naked and ignorant. I said I was pleased to see so much attention paid to -their bodies and their minds, and I wished that the people of Tennessee -might go ahead of the people in Ohio in good offices to the negro. God -speed you, dear friends, in this work.” - -[52] Loftin v. Espy, 4 Yerger, 92 (1833). - -[53] Wheeler, Op. Cit., 225; University v. Cambreling, 6 Yerger, 79 -(1834); Craig v. Leiper, 2 Yerger, 193 (1828); Pinson and Hawkins v. -Ivey, 1 Yerger, 303 (1830). - -[54] Acts of 1741, Ch. 24, Sec. 40; Acts of 1753, Ch. 6, Sec. 2. - -[55] Acts of 1831, Ch. 103, Sec. 3. - -[56] Acts of 1835, Ch. 57, Sec. 2. - -[57] James v. State, 9 Humphrey, 310 (1848). - -[58] Acts of 1813, Ch. 56, Sec. 1. - -[59] Acts of 1779, Ch. 11, Sec. 4. - -[60] Acts of 1787, Ch. 6, Sec. 1. - -[61] Acts of 1835, Ch. 58, Sec. 1. - -[62] Ibid., Ch. 65, Sec. 2. - -[63] Acts of 1799, Ch. 9, Sec. 2. - -[64] Fields v. The State of Tennessee, 1 Yerger, 156 (1829). - -[65] “If a slave commits a criminal offense while in the services of the -hirer,” said Judge McKinney, “it would be sufficient cause to discharge -him. And if the hirer desires to have him punished for such offense the -law has pointed out the mode, and he has the right to pursue it, but he -has no right to become himself the avenger of the violated law, much less -to depute another person in his stead. And for a battery committed on the -slave under such circumstances, the owner may well maintain an action -against the wrong-doer, in which the jury would be justified in giving -exemplary damages in a proper case.” James v. Carper, 4 Sneed, 404 (1857). - -[66] Acts of 1813, Ch. 135, Sec. 3. - -[67] Ibid., Sec. 5. - -[68] Acts of 1803, Ch. 13, Sec. 11. - -[69] Ibid., Sec. 3. - -[70] Acts of 1753, Ch. VI, Sec. 4. - -[71] Acts of 1779, Ch. 7, Sec. 3. - -[72] Acts of 1806, Ch. 32, Sec. 5. - -[73] Ibid., Secs. 6-7. - -[74] Acts of 1817, Ch. 184, Sec. 3. - -[75] Acts of 1831, Ch. 103, Sec. 2. - -[76] Acts of 1858, Ch. 3, Sec. 1. - -[77] Acts of 1831, Ch. 103, Sec. 10. - -[78] M. & C., Secs. 2577-2580. - -[79] Acts of 1856, Ch. 30, Secs. 1-4. - -[80] M. & C., Sec. 2576. - -[81] Acts of 1806, Ch. 32, Sec. 8. - -[82] Acts of 1831, Ch. 103, Sec. 10. - -[83] M. & C., Sec. 2575. - -[84] M. & C., Sec. 2576. - -[85] Tomlinson v. Doerall, 2 Head, 542 (1859). - -[86] Jones v. Allen, 1 Head, 627 (1858). - -[87] Jones v. Allen, 1 Head, 636 (1858). - -[88] M. & C., Secs. 2581-3. - -[89] Ibid., Sec. 2586. - -[90] P. G. was an abbreviation for public jail. - -[91] M. & C, Secs. 2596-8. - -[92] Acts of 1819, Ch. 35, Sec. 1. - -[93] Acts of 1825, Ch. 79, Secs. 1-2. - -[94] Acts of 1831, Ch. 103, Sec. 8. - -[95] Ibid., Sec. 9. - -[96] Acts of 1844, Ch. 129, Sec. 1. - -[97] Acts of 1852, Ch. 117, Sec. 2. - -[98] Acts of 1786, Ch. 5, Sec. 1. - -[99] Acts of 1812, Ch. 88, Sec. 1. - -[100] This oath reads: “I, A. B., do solemnly swear or affirm that I have -removed myself and slaves to the State of Tennessee, with the full and -sole view of becoming a citizen thereof, and that I have not brought my -slave or slaves to this state with any view to the security of the same -against any rebellion or apprehension of rebellion. So help me God.” Acts -of 1812, Ch. 88, Sec. 2. - -[101] Acts of 1812, Ch. 88, Sec. 3. - -[102] Acts of 1815, Ch. 65, Sec. 1. - -[103] Acts of 1826, Ch. 22, Sec. 2. - -[104] Acts of 1826, Ch. 22, Sec. 3. - -[105] Acts of 1855, Ch. 64, Sec. 1. - -[106] Journal of the Constitutional Convention of 1834, 87-147. - -[107] Comptroller’s Report to General Assembly, 1859-60, 17. - -[108] Acts of 1799, Ch. 11, Sec. 2. - -[109] Acts of 1835, Ch. 58, Sec. 1. - -[110] Ibid., Sec. 2. - -[111] Christian Advocate and Journal, Bolivar, July 4, 1831. - -[112] Quarterly Anti-Slavery Magazine, II, 105-6. - -[113] Supra, pp. 18-19. - -[114] Acts of 1799, Ch. 28, Sec. 1. - -[115] Acts of 1803, Ch. 13, Sec. 4. - -[116] Acts of 1806, Ch. 32, Sec. 4. - -[117] Acts of 1813, Ch. 135, Sec. 3. - -[118] Ibid., Sec. 1. - -[119] Acts of 1829, Ch. 74, Secs. 1-2. - -[120] Acts of 1829, Ch. 74, Sec. 4. - -[121] Acts of 1832, Ch. 34, Sec. 2. - -[122] Acts of 1846, Ch. 90, Sec. 3. - -[123] Acts of 1842, Ch. 141, Sec. 1. - -[124] Jennings v. the State, 3 Head, 519-520 (1859). - -[125] M. & C., Sec. 4865. - -[126] Jennings v. State, 3 Head, 522 (1859). - -[127] Tennessee Gazette and Mero District, Vol. 5, No. 22, July 3, 1805. - -[128] Acts of 1803, Ch. 13, Sec. 1. - -[129] Acts of 1836, Ch. 44, Sec. 2. - -[130] Niles Register, Vol. 41, pp. 340-1. - -[131] 24th and 25th Annual Report of American Anti-Slavery Society, -1857-58, 76-78. - -[132] 24th and 25th Annual Reports of American Anti-Slavery Society, -1857-58, p. 78. - -[133] Acts of 1803, Ch. 13, Sec. 3. - -[134] Acts of 1812, Ch. 135, Sec. 1. - -[135] Acts of 1831, Ch. 103, Sec. 1. - -[136] Unlawful assemblies was defined by the act of 1831 as being “all -assemblages of slaves in unusual numbers, or at suspicious times and -places not expressly authorized by their owners.” - -[137] Acts of 1799, Ch. 28, Sec. 1. - -[138] Acts of 1801, Ch. 32, Sec. 3. - -[139] Acts of 1813, Ch. 135, Sec. 6. - -[140] Acts of 1829, Ch. 74, Sec. 1. - -[141] Acts of 1831, Ch. 103, Sec. 4. - -[142] Acts of 1844, Ch. 129, Sec. 1. - -[143] Acts of 1741, Ch. 8, Sec. 10. - -[144] Acts of 1819, Ch. 35, Sec. 1. - -[145] Acts of 1835, Ch. 19, Sec. 10. - -[146] M. & C., Secs. 2625-28. - -[147] Acts of 1831, Ch. 103, Sec. 4. - -[148] Wheeler, Op. Cit., 41. - -[149] Acts of 1784, Ch. 10, Sec. 7. - -[150] Acts of 1801, Ch. 2, Sec. 11. - -[151] Davis v. Mitchell, 5 Yerger, 281 (1833); See also Cains and Wife v. -Marley, 2 Yerger, 582 (1831); and Battle v. Stone, 4 Yerger, 168 (1833). - -[152] Ragan v. Kennedy, I Overton, 91 (1804). - -[153] Acts of 1784, Ch. 22, Sec. 11. - -[154] Ibid., Ch. 10, Sec. 4. - -[155] Acts of 1796, Ch. 14, Sec. 1. - -[156] Acts of 1819, Ch. 36, Sec. 1. - -[157] Young v. Pate, 4 Yerger, 164 (1833). - -[158] Acts of 1805, Ch. 16, Sec. 2. - -[159] Acts of 1715, Ch. 27, Sec. 5. - -[160] Hardeson v. Hays, 4 Yerger, 507 (1833); Kegler v. Miles, 1 Martin & -Yerger, 426 (1825); Partee v. Badget, 4 Yerger, 174 (1833). - -[161] Davis v. Mitchell, 5 Yerger, 281 (1833). - -[162] Kegler v. Miles, 1 Martin & Yerger, 426 (1825). - -[163] Acts of 1801, Ch. 25, Sec. 2. - -[164] Acts of 1805, Ch. 16, Sec. 2. - -[165] Callen v. Thompson, 3 Yerger, 475 (1832). - -[166] Hooper’s Administratrix v. Hooper, 1 Overton, 187 (1801). - -[167] Acts of 1801, Ch. 25, Sec. 2. - -[168] Andrews v. Hartsfield. 3 Yerger, 39 (1832); see also Peters v. -Chores, 4 Yerger, 176 (1833). - -[169] Harris v. Clarissa, 6 Yerger, 227 (1834). - -[170] Hope v. Johnson, 2 Yerger, 123 (1826). - -[171] Preston v. McGaughery, 1 Cook, 115 (1812). - -[172] Caines and Wife v. Marley, 2 Yerger, 586 (1831). - -[173] Smith v. Bell and Wife, 1 Martin & Yerger, 302 (1827). - -[174] Wheeler, Op. Cit., 225. - -[175] Andrews v. Page, 3 Heiskell, 661 (1868). - -[176] Ibid., 662. - -[177] Andrews v. Page, 3 Heiskell, 662-3 (1868). - - - - -CHAPTER III - -ECONOMICS OF SLAVERY IN TENNESSEE - - -I. SLAVERY AN EXPRESSION OF THE SOIL. - -Someone has said, “The rocks determine our politics.” The rocks make the -soil, which in turn determines the agricultural products that a section -can produce with profit, and, hence, the labor system. Slavery nowhere in -the United States reflected physiographic features more distinctly than -in Tennessee. The three sections of the state have always differed very -largely in their agriculture, in their sympathy with various sections -of the country, and in their politics. In fact, there are almost three -peoples and three civilizations in Tennessee. Physiography has been the -biggest factor in the differentiation. The human response to the soil -is very clearly shown. The differences in the sections of the state on -the subject of slavery were due mainly to geography, since differences -in climate were not sufficiently marked to promote or create any special -attitude of mind toward slavery. - -East Tennessee remained throughout the slavery regime mainly a section -of small farmers. It was only the river valleys of the French Broad, -the Watauga, the Holston, and the Tennessee that yielded with advantage -to agriculture. These valleys were mostly of limestone formation, and -produced a loamy soil that was very fertile. - -The counties[1] in these river valleys produced considerable quantities -of wheat and corn, but very little cotton. In 1850 East Tennessee -produced one bale of cotton, ten hogsheads of tobacco, 1,813,338 bushels -of wheat, and 10,998,654 bushels of corn.[2] In 1840, the counties -containing the largest number of slaves were Knox, numbering 1934; -Hawkins, 1499; Jefferson, 1282; and McMinn, 1241. There were six -counties with slightly over one thousand each, six in the six hundred -column, and the others ranged from 150 to 450 each. In 1860 there were -four counties in East Tennessee with 2000 slaves in each. In the same -year, there were 27,560 slaves in East Tennessee.[3] - -In 1856 there were only 28 farms in East Tennessee containing one -thousand acres or more. There were 164 containing from 500 to 1000 acres, -1,173 having from 100 to 500 acres, 7,117 having 50 to 100 acres, and -6,920 containing less than fifty acres. There were only 192 farms which -contained more than 500 acres. It is seen from these figures that East -Tennessee was populated essentially by small farmers who raised wheat and -corn and live stock.[4] - -In 1840 there were 19,915 slaves in East Tennessee, valued at -$10,813,845.[5] In 1850 there were 22,187 valued at $11,248,809; and -in 1860 there were 27,560 slaves valued at $23,536,240.[6] There were -in 1856 only 4,784 slaveholders in East Tennessee. Of these, one held -between 200 and 300 slaves, 3 between 70 and 100, 4 between 50 and 70, -12 between 40 and 50, and only 718 owned more than ten slaves, and 1207 -owned only one; 719 owned two slaves. Practically half the slaveholders -of East Tennessee owned either one or two slaves. The average price of -land per acre in East Tennessee was $4.62, slightly more than half of -what it was for middle and West Tennessee.[7] The value of the slave in -1859 ranged from $563 in Johnson County, which is in the northeastern -part of the state, in the mountains, to $953 in Blount County, which is -bordered by the Tennessee River and is traversed by some of its branches. - -Middle Tennessee was more adapted to the slavery system than East -Tennessee. It contained the rich Central Basin, traversed by the -Cumberland River, and also portions of the valley of the Tennessee. -Slavery was profitable in Middle Tennessee, especially for the -cultivation of tobacco and cotton. Middle Tennessee in 1856 raised 19,621 -bales of cotton and 4,511 hogsheads of tobacco. It produced 1,825,423 -bushels of wheat and 21,968,114 bushels of corn.[8] The big cotton -counties were Lincoln, producing 2,558 bales; Williamson, 3,167 bales; -Maury, 4,623 bales; and Rutherford, 4,623 bales. All these counties are -in the Central Basin. The big tobacco counties were Robertson, producing -1083 hogsheads, Smith, 1050 hogsheads, and Williamson, 1179 hogsheads. - -There were 74 farms in Middle Tennessee, containing more than one -thousand acres each and 299 farms having between 500 and 1000 acres each. -The counties having plantations of more than 500 acres were Wilson, with -24, Davidson, 27, Bedford, 33, Montgomery, 23, Williamson, 49, Lincoln, -50, Rutherford, 52, and Giles, 60. Most of these counties are located in -the Central Basin, and have a rich, loamy soil. The response was the big -plantation and a dense slave population. - -The slave population of Middle Tennessee, increased from 106,640 in 1840, -to 131,666 in 1850 and to 148,028 by 1860. Land was very valuable in the -cotton and tobacco counties, ranging in value from $13.54 in Giles County -to $18.84 per acre in Williamson. The slave in Giles County was worth -$797 while in Williamson County he was valued at $855. Both of these -counties were rural and produced cotton. The average value of land for -this section was only $8.82 per acre while the average value of slaves -was $838. The total value of slaves in Middle Tennessee in 1860 was -$126,488,926. - -There were 18,524 slaveholders in Middle Tennessee in 1856; of this -number, 14,145 held less than ten slaves; only one owned more than 300 -slaves; about four thousand held only one slave. There were practically -no large slaveholders in Middle Tennessee. - -West Tennessee along the Mississippi River was a part of the Black Belt, -and was more suitable for the production of cotton than either of the -other two divisions of the state. There were 13,536 slaveholders in -West Tennessee in 1856.[9] West Tennessee had larger slaveholders in -proportion to the total number than either of the other divisions of -the state. In East Tennessee those who owned one slave were one-fourth -of the total number of slaveholders; in Middle Tennessee about the same -proportion prevailed; and in West Tennessee this ratio was reduced to -1:5. In East Tennessee there was only one person owning more than one -hundred slaves; in Middle Tennessee there were twenty-five; in West -Tennessee there were eighty-five. - -The plantations in West Tennessee were larger and more numerous, in spite -of the fact that West Tennessee was not settled before 1820. Fayette -County had 74 plantations containing between 500 and 1000 acres each, and -15 containing more than 1000 acres each. Fayette County in 1860 contained -15,473 slaves, all of whom had been acquired since 1830.[10] Shelby had -a slave population of 16,953, which had been acquired since 1830. Some -of the most productive parts of the Black Belt in West Tennessee, such -as Lake County, were not in cultivation by 1860. The counties along the -divide between the Mississippi and Tennessee rivers were very poor, and -therefore not suitable for the production of cotton in large quantities. -Counties like Hardin, Henderson, McNairy, Chester, Decatur, Carroll, -Weakley, and Gibson were cultivated by small farmers, many of whom owned -no slaves at all, while others owned only one or two slaves. In these -counties, farmers worked their crops by themselves, or by the side of -their slaves. - -The leading crops of West Tennessee were cotton, corn, wheat, and -tobacco. Cotton was the chief crop, and tobacco was raised in only -the poorer counties, like Benton, Carroll, Weakley, Gibson, Haywood, -and Lauderdale. Fayette and Shelby were the big cotton counties. -West Tennessee produced in 1856 four times as much cotton as Middle -Tennessee, and 3,144 hogsheads of tobacco against 4,511 produced by -Middle Tennessee.[11] - -Taking the state as a whole, it was never more than a state of small -farmers. The plantation system as it existed in Mississippi or South -Carolina never prevailed in Tennessee. The soils of Tennessee were not -sufficiently productive to make slavery profitable on a large scale. It -was more profitable to own from one to half a dozen slaves and work with -them than to have an overseer. Of the 33,864 slaveholders in the state in -1850, 26,512 owned less than ten slaves each, and 18,198 owned less than -five each. There were only 22 persons in the state who owned more than -one hundred slaves. By 1856 this number had increased to one hundred and -six. - -The distribution of the slaves over the state was determined by the -crops raised. In East Tennessee the ratio of slaves to whites was about -1 to 12; in Middle Tennessee, 1 to 3; and in West Tennessee, 3 to 5. In -no county in East Tennessee was the ratio greater than 1 to 6, while in -several counties it was 1 to 60, and in two-thirds of them it ranged from -1 to 20, to 1 to 60.[12] This, of course, was a matter of the soil. These -factors reflected themselves in social life, education, religion, and -politics. Slavery produced aristocracy and classes of society wherever -it appeared. It made for the private school in education, Whiggery in -politics, and the southern division among the Protestant churches that -split. East Tennessee in Andrew Jackson’s time was the democratic part -of the state. West Tennessee, the seat of the Black Belt, was the home -of the Whig aristocracy. When the Whigs became Democrats in the decade -between 1850 and 1860, the free farmers and small slaveholders, Democrats -of East Tennessee, became Unionists and later Republicans. This same -formula worked out over the entire state. There are Republican islands in -Democratic sections, and Democratic islands in Republican sections. East -Tennessee remained loyal to the Methodist Church, and West Tennessee went -into the Methodist Church, South. These divisions were not peculiar alone -to the three grand divisions of the state, but are found in the various -counties. - -For instance, in the Presidential elections of 1844 between Clay and -Polk, Tennessee went for Clay. The big Democratic counties of today were -Whig then. Fayette’s vote was 1217 to 1060 in favor of Clay; Shelby’s, -1828 to 1607 in favor of Clay; Madison’s, 1562 to 737 in favor of Clay; -Gibson’s, 1423 to 688 in favor of Clay. These counties are now the big -Democratic counties of West Tennessee. They stood the same way in 1848 on -the election between Taylor and Cass. They voted overwhelmingly for the -Whig candidate for Governor in 1847.[13] - -Present Republican counties of East Tennessee went Democratic. -Washington, 1225 to 881 in favor of Polk; Sullivan, 1533 to 350 in -favor of Polk; Greene, 1701 to 1031 in favor of Polk. The same line-up -expressed itself in 1847 and in the Presidential election of 1848.[14] - -There are certain counties in West Tennessee today that are quite as -overwhelmingly Republican as any in East Tennessee. These counties are in -full sympathy with the point of view of the North in politics and toward -life generally. The northern branches of the churches, together with -their schools, are found in these counties. They prefer school teachers -from the North and send their children to northern colleges. The human -response to the soil that determined their attitude toward slavery is -mainly responsible for these results. It was this force that made poor -whites out of some and slaveholders out of others. - - -II. THE MANAGEMENT OF THE PLANTATION. - -Plantation life in Tennessee was more humane than is generally supposed. -Great care was taken in establishing the negro quarters. There were -several reasons for this, not especially peculiar to Tennessee. Health -is an indispensable factor in the life of an efficient laborer. It saved -or reduced the expense of medical attention. Sanitary quarters for the -negroes produced contentment and thus lessened the problem of government. -They prevented the spread of disease, and a consequent heavy death rate. -They diminished crime among the slaves and on the whole made a good -reputation for the master. Respect for the master was no inconsiderable -force in the proper functioning of a plantation. The slaveholders -discussed these subjects in the agricultural fairs and read papers on how -to build proper slave quarters. - -In an issue of the Practical Farmer and Mechanic, published -at Somerville, Tennessee, the county seat of the most densely -slave-populated county in the state, are given the following instructions -relative to the establishment of the plantation buildings: - - In the selection of his farm, he (the master) should have an - eye to health, convenience of water, and a soil with such a - substratum as to retain manures. His home should be neat but - not costly—erected on an elevated situation—with a sufficient - number of shade trees to impart health and comfort to its - inmates. His negro quarters should be placed a convenient - distance from his dwelling on a dry, airy ridge—raised two - feet from the ground—so they can be thoroughly ventilated - underneath, and placed at distances apart of at least fifty - yards to ensure health. In this construction, they should be - sufficiently spacious so as not to crowd the family intended to - occupy them—with brick chimneys and large fire-places to impart - warmth to every part of the room. More diseases and loss of - time on plantations are engendered from crowded negro cabins - than from almost any other cause. The successful planter should - therefore have an especial eye to the comfort of his negroes, - in not permitting them to be overcrowded in their sleeping - quarters.[15] - -This was an ideal that was regarded as a model. There was pride among -masters as to the character and appearance of their plantations. In a -description of a plantation in Haywood County, the following elaborate -set of buildings is given: dwelling-house, kitchen, washhouse, -storehouse, office, smokehouse, servants’ houses about the dwelling of -the master, weaving, ice, and poultry houses, gin house, grist mill, -flouring mill, wheat granary, stables, corn crib, overseer’s house, -seven double negro cabins, thirty-six feet by fourteen, with large brick -chimneys, closets, and other conveniences, all of which buildings are -annually whitewashed.[16] If one family was to occupy the cabin, it was -usually about 16 feet by 20 feet in its dimensions.[17] An effort was -made to locate cabins among shade trees. If this condition was not met, -trees were planted. Comfortable housing of the slaves was one of the real -problems of slave management, and it seems that an honest effort in most -cases was made to solve it. Proper bedding with plenty of blankets was -furnished in the winter, and close attention was given to the food of -the slaves. Weekly allowances were usually made, yet some fed in common. -Five pounds of good, clean bacon, one quart of molasses, a sufficiency -of bread and coffee with sugar were usually distributed to each slave on -some designated night each week. Family rations were put together. Single -hands received their rations separately, and then united in squads and -masses. Some woman was detailed to cook their meat or make their coffee. -The bread was cooked in the bakery for the entire plantation. - -Two suits of cotton for spring and summer; two suits of woolen for -winter; four pairs of shoes, and three hats made up the clothing -allowance. The slave was encouraged to be neat in his dress. - -The slaves were supposed to go to work by sunrise. They rested from -one to two hours at noon and then worked until night. In summer, the -plan frequently was to work from sunrise to 8:00 o’clock a.m., then -breakfast, work until 12:00 o’clock at noon, rest two hours, and then -work until night. They always quit work at noon on Saturday to prepare -for Sunday. - -Various plans were used to stimulate the slaves to work. One of the -most effective was “task week.” The negroes varied among themselves -considerably as to the rapidity with which they could perform their -labor. It was this very fact that constituted the basis of the “task” -system. According to this system, a slave could work for himself or play -when he had finished his assigned task. Some masters permitted the slaves -to cultivate a few acres for themselves. - -Prompt attention in case of sickness was a vastly important matter among -slaves. Masters, mistresses, and overseers usually knew a great many home -remedies which, if given in time, would suffice for a large number of -complaints. A good amount of red pepper was used in the vegetables. This -was supposed to stimulate the system, prevent sore throat, and render the -system less liable to chills and fevers. - -Good plantation management contained a number of additional interesting -features. A weekly dance was an event to be looked forward to. For the -master and mistress to chaperon these occasions made a strong impression -on the slaves. Family prayers in which the slaves participated had a -bracing effect on the negro’s character. It was wise to have an employed -preacher for the slaves. Religion appealed to the negro’s character, and -it was a psychological factor in his control. - -One of the most interesting features of plantation life was the raising -of poultry by the old slaves who were incapacitated for hard work. An -old negro man, giving most zealous attention to his brood, his negro -assistants careful to please him in every detail, and the “happy -family,” consisting of everything from a bob white and turkey gobbler -to a mockingbird, made one of the most beautiful pictures of plantation -life.[18] - -The duties of the master was a subject that was kept before the community -even if economic interests were not sufficient to control such matters. -J. P. Williams, in a prize essay on plantations and their management, -urged that the master should give his personal attention to his negroes. -He thought that such supervision would not only pay in financial returns -but would largely solve the problem of discontent and insubordination -frequently due to mistreatment of slaves by an overseer.[19] - -The master’s relation to the overseer was an important factor in the -management of the plantation. It was a good policy to pay any overseer -well. This gave the master the right to demand his entire time, and -usually ended in efficiency and satisfactory relations of overseer to -both master and slaves. - -“An employer,” said Jas. C. Lusby, in a paper read before the -Agricultural and Mechanical Society of Fayette County, September 2, 1855, -“should never ask a negro any questions whatever about the business of -the plantation, or the condition of the crops; nor say anything in the -presence of the negroes about the overseer, for they are always ready to -catch any word that may be dropped, and use it if possible to cause a -disturbance between the master and the overseer.”[20] It seems that there -was a common practice among masters to have one or two trusties among the -negroes to act as spies upon the overseer. “Negroes,” said Lusby, “in -two-thirds of the cases, are the cause of employers and overseers falling -out.”[21] The successful planter was one who gave sufficient time and -thought to the management of his farm to enable him to be his own judge -as to the character and efficiency of his overseer. - -The overseer was the most important factor in the management of the -large plantation. His indifference toward the interests of either master -or slaves broke down the system, because there was perfect unity of -interests inherent in the system, and the successful overseer recognized -this ideal. It was the business of the overseer to be present at the -beginning of every important work, not merely because he was paid to do -so, but because the negroes always took advantage of his absence. It was -his business to ring a bell or blow a horn in the morning for breakfast, -because it was unsafe to entrust this duty to a negro driver for the -reason that it was almost impossible to find a negro sufficiently regular -in his habits to be reliable. If the breakfast hour was a failure, the -entire day’s work was seriously damaged. - -The overseer had to see that the negroes were up by four o’clock in the -winter and about half past three in the spring and summer. This gave -time to prepare victuals, arrange clothes and shoes, to see that horses -and mules were properly fed, that crib doors were shut, that fires were -built for the children, and that everybody was ready to go to work by -daylight.[22] - -The overseer accompanied the slaves to the field and saw that the day’s -work was properly begun. He could then return to his house for breakfast. -Following breakfast, he was free to make a general inspection of the -plantation. He inspected the cabins to see that they were neatly kept, -that the clothes of the negroes were washed, that the negro nurses -were properly looking after the children, that the common bakery, -boot-and-shoe shop, carpenters, mechanics, and tailors were efficiently -functioning. - -He inspected fences, ditches, gates, and stock occasionally. He visited -the cabins two or three times a week at night to see that the negroes -were at home and that no strange negroes were on the premises. The nature -of the negro was to gad about, and to keep improper hours. It was the -duty of the overseer to prevent this. He had to look after the farming -implements, and, after the crops were harvested, to gather up the tools -of the plantation and have them repaired and properly housed during the -winter. - -The overseer had constantly to plan work two or three weeks in advance -to have the greatest success. He had to keep in close touch with the -master, especially concerning work after the crops were finished. “I -consider it to be the duty of the overseer,” said Lusby, “to do anything -that the employer wishes him to do, right or wrong.” - -Lusby advocated that an overseer should be a model of personal -appearance. He should keep himself close-shaven, wear good clothes, “hold -his head up equal to his employer, ride a good, sprightly horse, and have -one of the hands to attend to him, and saddle him in the morning.”[23] An -overseer was rated by the slaves very largely according to the manner in -which he conducted himself. His personal conduct was a determining factor -in the degree of control that he was able to exercise. This factor either -made or undid all his efforts. - -An overseer who was a success in the employment of a master was usually -able to buy land and negroes for himself in a few years. In an address -given at an agricultural fair in Jackson, Tennessee, in 1855, an account -is given of a planter in Haywood County, who had had only four overseers -from 1838 to 1855. One of these in six years, with a large family, -accumulated nineteen hundred dollars which he invested in lands and -negroes in Texas, and was soon doing well. Another accumulated in seven -years more than two thousand dollars, and was ready to go to Arkansas -and invest his capital in lands and negroes. The other two had similar -success.[24] - -The slaves in Tennessee undoubtedly were, on the whole, humanely treated. -Rev. Arthur Howard says in his history of the Episcopal Church in -Tennessee that “it is impossible to deny that the negroes of the South -were happier, and better cared for, physically and morally, under the -system of slavery existing in the South, than they have been at any -time since they obtained their freedom and were suddenly, without any -training, endowed with the right of citizenship.”[25] - -Rev. J. N. Pendleton, of the Baptist Church, said: - - I take great pleasure in testifying that slavery in Kentucky - and Tennessee, and I was not acquainted with it elsewhere, was - of the mild type. When I went North, nothing surprised me more - than to see laborers at work in the rain and snow. In such - weather, slaves in Kentucky and Tennessee would have been under - shelter.[26] - - -III. WAS SLAVERY PROFITABLE IN TENNESSEE? - -There is a great deal of evidence that slavery was profitable, and some -that it was not. Slavery increased very rapidly in the first two decades -of the history of the state. From 1790 to 1800 there was an increase -of 297.54 per cent, and from 1800 to 1810 an increase of 229.31 per -cent.[27] Slave population increased only 79.06 per cent in the next -decade, and only 244.19 per cent from 1820 to 1860. This decrease in -percentage from 1820 to 1860 is in face of the fact that West Tennessee, -the Black Belt part of the state, was settled and populated during this -period. This evidently means that slavery was not making much progress in -East and Middle Tennessee. - -Slaves increased in value very rapidly in Tennessee from 1790 to about -1836. They were worth only $100 each in 1790, but by 1836 they were -valued at $584.[28] They decreased in value to $413.72 by 1846. They -reached the 1836 mark again in 1854, and by 1860 were valued, for -purposes of taxation, at $900.[29] This valuation was largely controlled -by the price of cotton. The average price of cotton for the decade ending -1830 was 13.3 cents per pound; for the decade ending 1840, 12.4 cents; -for the decade ending 1850, 8.2 cents; and for the five years ending -1855, 9.6 cents.[30] The values and prices of Tennessee slaves and cotton -only roughly corresponded to those of the United States at the same time. -In 1792, the average value of a slave in the United States was $300, and -in 1835 it was $900, and $600 in 1844.[31] Upland cotton was worth 17½ -cents per pound in New York City in 1835 and 7½ cents in 1844. It was -generally held that a difference of one cent a pound in the price of -cotton made a difference of $100 in the price of slaves, but this could -not apply to the above prices. - -Slavery was undoubtedly very profitable in Middle and West Tennessee. -F. A. Michaux in travelling from Nashville to Knoxville in 1802 says: -“Between Nashville and Fort Blount (above Nashville on the Cumberland -River about sixty miles) the plantations, although isolated in the woods -always, are nevertheless, upon the road, within two or three miles of -each other. The inhabitants live in comfortable log houses; the major -part keep negroes, and appear to live happy and in abundance.”[32] He -says West Tennessee (Cumberland), now Middle Tennessee, produced a -very fine grade of cotton and that manufacture was encouraged by the -legislature.[33] “Emigrants to Tennessee,” he continues, “by at least the -third year have gone over to the cotton crop.” He says that a man and -his wife could, aside from raising sufficient Indian corn for sustenance -“cultivate four acres (of cotton) with the greatest ease.” This would -yield a net produce of two hundred and twelve dollars. “This light -sketch,” he says, “demonstrates with what facility a poor family may -acquire speedily, in West Tennessee, a certain degree of independence, -particularly after having been settled five or six years, as they procure -the means of purchasing one or two negroes, and of annually increasing -this number.”[34] - -Lilly Buttrick, travelling in Tennessee from 1812 to 1819, speaks of -stopping with an Indian slave owner by the name of Talbot, who lived on -the bank of the Tennessee. “This man,” he says, “was said to be very -rich, in land, cattle, and negro slaves, and also to have large sums of -money in the bank.”[35] - -The culture of cotton was profitable from the very beginning of the -state down to 1860. As early as July, 1797, Mr. Miller of the firm of -Miller and Whitney, proposed to his partner that they send an agent to -Knoxville, “where we were informed that cotton was valuable,” and to -Nashville and the Cumberland settlements to gather information concerning -the culture of cotton in those parts and the mode of cleaning it.[36] -As soon as the people of these frontier settlements learned that the -cotton gin was a success, they held public meetings and petitioned the -legislature of Tennessee to buy the patent rights of Miller and Whitney -to the saw-gin within the limits of Tennessee. Andrew Jackson presided at -some of these meetings.[37] In accordance with the wishes of the people, -the legislature purchased the patent rights for the gin within the -limits of Tennessee in 1803, and the state began to encourage the growth -of cotton. “Cotton production in this state,” says Hammond, “with the -exception of a few years in the 40’s, continued to increase at a uniform -rate until the outbreak of the Civil War.”[38] - -A. D. Murphrey, a North Carolinian, travelling through West Tennessee -in 1822, and writing to his friend, Thomas Ruffin, left the following -account of the soil and the profits in farming in West Tennessee: “Since -I wrote you last I have been through nearly one-half of the Chickashaw -Purchase, and if I was disappointed as to old Tennessee, I was still -more as to the Purchase; but my disappointment was of another kind. I -have never seen such a beautiful country before, nor one where industry -can be so well rewarded. It is very much like Mecklenburg and Cararrus -were, I expect, a hundred years ago, in their appearance; but there is -a fertility in its poorest soil that I have seen nowhere else. Except -the swamp, there is really no poor land, if we are to judge from its -production; for on the poorest ridges that I have seen, six and eight -barrels of corn, or 1000 pounds of cotton is the ordinary crop. What -is there called good land brings upon an average 10 barrels of corn or -1300 pounds of cotton to the acre; and one hand will tend more land than -two in any part of North Carolina west of Raleigh. I have just left the -house of a Mr. Morgan on Sandy River, who is now working his second crop -and works four hands. He has prepared 80 acres of this ground since -Xmas, 1821 (this was July, 1822), and his crop of corn, without severe -disaster, will be 1000 barrels.... The soil is rich, black land, varying -in depth from four to ten inches; then comes a good clay—not a stone or -pebble to be seen.”[39] - -The Nashville Banner in 1833, in a discussion on the prosperity of -Tennessee, boasted that “the profits alone” on the crop of cotton, in the -present year, “will pay the whole aggregate debt of Tennessee and leave a -large balance in favor of the country.”[40] - -In the reports made to the Comptroller, and inventories given in the -proceedings of the county and district fairs, there are numerous -examples of individuals who, with a few slaves, purchased lands, cleared -and stocked them, and made big money in farming. The following is a -detailed account of what a Middle Tennessee planter did, who in 1838 had -twenty-two negroes, only fifteen of whom were field hands: “He cleared -nine hundred acres of land ... made all his improvements, consisting of a -dwelling house, kitchen, washhouse, storehouse, office, smokehouse, the -necessary negro houses for servants’ houses about his dwelling, weaving, -ice and poultry houses, a gin house forty by sixty feet, a building forty -feet square with driving power attached,” from which was propelled the -following machinery: a flouring mill which ground and bolted from seventy -to eighty bushels of wheat per day, a corn mill which ground from ninety -to one hundred bushels of corn per day, a knife that cut food for his -stock, a corn sheller, a wheat thresher, with a 300-bushel capacity per -day for wheat and 200 bushels for rye, a saw mill that cut from one to -two thousand feet of lumber per day; “barns, stables, cribs, overseer’s -home, negro cabins, and outhouses.”[41] This planter furnished the -flour for his family and negroes and sold a surplus to cotton planters -sufficient to pay the cost of his machinery and the salary of his -overseer. He raised all the live stock that the plantation needed, and -sold immense quantities of horses, mules, cattle, sheep, and swine. - -His capital increased at the rate of 169 per cent per annum, yet “he -never made a speculation of any kind whatever during all this time of -prosperity, to buy and sell again. He lived generously, while some of -his friends charged him with extravagance in many things. His farming -interest did it all, under its own progression, and is entitled as a -pursuit or business, after the support of himself and family, which -under the peculiar visitations of Providence, added necessarily to his -expenses, to all the credit.”[42] - -This planter was active in politics, and acted as administrator of -the estates of several of his friends. He managed his plantation so -successfully that he never gave cause for a change of overseers, nor -did he have any trouble with his slaves. He was a type of the Middle -Tennessee planters. - -This planter was Mark C. Cockrill. He was famous for the grade of wool -that he grew. He exhibited a wool at the World’s Fair in London that for -its texture, quality, and fineness excelled the wool from Saxony, from -which the best English broadcloths have been made. He returned with the -premium, certificates, and medals to be still further rewarded by the -legislature of his own state with a gold medal for his enterprise and the -prosperity he had brought to the wool-growers of the state.[43] - -There were equally famous public-spirited cotton planters of West -Tennessee, Pope, Holmes, Poynor, and Bond, planters of Fayette County and -Shelby County, at this same World’s Fair, who changed the classification -and commercial character of American cottons. They were able to place -Tennessee cotton next to the Georgia Sea Island, giving it the highest -grade of upland cotton. This meant considerable wealth to Tennessee. -Both Pope and Holmes received medals at the fair. These planters, in -coöperation with David Park, a cotton factor of Memphis, distributed -among several factories of the East a large amount of Tennessee cotton -to be experimented with, in order to test its superior grade. This -gave Tennessee cotton a great reputation, and made Memphis a joint -distributing-point for the sale of cotton. Cotton began to come up the -Mississippi to Memphis to be distributed over the entire world. This was -the beginning of the movement that has finally made Memphis the greatest -inland cotton market in the world. - -Comparing these cotton planters with the Middle Tennessee planter -referred to above, James C. Coggesball, the author of this paper, says, -“I must certainly be permitted to speak as to the circumstances of -several whose success surpasses his in a four-fold extent.” “And just -here,” he says, “permit me to add as my opinion that there is not to -be found a location in the United States where a farming community, -taking them as a body, is as independent and intelligent as they are in -the western district. The public days at the county seats exhibit but -few scenes of impropriety emanating from them, while the sheriff’s and -constable’s advertisements seldom have reference to their estates.”[44] - -The planters of Tennessee realized that slavery was profitable, and were -jealous of all forces that threatened its existence. They knew that -the cotton system depended on slave labor. The slaveholding sections -of the state were the strong supporters of colonization societies, not -in the sense of anti-slavery, but as a protection to slavery. “The -existence of colored freedom in the midst of a slave population,” said -their petitions, “has a tendency to impair the value and utility of that -description.” It will cause “those who might have considered bondage as -one of the decrees of Fate, or provisions of superior power, imposed upon -their sable race, where all were placed in a like condition ... to view -with jealousy and discontent the elevation of some of their own family -to a grade so far above their reach.”[45] This memorial suggested the -expediency of abolishing colored freedom, which was actually attempted in -the later fifties. - -“The farmer should remember,” said Coggesball, “that he has not merely -farmers’ duties to attend to, but that, as a slaveholder, and as a member -of society, he has personal and political rights to watch over and -protect. Will he look at the assembled combinations that are against him; -at the encroachments upon his homestead, who are advancing with torch -in hand and fanatic cry of freedom, even at the price of extermination -of the white race of slaveholders? And see that they are headed by the -pulpit, composed of its three thousand clergy, with the anti-Christ -motive of a Judas Iscariot marked upon their physiognomy, and instigated -by the price of thirty shekels of silver, from England’s commercial -schemers, swearing in their fanatical zeal that the Bible itself is not -the Word of God, they recognize in the establishment and the sustaining -of this relation, and reading their homilies on the other side of Mason -and Dixon’s line, to the mob collections from the purlieus of their -cities, who, like themselves aspire to the distinction given to the -Beecher family, by some way, who lately discovered that in this world -there were three distinct classes of people, to-wit: the saint, the -sinner, and the Beecher family.” - -As the pressure became more intense, the planters became more intolerant -of any discussion on the slavery question. The conclusion of Coggesball’s -discussion gives the frame of mind that most of the slaveholders had -acquired by 1860. “For myself,” he said, “my relation to slavery is one -that I allow no man, even my neighbor, who is a non-slaveholder, to -counsel me respecting. So sinister and heartless has the northern public -become, they but elucidate the fact that there is no tyranny like that -of the full-blooded fanatic. I have no missionary ground in my heart for -them to reach; my duty is a responsible one. God and my country recognize -it, and I care not what others think of me respecting it. I believe that -slavery is a blessing to the slave in the largest extent, produced by the -wisdom of God, and retained as such by his overruling providence, and -that the Christian slaveholder is the true friend of the black man.”[46] - - -FOOTNOTES - -[1] Knox, Bledsoe, Bradley, Granger, Greene, Hawkins, McMinn, Monroe, -Roane, and Hamilton were counties noted for their production of corn and -wheat. - -[2] Comptroller’s Report for 1850, p. 44. - -[3] Census of 1850, Population I, p. 63. - -[4] Comptroller’s Report for 1856, p. 44. - -[5] Comptroller’s Report for 1857-8, p. 165. - -[6] Comptroller’s Report for 1859-60, p. 22. - -[7] Comptroller’s Report for 1859, p. 30. - -[8] Comptroller’s Report for 1856, p. 44. - -[9] Comptroller’s Report for 1856, p. 44. - -[10] Tenth Census, I, Population, p. 63. - -[11] Comptroller’s Report for 1856, p. 44. - -[12] Martin, A. E., Tennessee Historical Magazine, I, No. 4, p. 279. - -[13] Whig Almanac for 1844. - -[14] Whig Almanac for 1848. - -[15] The Practical Farmer and Mechanic, October 6, 1857. - -[16] Comptroller’s Report for 1855-6, p. 431. - -[17] De Bow’s Review, XVII, 423. - -[18] The following is a description of “a master in Haywood County, -who, having the Shanghai mania, raised one year over eight hundred of -them, under the careful attention and supervision of an old man, who -had numbered his three score years, and was very infirm, but who, after -proper preparation in the several coops and houses, with suitable places -as depositories for their food, took great pleasure in his charge, and, -with the negroes assisting him, it was pleasing to see the delight -he manifested in the care of his brood, and with what pride he would -discourse on their good qualities to his respective visitors. Upwards of -one hundred pair were given away, and from the sales of others at five -dollars the pair, the old negro’s labor contributed to the income of the -farm more than two hundred dollars. To suppress the romantic suggestions -that his rural pursuits in his retirement might lead to, he would exhibit -his ‘happy family’ uncaged to his visitors, when he pointed to the fowl, -the duck, the turkey, the pea-fowl, the pigeon, the partridge, the dove, -the jaybird, the squirrel, the rabbit, the red bird, the woodpecker, the -humming and mocking bird, as they occupied their respective places in -the forest before his dwelling, and frequently several of them might be -seen eating together, feeling instinctively conscious, from habit long -indulged, that they had a protector over them, that prevented their being -wantonly destroyed.” - -Comptroller’s Report 1855-6, p. 432. - -[19] “He should see,” said Williams, “that their cabins are kept clean -and free from all kinds of filth, and that their hours of retiring should -be regular and at an early period of the night. Their food should be -nourishing and well cooked, with plenty of vegetables in heat of summer. - -“He should have his negroes comfortably clad, winter and summer, and see -that their persons as well as their clothing are kept clean and nice, and -that they are not driven out in unsuitable weather (which is too often -the case by over-bearing overseers), if he expects them to enjoy health -or live to an age to be profitable to their masters. He should attend to -their morals and instruct them himself, or employ others to do so, as -regards their duties and obligations to their master and their Creator—so -they may thoroughly understand the full nature of vice and crime, and -their consequent punishment here and hereafter. These instructions will -make them better servants by teaching them their true and relative -positions, and prevent cases of insubordination which so often arise from -ignorance and neglect. Let their treatment be mild and humane, at the -same time stern and uncompromising in the punishment of offenses.”—The -Practical Farmer and Mechanic, October 6, 1857. - -[20] Comptroller’s Report for 1855-6, p. 525. - -[21] Ibid., p. 526. - -[22] Comptroller’s Report for 1855-6, p. 527. - -[23] Comptroller’s Report for 1855-6, p. 527. - -[24] Ibid., p. 431. - -[25] Howard, Rev. Arthur, History of the Church in the Diocese of -Tennessee, p. 177. - -[26] Pendleton, J. N., Reminiscences of a Long Life, p. 127. - -[27] Statistical Abstract of U. S., 1906, p. 32. - -[28] Comptroller’s Report for 1857-8, p. 165. - -[29] Comptroller’s Report for 1859-60, p. 22. - -[30] Stirling, James, Letters from the Slave States, p. 305. - -[31] Political Science Quarterly, XX, p. 267. - -[32] Thwaites, III, 257. - -[33] Ibid., 277. - -[34] Ibid., 278. - -[35] Thwaites, VIII, 73. - -[36] American Historical Review, October, 1897 (Letter of Phineas Miller -to Eli Whitney, July 21, 1797). - -[37] Aurora and General Advertiser, September 3, 1802. - -[38] Hammond, M. B., The Cotton Industry, p. 70. - -[39] Publications of the North Carolina Historical Commission, I, p. 245. - -[40] Nashville Banner, November 16, 1833. - -[41] Comptroller’s Report for 1855-6, p. 432. - -[42] Ibid., p. 433. - -[43] Comptroller’s Report for 1855-6, p. 434. - -[44] Comptroller’s Report for 1855-6, p. 435. - -[45] Memorial from the Colonization Society of Tennessee, 1832 (State -Archives). - -[46] Comptroller’s Report for 1855-6, p. 439. - - - - -CHAPTER IV - -ANTI-SLAVERY SOCIETIES - - -The attitude of the people of Tennessee toward the negro expressed -itself not only in legislation and judicial decision, but also in -organized societies, such as manumission and colonization societies, in -the churches and in an abolition literature that is unique in American -history. It is the purpose of this chapter to give the organization and -work of the manumission and colonization societies. - -The abolition forces made a determined effort to abolish slavery in the -constitutional convention of 1796, and, failing in this, they straightway -decided to establish anti-slavery societies. There is some doubt as to -when the first manumission society was organized in Tennessee. It is -clear that an effort was made to organize such a society in 1797. The -Knoxville Gazette of January 23, 1797, published a letter from Thomas -Embree in which it is stated that a number of the citizens of Washington -and Greene counties were to meet in March, 1797 and organize abolition -societies patterned after those of Philadelphia, Baltimore, Richmond, and -Winchester.[1] The purpose of the society was to work for a more liberal -basis of emancipation and for complete abolition as soon as the slaves -by education could be prepared for it. Joshua W. Caldwell, author of -The Constitutional History of Tennessee, claims that either a Tennessee -Manumission Society was organized in 1809, or that the one mentioned -above was still in existence.[2] It is not corroborated by historical -evidence that there was organized a manumission society in Tennessee in -either 1797 or 1809. - -There was a preliminary organization of an anti-slavery society in -December, 1814, at the home of Elihu Swain, the father-in-law of Charles -Osborn, who was the moving spirit of the organization. Rachel Swain, -later Rachel Davis, a daughter of Elihu Swain, said she was present at -the organizing of the society.[3] The temporary organization was made -permanent at the first session of the society, held at Lost Creek meeting -house, Jefferson County, Tennessee, February 25, 1815.[4] - -At this first meeting, the society was given the name of the Tennessee -Society for Promoting the Manumission of Slaves, and a constitution was -adopted. The constitution consisted of a preamble and four articles.[5] -The motto of the society was, “That freedom is the natural right of -all men,” and each member displayed a placard to this effect in some -conspicuous place in his home. The society went at once into politics by -pledging its members to vote for only those candidates for office in the -state government who favored emancipation. - -There were several anti-slavery societies organized in Tennessee during -this same year. They soon discovered the unity of their purpose and -decided in 1815 to federate. For this purpose, these societies held a -general convention at Lost Creek Meeting House of Friends[6] in Greene -County, November 21, 1815, and organized the Tennessee Manumission -Society on a federated basis. There were twenty-two branches of this -society.[7] By 1827, there were twenty-five anti-slavery societies in -Tennessee, and 130 in the United States. Of this number, one hundred and -six were in the Southern States, Tennessee ranking second in the list.[8] -The Tennessee society numbered one thousand members.[9] Its officers were -a president, vice-president, secretary, and treasurer. At the suggestion -of Mr. Elihu Embree, a committee of inspection was provided to censor -the publications of the society.[10] The dues of this society were 12½ -cents per year.[11] - -The qualifications for membership were republicanism, patriotism, -abolitionism, and morality. The society held its annual meetings at Lost -Creek Meeting House. Its work consisted in memorializing legislatures -and congresses, protecting runaway negroes, fostering the spirit of -manumission, addressing the churches on slaveholding and opposing the -domestic and foreign slave trade.[12] - -The society repeatedly memorialized Congress on the subject of slavery. -These memorials prayed the abolition of slavery in the District of -Columbia, the prohibition of the interstate slave trade and separation -of families, the proscription of slavery in the territories, and finally -the abolition of slavery in the United States.[13] These petitions -were presented by Tennessee congressmen, and referred to the judiciary -committee, which never reported on them.[14] - -In 1821, the society petitioned the state legislature to grant easier -terms for manumission, to establish a plan of gradual emancipation, -to urge upon those owning slaves to teach them the Scriptures, and to -prohibit “the inhuman practice of separating husbands and wives, within -the limits of this state.”[15] - -The legislative committee to which this memorial was referred dealt with -it frankly. It advocated easier terms for manumission, but desired to -restrict them to the emancipation of the young, healthy slave in order to -prevent avaricious masters from freeing the aged slaves who would become -a charge to society. It believed that the state should devise a policy -for freeing the slaves unborn, and recommended the passing of a law, -prohibiting the separation of husband and wife. The committee reported -unanimously, but the senate laid its report on the table.[16] - -James Jones, president of the society, stated at its eighth annual -meeting that the objects of the society should be: First, to obtain the -support of the people to the abolition propaganda because the people -rule; second, to establish as many branches as possible to obtain -this end; third, to recommend to all friends of humanity to use their -suffrage to place men in the legislature who would support gradual -emancipation.[17] - -At the tenth annual meeting of the society, a memorial was addressed to -the churches of Tennessee which showed the inconsistency of religion and -slavery and bitterly arraigned society for the crime of slavery. This -criticism of the church, society, and government in this petition was -the strongest condemnation of slavery made by the society during its -existence.[18] - -The minutes of the eleventh annual meeting in 1825 show that the society -was still active. There were at this time twenty-two branches, eleven of -which reported a membership of 570.[19] This meeting was well attended -and appointed a committee, consisting of James Jones, Thomas Hodge, Jr., -and Thomas Doane to begin the publication of a quarterly journal to be -called the manumission journal. Thomas Hodge, Jr. was made editor of the -journal, which was to be published at Greenville, Tennessee. The society -drafted memorials to Congress and to the churches of the United States, -and appointed James Lundy as delegate to the Annual Convention of the -American Abolition Societies in Philadelphia.[20] - -Interest in the society seems to have begun to wane after 1825. The -convention in 1826 was not well attended. Only ten branches were -represented at this meeting.[21] The state was beginning to be alarmed -at the increased number of free negroes resulting from emancipation and -immigration. - -The thirteenth meeting in 1827 was a rather important one. It sent -the usual memorials to Congress, legislature of Tennessee, and to the -churches of the country.[22] It made expulsion a penalty for aiding -slaves to escape. The branch organizations were to try those accused of -misconduct. This regulation indicates pernicious activities on the part -of some members of the society. - -This meeting was noted for an address made by Thomas Doane in which he -made a very serious criticism of slavery. He said: - - Slavery is unfriendly to a genuine course of agriculture, - turning in most cases the fair and fertile face of nature into - barren sterility. It is the bane of manufacturing enterprise - and internal improvements; injurious to mechanical prosperity; - oppressive and degrading to the poor and laboring classes of - the white population that live in its vicinity; the death - of religion; and finally, it is a volcano in disguise, and - dangerous to the safety and happiness of any government on - earth when it is tolerated.[23] - -This convention also appointed a committee of which James Jones was -chairman to prepare a report to the American Convention. Jones, in this -report, expressed primarily his own feelings and showed his earnestness -as one of the greatest anti-slavery leaders of his time. He urged -religious and benevolent societies and all friends of freedom throughout -the Union to join in petitioning Congress to abolish slavery in the -District of Columbia and to use its power of regulating interstate -commerce to suppress the interstate slave traffic. “It is time,” he said, -“for people to be aroused to their duty, and ask their rulers to abolish -such things in plain, explicit terms.”[24] - -Jones not only saw the injury that slavery was causing to society, -socially, economically, and politically, but he also foresaw what the -final catastrophe would be unless some constructive policy of abolition -was instituted for the nation. He said in a letter in 1830 to Benjamin -Lundy: “For if Congress will not listen to the voice of humanity until -destruction cometh, I wish posterity to know that some among us now are -desirous to have justice done.”[25] - -Several branches of the society were active in creating sentiment for -emancipation by means of public meetings, addresses, and memorials to -various organizations. The Jefferson Branch, located in Jefferson County, -the seat of the state society, led the work in the local societies. In -1821, in an address delivered before the Jefferson Society, the speaker -took the following optimistic attitude toward manumission: - - When we compare the public sentiment relative to slavery at - this period, with what it was, even a few years ago, have we - not reason to hope that a propitious epoch is now at hand - for benevolent humanity to exert itself in the cause of the - afflicted innocence? Is not the evil which avarice and cupidity - have drawn around our senses, gradually vanishing? Is not the - monster of cruelty beheld more generally in his native form? - We hail the increase of this sentiment as the beginning of - auspicious consequence both to ourselves and the unfortunate - sons of Africa. We hope that the sentiment will spread until - we become a willing people to forsake our iniquity, and let - the sufferers go; not by a miraculous interposition do we look - for it to be accomplished with precipitation; but by such - means as deliberate counsel and the direction of Providence - may dictate, to be conformable with Justice to those who claim - their services, and to the circumstances of those in servitude, - by alleviating their wretched condition, and instilling into - their minds such instruction as may prepare them for assuming - their proper rank and station among rational beings, when the - universal principles of propriety, justice, and equity, shall - sanction it.[26] - -It has already been pointed out that interest in manumission began to -wane in 1825. In 1827, the annual convention of the state society was -poorly attended. No records of its life and activities after 1830 have -been found.[27] A definite change of policy toward the free negro was -being formulated during this period and it found expression in the -Exclusion Act of 1831. This change of policy of the state meant the death -of manumission as an organized movement. - -There were also some independent anti-slavery societies in the state. -November 21, 1820, the Humane Protecting Society was organized in -Greene County. Its purpose was to extend the rights of man to all, -irrespective of race and color, and protect those “unlawfully oppressed.” -The qualifications for membership were good moral character, friendship -toward the government of the United States, and agreement to pay ten -cents on the hundred dollar’s worth of one’s unencumbered estate as -dues.[28] - -In 1826, there was organized at Nashoba, Shelby County, West Tennessee, -the Emancipating Labor Society, by Miss Frances Wright of Scotland. In -1825, she bought eight tracts of land, aggregating 1,940 acres, lying on -both sides of Wolf River, in the vicinity of Germantown and Ridgeway, -paying $6,000 for the land.[29] The society was managed by a board of -trustees under certain restrictions.[30] - -Admission to the society was to be strictly individual, except in case -of children under fourteen years of age, who might be admitted with one -or both parents, reared and educated until twenty years of age, and -emancipated at twenty-one. The society planned to buy slaves from those -people who wished to emancipate their slaves but who felt that they -could not sustain such expense. The society did not buy old men, women, -and children; but would take them and support them. In 1827, Miss Wright -presented the society with eight slaves and the work of a family of -females.[31] - -The economics of the scheme were typical of the communistic philosophers -of the period. The slaves were charged with the capital invested on which -they were expected to pay six per cent interest; the farm equipment, -consisting of farming implements and live stock, was loaned them on the -condition that they constantly replace the same from their earnings. -One-half of the produce of the plantation was placed to their credit, and -purchased by the society at the market price. They shared equally with -the society the proceeds derived from the sale of all live stock raised -on the plantation. By a system of weekly accounts of income and expenses, -they knew their financial status at the end of each week. As soon as any -slave had a credit equal to what the society had paid for him, he was -emancipated. If he wanted to leave the state for Hayti or Liberia, he was -given the privilege of remaining in the society until he had sufficient -means to pay his transportation to one of these colonies.[32] - -The character of the management of this society is very interesting. -The slaves were not put under an overseer and lashed to work, but were -directed in their work as if they were free laborers. The idea was to -make men and women who would voluntarily develop habitual industry under -advice and encouragement, rather than to exact labor from them by a -decree of force. They were to be fitted for a state of freedom by being -developed into self-governing men and women, and responsibility was -substituted for discipline just as rapidly as self-initiative could be -developed. - -The negroes were fed, clothed, and housed. Those who showed any interest -in acquiring information were taught. A constant aim of the organization -was to improve their habits and conduct. The organization’s chief -purpose was to develop humanity, rather than to net the society any -pecuniary gain.[33] The society was not a success because of Miss -Wright’s absence in Europe and the impracticability of the plan. The -trustees resigned in 1831. Miss Wright emancipated the slaves and sent -them to Hayti. The trustees redeeded the plantation to Miss Wright in -1832. The estate became involved in court and some minor points remained -in controversy as late as 1886.[34] - -A fourth anti-slavery society was the Moral Religious, Manumission -Society of West Tennessee, which was organized December 18, 1824, at -Columbia, Maury County, Tennessee.[35] The spirit of this society is well -known in the following extract from the preamble of its constitution: - - We, the undersigned, having fully considered the subject of - Tyranny and Slavery as practiced by individuals on their - brethren in our neighborhood, and elsewhere in America; and - being fully convinced that it exceeds any other crime in - magnitude: - - 1st. In motive—being moved thereto by the “world, flesh and the - devil,” or with pride and laziness. - - 2nd. In the execution, it is cruel and unjust. - - 3rd. In the consequences, ignorance, hardness of heart and - inhumanity are produced. This ignorance of right and wrong is - manifested in the words and actions of tyrant and slave and all - of those who approve of the practice in others. They go forth - in practical infidelity and irreligion, which tend to destroy - the blessings of Christianity and republicanism as they exist - in this otherwise happy land.[36] - -This society limited its membership to fifteen, none of whom could be -slaveholders.[37] Any additional membership constituted a branch society. -The officers of the society consisted of a board of directors, one -of whom was designated as chairman. Majority vote of the membership -determined the policy of the society on any question. No levy for funds -was made on the membership, but its revenues consisted of contributions -and donations. The directors were trustees of such funds. The society -met quarterly at the Republican Meeting House about six miles from -Columbia, Maury County, Tennessee.[38] One of these quarterly meetings -was held on the Fourth of July, and was regarded as the annual meeting -of the society. The constitution was rather elaborate, consisting of -twelve articles, and could be amended by the consent of two-thirds of -its members.[39] The policy of the society was not so radical in method -as might have been expected from the general tenor of its documents. -The constitution in articles 6 and 7 states that the acceptance of -Christianity would destroy in the tyrant “the will to enslave” and would -therefore eliminate personal slavery. It was the will of “men of talents” -to tyrannize that had to be controlled, and argument was the leading -means to use to accomplish this purpose. The society, therefore, proposed -to circulate copies of “The Genius of Universal Emancipation” through -their several communities, the state, and the nation, to issue addresses, -to petition churches and legislative bodies, and to preach the Gospel of -humanity to slaveholders. - -This society issued in 1824 a memorial to the Methodist Episcopal -Conference which met that year at Columbia, Tennessee. The conference -agreed to the anti-slavery spirit of the memorial and to a coöperation -with the society in the realization of its aims.[40] March 22, 1825, -the society at its thirtieth quarterly meeting sent an address to the -Manumission Societies of America, making suggestions for the celebration -of Fourth of July, 1826, as Jubilee Day.[41] - -The Moral, Religious Manumission Society sent an address to the American -Convention in 1826 that was too radical for publication.[42] The society -seems to have been dissolved about 1827.[43] - -The manumission societies came to realize that the state would not -tolerate a large element of free negroes within its borders. They saw -that their success was conditioned on the colonization of the free -negroes as rapidly as they were emancipated. The Tennessee Manumission -Society in its memorial of 1816 to the churches of the United States -advocated in regard to free negroes, “that a colony be laid off for -their reception as they became free.”[44] The Presbyterian Synod of -Tennessee in session at the Nashville church the following year, adopted -resolutions favoring colonization, and congratulated the society for -its efforts in this direction.[45] A colonization society seems to have -been organized in 1822, but there is no evidence of its continued -existence.[46] The Tennessee Manumission Society, in its report to the -American Convention for the year 1823, suggested that Congress make -an appropriation for the purchase of a parcel of land on the American -continent for the colonization of free negroes.[47] In 1825, the -legislature of Tennessee advised its senators and representatives in -Congress to use their influence in promoting a scheme of colonization of -the free people of color.[48] In this same year, James Jones, president -of the Tennessee Manumission Society, wrote Benjamin Lundy that he was -much gratified at the progress being made to colonize the free people -of color in the Haytian Republic,[49] and he quotes the resolution of -the Tennessee Manumission Society, favoring the Haytian Republic as -a rendezvous for free negroes.[50] Two years later, the legislature -of Tennessee, in response to memorials and petitions of manumission -societies and churches again instructed the Tennessee representatives -in Congress to give their aid to the government of the United States in -carrying into effect a plan of colonizing the free people of color.[51] -From 1816 to 1829, there was constant agitation in Tennessee for a -colonization society. - -In 1829 the American Colonization Society worked out a plan for state -societies. The state societies were to be auxiliaries to the national -society, and were themselves to be a confederacy of county societies -which in turn were to be composed of town and district societies. The -town and district societies were to hold regular annual meetings and -send delegates to the annual meeting of the state society, which was to -be represented at the annual meeting of the national society.[52] In -accordance with this plan Mr. Josiah F. Polk, agent for the American -Colonization Society for the states of Indiana, Illinois, Tennessee, and -Alabama, on December 21, 1829, organized, at Nashville, the Tennessee -Colonization Society, consisting of sixteen members. A president and -one vice-president were elected. The membership soon increased to -seventy-three and a fund of one hundred dollars was collected.[53] - -The society held its first meeting on January 1, 1830, and elected a -complete set of officers. Rev. Philip Lindsey, D.D., president of the -University of Nashville, was made president of the society; R. H. McEwen, -recording secretary; Henry A. Wise, corresponding secretary; and Orville -Ewing, treasurer. Six vice-presidents and a board of six managers, -consisting of prominent citizens, were elected.[54] The society at this -time numbered about one hundred and twenty members[55] and contained -twenty auxiliaries.[56] These auxiliaries had a large membership, and -a list of strong officers of the most prominent people of the state. -Andrew Jackson was much interested in colonization. He was vice-president -of the American Colonization Society from 1819 to 1822.[57] Polk, in -reporting on his work to the American Colonization Society, in 1829, -said that much might be expected from the Tennessee Society.[58] Henry -A. Wise, who was secretary of the Tennessee Colonization Society, made -a very flattering report of its work to the national society in 1830. -“We may expect,” said the African Repository, “benefits of the most -important character, from the energy and liberality of the citizens of -Tennessee. It cannot be forgotten that the legislature of this state was -among the first to express its approbation of our scheme, as meriting -the countenance and aid of the National Government.”[59] “Believing as -I do,” said a Tennessee correspondent of the African Repository, “that -under Providence it is the only feasible and judicious plan to ameliorate -the condition of the free people of color in these states, and that it -is a cause in which patriotism and humanity, are largely embarked, I -shall do all I can to aid its progress; and I hear, with pleasure, of its -continued prosperity.”[60] Polk, in his report of 1830, states that “The -colored population is considered by the people of Tennessee and Alabama -in general, as an immense evil to the country—but the free part of it, by -all, as the greatest of all evils.”[61] A correspondent of the African -Repository from Tennessee stated in 1831 that “the colonization movement -had many friends in Tennessee and that they were determined to make every -possible effort to aid the good cause.”[62] - -The society at its meeting on November 8, 1831, appointed a committee -of seven to solicit funds to defray the expenses of sending free -negroes to Liberia. A committee of three was appointed to memorialize -the legislature of Tennessee to make an appropriation for the aid of -the society.[63] The legislature appointed a committee on colonization -to consider the petition of the society, and, on September 30, 1833, -passed two resolutions, requesting this committee to investigate the -expediency of asking Congress for an annual appropriation of $100,000 -and the general assembly for $5,000 to aid in colonizing free negroes in -Liberia.[64] In response to this request, the legislature in 1833 passed -a law, giving ten dollars to the state society for every free negro sent -to Liberia, provided that not more than $500 was expended in any one -year.[65] - -The society held its annual meeting in the Hall of Representatives at the -State Capitol, October 14, 1833, and was addressed by James G. Birney, -of Alabama, agent of the American Colonization Society. “We admire this -institution,” said the Nashville Banner, “and feel the utmost veneration -and respect for the humane motives of its founders, and for those who are -engaged in promoting its objects. It would afford us unfeigned pleasure -to see all its generous designs crowned with complete success.”[66] - -The petitions received by the legislature in 1832 and 1833 from the State -Colonization Society and its auxiliaries contain the leading reasons -advanced by these societies for colonization. The memorialists said: - - We take it to be self-evident general proposition, that the - benefits of government, should be extended alike to all - its citizens; we are compelled, however, by our peculiar - circumstances, to violate this general principle, by - withholding from that class of citizens, the exercise of many - political rights. They are excluded from the ordinary means of - education, on the ground of prejudices which are quite natural, - and which will probably never be removed. Nor is it at all - likely for the same reasons, that they will be suffered to - participate to any great extent if at all, in the benefits of - an enlarged system of common schools, when carried into effect - in our State; they must therefore of necessity remain ignorant, - and by consequence vicious. - - Their intercourse, and association with certain classes of - our white population is calculated to produce, and does - produce, in the estimation of your memorialists, serious - evils to the country. But the preceding considerations are - light, and trivial, when compared with the injury sustained - by the slaveholder, from this class of persons, as must be - obvious to every member of your honorable body; Nor should - the eminent danger to our social and political condition, by - their presence, be overlooked, which arises from the fact, that - there neither does, or can exist, between them, and our white - population, any common bond of patriotism or private regard.[67] - -The Colonization Society had an intermittent career. A sentiment for -colonization, however, persisted in Tennessee to 1860, but it did not -remain organized. “There is something in this position of the cause -of Tennessee,” said the African Repository in 1846, “which we cannot -understand. There are many friends of colonization in the state. We -have applications from many of the colored people for transportation to -Liberia. Many slaves have been manumitted for the purpose of being sent -there, and yet little or no money can be raised for the advancement of -the enterprise.”[68] The next year the Repository stated that “We are -gratified to perceive that Tennessee is beginning to awake on the subject -of African colonization. Between eighty and one hundred free people of -color are now preparing to emigrate from that state to Liberia. They -wish to go in the vessel that leaves New Orleans in December next; and -the means to take them will probably be raised in the state. A writer in -the Record proposes to be one of fifty who will give one hundred dollars -each to purchase territory to be called Tennessee in Africa.”[69] The -average expense of sending a free negro to Liberia and supporting him for -six months was $50. Shortly after the meeting of 1846, the “Rothschild” -sailed from New Orleans with emigrants from Tennessee for Liberia. - -A minister of the Gospel in Tennessee, writing to the Repository in 1847, -advocated colonization for substantially the following reasons: - - 1. It means ultimately the complete removal of the negro. - - 2. It benefits the negro by placing him in an environment that - erects no barriers to his development. - - 3. It affords the Christian an opportunity to give up his - slaves. - - 4. It lays claim to the noblest feelings of the patriot, and - of the whole-souled philanthropist. Its tendency is good, only - good, and that continually. If it has not accomplished all that - its friends desire, what agency has? - -West Tennessee was more interested in colonization than either East or -Middle Tennessee. In fact, colonization was largely anti-free-negro -rather than anti-slavery, especially so in West Tennessee, where it -was regarded as a means of eliminating the free negro from among the -slaves. West Tennessee was not nearly so anti-slavery in sentiment -as East Tennessee. There was organized a separate colonization -society at Memphis, June 12, 1848, largely through the efforts of the -Presbyterian Church. It adopted a constitution of six articles, and -elected a president, vice-president, secretary, treasurer, and twelve -directors who constituted a board of managers. It was an auxiliary of -the American Colonization Society. It was to accomplish its object “by -the contribution of money to the Parent Society by the dissemination of -intelligence concerning the operations, objects, and prosperity of the -colonization enterprise.”[70] A campaign was waged in Memphis for funds -to support the society.[71] - -The Tennessee Colonization Society was incorporated on February 8, 1850. -Philip Lindsey, president of the University of Nashville, was made its -president. It now became a corporation and a body politic. It could sue -and be sued, and was permitted to receive gifts of money, goods, and real -estate, provided the total value of such gifts did not exceed $10,000 in -any one year. It used its own seal.[72] - -In 1852, Frederick P. Stanton, of Tennessee, in an address before the -American Colonization Society, advocated the removal of the free negroes -to Africa. He believed this step would eliminate sectionalism and largely -solve the problem of the runaway which, he thought, was mainly due to the -influence of the free negro over the slave. He was also apprehensive of -the political influence which the free negroes might come to have.[73] He -maintained that the national government could remove the negroes as well -as the Indians.[74] - -Senator John Bell, of Tennessee, in a letter to James R. Doolittle, -October 18, 1859, advocated the acquisition by Congress of some territory -south of the United States to be set aside as an asylum for emancipated -negroes. He believed that such a settlement of the problem would be a -“concordant” between the North and the South.[75] - -In 1860, Hon. N. G. Taylor, of Tennessee, in an address before the -American Colonization Society, advocated the colonization of the free -blacks for moral and commercial reasons. He believed that the negro -should be returned to his native home and that Africa colonized by -American negroes would naturally become a great commercial ally of the -United States.[76] - -It is seen from the arguments of these distinguished Tennesseans that -colonization of the free blacks was to them a pro-slavery, rather than -an anti-slavery, movement. It was pro-slavery in that it made for the -security of slavery, but it was anti-slavery in that, in Tennessee after -1831, emancipation could take place only on the condition of removal from -the state. The prophecy that the negroes would receive the franchise is -interesting in the light of what actually happened. Undoubtedly, the -removal of the free blacks from the United States would have lessened -friction between the North and the South. - -The colonization movement in Tennessee was a failure either as an -abolition or as a colonizing agency. There were only 287 free negroes -sent to Liberia from Tennessee from 1820 to 1866.[77] A few went to -Hayti. Manumission was able to number only 7,300 free negroes in the -state in 1860. Of course, free negroes were constantly leaving the state, -especially after 1831, but not in any considerable number. The greatest -good that came from these movements was the fostering of a humanitarian -spirit toward the negro. - - -FOOTNOTES - -[1] The Knoxville Gazette, January 23, 1797. - -[2] American Historical Review, V, 599. - -[3] Indiana Historical Society Publication, Vol. 12, p. 236. - -[4] Publication of Vanderbilt Southern Historical Society, No. 2, p. 11. - -[5] “We, whose names are hereunto subscribed, having met for the purpose -of taking into consideration the case of the people of color held in -bondage in an highly favored land, are of opinion that their case calls -aloud for the attention and sympathy of Columbia’s free born sons, and -for their exertions in endeavoring, by means calculated to promote and -preserve the good of government to procure for that oppressed part of the -community that inestimable jewel, _freedom_, the distinguishing glory -of our country; without which all other enjoyments of life must become -insignificant. - -“And while we highly esteem the incomparable Constitution of our -country, for maintaining this great truth ‘That freedom is the natural -right of all men, we desire that the feelings of our countrymen may be -awakened, and they stimulated to use every lawful exertion in their -power to advance that glorious day wherein all may enjoy their natural -birthright.’ As we conceive this the way to ensure to our country the -blessings of heaven, we think it expedient to form into a society, to be -known by the name of the “Tennessee Society for Promoting the Manumission -of Slaves” and adopt the following: - - CONSTITUTION - - Article I - - Each member to have an advertisement in the most conspicuous - part of his house, in the following words, viz.: _Freedom_ is - the _natural_ right of _all men_; _I therefore acknowledge - myself a member of the Tennessee Society for Promoting the - Manumission of Slaves_. - - Article II - - That no member vote for governor, or any legislator, unless we - believe him to be in favor of emancipation. - - Article III - - That we convene twelve times a year at Lost Creek - meeting-house; the first on the 11th of the 3rd month next; - which meeting shall proceed to appoint a president, clerk and - treasurer, who shall continue in office for twelve months. - - Article IV - - The requisite qualifications of our members are true republican - principle, patriotic, and in favor of emancipation; and that no - immoral character be admitted into the society as a member.”—P. - of V. S. H. S., No. 2, p. 12. - -[6] The Friends were the moving spirit in the organization of these early -societies. - -[7] The Genius of Universal Emancipation, IV, 184. - -[8] These societies were distributed as follows: 8 in Virginia; 11 in -Maryland; 2 in Delaware; 2 in District of Columbia; 8 in Kentucky; -25 in Tennessee, and 50 in North Carolina. Poole, William Frederick, -Anti-Slavery Opinion before 1800, p. 72. - -[9] The Genius, October 13, 1827. - -[10] P. of V. S. H. S., No. 2, p. 13. - -[11] Article 2, Constitution of the Tennessee Manumission Society. - -[12] Temple, O. P., East Tennessee and the Civil War, 109ff. - -[13] Annals of Congress, 17th Congress, 1st Session, pp. 642 and 709; the -18th Congress, 1st Session, p. 931. - -[14] The Genius, I, 142; Ibid., IV, 66. - -[15] Ibid., I, 173-4. - -[16] This is one of the most important documents in the history of -slavery in Tennessee. The committee reported, “that they have had that -subject (slavery) under examination, and on the first proposition -contained in said petition, to-wit: allowing masters, convinced of the -impropriety of holding the man of color in slavery, to emancipate such, -on terms not involving masters or their estates, provided such slave -offered for emancipation is in a situation to provide for him or herself, -express it as their opinion that it is consistent with the rights of -freemen, guaranteed by the Constitution, to have, and exercise the power -of yielding obedience to the dictates of conscience and humanity. - -“That in all cases where chance or fortune has given the citizen -dominion over any part of the human race, no matter of what hue and -whose reflection has taught him to consider an exercise of that dominion -inhuman, unconstitutional, or against the religion of his country, ought -to be permitted to remove that yoke without the trammels at present -imposed by law. - -“Your committee beg leave to state that, while they feel disposed to -amend the law and guarantee the right, they wish it not to be perverted -to the use of the unfeeling and avaricious, who, to rid themselves of the -burden of supporting the aged slave whose life has been devoted to the -service of such a master would seize the opportunity of casting such on -the public for support. - -“Your committee beg leave further to state that very few cases have -occurred where slaves freed in the State of Tennessee have become a -county charge. - -“Your committee, therefore, recommend an amendment, granting the prayer -of the petition, so far as respects the young healthy slave, not likely -to become a county charge. - -“On the second point, your committee are of opinion that it is worthy the -consideration of the legislature, to examine into the policy of providing -for the emancipation of those yet unborn.... Liberty to the slave has -occupied the research of the moral and philosophical statesmen of our own -and other countries; a research into this principle extends wide into the -evil, whose root is perhaps dangerously entwined with the liberty of the -only free governments. On a subject so interesting, it cannot be improper -to inquire; therefore, as a question of policy, it is recommended to the -sober consideration of the General Assembly. - -“Your committee also advise a provision by law, if the same be -practicable, to prevent, as far as possible, the separating husband and -wife.”—The Genius, I, 71-2. - -[17] The Genius, II, 24. - -[18] This memorial was as follows: - -“The Manumission Society of Tennessee wish to address you again on the -important subject of slavery. In calling your attention to this subject, -in which we feel a most serious concern, we wish to use that sincerity -and candor which become friends travelling through a world of error and -sin, in which they are to make preparation for eternity. We therefore -beg you to pause a moment, and let us compare the principles of slavery, -as it exists among us, with the holy religion we profess, and the divine -precepts of our common Lord. What is our religion? Our Divine Master has -told us, that the most prominent features were, to love the Lord our God, -with all our heart, mind, soul, and strength, and to love our neighbors -as ourselves. And it is also written in His holy book, as a rule of duty, -to honor all and to abound in love one to another. We are also there -taught to consider the whole human race as one family, descended from -the same original parent; and that God made of one blood all nations who -dwell upon the earth. We are also taught, that as all mankind are equally -free, for one man to deprive another of liberty and to keep him in that -condition, is an enormous crime. And he that stealeth a man and selleth -him, or if he be found in his hand, he shall surely be put to death. -Exodus, XXI, 16. The man stealer is enrolled by the apostle amongst the -other notorious criminals. Tim., I, 10. - -“Now let us ask what slavery is, as it stands between Africa, America, -and the Supreme Judge of Nations. Is it not injustice, cruelty, robbery, -and murder, reduced to a practical system? The dreadful answer is, that -hosts of the disembodied spirits of unoffending Africans have taken their -flight to eternity from the dark holds of American slave ships, and their -last quivering groans have descended on high to call for vengeance on -the murderous deed, that stained the earth and ocean with their blood. -When we ask what slavery is, we are answered by the civil wars existing -in Africa—by the thousands slain by the bands of their brethren—by the -captive’s last look of anguish at his native shore—and by the blood and -groans of the sufferers on the seas—by the sighs of men driven like -herds of cattle to market—by the tears that furrow the woe-worn cheek of -sorrow, as oppression moulders down the African’s system.” The Genius, -IV, 73-4. - -[19] The branches were: The Greene Branch, Maryville, Bethesda, Hickory -Valley, Nolachucky, Washington, French Broad, Dumplin Creek, Jefferson -Creek, Holston, Sullivan, Powell Valley, Knoxville, Colter’s Station, -Turkey Creek, Chestoody. The Genius, IV, 204. - -[20] The Genius, IV, 185. - -[21] Ibid., VI, 160. - -[22] Ibid., VII, 194. - -[23] The Genius, VIII, 93. - -[24] Minutes of American Convention for 1828, p. 27. - -[25] The Genius, XI, 3. - -[26] The Genius, I, 173. - -[27] Tennessee History Magazine, I, 272. - -[28] The Genius, IV, 69. - -[29] Goodspeed, 802. Cf. The Genius, VI, 177, which gives the following -trustees: George Flower, James Richardson, Frances Wright, Camilla -Wright, and Richardson Whitbey. - -[30] Goodspeed, 802. The trustees consisted of General Lafayette, William -McClure, Robert Owen, Camille Wright, Cadwallader, D. Flanary, and James -Richardson, who, together with their successors were to hold these lands -in perpetual trust for the negro race, and were subject to the following -limitations: - -(1) A school for colored children was always to be maintained. - -(2) All slaves emancipated from the society were to be sent out of the -United States. - -(3) The Trustees were never to let their number fall below five, three of -whom should constitute a quorum. - -(4) Coadjutors, with unanimous consent of trustees, might be appointed, -if they had lived six months on the lands of Nashoba. - -[31] Goodspeed, 803. - -[32] The Genius, VI, 177. - -[33] The Genius, V, 366. - -[34] Goodspeed, 821. - -[35] The Genius, IV, 77. - -[36] Ibid., 76. - -[37] Ibid., 77. - -[38] The Genius, IV, 143. - -[39] Ibid., 77. - -[40] Goodspeed, 670. - -[41] The following recommendations were made in substance: - -1. That all the manumission societies in the United States proclaim it as -the Christian American Jubilee. - -2. That the different societies encourage the keeping of the day, as a -Jubilee, by publishing essays, songs, etc., showing the utility thereof. - -3. That those societies celebrate the Fourth of July, next, with -preaching, prayer, and singing as a Christian Jubilee. - -4. That those who are sensible of the evil of slavery, form themselves -into Christian Manumission Societies, excluding slaveholders from their -number. - -5. That they send forth missionaries to preach the acceptable year of the -Lord to slaveholders. - -6. That all these societies establish a correspondence with each other -through the Genius of Universal Emancipation. The Genius, IV, 143. - -[42] Minutes of the American Convention for 1826, p. 48. - -[43] Tennessee History Magazine, I, 276. - -[44] Niles Register, XIV, 321. - -[45] “We wish you, therefore, to know, that within our bounds the public -sentiment appears clearly and decidedly in your favor, and that the -more vigorously and perseveringly you combine and extend your exertions -on the plan you have adopted, the more you are likely to be crowned -with the approbation of the people as well as with the higher rewards -of doing good. While, then the heralds of salvation go forth in the -name and strength of their Divine Master, to preach the Gospel to every -creature, we ardently wish that your exertions and the best influence of -all philanthropists may be united, to ameliorate the condition of human -society, and especially of its most degraded classes, till liberty, -religion, and happiness shall be the enjoyment of the whole family of -man.” Tenth Annual Report of American Colonization Society, 67-8. - -[46] Fifth Annual Report of American Colonization Society, 119. - -[47] Minutes of the American Convention for 1825, p. 18; Eighth Annual -Report of American Society for Colonization of the Free People of Color, -p. 39. - -[48] Eighth Annual Report of American Society for Colonization of the -Free People of Color, p. 29. - -[49] The Genius, IV, 66. - -[50] Ibid., 67. - -[51] Tenth Annual Report of American Colonization Society of the Free -People of Color, 1827, 61-2. - -[52] Twelfth Annual Meeting of American Colonization Society, 1829, 65. - -[53] African Repository, VI, 75. - -[54] American Colonization Society Report, VI, 178. - -[55] African Repository. VI, 75; Ibid., V, 378. - -[56] American Colonization Society Report, VI, 178; Auxiliaries at -Bolivar, Somerville, Memphis, Covington, Jackson, Paris, Clarksville, -Columbia, Shelbyville, Winchester, Murfreesboro, Gallatin, Knoxville, -Marysville, New Market, Jonesboro, and Kingsport. - -[57] Tenth Annual Report for American Society for Colonizing the Free -People of Color, 1829, p. 61. - -[58] African Repository, VI, 76. - -[59] African Repository, V, 378. - -[60] Ibid., 379. - -[61] Ibid., VI, 276. - -[62] Ibid., VII, 145. - -[63] Ibid., 313. - -[64] Ibid., IX, 282; Niles Register, Vol. 45, p. 182. - -[65] Acts of 1833, Ch. 64, Sec. 1. - -[66] The Nashville Banner, October 15, 1833. - -[67] Petitions to the Legislature, 1832-33. State Archives. - -[68] African Repository, XXII, 39. - -[69] Ibid., XXV, 28. - -[70] Constitution of the Society, Art. 2; African Repository. XXIV, 272. - -[71] African Repository, XXIV, 288. - -[72] Acts of 1850, Ch. 130, Secs. 5 and 8. - -[73] He quoted from “the celebrated Texas letter of Robt. J. Walker -published in 1844,” which estimated “that according to the rate of -increase from 1790 to 1840, there would be in the six states of New York, -Pennsylvania, New Jersey, Ohio, Indiana, and Illinois alone, no less than -400,000 free blacks in 1853; 800,000 in 1865; and 1,600,000 in 1890. The -number of free blacks in the slave states is even greater than in the -free states.” This great number of free blacks will have a powerful moral -influence for good or evil upon every interest in the country. - -“I refrain from pursuing the subject further. I will not look to that -dark but not distant future, when in some of the largest of the free -states, this population shall have grown powerful in numbers, demanding -the elective franchise, and when perhaps political parties, in the frenzy -of their excitement shall bid for their influence and make them a power -in the State. They may hold the balance of power in these larger States, -and through them in the Union. With all their capacity for mischief, -through the mistaken sympathy they are calculated to inspire for the -slave of the South, it is impossible to estimate the amount of discord -and of injury they must inevitably produce among the states.” - -[74] Annual Report of American Colonization Society for 1852, 62-65. - -[75] American Historical Magazine, IX, 275. - -[76] “For, sir,” said he, “the day is not far distant, when, instead of -scores of tons, there will be hundreds and thousands of tons, floating -from the shores of Africa to every country upon the face of the habitable -globe. Your report tells us that the agriculture of Liberia is already -in a flourishing condition, and that manufactures, to some extent, are -springing up in the country.” Annual Report of American Colonization -Society for 1860, 28-9. - -[77] Annual Report of the American Colonization Society for 1867, p. 56. - - - - -CHAPTER V - -RELIGIOUS AND SOCIAL ASPECTS OF SLAVERY - - -The Protestant churches in America approached the question of -Christianizing the negro very cautiously. There were several reasons for -this attitude.[1] It was generally believed that paganism was the basis -of slavery, that a Christian slave was a paradox, that Christianizing the -slave would destroy his humble qualities and lessen his economic value, -that it would add an element in the cost of maintaining the institution, -that an idea of equality prevailed in the slave’s attending church and -participating in communion with the master, and that this idea would -add to the difficulty of governing him. Of course, there was the social -relation that came into the problem that was very obnoxious. It was -unpleasant to commune with a freshly imported brother from Africa; even a -Stowe, or a Garrison would likely have hesitated. - -The church, being a human institution, could not disregard its -environment. It worked its way out of all the complexities of the -situation, its position varying somewhat as to section and as to sect. -With the exception of the Friends, there was very little difference -in the attitude of the Protestants toward slavery, until after the -Revolution. They were, in general, anti-slavery in sentiment, were -willing to baptize slaves and receive them into the church. The Friends -in this early period were the only religious body in America that saw any -inconsistency in Christians holding slaves.[2] There were a great many -slave communicants in all the churches prior to the Revolution.[3] - -The general background can be made a bit more specific for Tennessee -by particular reference to the relation of the churches to slavery in -Colonial North Carolina since this was the parent state of Tennessee. -The Lord Proprietors in the Fundamental Constitution of 1663 declared -that conversion did not free nor enfranchise the negro.[4] This provision -was kept in the new constitution of 1698.[5] It is noticeable here -that this was primarily a political question—a question of freedom and -suffrage—a question of state, not of church. The state was declaring -its right to state the effect of conversion on the slave. It is well to -note this point in the beginning, because the splits and schisms in the -various churches in the period immediately preceding the Civil War came -up over this point. James Adams, a clergyman, of the Episcopal Church -of North Carolina, declared in 1709 that the masters would “by no means -permit (their slaves) to be baptized, having a false notion that a -Christian slave is by law free.”[6] - -This attitude of the slaveholders did not last long in North Carolina, -because Rev. Marsden in 1735 speaks of baptizing at Cape Fear “about -1300 men, women, and children, besides some negro slaves.”[7] In 1742 a -missionary speaks of baptizing nine negro slaves.[8] Through a series of -missionary reports, it is noticeable that, as the idea becomes fixed, -that baptism does not free the slaves nor give them the suffrage, the -number of baptized blacks increases. In 1765, a report speaks of 40 -blacks that were baptized[9]; another report, 46;[10] and a third, -51.[11] In 1771 a report states that 65 were taken into the church and -in 1772 a Rev. Taylor states that in thirteen months he had baptized 174 -whites and 168 blacks. - -The attitude of the Protestant churches on slavery depended very largely -on the strength of their organic connection with the South. All the -churches that were strong in the South preserved a compromise policy so -long as it was possible. The Congregational and Unitarian churches, being -Northern only, could without friction readily become anti-slavery. The -Episcopal church was primarily a Southern church and was made up of the -slaveocracy of the South. It remained more indifferent toward slavery -than any of the other churches.[12] It is my purpose now to make a study -of the anti-slavery activities of these churches in Tennessee in the -order of the effectiveness of their work. - - -I. THE METHODISTS. - -Methodism came to America in 1766.[13] There were two wings of it -from the beginning. Wesleyan Methodism in Maryland and New York was -anti-slavery, while Whitefield Methodism in Georgia was pro-slavery.[14] -Methodism spread rapidly from these centers and became national in its -organization by 1773, when the first General Conference was held at -Philadelphia.[15] - -The anti-slavery history of Methodism may be divided into the following -periods: 1766-1784, a period in which there was a growth of anti-slavery -feeling in the church that reached a high water mark in 1784; from 1784 -to 1816, a period of reaction, culminating in the compromise law of 1816; -from 1816 to 1836, a period of practically no change in legislation, -although the church in the North was becoming more anti-slavery in -sentiment, and in the South, more pro-slavery; from 1836 to 1844, a -period of conflict with 1840 as the date of the greatest compromise; from -1844 to 1860, the period of two branches of Methodism. - -A brief characterization of these periods forms a fitting background for -the anti-slavery history of Tennessee Methodists: - -A. From 1776 to 1784. This was a period of little dissension on the -slavery question.[16] It was characterized by an increasing anti-slavery -feeling, expressing itself first in 1780[17] and more effectively in -1784, when the Baltimore Conference enacted a general code of regulations -for both laymen and preachers, prohibiting “the buying or selling -the bodies and souls of men, women or children with the intention of -enslaving them,”[18] and requiring abolition of the slaves of its members -within one or two years. This was to be done, however, conformably to the -laws of the various states. This was the high water mark of anti-slavery -Methodism. - -B. From 1784 to 1816. This period is marked by concession to -slaveholders, finally ending in the adoption in 1808 of the policy of -letting the annual conferences regulate slavery.[19] The church here -definitely recognized that it could not enforce requirements upon -its members in violation of the civil laws of the states. This really -amounted to a split in the church on this question, because it meant the -establishment of two policies, one conformable to the free states of the -North, and the other to the slave states of the South. This change in the -policy of the church was a victory for the slaveholders. - -C. From 1816 to 1836. The conference of 1816 adopted the famous -compromise law by which slaveholders in free states could not be officers -in the church. This prohibition did not apply to the slave states.[20] -The conference of 1836 with absolutely no dissent expressed a determined -opposition to abolition.[21] - -D. From 1836 to 1844. During this period the anti-slavery forces were -organizing to break the grip of the slaveocracy of the church. In 1840, -the pro-slavery forces registered their greatest victory in the history -of the struggle. The result was the secession of 1842 and the formation -of the Wesleyan Methodist Church of America at Utica, New York in 1843, -with a non-slaveholding membership.[22] It was now seen that the church -could no longer pursue a compromise policy. The annual conferences -began to adopt resolutions condemning either anti-slavery fanatics or -slaveholding thieves. It was now impossible for officers of the church to -be administrators in sections of the country with which their views on -slavery did not agree. - -E. From 1845 to 1860. It was early seen that the General Conference of -1844 would likely divide on the question of slavery. The contest of 1844 -related to Bishop Andrews, whose wife was a slaveholder, and ended in -the passing of the Finley Resolution by the decisive vote of 110 to 68, -deposing Bishop Andrews from the Episcopacy,[23] although he had violated -no law of the church.[24] The Southern delegates attempted in vain to -have this action of the conference interpreted as merely advisory in -character.[25] - -The general conference of the church finally agreed to its reorganization -under two general conferences. This plan was accepted almost unanimously, -and led to the organization of the Methodist Episcopal Church, South, at -the convention of the delegates of the Southern Methodist churches in -Louisville, Kentucky, in 1845.[26] - -The purpose of this brief sketch of the anti-slavery history of Methodism -in general is, first, to give a reflection of Tennessee Methodism, which, -like that in the nation generally, was divided on the slavery question; -and, secondly, to form a background for a comparative study of Tennessee -Methodists in particular. - -The Methodists were among the pioneers of Tennessee, when it was -customary to attend church with the shot-pouch well filled and the rifle -in trim. Among their pioneer preachers were Jeremiah Lambert, who came -to Holston circuit in 1783, Rev. Benjamin Ogden, who in 1786 carried -Methodism to John Donelson’s settlement on the Cumberland, and Rev. John -McGee, who arrived in Tennessee in 1798.[27] The Methodists were leaders -in the famous revivals from 1800 to 1810.[28] - -In 1797, one-fourth of the membership of the Methodist church was -negroes. Of the 11,280 negroes in the church in 1797, 10,824 were in -the Southern States. There were 42 slaves in the Methodist church in -Tennessee in 1797.[29] - -The Tennessee Methodists were a part of the Kentucky conference until -1801, and were strongly anti-slavery, because only the mountainous -portion of these states was settled at this time. In 1801, Tennessee -became a part of the Western Conference, and remained so until 1812. -It was in the first meeting of this conference in 1808 that Tennessee -Methodists first expressed themselves on the question of slavery.[30] - -It will be remembered that the General Conference of 1808 gave the annual -conference the power to legislate on the question of slavery.[31] In -accordance with this plan, the Western Conference, which met at Liberty -Hill, near Nashville, Tennessee, in 1808, took the most drastic action -against slaveholding to be found in the annals of Methodism. This -conference instructed the Quarterly Conference to summon before them -all persons speculating in slaves and expel from the church those found -guilty. It further declared that any member of the church “who should -buy or sell a slave unjustly, inhumanly, or covetously,” was subject -to excommunication.[32] This rule of the conference prevailed until -1812.[33] Some of the presiding elders and circuit riders were even more -strongly anti-slavery than was the conference. Rev. James Axley and Rev. -Enoch Moore refused to license slaveholders to preach, or even to grant -them the privilege of exhorting or leading in prayer. They denounced -slaveholders as thieves and robbers. - -The Tennessee Conference, which was a division of the Western Conference, -held its first annual meeting at Fountain Head, Tennessee, in 1812. -This conference made some interesting changes in the regulations for -slaveholders that remind one of the compromise policy of the general -conferences.[34] The phrase, “unjustly, inhumanly, and covetously,” used -by the conference of 1808 with reference to the buying and selling of -slaves, was changed to “justice and mercy.” The slaves of officers of the -church were to be emancipated when practicable.[35] - -An elaborate system of trial for violations was established. The -quarterly conference was made the court of first instance. If the -president of this conference differed from the majority, he could refer -the case to the annual conference, or the accused could appeal his -case to the annual conference. At this conference, a slaveholder made -application to preach, but he was not admitted to the ministry until he -had given security that he would emancipate his slaves as soon as it was -practicable.[36] - -The conferences of 1813 and 1814 did not raise the question of slavery, -but in 1815, the conference held at Bethlehem Meeting House in Wilson -County, Tennessee, adopted a policy with the laws of the states. This was -simply a recognition of the fact that the church should not undertake to -control civil matters. The committee on slavery made the following report: - - We most sincerely believe, and declare it as our opinion, that - slavery is a moral evil. But as the laws of our country do not - admit of emancipation without a special act of the Legislature, - in some places, nor admit of the slave so liberated to enjoy - freedom, we cannot adopt any rule by which we can compel our - members to liberate their slaves; and as the nature of cases in - buying and selling are various and complex, we do not think it - possible to devise any rule sufficiently specific to meet them. - But to go as far as we can, consistent with the laws of our - country and the nature of things, to do away with the evil, and - remove the curse from the Church of God, it is the resolution - of this conference that the following resolutions shall be - adopted: - - “1. If any member of our Society shall buy or sell a slave - or slaves in order to make gain, or shall sell to any person - who buys to sell again for that purpose, such member shall be - called to an account as the Discipline directs, and expelled - from our Church; nevertheless, the above rule does not affect - any person in our Society, if he or she make it appear that - they bought or sold to keep man and wife, parents and children, - together. - - “2. No person, traveling or local, shall be eligible to - the office of a deacon in our church, unless he assures us - sentimentally, in person or by letter, that he disapproves - slavery and declares his willingness and intention to execute, - whenever it is practicable, a legal emancipation of such slave - or slaves, conformably to the laws of the State in which he - lives.”[37] - -This report was adopted and ordered to be copied into the Steward’s Book -of the Circuit. - -The Conference of 1817 dealt very extensively with slavery.[38] It -made provision for the buying and selling of slaves. It prohibited -the selling of slaves into perpetual bondage on penalty of forfeiture -of membership in the church. The quarterly conference was given the -power to regulate the term of slavery for which a member of the church -could sell his slave. The preacher of each congregation was empowered -to appoint a committee of three to judge of the length of service -that slaves purchased by members could be required to render. All of -these requirements were conditioned on practicability, the consent of -the state, violation of justice and mercy, and assumption of financial -responsibility against charge of emancipated slaves. The conditions -of the execution of these regulations show what a travesty the whole -procedure was. - -The case of Hardy M. Cryer, which came before the conference of 1817, -illustrates the difficulty that the church faced in trying to enforce -its policy. Mr. Cryer was secretary of the conference of 1817. He had -failed to emancipate his slaves according to a promise made the previous -conference. He had in the meantime bought a negro boy. He was able to -make satisfactory explanation of his conduct to the conference, and was -appointed elder. In other words, he was able to show the conference that -his conduct had been consistent with “justice and mercy” and that its -requirements as to emancipation were “impracticable.”[39] - -One of the most eminent of Tennessee historians made the following -comment on the action of the church in the conference of 1817: - - Such was the legislation of a body of ministers with reference - to a subject over which they had no control, provided the laws - themselves did not admit of emancipation, which they themselves - assumed to be the fact. Hence, the adoption of a proviso which - in every case, taking things as they were, either nullified the - rule or made it easy for a member or a minister to retain his - slaves; for whenever he determined to own slaves it was easy - to make it appear that it was in accordance with justice and - mercy to retain those already in possession, or that under the - law it was impracticable to set them free. Such legislation - would seem to be sufficiently absurd, but it is amazing that - an intelligent body of men should gravely attempt to compel a - preacher or member to emancipate a slave at an expiration of a - term of years after having surrendered ownership and control - of same. The only theory conceivable that can relieve the - conference of the accomplishment of a solemn mockery is the - supposition that they, having confidence in the justice of - the future, must have believed themselves to be anticipating - civil legislation—that the legal emancipation of the slave was - an event which the immediate future must produce. However, - the attitude of the conference on this subject is of great - historical value, bringing into clear relief, as it does, the - strong conviction of the Methodist body of Christians that - slavery was a great moral evil, the existence of which was - deplorable, and to be opposed by every means attached to which - there was any hope of its gradual abolishment.[40] - -The conference of 1818, which met at Nashville, repealed the regulations -of the conference of 1817, and decided that the “printed rules on -slavery, in the form of discipline” was full and sufficient on that -subject.[41] - -The conference of 1819 also met at Nashville and decided “that no man -who is known to hold slaves is to be admitted to the office of deacon -or elder.”[42] Peter Burum and Gilbert D. Taylor, who were recommended -for admission to the ministry, were rejected by this conference because -they were slaveholders.[43] Several applicants for deacon’s orders were -rejected for the same reason. - -The conference of 1819 witnessed a determined contest between the -pro-slavery and anti-slavery forces, caused by an accusation made by -Peter Cartwright,[44] that a number of ministers in the state were -“living in constant violation of the discipline of the church.”[45] Felix -Grundy and Andrew Jackson represented the two factions. “The discussion -of the subject of slavery,” said Peter Cartwright, “worked up some bad -feeling, and as we had at this conference to elect our delegates to the -general conference which was to hold its session in Baltimore in May, -1820, these slaveholding preachers determined to form a ticket to exclude -every one of us who were for the Methodist Discipline as it was, and is -to this day. As soon as we found out their plans we formed an opposite -ticket, excluding all advocates of slavery, and we elected every man on -the ticket.”[46] - -Sixteen local preachers filed the following protest against the action of -the conference in refusing to admit slaveholders to the office of deacon -or elder: - - We deprecate the course taken as oppressively severe in itself - and ruinous in its consequences, and we disapprove of the - principle as contrary to and in violation of the order and - discipline of our church. We, therefore, do most solemnly, and - in the fear of God, as members of this conference, enter our - protest against the proceedings of the conference as it related - to the above-mentioned course and principle.[47] - -This protest was supported by the slaveholders, and laid before the -general conference in 1820, but no definite action was ever taken on -it.[48] - -The period from 1819 to 1824 was a transition period to some extent. -There was no important action by any of the conferences during this -period. Rev. John Johnson in 1820 proposed that the church recognize -slavery as a municipal institution and try to humanize it.[49] This was -the position that most of the churches had already taken on slavery. The -struggle over slavery in Missouri revealed the earnestness of the forces -on both sides. Anti-slavery leaders began to leave the state. Among the -Methodists were Wesley Harrison, an influential layman, who went to Ohio; -James Axley, a presiding elder; and Enoch Moore, a strong anti-slavery -preacher.[50] It was in this period, says McFerrin, that “the church came -to a standstill, and was in a measure paralyzed and powerless for good. -As a means of averting greater evils, and saving the church if possible, -colonization and emancipation societies were formed, and it was believed -by many that such organizations did a great deal to prevent a serious -rupture in the church till the storm passed over.”[51] - -The conference of 1824, in response to a memorial on slavery presented -by the Moral and Religious Manumission Society of West Tennessee, -declared “that slavery is an evil to be deplored and that it should -be counteracted by every judicious and religious exertion.”[52] It -is noticed that while slavery was condemned as an evil, it was to be -handled “judiciously.” What did “judiciously” mean in the eyes of the -slaveholders? “This resolution,” says McFerrin, “was proposed by -two members, who themselves or their parents were slaveholders.”[53] -Evidently, this was a modified attitude of the church. “What a -misfortune,” says McFerrin, “that this sentiment had not always obtained, -treating the matter in a religious manner, and not intermeddling with it -as a civil question.”[54] - -From 1824 to 1834 was a period of growth of pro-slavery sentiment in -Tennessee. Anti-slavery workers from all denominations left the state. -Manumission societies died. The colonization movement was a failure. -Abolition literature was discontinued. Exclusion policy was adopted in -1831.[55] Slaveholders began to advocate preaching to the slaves, and -made heavy contributions for this purpose. Separate negro churches were -established after the master ceased to be suspicious of the preachers, -and missions were established among the slaves at the expense of the -masters. “Owners of large plantations,” says Harrison, “coming to the -knowledge of this change in the disposition of the Methodist preachers, -and finding many of them following the example of the illustrious bishop, -then Mr. Capers, and seeing the good effects produced by the preaching -to the negroes on the plantations of their neighbors, ultimately gave -their consent to permit their slaves to hear the gospel from the lips of -capable white missionaries.”[56] - -The Methodist Church had always had slave members in it. In 1791, -there were 12,844; in 1803, there were 22,453, most of whom were in -the South.[57] In 1824, there were 1749 negro members in the Methodist -church in Tennessee; in 1840, there were 8,820; and in 1846, there were -18,122.[58] Following the lead of the missionary movement to slaves begun -by Bishop Capers in 1829,[59] the Tennessee annual conference of 1832 -established two missions to which were sent Thomas M. King and Gilbert -D. Taylor. By the close of 1832 these missions numbered 190 members.[60] -Missionary work among the slaves in Tennessee expanded conservatively -until 1844. By 1839, Tennessee had nine missions with 2,316 members and -ten missionaries, and was paying $2,700 to missions among the slaves.[61] - -Some very strong preachers developed among the slaves. Probably the -greatest negro preacher in all Methodism, if not in all Christendom, -was Pompey. He was probably a native of Africa, and in his youth was a -slave of Rev. N. Moore, brother-in-law of Bishop McKendree. He traveled -as a servant with Rev. Moore, and at one of his revivals was converted. -He then became interested in the Gospel, and soon learned to read. He -gave close attention to his master’s sermons and sometimes suggested -improvements. “He ventured to tell his master one day,” says Rev. H. -H. Montgomery, “that he felt, or believed, he could have made a better -sermon than he did the day before. ‘Pomp, do you think you could preach?’ -‘Yes, master, I have felt and thought a great deal about it.’ ‘Then, -Pompey, you shall preach tomorrow.’ He preached the next day and his -master thought so well of the sermon that he set Pompey free.”[62] - -Pompey studied the Scriptures very closely, and became able to quote -freely from them. He was a very popular preacher to both whites and -blacks. He preached in both Tennessee and Mississippi. Rev. Montgomery -gives the following account of his preaching: - - The first time I remember to have seen him was in the - Christmas holidays of 1832. The weather was very cold, but - the congregation was so large that old “Center” church could - not hold the people by one-half. So they adjourned to the - campground, where the vast congregation listened attentively to - an evangelical and powerful sermon for an hour from him. I was - a boy of thirteen years, but a very deep impression was made - on my mind. He related the circumstances of his awakening, - repentance, and conversion. There seemed to be scarcely one - that was not weeping. And when he described the simplicity - of that faith by which he received pardon and salvation, and - the great change of heart and feeling which he realized, and - everything was new—so new that he could hardly realize that it - was Pompey, till he looked at his hands and felt of his wool, - and found it was Pompey’s skin and Pompey’s wool, but it was - Pompey with a new heart—there was a burst of glory and praise - that went up from many of that congregation.[63] - -There were, in the state, other negro preachers of unusual ability, among -them Emanuel Mark of Fayette County. He was given a pass by his master to -preach anywhere. He preached to both white and black. Silas Phillips of -La Grange, Tennessee, was another remarkable negro preacher. Simeon Hunt -was also a negro preacher of wonderful eloquence.[64] - -After the defeat of the anti-slavery forces in 1834, it was recognized -that slavery was a fixed institution in society, and that it would -require violence to overthrow it. The Methodists had gradually been -reaching this conclusion. It was easy for them, therefore, to adopt a -slightly different attitude toward it. Their position was well phrased -by Dr. A. L. P. Green, who said he favored the institution, “when it -was properly controlled, and regarded it as a blessing to the slave. -He believed the negro incompetent and unfitted for self-government, -and hence a wise, good master was a necessity.”[65] The Methodists -were forced either to adopt this attitude or see the slaveholders -withdraw their slaves to churches whose attitude toward slavery was -more favorable. The missionary spirit of the church saw that the -slaves offered a great field for domestic missions, and the Christian -slaveholder came to be regarded as a blessing.[66] - -The eleven delegates from the three conferences in Tennessee—Holston, -Tennessee, and Memphis—to the general conference in 1844, sharing the -above feeling, voted solidly against the Finley Resolution. These -annual conferences at their next meeting sustained the action of their -delegates. The Holston conference said, “That our delegates to the last -General convention merit the warmest expression of our thanks, for their -prudent, yet firm, course in sustaining the interests of our beloved -Methodism in the South.”[67] The Tennessee conference said, “That we do -most cordially approve the course of our delegates, in the late general -conference.”[68] The Memphis conference said, “That we do heartily -approve the entire course pursued by our delegates at the late general -conference.”[69] These resolutions also demanded that the convention at -Louisville establish a coördinate branch of Methodism under a general -conference in accordance with the plan adopted by the conference of 1844, -“and, in so doing,” they said, “we positively disavow secession, but -declare ourselves, by the act of the general conference, a coördinate -branch of the Methodist Episcopal Church.”[70] - -Tennessee Methodists sent twenty-two delegates to the Louisville -convention of 1845.[71] They voted for the following resolution, which -the conference adopted without a dissenting vote, as its interpretation -of the law of the church on slavery: - - That under the provisional exception of the general rule (or - law) of the church, on the subject of slavery, the simple - holding of slaves, or mere ownership of slave property - in states or territories where the laws do not admit of - emancipation and permit the liberated slave to enjoy freedom, - constitutes no legal barrier to the election or ordination of - ministers to the various grades of office known in the ministry - of the Methodist Episcopal Church, and cannot, therefore, be - considered as operating any forfeiture of rights, in view of - such election and ordination.[72] - -After the organization of the Southern branch of Methodism, strong -efforts were made along the border conferences to induce them to go -with the Northern branch. The Holston Conference, which included East -Tennessee, with only one dissenting vote, resolved to cast its lot with -the new organization. This one dissenter later joined the M. E. Church, -South.[73] There was no question of loyalty in the other conferences. -There were Methodists throughout the state who still adhered to the “Old -Church.” Even in West Tennessee, in certain counties there were strong -organizations of the “Old Church” that still persist. - -The Southern Methodists increased their activities among the slaves -after 1845. The slaveholders were now assured that no insurrectionary -doctrines would be taught to their slaves. “Masters and mistresses, -even little children,” says Harrison, “helped with the work.”[74] In -1846, the Southern Methodists had 29 missions in Tennessee with 7,100 -members in charge of 34 missionaries who received $7,762;[75] in 1863 -there were 41 missions with 5,947 members in charge of 39 missionaries -receiving $11,748.46.[76] The difference in the attitude of the Methodist -slaveholders after the organization of the Southern church is shown by -the fact that from 1829 to 1844 Tennessee Methodist spent $23,208.01 on -slave missions, but from 1844 to 1864 they spent $213,736.62.[77] The -Southern Methodists numbered 18,122 negro members in 1846;[78] 18,045 -in 1848;[79] 18,940 in 1850;[80] 18,748 in 1842; 19,239 in 1860.[81] -From 1860 to 1864 there was a gradual loss of negro membership, due, of -course, to the various influences and tendencies of the war period.[82] -Some of the conferences did not meet regularly during the war, and some -met in other states. The statistics are incomplete and inaccurate.[83] - -The interpretation of the laws of the church on slavery remained -unchanged to 1858. In that year, the General Conference of the M. E. -Church, South, met in the House of Representatives at Nashville, with -151 accredited delegates. This conference declared “that slavery is not -a subject of ecclesiastical legislation. It is not the province of the -church to deal with civil institutions in her legislative capacity.... -We have surrendered to Caesar the things that are Caesar’s, and holding -ourselves to be debtors to the wise and the unwise, the bond and the -free. We can now preach Christ alike to master and the servant, secure in -the confidence and affection of the one and the other.... The salvation -of the colored race in our midst, as far as human instrumentality can -secure it, is the primary duty of the southern church.”[84] They struck -from their Discipline at this meeting by a vote of 140 to 8 the rule -forbidding “the buying and selling of men, women, and children, with -intention to enslave them.”[85] - -The social side of the relations of the two races in their religious life -is very interesting. The two races came very close together. The negroes -were called together by a horn or a bell once a day for family prayer in -which the master, mistress, and the children participated. Sometimes the -master conducted the services, and sometimes a slave would do it. Slaves -sang at these services, and frequently became so religious as to embrace -their master and mistress before the close of service. In their religious -life, slaves became little children indeed. - -On Sunday as a rule, the slaves attended church with the white folks. -They either sat in the galleries or had a special portion of the church -set apart for them. They were given the communion after the white people -had been served. There was usually in the afternoon on Sunday a special -service for the slaves, conducted by the pastor of the church, and there -was generally a separate business meeting for the slaves. At these -separate services, the slaves practically had charge. Their own leaders, -exhorters, and preachers were merely directed by the white pastor. It -was in these meetings that they received their greatest training and had -their truest religious experience.[86] - -Few men knew the negro so well as the Methodist preacher, or did so much -to elevate his character. He presided at their church trials, of which -one of their number was secretary. He was the general umpire to whom all -their church difficulties were referred. He baptized them, married them, -visited them in their cabins, comforted them in their distress, prayed -with them when on beds of sickness, was their counsellor, friend, and -spiritual guide, and he preached their funerals when they died.[87] - -The Methodist people did more for the negro than any other denomination, -whether for abolition or for their general improvement. Peter Cartwright -once said that the Methodist Episcopal Church had “been the cause of -the emancipation of more slaves in these United States than all other -religious denominations put together.”[88] “It is a notorious fact,” -said Cartwright, “that all the preachers from the slaveholding states -denounced slavery as a moral evil; but asked of the General Conference -mercy and forbearance on account of the civil disabilities they labored -under so that we got along tolerably smooth. I do not recollect a single -Methodist preacher at that day that justified slavery.... Methodist -preachers in those days made it a matter of conscience not to hold -their fellow creatures in bondage, if it was practicable to emancipate -them, conformably to the laws of the state in which they lived. -Methodism increased and spread, and many Methodist preachers, taken from -comparative poverty, not able to own a negro, and who preached loudly -against it, improved and became popular among slaveholding families, -and became personally interested in slave property. They then began to -apologize for the evil; then to justify it, on legal principles; then on -Bible principles.”[89] - - -II. THE BAPTISTS. - -The Baptists were among the original settlers in Tennessee. They were -strong in North Carolina by 1750,[90] and by 1780 were coming into -Tennessee from both Virginia and North Carolina in great numbers.[91] -They settled in the Holston country and on Boone’s Creek, but they -were not so numerous in these early days as the Presbyterians and -Methodists.[92] In 1784 there were 400 Baptists in Tennessee; 900 in -1792, and 11,325 in 1812. - -The Baptists were anti-slavery in the early period of American history, -just as were the Methodists. 1783 the Baptists said: - - It is the duty of every master of a family to give his slaves - liberty to attend the worship of God in his family, and - likewise it is his duty to convince them of their duty; and - then to leave them to their own choice.[93] - -In 1789 John Leland proposed the following resolution in the Triennial -Convention, which was adopted: - - Resolved, That slavery is a violent deprivation of the rights - of nature, and inconsistent with a republican government, and - therefore recommend it to our brethren, to make use of every - legal measure to extirpate this horrid evil from the land; and - pray Almighty God that our honorable legislature may have it in - their power to proclaim the great Jubilee consistent with the - principles of good policy.[94] - -This protest, while very strong in its declaration, was ineffective. The -Baptists were no exception to mankind as to slaveholding. The Baptists -became slaveholders in large numbers, and adopted the policy that it was -the work of the church to mitigate slavery into a humane institution.[95] - -The Baptists were more successful in adding negroes to the church than -any other denomination. There are more negroes in the Baptist church -today than in all other churches combined. One out of every five Southern -negroes is a Baptist.[96] In 1813, there were 40,000 negro Baptists, -mostly in the South, among whom were a great many negro preachers and -exhorters.[97] - -Among the attractive features of the Baptist faith to the negroes were -immersion, the congregational form of government, which gave them -participation in church meetings, the liberality of the Baptists in -permitting them to preach, and the Baptist method of communion, which did -not discriminate against them.[98] These advantages of Baptism[99] caused -negroes to withdraw from other churches.[100] - -The Baptists despite the advantages that a form of local church -government gave them in handling the slavery question, were not able -to prevent its frequent discussion. It was not so difficult for the -individual congregations to settle the matter by a majority vote and -select a preacher whose views agreed with the majority. But it was -inevitable that the forces that finally united the Southern Methodists -would produce the same effect upon the Southern Baptists. The Southern -Baptists were among the largest slaveholders of the South, and in due -time came to be defenders of slavery, while Northern Baptists became -increasingly anti-slavery.[101] - -That separation was inevitable was evident to many of the leaders, -although both Northern and Southern Baptists tried to relegate slavery -to the background. Rev. Richard Fuller was one of the first to see this -impending division in the church, and he hastened to take steps to -prevent it. He tried to distinguish between the church as an organization -and its membership. In the Triennial Convention of 1844 he secured the -adoption of a resolution to the effect that as a church they should -disclaim all sanction of slavery or anti-slavery, either expressed or -implied, but that as individuals they should have the freedom both to -express and to promote their views on these subjects in a Christian -manner and spirit.[102] - -This was apparently a happy solution of the question, a philosophical way -to handle the problem, but slavery would not down. The incident that most -of all precipitated the organization of the Southern Baptist Convention -was the attitude of the Board of Foreign Missions of the church. This -board, apparently on its own initiative, adopted in 1844 a resolution to -the effect that, - - In the thirty years in which the board has existed, no - slaveholder, to our knowledge, has applied to be a missionary. - And as we send out no domestics, or servants, such an event as - a missionary taking slaves with him, were it morally right, - could not, in accordance with all our past arrangements and - present plans, possibly occur. If, however, anyone should offer - himself as a missionary, having slaves, and should insist on - retaining them as his property, we can never be a party to any - arrangements which would imply approbation of slavery. - -The American Baptist Home Missionary Society in April, 1845, found itself -in the same predicament that the Foreign Missionary Society was facing. -This board said: “We declare it expedient that members shall hereafter -act in separate organizations, at the South and at the North, in -promoting the objects which were originally contemplated by the society.” - -This announcement of policy was regarded by the Southern Baptists -as a violation of the rights of the convention of the church. This -policy was soon put into effect by the rejection of Rev. James E. -Reeves, a slaveholder and applicant to become a missionary.[103] This -was a challenge that was immediately accepted. The Southern Baptists -said: “This is forbidding us to speak to the Gentiles.... We will -never interfere with what is Caesar’s. We will not compromise what is -God’s.”[104] - -The Southern Baptist Convention was organized at Augusta, Georgia, in -the summer of 1845. There were 377 delegates present. They said that “a -painful division has taken place in the missionary operations of the -American Baptists.... They differ in no article of the faith. They are -guided by the same principles of gospel order.”[105] - -The Tennessee Baptists were, like the Baptists as a whole, divided on the -question of slavery. In general, the attitude of the National Triennial -Convention down to 1845 reflects the opinion of Tennessee Baptists. There -are no local histories nor any minutes of local bodies that give us any -insight into the particular feelings of different groups of Baptists in -Tennessee. Tennessee Baptists went with the Southern Convention in 1845, -but there were anti-slavery Baptists scattered throughout the state. - -One of the most noted of the anti-slavery Baptists in Tennessee was -Professor J. M. Pendleton, of Union University, Murfreesboro, Tennessee -(now at Jackson, Tennessee). Professor Pendleton was born in Virginia in -1811. He moved to Kentucky in 1817 and to Tennessee in 1857. He was in -1858 professor of theology at Union, and joint editor with Rev. A. C. -Dayton of the Tennessee Baptist, published at Nashville, and was one of -the editors of the Southern Baptist Review.[106] - -In 1858, Dr. Dawson, editor of the Alabama Baptist, accused him of -being an abolitionist. He was brought before the board of trustees of -Union. Professor Pendleton explained the charge in the following way: “I -suppose he (Dawson) made no distinction between an ‘Abolitionist’ and -‘Emancipationist.’ The latter was in favor of doing away with slavery -gradually, according to state constitution and law; the former believed -slavery to be a sin in itself, calling for immediate abolition without -regard to consequences. I was an Emancipationist ... but I was never for -a moment an Abolitionist.”[107] He frankly stated his views before the -board, and was acquitted.[108] - -The Southern Baptists made special effort to evangelize the slaves after -their separate organization was accomplished. “This department of our -labor,” says the report of 1845, “is increasing in interest every year. -Whenever it is practicable, the missionaries of the board hold separate -services for the special benefit of the slaves. And all bear favorable -testimony to the happy influence of the Gospel upon the hearts and lives -of that people. Their owners are becoming more and more awake to their -special wants. Some are erecting houses of worship on their plantations, -others are making liberal donations to sustain the ministry among -them.”[109] The general proposition of the convention to any local church -was that it would pay half the expense of a mission among the negroes if -the church would pay the other half. In 1855, the Baptists had missions -at Rogersville, Knoxville, Chattanooga, Cumberland Mountains, Huntingdon, -and Memphis.[110] - -The convention of 1859 said: - - Our slaves, too, demand our attention. They form part of our - families, speak our language, are easy of access, and are - impressible beyond any other people. They number more than - three and a half million, and out of this multitude scarcely - more than three or four hundred thousand are professed - Christians.[111] - -The character of the slave converts as given by Rev. Pendleton, seemed -to justify the efforts of the church. He said, “I saw among them in the -days of slavery as pious Christians as I ever saw anywhere. They attended -church, occupied the place assigned them in the meeting-house, and -partook of the Lord’s Supper with their white brethren.”[112] - -The special training that the negroes received in the Baptist church -largely prepared them to establish and manage their own churches. “The -first negro Baptist church in Tennessee,” says Pius, “was the Mt. -Lebanon Baptist Church, organized at Columbia, October 20, 1843.”[113] -This church now has a membership of 200 and property worth $15,000. In -1853, Spruce Street Baptist Church was built at Nashville. Beal Street -Church at Memphis was also one of the early negro churches. - - -III. CUMBERLAND PRESBYTERIANS. - -The Cumberland Presbyterians present the interesting situation of -a church originating in a slave state after slavery was rather -substantially established. This church was organized in Tennessee in -1810 in the log cabin of Samuel McAdoo. Samuel McAdoo, Finis Ewing, -and Samuel King, all ordained ministers of the Presbyterian church, -were the constituent founders of the first Presbytery.[114] Of these -three cofounders, Ewing was a slaveholder, but he soon emancipated his -slaves.[115] - -One would expect this church, born of the environment of slavery, to be -rather mild in its opposition to slavery, if, indeed, not pro-slavery, -but, as a matter of fact, it was strongly anti-slavery. Ewing, after -freeing his slaves, boldly preached against “the traffic in human flesh.” -He said: - - But where shall we begin? Oh! is it indeed true that in this - enlightened age, there are so many palpable evils in the church - that it is difficult to know where to commence enumerating - them? The first evil which I shall mention is a traffic in - human flesh and human souls. It is true that many professors - of religion, and, I fear, some of my Cumberland brethren, do - not scruple to sell for life their fellow-beings, some of whom - are brethren in the Lord. And what is worse, they are not - scrupulous to whom they sell, provided they can obtain a better - price. Sometimes husbands and wives, parents and children, - are thus separated, and I doubt not their cries reach the - ears of the Lord of Sabbath.... Others who constitute a part - of the visible Church half feed, half clothe, and oppress the - servants. Indeed, they seem by their conduct toward them, not - to consider them fellow-beings. And it is to be feared that - many of them are taking no pains at all to give their servants - religious instruction of any kind, and especially are they - making no efforts to teach them or cause them to be taught to - read that Book which testifies of Jesus, whilst others permit, - perhaps require, their servants to work, cook, etc., while the - white people are praying around the family altar.[116] - -He says again, “I have determined not to hold, nor to give, nor to sell, -nor to buy any slave for life. Mainly from the influence of that passage -of God’s word which says, ‘Masters, give unto your servants that which is -just and equal.’” - -Samuel McAdoo, one of the three founders of the church, and a Cumberland -preacher, was a most outspoken opponent of slavery. He did not want -his family through marriage or inheritance or otherwise to become -connected with it. To accomplish this he joined the contingent of -anti-slavery leaders that Tennessee contributed to the Northwest. He -moved to Illinois, where he could preach his convictions without fear and -trembling.[117] - -Some of the early Cumberland preachers, who were very conscientious on -the subject of slavery, wanted to free their slaves, but they did not -believe they could be self-sustaining and independent members of society. -Rev. Ephriam McLean was one of these who decided that he would perform -the experiment of giving his slaves a chance to demonstrate that they -could be self-supporting. He gave his slaves the use of a farm, farming -implements, and live stock adequate for their purposes, and set them free -to work for themselves. In a few years idleness and drunkenness brought -them to suffering, and they begged him to take them back. He did so.[118] - -Rev. Robert Donnel, a Cumberland minister, inherited slaves. He taught -his slaves the Scriptures and called them to family prayer daily. He -wanted to free his slaves, but they did not wish freedom, because they -did not want to go to Liberia. The free states at the North did not want -them. He could not drive them to Africa. The state would not let him free -them unless he sent them outside of it, so he did not know how to dispose -of them.[119] - -Southern anti-slavery men would buy the slaves of their own brothers to -keep them from being sold separately to pay their debts. Such men would -intend to emancipate these slaves, but they would soon discover that the -slaves had rather die than be sent to Canada or Africa. They remained -slaveholders because they had a real interest in negroes. In 1855, Dr. -Beard, a leading Cumberland Presbyterian minister, said, “the longer I -live the more deeply I regret that I ever became involved in it. My heart -always hated it, and now loathes it more and more every day.”[120] - -Not only were the leading ministers in the Church anti-slavery, but -the literature of the Church denounced slavery, and the legislation of -the Southern States. The Revivalist, a Cumberland paper published at -Nashville from 1830 to 1836, speaking of legislation of South Carolina -upon slavery, said: “Such acts are foul blots upon the records of a free -people, which our posterity will blush to behold. They are not only -unjust and cruel but actually impolitic.” - -“The extensive slaveholder,” said the Revivalist, “is at too great -a remove from the slave to learn the workings of his mind and the -feelings of his heart. There is no contact of feeling, no interchange -of sympathies between most Southern planters and their servants. They -govern, control, and direct their slaves by proxy; and too many masters -are dependent upon their representatives of heartless overseers for a -knowledge of the character and disposition of their own slaves. Southern -planters, who govern by proxy, are, therefore, unprepared to do justice -to the African character.”[121] - -The Revivalist exhorted slaveholders to teach their slaves to read and to -give them moral and religious instruction. This, it said, “will not only -make better men of them but better servants.”[122] - -The Cumberland Presbyterian, of Nashville, mother organ of the Church, -said in 1835: “We proclaim it abroad we do not own slaves. We never -shall. We long to see the black man free and happy, and thousands -of Christians who now hold them in bondage entertain the same -sentiments.”[123] - -It will be shown in the chapter on abolition that a change of attitude -toward slavery followed the action of the Convention of 1834. The -Cumberland Presbyterian Church was no exception to this rule. The action -of a Pennsylvania Synod in 1847 precipitated the issue. This Synod -met and rescinded its action at a previous session declaring that the -relation between it and American slavery to be such as to require “no -action thereon,” and adopted the resolution, “That the system of slavery -in the United States is contrary to the principles of the Gospel, hinders -the progress thereof, and ought to be abolished.”[124] - -The General Assembly of the Church of 1848, which met at Memphis, -appointed a committee to review the action of the Pennsylvania Synod. -This committee in its report regretted the action of the Synod and -disapproved “any attempt by jurisdiction of the church to agitate the -exciting subject of slavery,” closing with the observation that “the -tendency of such resolutions, if persisted in, we believe is to gender -strife, produce distraction in the church, and thereby hinder the -progress of the Gospel.”[125] - -The General Assembly of 1851, which met at Pittsburg, received six -memorials on slavery from Ohio and Pennsylvania with about one hundred -and fifty signatures.[126] The committee to whom these memorials were -referred made the following report, which was adopted: - - The Church of God is a spiritual body, whose jurisdiction - extends only to matters of faith and morals. She has no power - to legislate upon subjects on which Christ and his apostles did - not legislate, nor to establish terms of union, where they have - given no express warrant. Your committee, therefore, believe - that this question on which you are asked by the memorialists - to take action, is one which belongs rather to civil than - ecclesiastical legislation; and we are all fully persuaded that - legislation on that subject in any of the judicatories of the - church, instead of mitigating the evils connected with slavery, - will only have a tendency to alienate feeling between brethren; - to engender strife and animosities in your church; and tend, - ultimately to a separation between brethren who hold a common - faith, an event leading to the most disastrous results, and one - which we believe ought to be deprecated by every true patriot - and Christian. - - But your committee believe that members of the church holding - slaves should regard them as rational and accountable beings, - and treat them as such, affording them as far as possible the - means of grace. - - Finally, your committee would recommend the adoption of the - following resolutions: - - 1. That inasmuch as the Cumberland Presbyterian Church was - originally organized and has since existed and prospered under - the conceded principle that slavery was not and should not be - regarded as a bar to communion; we, therefore, believe that it - should not now be so regarded. - - 2. That, having entire confidence in the honesty and sincerity - of the memorialists and cherishing the tenderest regard for - their feelings and opinions, it is the conviction of this - General Assembly that the agitation of this question which - has already torn asunder other branches of the church, can be - productive of no real benefit to master or slave. We would, - therefore, in the fear of God, and with the utmost solicitude - for the peace and welfare of the churches under our care, - advise a spirit of mutual forbearance and brotherly love; - and, instead of censure and proscription, that we endeavor to - cultivate a fraternal feeling one toward another.[127] - -This platform remained the orthodox position of the Church to the -abolition of slavery. The Cumberland Church was primarily a Southern -church, and, therefore, never divided on the question. It would have -suffered very little loss of either membership or property by a division. - -The Cumberland Church, it appears, took the most sensible position on the -slavery question of any of the churches in Tennessee. It always preached -abolition and ultimate freedom as the final solution of the problem, -but, at no time did it overlook the entire set of facts connected with -the institution. It recognized that slavery had been forced on the -forefathers, that it had become the central institution of Southern -society, that, therefore, it would be violent revolution to abolish -the institution at one stroke of the pen. It appreciated the fact that -only a small part of the slave population was ready for freedom and a -responsible place in the body politic. The Cumberland Presbyterians -believed that slavery was an evil, but denied responsibility for it. They -thought that slavery was an educating institution, that the rights of the -slave should be restored to him as fast as his evolution would permit, -but that in this process the welfare of society as a whole was the major -consideration. - - -IV. THE FRIENDS. - -The Quakers led decidedly in the movement of abolition. As early as 1770 -in their annual meeting attention was called to the treatment of the -slave and to “the iniquitous practice of importing negroes.”[128] In 1772 -it was decided in their annual meeting that no Friend should buy a slave -of any other person than a Friend in unity. This regulation might be -violated if it was to unite husband and wife or mother and children, or -for other reasons if approved by monthly meeting.[129] Advance was made -again in 1774 and in 1775 when the yearly meeting decided “That Friends -in unity shall neither buy nor sell a negro without the consent of the -monthly meeting to which they belong.”[130] In 1776 the Friends reached -complete abolition.[131] The yearly meeting advised with unanimity that -the members of the Friends’ Society “clear their hands” of the slaves -as rapidly as possible. By the close of the Revolution the Friends were -practically rid of slaves. In the year 1787 there was not a slave in the -possession of an acknowledged Quaker.[132] They never recanted on this -proposition. - -The attitude of the Southern Quakers was at first amelioration of the -condition of the slave. They were interested in the physical condition -of the negro, possibly as much for economic reasons as for altruistic -motives.[133] In North Carolina, where the immediate background of -Tennessee Quakerism is found, the question of slavery was slow in rising, -but soon thereafter became a very stubborn question.[134] The yearly -meetings of 1758 and 1770 took decidedly hostile attitude toward the -buying and selling of slaves, and demanded that those that were inherited -be treated well.[135] - -The Quakers in North Carolina worked personally among the Friends for -abolition and as an organization they petitioned the Legislature of the -State to modify its laws in the direction of justice and mercy. They -protested bitterly against free negroes, who had been given their freedom -by conscientious masters, being taken to other states and sold into -slavery.[136] - -The harshness of North Carolina law created a modified Quakerism not to -be found elsewhere. The yearly meeting created agents to take charge -of slaves that masters wanted to manumit, and look after them. By this -method they proposed to give virtual freedom to the slaves when legal -freedom was not recognized by the state.[137] This practice continued to -the Civil War. - -The Friends in Tennessee not only refrained from owning slaves -themselves, but by manumission societies, by petitions to legislatures, -and by abolition literature, sought to abolish slavery. Reference is -made in a previous chapter to the work of such men as Embree, Osborn, -and Lundy, who, if they had remained in Tennessee with all the Friends, -instead of going to Ohio, Indiana, and Illinois, might have helped to -bring about a different result. Charles Osborn, who was the leader in -organizing the Tennessee Manumission Society, and who moved to Ohio and -began publishing the Philanthropist, an anti-slavery paper, later moved -to Indiana, whither he was followed by Jesse Wills and John Underhill, -Friends who had helped to organize manumission societies in Tennessee. -The Emancipator, Embree’s publication, referring to these emigrations to -the North, said: - - Thousands of first-rate citizens, men remarkable for their - piety and virtue, have within twenty years past removed from - this and other slave states, to Ohio, Indiana, and Illinois, - that their eyes may be hid from seeing the cruel oppressor - lacerate the back of his slaves, and that their ears may not - hear the bitter cries of the oppressed. I have often regretted - the loss of so much virtue from these slave states, which held - too little before. Could all those who have removed from slave - states on that account, to even the single state of Ohio, have - been induced to remove to, and settle in Tennessee with their - high toned love for universal liberty and aversion to slavery, - I think that Tennessee would ere this have begun to sparkle - among the true stars of liberty.[138] - -From about 1809 to 1834, the Friends in Tennessee were regularly -petitioning the Legislature of the State. Their petitions usually asked -for the abolition of slavery, if possible; if not, to mitigate the evil -“of separating husbands, wives, and children.”[139] They believed that -the elimination of this practice would make the slaves more virtuous and -increase their respect for the marriage relation. They petitioned against -the domestic slave trade as they saw this was increasing the grip of -slavery on the state. - -The Friends were the most vigilant anti-slavery workers in the State. If -all the Protestant churches had been as devoted to the cause of freedom -in the early days of the State before there were many slaves in the state -and before West Tennessee was settled, the story of the Convention of -1834 would likely be different. The Friends like the other religionists -had to succumb to the superior pro-slavery forces that always controlled -the state government. - - -V. THE PRESBYTERIANS. - -The Presbyterians were the first denomination to cross the frontier line -into Tennessee. Rev. Charles Cummings and Rev. John Rhea, both of this -church, were the first preachers in Tennessee.[140] “It was the custom -of Mr. Cummings on Sunday morning,” says Goodspeed, “to dress himself -neatly, put on his shot pouch, shoulder his rifle, mount his horse, and -ride to church, where he would meet his congregation, each man with his -rifle in his hand.” In 1778 Samuel Doak was called to the congregations, -Concord and Hopewell, in what is now Sullivan County. Rev. Doak in 1785 -chartered Martin Academy, first educational institution west of the -Alleghanies. In 1775 Abingdon Presbytery was founded, and it became the -gateway of Presbyterianism to the other portions of the State. Thos. B. -Craighead and Rev. William McGee, brother of the Methodist John McGee, -were also among the early ministers of this denomination.[141] - -The Presbyterians, like all the denominations that were national, could -not in the very nature of things remain a unit on the slavery question. -The question came up in various synods in 1774, 1780, and 1787, when the -synods of New York and Philadelphia declared in favor of training the -slaves for freedom.[142] - -The question reached the General Assembly in 1793 and 1795, when it was -decided that as there were differences of opinion relative to slavery -among the members of the church, “notwithstanding which they live in -charity and peace according to the doctrine and practice of the apostles, -it is hereby recommended to all conscientious persons, and especially to -those whom it immediately respects, to do the same.”[143] - -At this same assembly, a committee made a strong recommendation, urging -religious education of the slave. The assembly rejected the report of the -committee, and said they “have taken every step which they deem expedient -or wise to encourage emancipation, and to render the state of those who -are in slavery as mild and tolerable as possible.”[144] The assembly -referred the members of the church to its action of 1787 and 1793 for its -position on slavery. - -This action settled the question for 20 years. It came before the -assembly again in 1815, due to the action of the Synod of Ohio. This -assembly urged religious education and the use of prudent measures to -prevent the slave traffic.[145] The assembly of 1816 asked that masters -who were members of the church present the children of parents in -servitude for baptism.[146] - -The sale of a slave member of the church provoked rather drastic action -by the Assembly of 1818,[147] but in the same proceedings it expressed -its sympathy for those upon whom slavery had been entailed as “a great -and most virtuous part of the community abhor slavery, and wish its -extermination as sincerely as any others.” - -The Assembly of 1825 said: - - We notice with pleasure the enlightened attention which has - been paid to the religious instruction and evangelization of - the unhappy slaves and free people of color of our country in - some regions of our church.... No more honored name can be - conferred on a minister of Jesus Christ than that of Apostle to - the American Slaves; and no service can be more pleasing to the - God of Heaven or more useful to our beloved country than that - which this title designates. - -The slavery question came up again in 1836 when the church was pretty -well divided. There was a majority report which recommended taking -no action, and a minority report which strongly opposed slavery. -The majority report was accepted by the assembly.[148] Twenty-eight -members protested this action of the assembly. The Presbyterians had an -anti-slavery element all along that they could not control. This element -separated from the church in 1821 and called itself the Associated -Reformed Presbyterian Church.[149] There was a second element, calling -itself the New School, that based its action very largely on slavery. -This element kept up an anti-slavery propaganda, repeating in 1846 and in -1849, the slavery declaration of 1818. The southern and more conservative -element was able to control the assembly, and in 1853 the New School -element withdrew from the church.[150] This was the last division in the -church until the guns fired on Fort Sumter. - -The attitude of the Tennessee Presbyterians on slavery was well expressed -by the Synod of Tennessee in 1817, in an address to the American -Colonization Society. This memorial, after congratulating the society -upon its purpose, said: - - We wish you, therefore, to know, that within our bounds - the public sentiment appears clearly and decidedly in your - favor.... We ardently wish that your exertions and the best - influence of all philanthropists may be united, to meliorate - the condition of human society, and especially of its most - degraded classes, till liberty, religion, and happiness shall - be the enjoyment of the whole family of man.[151] - -There were several very prominent anti-slavery Presbyterian leaders -in Tennessee, among both the laymen and the clergymen. Judge S. J. W. -Lucky was a prominent example of a layman who was an active anti-slavery -worker. Hon. John Blair, who was a ruling elder and representative of -his district in Congress for twelve years, became convinced that slavery -was wrong, and offered to give a bill of sale of his slaves to Dr. David -Nelson. He was unable to see any practical way out of slavery.[152] - -Among the ministers were three who did valuable service in the cause -of freedom. Rev. John Rankin’s work as an anti-slavery leader has been -noticed in another connection. He was one of the pioneers in the cause. -Rev. Dr. David Nelson, a native of Washington County, and brother-in-law -of Chief Justice James W. Frederick, was one of the most determined -anti-slavery men in the country.[153] He had to be saved from a mob for -proposing to his congregation to take a subscription with which to buy -and colonize slaves. He was eloquent in promoting colonization.[154] Rev. -E. T. Brantley, a West Tennessee Presbyterian minister, said of him: -“He cordially disapproved of slavery. He found no justification of it -anywhere. All look forward to the extinction of slavery.... If the North -could be aware of the progress of anti-slavery sentiment at the South, -particularly among Christians, they would think the day of emancipation -had already dawned.”[155] Rev. Dr. Ross, of Tennessee, was one of the -most able leaders in Presbyterianism in the South. He was the spokesman -of Southern Presbyterianism in the general assembly, which met at Buffalo -in May, 1853. It was in this assembly that the committee on slavery -recommended that a committee consisting of one member from each of the -synods of Kentucky, Tennessee, Missouri, and Virginia, be appointed to -investigate the slaveholding members of the church on the following -points, and report to the next general assembly: - - 1. The number of slaveholders in connection with the churches, - and the number of slaves held by them. - - 2. The extent to which slaves are held, from an unavoidable - necessity imposed by the laws of the States, the obligation of - guardianship, and the demands of humanity. - - 3. Whether the Southern churches regard the sacredness of - the marriage relation as it exists among the slaves; whether - baptism is duly administered to the children of the slaves - professing Christianity; and, in general, to what extent, and - in what manner, provision is made for the religious well-being - of the enslaved.[156] - -Dr. Ross warmly opposed this action, asserting emphatically that the -South never submitted to a scrutiny. He proposed a substitute motion -to the effect that “a committee from each of the Northern synods ... be -appointed to report to the next general assembly on the following points: - - 1. The number of Northern church members who traffic with - slaveholders, and are seeking to make money by selling them - negro clothing, handcuffs, and cowhides. - - 2. How many Northern church members are concerned, directly or - indirectly, in building and fitting out ships for the African - slave trade, and the slave-trade between the States? - - 3. How many Northern church members have sent orders to New - Orleans and other Southern cities, to have slaves sold, to pay - debts coming to them from the South? (See Uncle Tom’s Cabin.) - - 4. How many Northern church members buy the cotton, sugar, - rice, tobacco, oranges, pineapple, figs, ginger, cocoa, melons, - and a thousand other things, raised by slave labor? - - 5. How many Northern church members have intermarried with - slaveholders, and have become slaveholders themselves, or enjoy - the wealth made by the blood of the slaves, especially if there - be any Northern ministers of the Gospel in such a predicament? - - 6. How many Northern church members are descendants of the men - who kidnapped negroes in Africa, and brought them to Virginia - and New England, in former years? - - 7. What is the aggregate and individual wealth of church - members thus descended, and what action is best to compel - them to disgorge this blood-stained wealth, or to make them - give dollar for dollar in equalizing the loss of the South by - emancipation? - - 8. How many Northern church members, ministers especially, have - advocated murder in resistance to the laws of the land. - - 9. How many Northern church members own stock in underground - railroads, running off fugitive slaves, and Sabbath-breaking - railroads and canals? - - 10. That a special committee be sent up Red River, to ascertain - whether Legree, who whipped Uncle Tom to death (and a Northern - gentleman), be not still in connection with some Northern - church, in good and regular standing. - - 11. How many Northern church members attend meetings - of Spiritual Roppers, are Bloomers, or Woman’s Rights - Conventionalists? - - 12. How many are cruel husbands? - - 13. How many are henpecked husbands?”[157] - -Dr. Ross said: “He did not desire discussion on this subject, but still -he had no opposition to make if others wished to discuss it. As a -citizen of the state of Tennessee, a state which partakes of the fire of -the South and the prudence of the North, he was perfectly calm on the -subject.[158] He said again, “If anyone would present him with a handsome -copy of Uncle Tom’s Cabin, he would keep it on his center-table, and show -it to all his visitors.”[159] - -The Presbyterians had a large number of slaves as members, but in their -reports there is no distinction made between whites and blacks. “In -many places,” says Rev. James H. McNeilly, “separate houses of worship -were provided for them, and in a great many churches large galleries -with comfortable seats were assigned to them. Often the planters on -large plantations built neat and commodious chapels for them, and in -these chapels the planter and his family frequently worshipped with -their servants. In the cities and towns the white people gave up their -churches to the negroes for afternoon service.” Dr. McNeilly says: “I -remember that in 1855 the Presbyterian General Assembly met in the First -Presbyterian Church at Nashville, Tenn. Dr. Edgar, the pastor, gave some -of the Northern commissioners opportunity to see and preach to some of -the negro congregations. These ministers were surprised to see the fine -dressing, the happy faces, the apparent devotion of the people, and were -much gratified to find the evidence of the interest of the churches in -the spiritual welfare of the slaves.” - -“In the spring of 1860,” says Dr. McNeilly, “I was licensed to preach by -the Presbytery of Nashville and spent nearly six months in preaching in -two counties of Middle Tennessee. The members of my congregation owned a -considerable number of slaves, to whom I preached regularly every Sabbath -afternoon, although most of them were members of Methodist and Baptist -churches.”[160] - -The Presbyterians were profoundly interested in the welfare of the -slaves. In the Synods of Kentucky, Virginia, North Carolina, Tennessee, -and West Tennessee, “it is,” says Harrison, “the practice of a number -of ministers to preach to the negroes separately once on the Sabbath -or during the week.”[161] There were Sabbath Schools also, and, with -few exceptions, a number of negroes formed a portion of every Sabbath -congregation. - -The Presbyterians did not let the negroes preach as much as the Baptists -and Methodists did. These denominations had real preachers with their -congregations, but the Presbyterian conception of the character of -a preacher practically excluded the negro. They had, however, negro -exhorters. In fact, the negroes did not want a preacher they could -understand. Even a white preacher, if he tried to simplify his language -to suit them, would become unpopular with them. They liked big words, and -would always praise the Lord when a high-sounding word was used. Rev. -McNeilly tells of a young theologian who began his sermon to the negroes -thus, “Primarily we must postulate the existence of a duty.” After a -short pause, some old colored patriarch fervently responded, “Yaas, Lord, -dat’s so. Bless de Lord.”[162] - -The Tennessee Presbyterians voted against the Spring Resolutions in the -general assembly at Philadelphia, and participated in the convention -at Atlanta in August, 1861, which adopted among other resolutions, the -following: “Our connection with the non-slaveholding states, it cannot be -denied, was a great hindrance to the systematic performance of the work -of evangelization of the slave population. It is true that the northern -portion of the Presbyterian Church professed to be conservative, but -their opposition to our social economy was constantly increasing.”[163] -The synods of Memphis and Nashville, together with various Presbyteries, -participated in the convention at Augusta, Georgia, in December, 1861, -which organized the Southern Presbyterian Church. Tennessee has remained -a strong center of Southern Presbyterianism to the present. - - -VI. THE EPISCOPALIANS. - -The Episcopal Church from the beginning of its work in America stressed -the improvement of the condition of the slaves. The Society for the -Propagation of the Gospel in Foreign Parts was incorporated under William -III, in 1701, and on investigation it was decided that the work in -America “consisted of three great homilies: the care and instruction of -our people settled in the colonies, the conversion of the Indian savages, -and the conversion of the negroes.” Rev. Samuel Thomas, the first -missionary, who was sent to North Carolina in 1702, reported that “he had -taken much pains also in instructing the negroes and learned twenty of -them to read.”[164] The Episcopal Church, like the Presbyterian, did not -report as a rule separate statistics for colored members of the church. -In 1817 there were 828 colored members in the Episcopal churches at -Charleston.[165] In 1822 there were 200 colored children in their Sunday -Schools.[166] - -The Episcopal Church had a sort of philosophical attitude toward the -negroes. It was never the church of feeling, like the Methodists and -Baptists. In 1823 Rev. Dr. Dalcho of the Episcopal Church at Charleston -issued a pamphlet entitled, “Practical Considerations, Founded on the -Scriptures, Relative to the Slave Population of South Carolina.” The -church was vitally interested in the welfare of the slave throughout the -South. - -The Episcopal Church did not establish itself in Tennessee until -anti-slavery feeling was on the wane. The first Episcopal Church in -Tennessee was established at Franklin, Williamson County, August 25, -1827, by Rev. James H. Otey.[167] He began to preach occasionally at -Columbia and Nashville, and by 1830 there were two additional clergy. In -this same year, on July 1, the first convention of the church was held at -Nashville, and in this year the Diocese of Tennessee was formed. There -were about fifty communicants at this time in Tennessee.[168] - -The church grew very slowly. The state was still in a frontier condition. -The inhabitants were democratic, and were already members for the most -part of the Methodist and Baptist churches. What aristocracy there was -belonged to the Presbyterian Church. There was no American bishop in the -Episcopal Church to consecrate candidates for the ministry. They were -forced to go to England for the laying-on of hands. Again, the War of -1812 had further intensified the prejudice against the English church. - -Rev. Otey was a persistent worker, and after his consecration in 1834 -he began to lay the foundation for educational and religious expansion -of this church. Mercer Hall, a school for boys, was opened in his home -in 1836. Columbia Female Institute was founded in the same year, and -preparations were begun to found a university the same year, but were not -successful until 1857, when the University of the South was established -in the Cumberland Mountains about ten miles from Winchester at Sewanee, -Tenn. Bishop Otey became its first president. - -By 1844 there were thirteen resident clergymen in the state besides Rev. -Otey. The number of communicants had grown from 117 in 1834 to 400.[169] -In 1860, the last year of the Journal of the Convention for the South -until after the war, there were 27 members of the clergy, 26 parishes, -and 1500 communicants. - -The Episcopal Church in Tennessee was practically synonymous with Bishop -Otey, who directed and controlled its policy. He owned a plantation out -from Memphis and a number of slaves. He was a typical Southern, Christian -slaveholder. He believed that patriarchal slavery was a great institution -for the negro. He felt that the North misunderstood the institution, -and was in its agitation doing irreparable damage to the nation and the -South. Writing to the Northern clergymen, May 17, 1861, he said: - - As to your coming South, let me just here state, for all, that - you wholly misapprehend the spirit of our people. We ask not - one thing of the North which has not been secured to us by the - Constitution and laws since they were established and enacted, - and which has been granted to us until within a few years past. - We demand no sacrifice nor the surrender of Northern rights - and privileges. The party that elected Mr. Lincoln proclaimed - uncompromising hostility to the institution of slavery—an - institution which existed here, and has done so from its - beginning, in its patriarchal character. We feel ourselves - under the most solemn obligations to take care of, and to - provide for, these people who cannot provide for themselves. - Nearly every free-soil state has prohibited them from settling - in their territory. Where are they to go? - -Here the bishop is seen as a defender of Southern institutions and -ideals, yet he was loyal to the Union as an old Whig just as long as he -could be. He wrote letters to members of the cabinet, begging caution and -consideration. But when he felt that the South had been unnecessarily -attacked, he fully identified himself and the Tennessee Episcopalians -with the cause of the South. Writing to his daughter, May 24, 1861, he -said, “And now, my dear child, you ask me if I think the cause of the -South just, and that God will favor us and defends us. I answer, in very -deed, I do.”[170] - -When his slaves were set free in 1862, he called them into his parlor and -gave them a father’s advice. He said: “I do not regret the departure of -my servants, except Lavinia and Nora (children of eight and seven years -of age); I pity them—I have endeavored to treat them always humanely. -They had as comfortable rooms, and as many necessary comforts as myself. -If they can do better by leaving me, they are free to do so.”[171] - -It is undoubtedly true that the general spirit of frontier life was -against slavery. It was always opposed to convention and privilege. In -the early period of Tennessee politics when the anti-slavery feeling was -strongest, frontier conditions prevailed. These pioneers, in the period -from 1790 to 1834, were fighting for the suffrage, representation, and -the right to hold office. These privileges were enjoyed only by property -holders. Under such conditions, opposition to slaveholders, who primarily -stood for privilege, was inevitable. The anti-slavery attitude of the -churches was partly a result of these conditions as well as of religious -sentiment. These people could express themselves through churches and -independent societies more freely than through politics, which was -generally dominated by slaveholders. - -In estimating the work of the churches as a whole, one is compelled to -acknowledge the value of their services to the negro. Practically all -of the outstanding anti-slavery leaders were prominent churchmen. The -anti-slavery literature of the early period was published under the -inspiration of the church. The churches constantly advocated manumission -to the masters, and sought easier terms from the legislature for -emancipation. They preached against the slave traffic and the inhuman -practice of separating families. Their influence also softened the -character of the slave code in both its make-up and administration. In -the later forties and fifties when the negroes came into the churches in -increased numbers, their field of service was increased. There was almost -as large a percentage of slaves belonging to the churches in 1860 as -there is of negroes in the church today.[172] - -The church was given a freer hand with the slaves, missions were -established, church houses were built, and many of the slaves learned to -read under the guidance of the church. Their characters were improved. -The influence of the churches was always directed toward better living -conditions, better food and clothing, and better treatment generally. -Their influences were felt directly by the negroes as well as indirectly -through Christian masters. - -The individual churches in Tennessee differed considerably in their -attitude toward slavery in the early period. In the order of their -degree of hostility to slavery, the Friends should have first place, -the Methodists second, Cumberland Presbyterians third, Baptists fourth, -Presbyterians fifth, and Episcopalians sixth. From point of service, -the Methodists should rank first, and the Baptists second. These two -churches represented the masses of the slaveholders and contained the -majority of the slaves that belonged to the church. It is difficult to -estimate the work of the Baptists because there are no records of their -local associations or their individual congregations. Through biographies -and actions of Tennessee delegations to the Southern Convention after -1845, one can find convincing evidence that Tennessee Baptists did a -valuable work for the negro. The sources for the study of the Methodists -are much more abundant. It appears, therefore, that their work assumed -larger proportions than that of any other denomination. “High and low -alike,” says Harrison, “entered into this noble work. There was no phase -of it too humble, no duty connected with it too unpleasant to deter the -most earnest and painstaking effort. Bishop McTyeire, of the Methodist -Episcopal Church, South, declared that during a long ministerial life -there was nothing connected with it in which he took more pride and -satisfaction than the remembrance of the more than three hundred services -he had preached to negro congregations.”[173] - - -FOOTNOTES - -[1] Jernegan, M. W., Slavery and Conversion in the Colonies, pp. 516-7. - -[2] Ibid., p. 576. - -[3] Ibid., p. 514. - -[4] Col. Recs., I, 204. - -[5] Ibid., 857. - -[6] Ibid., 720. - -[7] Ibid., IV, 13. - -[8] Ibid., 794. - -[9] Ibid., VII, 126. - -[10] Ibid., 424. - -[11] Ibid., 705. - -[12] Matlock, L. C., The Anti-slavery Struggle and Triumph in the -Methodist Episcopal Church, 17. - -[13] American Church History, XI, 1. - -[14] Tyerman, L., Life of Whitefield, II, 272. Whitefield is reported as -having said: “I should think myself highly favored if I could purchase -a good number of slaves in order to make their lives more comfortable -and lay a foundation for bringing up their posterity in the nature and -admonition of the Lord.” He died owning 75 slaves. American Church -History, XI, 5. - -[15] Jernegan, op. cit., 515. - -[16] Matlock, op. cit., 17. - -[17] Minutes of the Methodist Episcopal Conferences, 1773-1813, I, 5-6. - -[18] The first paragraph of this law shows the general tenor of these -regulations: - -1. Every member of our society who has slaves in his possession shall, -within twelve months after notice given to him by the Assistant (which -the assistants are required immediately, and without any delay, to give -to their respective circuits), legally execute and record an instrument -whereby he emancipates and sets free every slave in his possession who -is between the ages of forty and forty-five immediately, or at farthest -when they arrive at the age of forty-five; and every slave who is between -the ages of twenty-five and forty immediately, or at farthest at the -explication of five years from the date of said instrument; every slave -who is between the ages of twenty-one and twenty-five immediately or at -farthest when they arrive at the age of thirty; and every slave under -the age of twenty as soon as they arrive at the age of twenty-five at -farthest; and every infant born in slavery after the above-mentioned -rules are complied with immediately on its birth. McTyeire, Holland M., -History of Methodism, II, pp. 375-378. - -[19] Minutes of the General Conferences, 1796-1844, pp. 40-1; Journal of -the General Conference of 1800, pp. 37-44; American Church History, XI, 7. - -[20] Journal of the General Conference of 1816, p. 170. - -[21] “Resolved, by the delegates of the Annual Conferences in General -Conference assembled, That they are decidedly opposed to modern -abolition, and wholly disclaim any right, wish, or intention, to -interfere in the civil and political relation between master and slave -as it exists in the slaveholding states of this Union.” Journal of the -General Conference of 1836, pp. 446-7. - -[22] Journal of the General Conference of 1840, p. 136. - -[23] The Finley Resolution was: “Whereas, the discipline of one church -forbids the doing anything calculated to destroy an itinerant general -superintendency; and, whereas, Bishop Andrew has become connected with -slavery by marriage and otherwise, and this having drawn after it -circumstances which, in the estimation of the General Conference, will -greatly embarrass the exercise of his office as an itinerant general -superintendent, if not in some places entirely prevent it; therefore, -Resolved that it is the sense of this General Conference that he desist -from the exercise of this office so long as this impediment exists.” -Journal of General Conference of 1844, p. 85. - -[24] Bedford, A. H., History of the Organization of the Methodist -Episcopal Church, South, p. 207. - -[25] Journal of the General Conference of 1844, p. 85. - -[26] Bedford, pp. 418-503; see also Wightman, W. M., Life of William -Capers, pp. 398-425; Smith, G. G., Life and Letters of James Osgood -Andrew, pp. 336-385. - -[27] Garrett and Goodpasture, p. 156; Goodspeed, p. 647. - -[28] Ibid., p. 157. - -[29] Harrison, W. P., The Gospel Among the Slaves, p. 61. - -[30] McFerrin, J. B., History of Methodism in Tennessee, I, pp. 26, -470, 523; Vol. II, pp. 132, 159, 262; see also McTyeire, p. 462; and -Goodspeed, pp. 664, 667. - -Note: The minutes of the Annual Conference of the Methodists in Tennessee -were burned with the Methodist Publishing House in Nashville, February, -1872. The publishing house has never been able to find another copy. -McFerrin’s History of Methodism in Tennessee, which contains copious -quotations from these minutes, is the only available source. - -[31] Supra, p. 105. - -[32] Asbury, Thomas, Journal of Rev. Francis Asbury, Vol. 3, p. 290; -Cartwright, Peter, Fifty Years as a Presiding Elder, pp. 53ff.; -Goodspeed, pp. 663-667; Temple, O. P., East Tennessee and Civil War, pp. -97ff. - -[33] Goodspeed, p. 667. - -[34] Supra, p. 106. - -[35] McFerrin, II, 261, 283; Goodspeed, pp. 667, 668. - -[36] McFerrin, II, 261. - -[37] McFerrin, II, 401. - -[38] The Code of 1817 is as follows: - -“If a local elder, deacon, or preacher, in our Church, shall -purchase a slave or slaves, he shall lay his case before the -Quarterly-Meeting Conference of his circuit as soon as practicable, -which Quarterly-Meeting Conference shall say how long such slave or -slaves serve as a remuneration to the purchaser; and on the decision of -the Quarterly-Meeting Conference, touching the time the slave or slaves -shall serve, the purchaser shall, without delay, enter into a written -obligation to the Quarterly-Meeting Conference to emancipate such slave -or slaves at the expiration of the term of servitude, _if the law of the -State_ will admit; and such obligation shall be entered on the Journals -of the Quarterly-Meeting Conference. But should the laws of the State -continue rigidly to oppose the emancipation of slaves, so that their -freedom, as above contemplated, should prove impracticable, during the -term and at the end of the slave’s or slaves’ servitude, as determined -by the Quarterly-Meeting Conference, he, the said elder, deacon, or -preacher, shall, at the end of the time of servitude, again lay his -case before the Quarterly-Meeting Conference, which Quarterly-Meeting -Conference shall determine it according to the then existing slave -rule of the Annual Conference to which he belongs; and should the said -elder, deacon, or preacher, be dissatisfied with the decision of the -Quarterly-Meeting Conference, he shall be allowed an appeal to the -ensuing Annual Conference, provided he then signifies his intention of so -appealing. - -“2. If a private member in our society buy a slave or slaves, the -preacher who has charge of the circuit shall summon a committee, of which -he shall be president, or at least three disinterested male members from -the class of which he or she is a member; and if a committee cannot be -elected from the class to which the slave purchaser belongs, in such -case the preacher may make up the committee from a neighboring class or -classes, which committee shall determine the length of time such slave or -slaves shall serve as a compensation to the purchaser, and immediately -on the determination of the committee, touching the slave’s or slaves’ -time of servitude, he or she, the purchaser, shall bind himself or -herself in a written obligation to the church to have the emancipation -of such slave or slaves, at the expiration of the given time, recorded -as soon as practicable, _if the laws of the States in which he or she -live will admit of emancipation_; and such obligation shall be filed -among the papers of the Quarterly-Meeting Conference of the circuit in -which he or she lives. _But should the laws of the State in which the -purchaser lives render it impracticable to emancipate said slave or -slaves_, during the time of servitude fixed by the committee for said -slave or slaves, the preacher having charge of the circuit or station -shall call a second committee at the end of the time of servitude who -shall determine the case according to the then existing slave rule of -the Annual Conference to which he or she belongs; and if he or she -feel him or herself aggrieved, he or she shall be allowed an appeal to -the ensuing Quarterly-Meeting Conference of his or her circuit. In all -cases relative either to preachers or private members, the colored or -bond-children born of slaves purchased, after their purchase and during -the time of their bondage, male and female, shall be free at the age of -twenty-five, _if the law admit of emancipation_; _and if not, the case -of those born of purchased slaves in bondage to said elder, deacon, or -preacher_, shall be _cognizable_ by the Quarterly-Meeting Conference, -and in the case of those born of purchased slaves in bondage to private -members, shall be cognizable by a committee of the above-mentioned kind, -which Quarterly-Meeting Conference and committee shall decide in such -case as the then existing slave rule shall or may direct; _provided_, -nevertheless, the above rules be not so construed as to oblige an elder, -deacon, preacher, or private member, to give security for the good -behaviour and maintenance of the slave or slaves emancipated, should the -court require it. If an elder, deacon, preacher, or private member, among -us, shall sell a slave or slaves _into perpetual bondage, they shall -thereby forfeit their membership_ in our church. Therefore, in case an -elder, deacon, or preacher sell a slave or slaves, _he shall first submit -the case to the Quarterly-Meeting Conference_ of which he is a member, -and said Quarterly-Meeting Conference shall say for what term of years he -shall sell his slave, or slaves, which term being fixed, the seller shall -immediately record his, her, or their emancipation in the county court; -and a private member selling a slave or slaves shall first acquaint the -preacher having the charge of the circuit with his design, who shall -summon a committee of the above-mentioned kind, of which he, the said -preacher, shall be President. Said Committee shall say, for what term of -years, he, she, or they shall sell his, her or their slave or slaves, and -the seller shall be required immediately to record the emancipation of -such slave or slaves in the county court. An elder, deacon, preacher, or -private member among us, refusing to comply with the above rules, shall -be dealt with as in other cases of immorality, and expelled.” McFerrin, -II, 462-466. - -[39] McFerrin, II, p. 467. - -[40] Goodspeed, p. 669. - -[41] McFerrin, III, 19-20. - -[42] Ibid., p. 161. - -[43] Goodspeed, p. 670. - -[44] Ibid., p. 669; Autobiography of Peter Cartwright, the Backwoods -Preacher, p. 195. - -[45] Autobiography of Peter Cartwright, p. 195. - -[46] Autobiography of Peter Cartwright, p. 196. - -[47] Goodspeed, pp. 669-670. - -[48] McFerrin, II, 195. - -[49] He proposed the following program for the church on slavery: - -1. That every householder in our church shall provide a comfortable -house, with sufficient bed and bedding, for every slave in his possession. - -2. That each slave shall be clothed in decent apparel in summer and warm -clothing in winter, and shall have plenty of good and wholesome food, and -time to eat it. - -3. That every slave over ... years of age shall be taught to read the -Holy Scriptures. - -4. That every slave over ... years of age shall be permitted to attend -the worship of God ... times in every ... - -5. That every slave shall attend family worship twice a day. - -6. That every slave shall be allowed one hour for reading in every ... - -7. That no master shall inflict more than ... stripes for any one -offense, nor any stripes on any one who is over ... years of age. - -8. That no slave shall be compelled to marry against his will. - -9. No master shall suffer man and wife, parent and child, to be parted -without their consent when it is in his power—he being the owner of -one—to prevent it by buying or selling at a fair price. - -10. On any complaint being made against a member for violation of these -rules let the preacher appoint a committee of ... to investigate the -facts and report to the society. - -11. Any member violating or refusing to comply with the above rules shall -be dealt with as in other cases of immorality.—Recollections of Rev. John -Johnson and His House, An Autobiography, 305-6. - -[50] McFerrin, II, 95. - -[51] Ibid., 494. - -[52] Ibid., 261; Goodspeed, 668. - -[53] McFerrin, III, 271. - -[54] Infra, pp. 153-5. - -[55] Harrison, p. 151. - -[56] Ibid., pp. 61-2; Wightman, pp. 288-302. - -[57] Goodspeed, p. 676. - -[58] Harrison, p. 155. - -[59] Ibid., p. 161. - -[60] Harrison, p. 194. - -[61] Ibid., p. 195. - -[62] McFerrin, III, 387. - -[63] McFerrin, III, 389-90. - -[64] Harrison, 338-343. - -[65] Green, Wm. M., Life of A. L. P. Green, 167. - -[66] Bedford, pp. 214-5; 301. - -[67] Bedford, p. 601. - -[68] Ibid., p. 603. - -[69] Ibid., p. 605. - -[70] Ibid., p. 600. - -[71] Bedford, p. 423. - -[72] Ibid., p. 449. - -[73] These resolutions show the frame of mind of these people: - -“Whereas, the long-continued agitation on the subject of slavery -and abolition in the Methodist Episcopal Church did, at the General -Conference of said church, held in the city of New York, in May, 1844, -result in the adoption of certain measures by that body which seriously -threatened a disruption of the Church; and to avert this calamity, said -General Conference did devise and adopt a plan contemplating the peaceful -separation of the South and the North; and constituting the conferences -in the slaveholding States, the sole judges of the necessity for such -separation; and, whereas, the conferences in the slaveholding States, in -the exercise of the right accorded to them by the General Conference, -did, by their representatives in convention at Louisville, Ky., in May -last, decide that separation was necessary, and proceeded to organize -themselves into a separate and distinct ecclesiastical connection, under -the style and title of the Methodist Episcopal Church, South, basing -their claim to a legitimate relation to the Methodist Episcopal Church -in the United States upon their unwavering adherence to the Plan of -Separation adopted by the General Conference of said church in 1844, and -their devotion to the doctrines, discipline, and usages of the church as -they received them from their fathers. - -And as the Plan of Separation provides that the conferences bordering on -the geographical lines of separation shall decide their relation by the -votes of the majority ... and also that ministers of every grade shall -make their election North or South without censure—therefore, - -1. Resolved, That we now proceed to determine the question of our -ecclesiastical relation by the vote of the conference. - -2. That we, the members of the Holston Annual Conference, claiming -all the rights, powers, and privileges of an Annual Conference of the -Methodist Church in the United States, do hereby make an election with, -and adhere to, the Methodist Episcopal Church, South. - -3. That while we thus declare our adherence to the Methodist Episcopal -Church, South, we repudiate the idea of secession in any schismatic -or offensive sense of the phrase, as we neither give up nor surrender -anything which we have received as constituting any part of Methodism, -and adhere to the Southern ecclesiastical organization. Plan of -Separation, adopted by the General Conference of the Methodist Episcopal -Church at its session in New York in May, 1844. - -4. That we are satisfied with our Book of Discipline as it is on the -subject of slavery, as recorded in that book; and that we will not -tolerate any change whatever, except such verbal and unimportant -alterations as may, in the judgment of the General Conference, facilitate -the work in which we are engaged, and promote uniformity and harmony in -our administration. - -5. That the journals of our present session, as well as all our -official business, be henceforth conformed in style and title to our -ecclesiastical relation. - -6. That it is our desire to cultivate and maintain fraternal relations -with our brethren of the North. And we do most sincerely deprecate the -continuance of paper warfare either by editors or correspondents, in our -official church papers, and devoutly pray for the speedy return of peace -and harmony in the Church, both North and South. - -7. That the Holston Annual Conference most heartily commend the course -of our beloved Bishops, Saule and Andrew, during the recent agitations -which have resulted in the territorial and jurisdictional separation of -the Methodist Episcopal Church, and that we tender them our thanks for -their steady adherence to principle and the best interests of the slave -population.”—Bedford, pp. 500-503. - -[74] Harrison, 302. - -[75] Ibid., 318. - -[76] Harrison, 324. - -[77] Ibid., 326. - -[78] Minutes of the Annual Conferences of M. E. Church, South, I, -1845-1859, 16-25. - -[79] Ibid., 167, 172, 181. - -[80] Ibid., 273, 290, 295. - -[81] Ibid., 385, 392, 403. - -[82] Ibid., II, 214, 218, 223. - -[83] Minutes of the Annual Conference of M. E. Church, South, II, -1845-1859, 214, 218, 203. - -[84] American Church History, XI, pp. 66-7. - -[85] 26th Annual Report of American Anti-slavery Society, 1859, 115. - -[86] McTyeire, III, 536. - -[87] Milburn, W. H., Ten Years of a Preacher’s Life, 337. - -[88] Cartwright, Fifty Years a Presiding Elder, p. 24. - -[89] Cartwright, Autobiography, p. 157. - -[90] Col. Recs., III, p. 48. - -[91] Garrett and Goodpasture, p. 156. - -[92] Newman, A. H., History of Baptist Churches in United States, p. 338. - -[93] Briggs, Charles A., American Presbyterianism, pp. 59-60. - -[94] Newman, p. 305. - -[95] Ibid., p. 338. - -[96] Pius, N. H., An Outline of Baptist History, p. 131. - -[97] Harrison, pp. 65, 91. - -[98] Col. Recs. VIII, 164. - -[99] Buckley, James M., History of Methodism, I, 373, 375. - -[100] Harrison, 58. - -[101] Riley, B. F., History of the Baptists in Southern States East of -the Mississippi, p. 199. - -[102] Ibid., p. 201. - -[103] Riley, p. 205. - -[104] Proceedings of the Southern Baptist Convention, 1845, pp. 18, 19. - -[105] Riley, p. 211. - -[106] Pendleton, J. M., Reminiscences of a Long Life, p. 112. - -[107] Ibid., 113. - -[108] Professor Pendleton remained at Union University during the war and -was a loyal unionist. He preached on Sunday and worked on the farm during -the week. He constantly expected to be taken from his home and hanged. He -always prepared at night a method of escape, yet he, despite proposals -by the citizens of the community to hang him, never had to execute -his plans. He lived in constant fear until the Army of the Cumberland -occupied Murfreesboro in 1863.—Pendleton, op. cit., 127. - -[109] Proceedings of Southern Baptist Convention, 1845, p. 35. - -[110] Ibid., p. 28. - -[111] Proceedings of Southern Baptist Convention, 1859-60, p. 89. - -[112] Pendleton, p. 127. - -[113] Pius, p. 61. - -[114] Garrett and Goodpasture, 160. - -[115] McDonald, B. W., History of Cumberland Presbyterian Church, p. 411. - -[116] Cossitt, Franceway Ranna, The Life of Rev. Finis Ewing, p. 273. - -[117] McDonald, p. 411. - -[118] Letters furnished by Hon. F. E. McLean (Quoted by McDonald, 412). - -[119] McDonald, p. 412. - -[120] Diary of Beard, A. J., July 11, 1855. - -[121] McDonald, p. 414. - -[122] Ibid., 415. - -[123] The Cumberland Presbyterian, August 19, 1835. - -[124] McDonald, p. 417. - -[125] Minutes of the Assembly of 1848, pp. 12, 13. - -[126] Minutes of the Assembly of 1851, p. 16. - -[127] Minutes of the Assembly of 1851, pp. 56, 57. This committee -consisted of LeRoy Woods, Ind., A. J. Beard, Ky., J. J. Meek, Miss., N. -P. Modrall, Tenn., J. H. Coulter, Ohio, S. E. Hudson, Penn., and J. C. -Henson, Ind. - -[128] Weeks, S. B., Southern Quakers and Slavery, p. 199 (Baltimore, -1896). - -[129] Ibid., p. 207. - -[130] Ibid., 207-8. - -[131] Ibid., 208. - -[132] American Church History, XII, 245. - -[133] Weeks, 201. - -[134] Ibid., 206. - -[135] Ibid., 207. - -[136] Weeks, 221. - -[137] Ibid., 225. - -[138] Hoss, E. E., Elihu Embree, Abolitionist, p. 11. - -[139] Petition of Society of Friends, 1817 (Archives of State). This -petition was signed by Elihu Embree and nine other Friends. - -[140] Goodspeed, p. 645. - -[141] Goodspeed, p. 646. - -[142] Gillet, E. H., History of Presbyterian Church in United States of -America, I, 201. These synods said: - -“We do highly approve of the general principles in favor of universal -liberty that prevail in America, and of the interest which many of the -states have taken in promoting the abolition of slavery. Yet, inasmuch -as men, introduced from a servile state to a participation of all the -privileges of civil society, without a proper education, and without -previous habits of industry, may be, in some respects, dangerous to the -community; therefore, they earnestly recommend it to all the members -belonging to their communion to give those persons, who are at present -held in servitude, such good education as may prepare them for the -better enjoyment of freedom. And they moreover recommend that masters, -whenever they find servants disposed to make a proper improvement of that -privilege, would give them some share of property to begin with, or grant -them sufficient time and sufficient means of procuring, by industry, -their own liberty; and at a moderate rate, that they may thereby be -brought into society with those habits of industry that may render them -useful citizens; and, finally, they recommend it to all the people under -their care, to use the most prudent measures consistent with the interest -and the state of civil society in the parts where they live, to procure -eventually the final abolition of slavery in America.” - -[143] Minutes of the Assembly of 1795, Quoted by Gillet, I, 284. - -[144] Ibid., p. 285. The committee reported that “a neglect of this -(religious education) is inconsistent with the character of a Christian -master, but the observance might prevent, in great part, what is really -the moral evil attending slavery—namely, allowing precious souls under -the charge of masters to perish for lack of knowledge.” - -[145] Gillet, I, 453. The assembly urged religious education on the -slaves “that they may be prepared for the exercise and enjoyment -of liberty when God in his providence may open a door for their -emancipation.” As to buying and selling of slaves, it recommended -“Presbyteries and Sessions under their care to make use of all prudent -measures to prevent such shameful and unrighteous conduct.” - -[146] Ibid., II, pp. 239-41. The assembly said: “We consider the -voluntary enslaving of one part of the human race by another, as a gross -violation of the most precious and sacred rights of human nature, as -utterly inconsistent with the laws of God, which requires us to love our -neighbors as ourselves, and as totally irreconcilable with the spirit -and principles of the gospel of Christ, which enjoins that all things -whatsoever ye would that men should do to you, do ye even so to them.” - -[147] Gillet, II, 241. - -[148] Ibid., 242. See also Fourth Annual Report of American Anti-slavery -Society, 1837, p. 62; and Patton, Jacob Harris, Popular History of the -Presbyterian Church, p. 444. - -[149] Thompson, R. E., History of Presbyterian Churches in the United -States, p. 123. - -[150] Thirteenth Annual Report of American and Foreign Anti-slavery -Society, 1827, pp. 67-8. - -[151] Tenth Annual Report of American Colonization Society, 1827, pp. -67-8. - -[152] Quarterly Review of the M. E. Church, South, April, 1892, 119-120. - -[153] Methodist Quarterly Review, lxiii, 132. - -[154] Quarterly Review of the M. E. Church, South, April, 1892, 120. - -[155] Thirteenth Annual Report of the American and Foreign Anti-slavery -Society, 1853, p. 80. - -[156] Ibid., p. 71. - -[157] Thirteenth Annual Report of American and Foreign Anti-slavery -Society, 1853, pp. 73-4. - -[158] Ibid., pp. 67-8. - -[159] Ibid., p. 82. - -[160] McNeilly, James H., Religion and Slavery, p. 42. - -[161] Harrison, p. 91. - -[162] Ibid., p. 92. - -[163] Goodspeed, p. 683. - -[164] Harrison, p. 40. - -[165] Ibid., 67. - -[166] Ibid., 73. - -[167] Goodspeed, p. 694. - -[168] Ibid., p. 697. - -[169] Ibid., p. 698. - -[170] Memoirs of Rt. James H. Otey, p. 94. - -[171] _Memoirs of Rt. James H. Otey_, p. 93. - -[172] Harrison, 304. - -[173] Harrison, 304. - - - - -CHAPTER VI - -LEGAL STATUS OF THE FREE NEGRO - - -I. THE ESTABLISHMENT OF A POLICY. - - -A. _The Policy of North Carolina._ - -The original policy of North Carolina towards manumission was that the -owner of slaves could free them by deed, will, or contract. He was -at liberty to renounce his title to them absolutely or in a modified -manner, if he thought proper.[1] In 1777, the state asserted its control -over emancipation by conferring on the county courts the power to grant -petitions for freedom on a basis of meritorious services.[2] The reasons -for this change were that it was thought necessary to protect the public -against being charged for the maintenance of manumitted slaves, and that -free negroes were a menace to the body politic. - - -B. _The Policy of Tennessee to 1831._ - -This policy worked a hardship in practice because it limited the courts -to cases of meritorious services. It frequently separated families -because all members were seldom entitled to freedom at the same time. In -1801, Tennessee removed the limited jurisdiction of the courts by giving -them practically plenary power over manumission.[3] The only restriction -on the courts was that they sustain the policy of the state. Of course, -the legislature could by special act grant freedom in any particular -case. This was the policy of Tennessee to 1831. - - -C. _Changes in the Policy._ - -There were several factors that produced the change of 1831. The number -of free negroes had increased from 361 in 1801 to 4,555 in 1831.[4] -Since free negroes voted at this time, this meant that they were a -factor in politics. Manumission societies had been active during -this period, and had created opposition to free negroes. Abolition -literature had flourished. The cotton industry had developed by virtue -of the settlement of West Tennessee, a portion of the Black Belt. -Fear of servile insurrections had increased. There had been Gabriel’s -insurrection in Virginia in 1800; the Vessey insurrection in South -Carolina in 1822; the Nat Turner insurrection in Virginia in 1831; and -an attempt at insurrection in Tennessee at the same time.[5] The liberal -policy of the state prior to 1831 had caused an influx of free negroes -from other states. The governor, in a message to the legislature in 1815, -stated that fifty free negroes had come into the state that year from -Virginia and as many more were expected the next year.[6] - -In 1831, the legislature forbade “any free person of color (whether he -be born free, or emancipated, agreeably to the laws in force and use, -either now, or at any other time, in any state within the United States -or elsewhere), to remove himself to this state and to reside therein, and -remain therein twenty days.”[7] - -If a free negro was convicted of entering the state in violation of this -act, he was subject to a fine of not less than ten nor more than fifty -dollars and an imprisonment of one or two years, at the discretion of -the judge. If he did not remove from the state within thirty days after -the expiration of the term of imprisonment, he was again subject to -indictment as before, and upon conviction was imprisoned for double the -maximum time for first offense. No pecuniary fine was attached in the -second instance. - -There were only two ways by which a free negro could legally enter -the state after 1831. This, of course, is barring special act of the -legislature. If a free negro and a slave of another state were married, -and the owner of the slave decided to move to Tennessee, he was permitted -to bring the free negro along with the slave, by giving a bond of $500 to -the county in which he chose to reside, guaranteeing that the free negro -would keep the peace and would not become a charge to the county.[8] -If a free negro of another state married a slave of Tennessee with the -master’s consent, he was permitted to come into the state if the master -of the slave would make bond to the county for his good conduct.[9] The -state, however, reserved the right to order such free negroes to remove, -if their conduct proved unsatisfactory. If they refused to do so, they -were subject to the punishment provided by the Act of 1831.[10] - -Emancipation was prohibited except on the express condition that such -slave or slaves shall be immediately removed from the state.[11] The -owner was required to give bond with good security in value equal to -that of the emancipated slave, guaranteeing to send the negro out of the -state and to provide sufficient funds to pay his transportation charges -to Africa and support him for six months. Only age and disease exempted -slaves from the operation of this act.[12] - -Chief Justice Nicholson in discussing this change of policy said: - - The policy of the state on the subject of emancipation was - marked by great liberality until the year 1831, when the public - mind began first to be agitated by discussions in the Northern - states of the question of abolishing slavery.... A more rigid - policy commenced in 1831, when it was enacted, that no slaves - should be emancipated except upon the condition of removal from - the State. This policy was based upon the belief that the peace - of the State would be endangered by an increase of the number - of free colored persons.[13] - -Judge Catron said: “The policy of the act of 1831 is not to permit a free -negro to come into the state from abroad; and secondly not to permit a -slave, freed by our laws, to be manumitted upon any other condition than -that of being forthwith transported from the state, to which, by the -first section, he dare not return.” - -He justified the restrictions on emancipation by saying it meant -“adopting into the body politic a new member; a vastly important measure -in every community, and especially in ours, where the majority of free -men over twenty-one years of age govern the balance of the people -together with themselves; where the free negro’s vote at the polls is as -of high value as that of any man.... The highest act of sovereignty a -government can perform is to adopt a new member, with all the privileges -and duties of citizenship. To permit an individual to do this at pleasure -would be wholly inadmissible.”[14] - -Judge Catron said the reasons for the policy of exclusion were fear of -rebellion among the slaves incited by free negroes, the immoral influence -of free negroes among slaves, the injustice of forcing free negroes upon -either the slave or free states, and, finally, justice to the negro. He -said: - - All the slaveholding states, it is believed, as well as many - non-slaveholding, like ourselves, have adopted the policy of - exclusion. The consequence is the free negro cannot find a home - that promises even safety in the United States and assuredly - none that promises comfort.[15] - -Judge Nelson, speaking of this change in policy, said: - - Before the unjust, unwarrantable, unconstitutional, and - impertinent interference of enthusiasts and intermeddlers in - other states with this domestic relation, rendered it necessary - for the State to guard against the effect of their incendiary - publications, and to tighten the bonds of slavery by defensive - legislation, against persistent and untiring efforts to produce - insurrection, the uniform course of decision in the State was - shaped with a view to ameliorate the condition of the slave, - and to protect him against the tyranny and cruelty of the - master and other persons.[16] - -The act of 1831 did not accomplish its intended purpose. It was passed -largely in the interest of colonization. It also failed to consider those -slaves who had made contracts for their freedom prior to its passage, but -who had not obtained the consent of the state, and those who had been -freed by will, but whose masters were not yet deceased. The disabilities -were removed from these two classes of slaves by the act of 1833, which -excepted them from the operation of the act of 1831.[17] This policy -was further modified in 1842, when the state again placed the problem -of emancipation entirely in the hands of the county courts.[18] Judge -McKinney held that this act empowered the county court “to adjudge -whether or not it would be consistent with the interest and policy of -the state to permit any manumitted slave or free persons of color to -reside in this state,” and that their decisions were “not subject to -the supervision and control of the superior judicial tribunals.”[19] He -maintained that the courts were acting as administrative agents of the -state and that the matter was wholly political and not judicial.[20] - -This meant that the policy of exclusion was considerably modified. Any -slave on manumission had the privilege of petitioning the county court to -be permitted to remain in the state. The conditions that had to be met by -the slaves were: “First, proof of good character; second, that it would -violate the feelings of humanity to remove the applicant; third, a bond -with satisfactory security for good behavior.”[21] - -This liberal change in the policy adopted in 1831 was soon eliminated. In -1849, the state reverted to the policy of exclusion. The discretionary -power granted to the county courts in 1842 was taken away and -emancipation was prohibited “except upon the terms and conditions -imposed by the act of 1831, Ch. 102.”[22] Judge Caruthers, explaining -this shifting policy of the legislature, said: - - It is a vexed and perplexing question, upon which public - opinion, acting upon the representatives of the people, has - been subject to much vibration between sympathy and humanity - for the slave and the safety and well-being of society. Hence, - the frequent changes in our legislation on the subject.[23] - -Masters continued to emancipate their slaves regardless of this -prohibition. A class of negroes grew up that were neither slave nor free. -They were free from their masters, but the state had not consented to -their emancipation and continued residence within its borders. In 1852, -the county courts were instructed to appoint trustees for these negroes. -These trustees hired them out, and used their wages to support the -negroes.[24] The negroes preferred to remain in a state of semi-slavery -than to go to Africa. This act was really an admission that the policy of -exclusion was failing and it also made provision for continued evasion. - -The weaknesses of the measure were remedied in 1854 and a more rigid -policy of exclusion was adopted. If the masters did not provide the means -to send the manumitted slaves to Africa, such slaves were hired out by -the clerks of the county courts until sufficient funds were raised and -turned into the state treasury. The governor was then required to provide -for their transportation to Africa.[25] This act abolished the exclusive -jurisdiction of the county courts over emancipation, and permitted the -slave to file his petition for freedom in any court. He could appeal his -case to a higher court if he desired. - -This act established the policy pursued by the state until the Civil -War. Judge Caruthers, speaking of the difficulty of establishing a -satisfactory policy, said: - - The struggle has been to devise some plan which would be just - to the slave, and not inconsistent with the interests of - society—that would sustain his right to liberty, and at the - same time save the community from the evils of a free negro - population. - - This, it is believed, has been more effectually accomplished by - the late act than at any time before.... We regard this as the - most wise and judicious plan which has been yet devised; and, - with some amendments, it should become the settled policy of - the state.[26] - -The free negro continued to be regarded as a menace to society. In 1858, -a bill was introduced into the legislature to banish all free negroes -from the state, but the better element of the state defeated its passage. -Judge Catron, who had been a member of the Supreme Court of Tennessee, -and who was now a member of the Supreme Court of the United States, -speaking of this measure, said: - - This bill proposes to commit an outrage, to perpetrate an - oppression and cruelty, and it is idle to mince words to soften - the fact. This people who were born free and lived as free - persons, will preach rebellion everywhere that they may be - driven to by this unjust law, whether it be amongst us here in - Tennessee or South of us on the cotton and sugar plantations, - or in the abolition meetings of the free states. Nor will the - women be the least effective in preaching a crusade, when - begging money in the North, to relieve their children, left - behind in this State, in bondage. We are told it is a popular - measure. Where is it popular? In what nook or corner of the - State are the principles of humanity so deplorably deficient - that a majority of the whole inhabitants would commit an - outrage not committed in a Christian country of which history - gives any account.... Numbers of the people sought to be - enslaved or driven out are members of our various churches, and - in full communion. That these great bodies of Christian men and - women will quietly stand by and see their humble co-workers - sold on the block to the negro-trader is not to be expected; - nor will any set of men be supported, morally, or politically, - who are the authors of such a law.[27] - -Since colonization had failed, and efforts at banishment had been -defeated, the only remaining alternative that would dispose of the free -negro was re-enslavement. In this same year, provision was made for the -voluntary re-enslavement of the free negro. Any free negro eighteen years -of age might convey himself into slavery by filing a petition to this -effect in the circuit or chancery court, signed by himself and witnessed -by two persons. The petition named the master selected. After due -publication, the petitioner and the master appeared in court and asked -the granting of the petition. If the court granted the petition, it named -a commission of three men to value the slave. The future master paid -one-tenth of this value to the county to be added to the public school -fund. The master by giving bond to the court, guaranteeing that the negro -would never become a charge to any county in the state, received title to -the slave.[28] - -Voluntary re-enslavement did not accomplish the results desired by its -friends. So in the session of 1859-60, an attempt was made to force free -negroes into slavery. This measure was known as the “Free Negro Bill.” It -provided that all free negroes, except certain minors, who did not leave -the state by May 1, 1861, would be sold into slavery, the supporters -of this bill contending that the free negro had no rights except those -given him by statutes, which could be repealed. The opponents of the -bill maintained that the vested “rights of the negro could not be taken -from him because it would be an impairment of contract and that the -legislature could not touch his natural rights.”[29] The bill was finally -defeated after a prolonged contest. - - -II. REGISTRATION OF FREE NEGROES. - -In the first decade of the history of the state, there was no notice -taken of the movements of free negroes. They enjoyed complete freedom -in their going and coming in the community. But as their numbers and -importance increased the state began to want to know about their -movements. In 1806, provision was made for the registration of the free -negroes of the state by the county court clerks. This was a sort of Dooms -Day Book of free negroes. A minute description, including age, name, -color, and record of any scars on hand, face, or head, was made of them. -It was also noted by what court of authority they were emancipated, or -whether they were born free. Two copies of each registration were made, -certified by the county court clerk and attested by a justice of the -peace.[30] One of these was filed in the clerk’s office, and the other -was given the free negro. - -In 1807, this registration certificate was made the passport for the -free negro in changing counties. If he chose permanently to reside in a -new county, he was required to have this certificate duplicated. If he -were caught without it, he was arrested and put in jail unless he made -bond. If he lost it, and could not find record of his registration, he -was required to produce evidence of his emancipation or free birth. If -he failed in this, he was sold as a runaway by the county court.[31] -As poorly as county records were kept, as difficult as it was for the -negro to preserve such a record, and as abundant as kidnappers and -slave-stealers were, the free negro constantly faced the possibility of -losing his freedom. - -By act of 1825, free negroes coming from other states were required to -bring their registration papers with them and have them recorded in some -court of record in the county in which they chose to reside.[32] - -The registration policy was given further significance in 1842 by an -act which required all registration certificates to be renewed every -three years.[33] At the time of each renewal, an inquisition was made -into the negro’s character and conduct. If the county court saw fit, it -could refuse to renew the registration certificate. This compelled the -free negro to leave the state within twenty days, except for sickness or -unavoidable hindrance. If he refused to leave the state, within twenty -days, he became subject to the penalties of the act of 1831.[34] This -system of registration was not only a severe restriction upon the travel -of the free negro, but it gave chances in its workings for considerable -collusion of corrupt officials with agents of the slave traders. - - -III. PROTECTION OF FREE NEGROES. - -It was a $500 fine to bring into the state a free negro convict and sell -him as a slave. Such a person was also subject to an imprisonment for not -exceeding six months.[35] Knowingly to steal and sell any free negro was -a penitentiary offense and was punishable by not less than five nor more -than fifteen years in the state prison.[36] - -The children of free negroes were not permitted to remain destitute and -suffer. The county courts engaged their services to suitable persons in -the best and wisest terms, if their parents did not support them.[37] - - -IV. THE SUFFRAGE FOR FREE NEGROES. - - -A. _The Suffrage for Free Negroes in North Carolina._ - -The historical background for negro suffrage in Tennessee is found in -the laws and practices of colonial North Carolina. The charter that -established the Assembly in North Carolina empowered the proprietors -to govern the province “with the advice, assent and approbation of the -Freemen of the said Province.”[38] The next paragraph of this charter -refers to the “assemblies of free holders.”[39] There is no exclusion on -the basis of color in either of these references. “In 1703, servants, -negroes, aliens, Jews and common sailors voted for members of the General -Assembly.” The act of 1715 made it lawful for “the inhabitants and free -men in each precinct ... to choose two freeholders ... to sit and vote in -the said Assembly.”[40] It is noticed here that the terms, inhabitants, -free men, and freeholders, included free negroes. Hence, to exclude them, -the act specifically stated that no negro, mulatto, or Indian could vote -for members of the Assembly. This act remained the basis of suffrage to -1835. - -Efforts were made by the royal governors to restrict the suffrage to -freeholders. They repeatedly received royal instructions to this effect, -but the law of 1715 prevailed, and freemen continued to vote.[41] - -In 1735, a new basis for the suffrage was established. Freemen were -disfranchised, but the suffrage was indiscriminately given to freeholders -who owned fifty acres of land.[42] The exclusion of negroes, mulattoes, -and Indians prevalent in the act of 1715, was abolished. Land-holding and -not color was the basis of the suffrage. The only additional change in -the suffrage qualification before the Revolution was made by the act of -1751, which required freeholders to be twenty-one years of age in order -to vote.[43] - -The North Carolina constitution of 1776 granted the franchise to all -free men without regard to race or color with the single limitation -of residence.[44] This was the franchise law that was extended to the -Southwest Territory by the Act of Cession of 1790, which stated, “that -the laws in force and use in the state of North Carolina at the time -of passing the act, shall be, and continue in full force until the same -shall be repealed, or otherwise altered by the legislative authority of -the said Territory.”[45] Congress accepted the Territory on the above -condition.[46] The suffrage was not changed by the legislature of the -Southwest Territory. - -The basis of the suffrage remained unchanged from the establishment of -the Constitution of North Carolina in 1776 to the establishment of the -Constitution of Tennessee in 1796. However, the Revolutionary State of -Franklin, which flourished in western North Carolina from 1784 to 1788, -proposed a constitution that gave the suffrage “to every free male -inhabitant” who was twenty-one years old.[47] This is significant because -it was an independent expression of the people in the territory that -later became Tennessee. - - -B. _Suffrage in the Convention of 1796._ - -Several propositions relative to suffrage were made in the Convention of -1796. February 1, Mr. Henderson, delegate from Hawkins County, moved that -the first section in Article III be made to read, “All citizens of this -state, possessing of a freehold in their own right, and all persons who -have done duty in the militia, shall be entitled to vote at any election, -in the county where the freehold lies, or where he resides.”[48] This -motion failed but it is noticed that the suffrage is not based on color. -If the motion had prevailed, it would have disfranchised all freemen, -both white and black, who had not done military service. Mr. Outlaw, -of Jefferson County, moved that “all persons liable by law to militia -duty should be allowed to vote.”[49] If this motion had prevailed, it -would have given all freemen the suffrage with no limitation, because -by Section 26, the freemen were liable to militia duty. The Convention -finally gave the suffrage to all freemen. Article III, Section 1, of -the Constitution of 1796, declared that “all freemen of the age of -twenty-one years and upwards, possessing a freehold in the county where -they may vote, and being inhabitants of this state, and all freemen who -have been inhabitants of any one county within the state for a period of -six months immediately preceding the date of election, shall be entitled -to vote for members of the general assembly, for the county in which they -respectively reside.”[50] - -It is worth noticing in this connection that, while the suffrage was -given to all freemen, representation in the legislature was based on the -number of free whites. The constitution declared that “representation -shall be regulated according to numbers, to be apportioned to each -county by law, upon such ratio, as that the number of senators and -representatives ... shall not exceed thirty-nine until the number of -free white persons shall be two hundred thousand.”[51] The convention in -its various discussions used the terms, “freemen,” “freeholders,” “all -citizens,” “all persons,” and “free white persons.” This clearly shows -that the convention was carefully discriminating between these terms -when it used them. Why did the convention use “free white persons” as -the basis of representation? It knew that the term, “freemen,” would -give representation to free negroes. The Constitution of the United -States gave representation to three-fifths of the slaves. The Kentucky -constitution of 1799 stated that, “In all elections for representatives -every free male citizen (negroes, mulattoes and Indians excepted) shall -enjoy the right of election.”[52] It is distinctly shown here that it was -understood that “free male citizen” included “free negro.” Hence, if he -is not to be enfranchised, he must be excepted. Why would this term be so -well understood in Kentucky and not in Tennessee? - -Again, it must not be overlooked that the constitution of 1796 in -Tennessee was drafted by a committee of very able statesmen, among whom -were such distinguished men as Andrew Jackson, William Cocke, Joseph -Anderson, William Blount, W. C. C. Claiborne, and John Rhea.[53] Andrew -Jackson was a very prominent leader in the Convention; William Cocke -had participated in founding the Franklin State, and was, also, one -of the founders of the Transylvania Republic, twice a Senator of the -United States from Tennessee, and a leader in the Mississippi Territory. -Joseph Anderson was one of the territorial Judges for sixteen years, -United States Senator and Comptroller of the Treasury of the United -States. William Blount had been governor of the Southwest Territory. -William C. C. Claiborne was Judge of the Superior Court of the State, the -successor of Andrew Jackson in Congress, first Governor of the territory -of Mississippi, Governor of Louisiana, and United States senator-elect -at the time of his death. John Rhea was for eighteen years a member of -Congress. It is unreasonable to suppose that these men together with -their colleagues did not know the meaning of the word “freemen” in the -Constitution of 1796.[54] They certainly knew that the free negro had -been voting in Colonial North Carolina, that he continued to vote under -her constitution of 1776, and that he would vote in Tennessee as he -had been doing before the separation from North Carolina unless he was -disfranchised. - -The contention of this thesis is that the free negro was intentionally -and deliberately enfranchised by the Convention of 1796. The proof may be -summarized as follows: 1st, that the terms “freemen” and “freeholders” -were the subject of discussion throughout Colonial North Carolina -with thorough understanding as to their meaning; 2nd, that the act of -1715 specifically excepted the negro from the term “freemen,” thus -disfranchising him; 4th, that the act of 1735 re-enfranchised him; 5th, -that the North Carolina constitution of 1776 enfranchised him; 6th, -that the convention of 1796 in Tennessee used the terms “freemen,” -“freeholders,” and “free white persons,” showing that it must have -knowingly used these terms; 7th, that these terms were carefully used in -contemporary constitutions; and 8th, that it is inconceivable that the -able and experienced statesmen that framed the Tennessee Constitution -were not conversant with these terms. - - -C. _Suffrage from 1796 to 1834._ - -From 1796 to 1834 there was a complete revolution in the attitude of -Tennessee people toward the negro. This has already been pointed out in -the discussion of the churches, manumission societies, and the policy -of exclusion adopted in 1831. Attention has already been called to the -growing economic importance of slavery in the period and the consequent -opposition to the free negro. - -The political influence of the free negro was also a factor in this -change. From 1810 to 1820 there was an increase of 108 per cent in free -negroes and 266 per cent increase in the period from 1820 to 1830. In -1830, there were twenty counties containing almost one hundred free -negroes each; five, two hundred each; four, two hundred and fifty each; -three, three hundred each; two, four hundred each; and one containing -about five hundred. The greatest number of free negroes in any one -county was in Davidson County, and it was a delegate from this county -that made the motion in the convention of 1834 to disfranchise the free -negro. There were at this time about six hundred free negroes in Davidson -County, and there were 471 in 1830 and 794 in 1840.[55] - -Hon. John Petit, United States Senator from Indiana, said on the floor -of the Senate, May 25, 1854, in the debate on the Kansas-Nebraska Bill, -that “Old Cave Johnson, an honored and respectable gentleman, formerly -Postmaster-General, and for a long time a member of the other house, told -me, with his own lips, that the first time he was elected to Congress -from Tennessee, it was by the vote of free negroes, and he was an iron -manufacturer, and had a large number of free negroes, as well as slaves, -in his employ. I well recollect the number he stated. One hundred and -forty-five free negroes in his employ, went to the ballot box, and -elected him to Congress the first time he was elected.”[56] Charles -Sumner said he heard John Bell make the same confession with regard to -his election.[57] It is further claimed that, during political campaigns -in Tennessee, “The opposing candidates for the nonce, oblivious of social -distinction and intent only on catching votes, hobnobbed with the men and -swung corners all with dusky damsels at election balls.”[58] The fact -that the Constitutional Convention of 1834 by resolution excluded the -free negro from voting on ratification of the constitution shows that -his vote was a factor in close elections. Judge Catron in the case of -Fisher’s Negroes v. Dabbs said: “The free negro’s vote at the polls is of -as high value as that of any man.”[59] - - -D. _Suffrage in the Convention of 1834._ - -The contest over disfranchising the free negro in the convention of -1834 presents the final phase of the suffrage problem. Amendments to -the constitution of 1796, favoring and opposing negro suffrage, were -introduced in the convention and by June 26 were being debated in the -committee of the whole. One of the strongest advocates of suffrage for -the negro was Mr. Cahall, who said he was “unwilling to disfranchise -any man black or white, who had enjoyed the right of suffrage under the -present constitution.”[60] - -Mr. Cahall’s position was as follows: first, he would let the free -negroes then in the state continue to vote; second, he believed that -an unqualified suffrage for free negroes would make the state an -asylum for free negroes; third, he contended that the suffrage was a -conventional and not a natural right. He said that our government was a -“constitutional and not a natural one.”[61] - -Mr. Allen, June 27, speaking of the third article of the constitution, in -the committee of the whole, said: “I am against inserting the word white -before the word freeman, in this clause of the constitution, because it -goes to exclude a description of persons from the right of voting, that -has exercised it for thirty-eight years under the present constitution, -without any evil ever having grown out of it.” - -On June 27, the following resolution was introduced into the committee of -the whole: - - That every free male person of color, being an inhabitant six - months previous to the day of election, of any county in this - State six months immediately preceding the election, shall be - entitled to vote in said county in which he has so resided, for - Governor, members of Congress, members of General Assembly, and - other officers. - -Mr. Purdy introduced the following amendment to the above motion: - - That every free man of color possessing in his own right in - the county in which he may reside and propose to vote, a - freehold or personal property of $200, on which he has paid - a tax that has been assessed at least six months previous to - the day of election, and being an inhabitant of this State at - least twelve months previous to the day of election, shall - be entitled to vote for members to the General Assembly for - the county or district in which he shall reside provided no - free person emigrating to this State after the adoption of - this Constitution, shall be entitled to exercise the right of - suffrage.[62] - -This amendment was rejected. - -Mr. Marr offered the following amendment to the motion: - - That no person, who is not a citizen of the United States and - of this State, has a right in any election in this State. - -This motion was laid on the table, and the original resolution was -adopted by the committee of the whole. June the 28th, Mr. Marr, delegate -from Weakley and Obion counties, introduced the following resolutions: - - Resolved, that free persons of color, including mulattoes, - mustees, and Indians were not parties to our political compact, - nor were they represented in the Convention which formed the - evidence of the compact, under which the free people of the - State, and of the United States, are associated for civil - government. Nor, are they recognized by our political fabrics - as subjects of our naturalization laws; but on the contrary, - are, by the Constitution and laws of the United States, - prohibited from being brought to the United States, either - as property, or as being within the scope and meaning of our - provision relating to naturalization and citizenship and hence - their supposed claim to the exercise of the great right of - free suffrage is and, shall be, not only not recognized, but - prohibited. Resolved that all free white men of the age of - twenty-one and upwards, who are natural born citizens of this - State, or of any one of the United States, and all who have - been naturalized and admitted to the rights and privileges - as citizens of the United States by our laws, and who, being - inhabitants of this State, and who have a fixed or known - residence in the county or election district, six months - immediately preceding the day of election, shall be entitled to - vote for members of either house of the General Assembly, in - and for the county or district in which they may reside.[63] - -These resolutions were referred to the committee of the whole. - -July 1, Mr. Loving, in the committee of the whole, said: - - That when this question was first taken up by the committee he - then believed he should content himself with giving his silent - vote, and he remained of that opinion until he ascertained - that the friends of free persons of color, were much more - numerous than he had first supposed; he was truly astonished - and regretted to see old members, yes, Mr. Chairman, old gray - headed gentlemen in plaintive and importuning language, - contending for a proposition to let free negroes, mulattoes, - etc., exercise the highest right and privilege in a free - government—that of the right of suffrage. He would have - supposed that those old members could ere this have seen the - impolicy of such a course as he was gratified to see that there - were some, who had long since condemned that feature on our - constitution and who were now ready and even ably contending - with him to expunge that odious and very objectionable feature - from the constitution. - -Mr. Loving’s arguments against the suffrage for free negroes were about -as follows: - - 1. He objected to making the suffrage a natural right, an - inalienable and inherent right. He said it did not belong to - the state of society, but grew out of the body politic. - - 2. He said that he knew of free colored men of respectability, - probity, and merit, but that particular cases of merit did not - justify a policy of letting free negroes vote. - - 3. He said some gentlemen contended that Tennessee should let - them vote because North Carolina did. He pointed out in this - connection that North Carolina and Tennessee were the only - states in the Union that let the negroes vote, and that North - Carolina was calling a convention that would disfranchise them. - - 4. He thought that the suffrage, being a conventional right, - should be in the hands of those who possess the greatest degree - of moral and intellectual cultivation. - - 5. He pointed out that the same argument that was being made in - behalf of the free negroes would give the suffrage to women and - children. - - 6. He did not think that because some negroes fought for - American Independence in 1776, they were entitled to the - suffrage.[64] - -July 15, Mr. Marr opposed giving the free negro the suffrage for the -following reasons: - - 1. He did not think the convention of 1796 intended to give him - the suffrage, and he opposed it now for that reason. - - 2. He maintained that black and white men could not live - together on terms of equality; they must separate or one rule - the other. - - 3. He contended that Tennessee did not have the power to - emancipate her slaves; the Constitution of the United States - prevented it. - - 4. He concluded that the voice of the people, the admonitions - of prudence and the want of power, all directed that this - convention should not give, nor attempt to give, negroes, - mulattoes, or Indians the suffrage.[65] - -Mr. Newton Cannon of Williamson County, who was chairman of the committee -of the whole, reported the constitution in its first form to the -convention, July 25, 1834. Article II, Section 1, said: - - Every free man of the age of twenty-one years and upwards, - being a citizen of the United States, and an inhabitant of the - county of this state wherein he may offer his vote, six months - immediately preceding the day of election, shall be entitled - to vote for members of the General Assembly and other civil - officers, for the county in which he may reside.[66] - -It is noticed that at this time the forces for suffrage for the free -negro had won. - -The constitution was now reported as a whole to the convention, which -began to consider it in detail. By July 31, Article III, Section 1, -was reached. Mr. Robert Weakley, delegate from Davidson County, moved -that the word, “white,” be inserted after the word “free” in Article -III, Section 1. This motion was carried by a vote of 33 to 23.[67] Mr. -Mathew Stephenson of Washington County moved “that no freeman who is now -a resident of this state and who has heretofore exercised the right of -voting shall hereafter be debarred from that privilege.” This motion -failed by a vote of 34 to 22.[68] A change of six votes on the first -motion would have given the free negro the suffrage. The liberal forces -in Tennessee politics at this date were stronger than history has usually -acknowledged. - - -V. LIMITATIONS UPON THE FREEDOM OF FREE NEGROES. - -The free negro was forbidden to entertain a slave in his home at night -or during the Sabbath. For violation of this restriction, he was fined -$2.50 for the first and $5.00 for each succeeding offense.[69] This fine -was increased to $20 in 1806.[70] If he could not pay these fines, he was -hired out by the constable of his district until his wages amounted to -the fines and all costs. - -There was no restriction on marriage between free negroes, but a free -negro could not marry a slave without the master’s consent, given in -writing and attested by two justices of the peace. He was fined $25 for -an illegal marriage with a slave, and, if he could not pay the fine, he -was forced to serve the master of the slave for one year.[71] - -It was a misdemeanor for a free negro to keep a tippling house, and -subjected him to not less than a fifty dollar fine. He was also forbidden -to sell, give, or loan a slave a gun, pistol, or sword without the -consent of the owner of the slave.[72] He could not associate with slaves -except with the permission of their owners.[73] - -The free negro was required to carry a copy of his registration with -him wherever he went. He could be suspected at any time or might be -stolen. His registration certificate was his surest guarantee of personal -freedom. In the mere matter of travelling in the community, he was -constantly subject to this limitation. If he crossed county lines, the -certificate was absolutely required.[74] - - -VI. THE LEGAL STATUS OF THE FREE NEGRO. - -What, then, was the legal status of the free negro? He was only a -quasi-free man. He could sue and be sued. He could make a contract and -inherit property. He enjoyed legal marriage. He could buy and sell. He -could not be a witness against a white man. He could not vote after -1834. He was ineligible for office. He was a sort of inmate on parole. -His conduct was frequently guaranteed by bond. He enjoyed certain -privileges and immunities, which the state might take away from him -if it saw fit. He was not a citizen in the sense in which the term is -used in the Constitution of the United States, and, therefore, was not -entitled to all the privileges and immunities of the several states. -Judge Green, speaking of the free negro’s rights in the case of the State -v. Claiborne, said: “The laws have never allowed the enjoyment of equal -rights, or the immunities of the free white citizen.”[75] - -He had no place in society, socially or economically. He could not -associate with the whites. He could keep the company of slaves only -by permission. His own class was so small that his opportunities were -very limited there. Poverty, ignorance, oppression, discrimination, and -hostility of both slave and white man made his position in actual life -much worse than his legal status. In the industrial world there was no -place for him. The labor was done by slaves. There was no factory work -for him. He could farm if he could rent or buy land. He was usually not -wanted in the community. - - The black man, in the United States, said Judge Catron, is - degraded by his color, and sinks into vice and worthlessness - from want of motive to virtuous and elevated conduct. The - black man in these states may have the power of volition. He - may go and come when it pleases him, without a domestic master - to control the actions of his person; but to be politically - free, to be the peer and equal to the white man, to enjoy the - offices, trusts, and privileges our institutions confer on the - white men, is hopeless now and ever. The slave who receives - the protection and care of a tolerable master holds a condition - here superior to the negro who is freed from domestic slavery. - He is a reproach and a by-word with the slave himself, who - taunts his fellow slave by telling him “he is as worthless as - a free negro.” The consequence is inevitable. The free black - man lives amongst us without motive and without hope. He seeks - no avocation; is surrounded with necessities, is sunk in - degradation; crime can sink him no deeper, and he commits it, - of course. This is not only true of the free negro residing - in the slaveholding states of the Union. In non-slaveholding - states of this Union the people are less accustomed to the - squalid and disgusting wretchedness of the negro, have less - sympathy for him, earn their means of subsistence with their - own hands, and are more economical in parting with them - than he for whom the slave labors, for which he is entitled - the proceeds and of which the free negro is generally the - participant, and but too often in the character of the receiver - of stolen goods. Nothing can be more untrue than that the - free negro is more respectable as a member of society in the - non-slaveholding states than in the slaveholding states. In - each he is a degraded outcast, and his fancied freedom a - delusion. With us the slave ranks him in character and comfort, - nor is there a fair motive to absolve him from his duties - incident to domestic slavery if he is to continue amongst us. - Generally, and almost universally, society suffers and the - negro suffers by manumission.[76] - - -FOOTNOTES - -[1] Wheeler, p. 279. - -[2] Acts of North Carolina, 1777, Ch. 6, Sec. 2. - -[3] Acts of 1801, Ch. 27, Sec. 1. - -[4] U. S. Census, 1870, I, Population, 62. - -[5] The Genius, II, 136; The Western Freeman, Shelbyville, Tennessee, -Sept. 6, 1831. - -[6] Hale and Merrit, II, 296. - -[7] Acts of 1831, Ch. 102, Sec. 1. - -[8] M. & C., Sec. 2711. - -[9] Ibid., Sec. 2712. - -[10] Ibid., Sec. 2703. - -[11] Acts of 1831, Ch. 102, Sec. 2. - -[12] M. & C., Secs. 2704-6. - -[13] Jameson v. McCoy, 5 Humphrey, 118 (1871). - -[14] Fisher’s Negroes v. Dabbs, 6 Yerger, 129 (1834). - -[15] Ibid., 130. - -[16] Andrews v. Page, 3 Heiskell, 660 (1870). - -[17] Acts of 1833, Ch. 81, Secs. 1-2. - -[18] Acts of 1842, Ch. 191, Sec. 1. - -[19] The Case of F. Gray, 9 Humphrey, 515 (1848). - -[20] Ibid., 516. - -[21] Ibid., 515. - -[22] Acts of 1849, Ch. 107, Sec. 1. - -[23] Bridge Water v. Pride, 1 Sneed, 197 (1863). - -[24] Acts of 1852, Ch. 300, Sec. 3. - -[25] Acts of 1854, Ch. 50, Sec. 1. - -[26] Boon v. Lancaster, 1 Sneed, 583-4 (1854). - -[27] Twenty-seventh Annual Report of the American Anti-Slavery Society, -1861, pp. 215-6. - -[28] Acts of 1858, Ch. 45, Secs. 1-4. - -[29] Hale and Merritt, II, 300-301. - -[30] Acts of 1806, Ch. 32, Sec. 1. - -[31] Acts of 1807, Ch. 100, Sec. 1. - -[32] Acts of 1825, Ch. 79, Sec. 3. - -[33] Acts of 1842, Ch. 191, Sec. 5. - -[34] Acts of 1831, Ch. 102, Sec. 1. - -[35] Acts of 1826, Ch. 22, Sec. 6. - -[36] Acts of 1829, Ch. 23, Sec. 21. - -[37] Acts of 1852, Ch. 158, Sec. 1. - -[38] McDonald, William, Select Charters Illustrative of American History, -1606-1775, 122, S. 5. - -[39] McDonald, Op Cit., 123, Sec. 6. - -[40] Col. Recs. of North Carolina, I, 639; State Recs. of N. C., XXIV, 14. - -[41] Ibid., III, 93, 560. - -[42] Ibid., IV, 106; Davis, James, Laws of North Carolina, 79. - -[43] Davis, 177-180. - -[44] North Carolina Constitution of 1776, Secs, 7, 8, and 9; Col. Recs., -XXIII, 881. - -[45] U. S. Statutes at Large, I, 108. - -[46] Ibid., First Congress, 1790; Chap. VI, Sec. II, pp. 106-9. - -[47] Constitution of Frankland, Sec. 4; Ramsey, J. G. M., Annals of -Tennessee, p. 327. - -[48] Journal of the Convention of 1796, p. 21. - -[49] Ibid., p. 22. - -[50] Constitution of 1796, Art. III, Sec. 1; see also Journal of the -Convention of 1796, p. 16. - -[51] Ibid., Art. I, Sec. 1. - -[52] Kentucky Constitution of 1799, Art. 2, Sec. 8. - -[53] Journal of the Convention of 1796, pp. 5-6. - -[54] Caldwell, Joshua W., Constitutional History of Tennessee, 132. - -[55] U. S. Census, 1870, I, Population, p. 12. - -[56] Congressional Globe, 1st Session, 33d Congress, 1805; 2nd Session, -38th Congress, 284. - -[57] The Works of Charles Sumner, X, 192. - -[58] Buxton, Rev. Jarvis Bury, Reminiscences of the Bench and -Fayetteville Bar, p. 93. - -[59] Fisher’s Negroes v. Dabbs, 6 Yerger, 126 (1834). - -[60] Nashville Republican, July 10, 1834. - -[61] Nashville Republican and State Gazette, July 1, 1834. - -[62] Nashville Republican and State Gazette, June 28, 1834. - -[63] Journal of the Convention of 1834, p. 107. - -[64] Nashville Republican and State Gazette, July 5, 1834. - -[65] Nashville Republican and State Gazette, July 15, 1834. - -[66] Journal of the Convention of 1834, p. 171. - -[67] Ibid., p. 28. - -[68] Ibid., p. 209. - -[69] Acts of 1787, Ch. 6, Sec. 2. - -[70] Acts of 1806, Ch. 32, Sec. 4. - -[71] Acts of 1787, Ch. 6, Sec. 3. - -[72] Acts of 1835, Ch. 58, Sec. 2. - -[73] Acts of 1806, Ch. 32, Sec. 4. - -[74] Acts of 1807, Ch. 100, Sec. 1. - -[75] State v. Claiborne, 1 Meigs, 337 (1858). - -[76] Fisher’s Negroes v. Dabbs, 6 Yerger, 131 (1834). - - - - -CHAPTER VII - -ABOLITION - - -There was throughout the period of slavery in Tennessee a determined -minority that favored its abolition. This minority was not confined to -the non-slaveholders, but as late as 1834 slaveholders hoped that some -method of abolition would finally be devised. This abolition sentiment -expressed itself in various ways. - - -I. PRIVATE ABOLITION. - - -A. METHODS. - - -(1) _By Deed._ - -There were three steps in the process of emancipation by any method. -Two of these were taken by the owner and one by the state. The owner -renounced his right of property in the slave and then gave bond with -good security for his conduct and maintenance. To complete the process -of emancipation, the state’s consent was necessary. This was given -exclusively by the county courts until 1829,[1] when the Legislature gave -the chancery courts jurisdiction of cases involving wills.[2] After 1854, -a petition for emancipation could be filed in any court of record.[3] -Of course, the legislature by virtue of its plenary power could and did -grant petitions for freedom throughout the period of slavery.[4] The -county court could not consider a petition for emancipation unless nine -or a majority of the court were present and the consent of two-thirds of -those present was necessary to grant the petition.[5] The clerk of the -court made a record of the emancipation and gave the slave a copy.[6] - -One way by which the master could relinquish his property rights in the -slave was by deed. A deed of freedom to a slave was valid only between -him and the owner or his representatives. It did not operate against -the claim of creditors. A deed of emancipation had to be witnessed and -recorded before it was binding upon the master.[7] Judge Catron, speaking -of a deed of manumission, in the case of Fisher’s Negroes v. Dabbs, said: - - It is binding on the representatives of the divisor in the one - case, and the grantor in the other, and communicates a right - to the slave; but it is an imperfect right, until the state, - the community of which such emancipated person is to become - a member, assents to the contract between the master and the - slave.[8] - - -(2) _By Will._ - -A bequest of freedom by will was binding between the master or his -representative and the slave, but, until 1829, the slave could -not institute suit to complete the process of freedom in case the -representative of the master failed to take such action. Administrators -of estates took advantage of this weakness of the law. The result was -that either such a negro, being helpless, was reduced to slavery again, -or was left in a state of semi-freedom. In 1829, the state gave the -chancery courts jurisdiction of such cases and gave such a negro the -privilege of bringing suit for his freedom through his next friend.[9] -Children born of a mother who had been emancipated by will but who did -not receive her freedom until the expiration of a term of years received -their freedom at the same time the mother received hers.[10] - - -(3) _By Contract._ - -The slave could enter into a contract with his master for his freedom and -the courts would enforce such a contract.[11] This contract might be by -parol.[12] A contract between purchaser and seller to the effect that a -slave be emancipated at a certain date was binding between the owner and -the slave, and invested the slave with the right to complete the process -of freedom after 1829. Such a contract did not weaken the claim of -creditors, nor did it compel the state to grant the freedom of the slave. -The obtaining of the state’s consent, while conditioned on the initiate -step of the master, was entirely a separate procedure. - - -(4) _By Bill of Sale._ - -The owner could sell a slave to an individual or a society, who wanted -to emancipate him. Slaves frequently bought themselves. A free negro -sometimes bought husband or wife and children, and then petitioned the -state to free them. All bills of the sale of slaves had to be in writing -and attested by at least one creditable witness. If the bill of sale was -contested, two witnesses were required.[13] Philanthropic individuals -and societies could have emancipated a great many slaves, if the state -had not made its consent a necessary part of such manumission. When -one considers how the benevolence of slave owners or the generosity of -societies might have flooded a community with stupid, ignorant, and -vicious negroes, he can easily see why society asserted the right to -regulate the ownership of this kind of property. - - -(5) _By Implication._ - -If the master by his acts or treatment of a slave, or in conversation -with another, indicated that he meant to give a slave his freedom, the -courts would recognize this as a basis for a suit for freedom.[14] The -institution of a suit against a slave was an implication of his freedom, -otherwise the bequest had no effect.[15] - - -(6) _By the Effect of Foreign Laws._ - -If a slave owner of Tennessee moved to a free state with his slaves to -reside permanently, this would indicate his intention to free them. If -on entering such a state with his slaves, he agreed to free them at -a certain future date, this would give the slaves a cause for a suit -of freedom if he should later decide to return to Tennessee before -the expiration of the time set for their emancipation.[16] Of course, -Tennessee laws permitted a free negro to adopt a master and convey -himself into slavery, but this was voluntary on his part.[17] - - -B. THE EXTENT OF EMANCIPATION IN TENNESSEE. - -It is seldom credited to southern slaveholders that they gave up as -much property as the records show that they did. The slaveholding -states practiced real abolition while New England and the other great -abolition sections of the country were agitators of abolition rather -than practitioners of it. None of their legislation shook the shackles -from a single slave, according to eminent authority,[18] but merely -abolished slavery that did not exist; that is, these acts said slaves -yet unborn would be free at birth, or at certain age. This was not -abolishing slavery by freeing those actually held in slavery. As a matter -of fact, those held in slavery at the time of the passing of these acts -were retained as slaves until they died, or were sold to Southerners. Of -course, all over the country there was abolition by private individuals, -but the point is, the Southern slaveholders were the real abolitionists. -They actually gave up their property, and turned loose their slaves. -There were 7,300 free negroes in Tennessee in 1860. Considering the fact -that hundreds of free negroes went to Liberia, Haiti, Canada, and the -free states, from Tennessee, and that hundreds of free negroes died in -the period from 1796 to 1860, it is safe to say that, at $1000 each, -more than ten million dollars’ worth of property was surrendered by the -abolitionists of Tennessee. It was largely the small farmer slaveholders -that made this sacrifice for their convictions. - - -II. ANTI-SLAVERY LEADERS. - -Tennessee made a substantial contribution to the anti-slavery leadership -of the nation. There were two groups of these men. One of them left the -state for a larger field of activity, and might be called Separatists, -while the members of the other group remained at home and fought in the -ranks. These might be called Puritans. Jesse Mills, Elihu Swain, John -Underhill, Jesse Lockhart, Rev. John Roy, Peter Cartwright, Charles -Osborn, and Rev. John Rankin are examples of those who left the state for -abolition centers.[19] - -Rev. John Roy was a Methodist preacher who rode Green circuit in -Tennessee. He was a man of considerable ability, strong feeling, full -of courage, with an iron will. He was strongly anti-slavery in his -sentiment, and for this reason moved to Indiana, where he died in 1837 in -his 69th year.[20] - -Peter Cartwright was one of the greatest preachers of Methodism. He was -a native Virginian, but entered the Western Conference in 1804. He gave -a great part of his life to the services of the church in Tennessee. He -was a man of great humor and wit, and was a fighter against slavery. -He finally decided that his labors would be more appreciated in an -anti-slavery state, and moved to Illinois in 1824. He became increasingly -bitter against slaveholders in his old age, and as a delegate from -Illinois to the Methodist Conference in 1844, he voted for the division -of the church. - -Charles Osborn was one of the greatest of these leaders who left the -state. He was born in North Carolina, August 21, 1795. At the age of -19, he moved with his parents to Tennessee, where he became a Quaker -minister. In December, 1814 he organized the manumission movement in -Tennessee, and was its leader until 1816, when he moved to Ohio, where -he did his greatest work.[21] George Washington Julian makes Osborn the -undoubted leader in the abolition movement of the Northwest, of which -Ohio was the center and one of the two centers of the abolition movement -in the nation. Osborn laid the foundation for his work in his new field, -for which Tennessee had prepared him by environment and previous service, -by establishing at Mount Pleasant, Ohio, in 1817, the Philanthropist, -which Julian regards as the first anti-slavery publication in the United -States.[22] In 1818, Osborn removed to Indiana, where he lived the -remainder of his life. - -Rev. John Rankin was possibly the greatest of those leaders who saw -fit to leave the State to find an environment more in harmony with -his attitude toward slavery. He was a Presbyterian minister, “who was -destined, during the three decades preceding the Civil War, to occupy a -position of first importance among the anti-slavery workers of the United -States. In 1825, he published his famous _Letters on Slavery_, which went -through many editions and exerted a very great influence. Many western -men have called him the ‘father of abolition,’ and it was not an uncommon -thing in the thirties to hear him spoken of as ‘the Martin Luther of -the Cause’.”[23] Rev. Rankin said that in his early boyhood a majority -of the people of East Tennessee were abolitionists.[24] The first issue -of the Emancipator, referring to the loss of anti-slavery leadership in -Tennessee, said, - - Thousands of first-rate citizens, men remarkable for their - piety and virtue, have within twenty years past, removed from - this and other slave states to Ohio, Indiana and Illinois, that - their eyes may be hid from seeing the cruel oppressor lacerate - the back of his slaves, and that their ears may not hear the - bitter cries of the oppressed. I have often regretted the loss - of so much virtue from these slave states, which held too - little before. Could all those who have removed from slave - states on that account, to even the single state of Ohio, have - been induced to remove to, and settle in Tennessee, with their - high-toned love for universal liberty and aversion to slavery, - I think that Tennessee would ere this have begun to sparkle - among the true stars of liberty.[25] - -James Jones, Samuel Doak, Mr. R. G. Williams, Rev. Philip Lindsey, and -Elihu Embree were the most eminent of the group of leaders in abolition -who chose to stand their ground and fight straight from the shoulder. -James Jones was another member of the Society of Friends, who were -really the leaders in the anti-slavery movement in Tennessee. Jones was -thoroughly devoted to the cause of abolition, wrote several addresses -for the Tennessee Manumission Society, and was for several years its -president. His untimely death in 1830 was a serious loss to the cause -of humanity and undoubtedly was the death of the Tennessee Manumission -Society. Benjamin Lundy paid the following tribute to him at his death: - - A great man has fallen, one of the brightest stars in the - galaxy of American philanthropists has set, has set to rise - no more, James Jones, President of the Manumission Society - of Tennessee—the steady, ardent and persevering friend of - universal emancipation, is numbered among the dead.... No - language can impress upon the mind an adequate idea of his many - virtues. Suffice it to say that few men living can fill the - station that he held, with equal honor and usefulness. Long - shall the poor oppressed African mourn for his irreparable - loss.[26] - -Rev. Samuel Doak was the leader of that strong and able Presbyterian -contingent that came from North Carolina into Tennessee in the last -quarter of the eighteenth century. He was also the leading educator of -the State in his day.[27] He was a graduate of Princeton, and founded -in Tennessee the first institution of learning in the Mississippi -Valley.[28] He was a prominent abolitionist from 1800 to 1830, and from -1818 he taught immediate abolition. Among his pupils was Sam Houston, who -opposed secession, John Rankin, and Rev. Jesse Lockhart, who preached and -lectured on abolition in Southern Ohio.[29] - -Dr. Philip Lindsey, who was President of the University of Nashville from -1825 to 1850, was the leader in organizing the Tennessee Colonization -Society. He was its president for a number of years and was connected -with it until his death. His educational leadership gave the colonization -movement a prestige and influence that could not have come through any -other channel. The University of Nashville in this period was the leading -educational institution of the State, if not of the South.[30] - -Mr. R. G. Williams was one of the anti-slavery leaders who helped to -make Maryville, in East Tennessee, the seat of Maryville Seminary, now -Maryville College, one of the great anti-slavery centers of the nation, -a forerunner of Oberlin in Ohio. “We are rejoiced to know,” said The -Emancipator of New York, “that in East Tennessee and directly in the very -center of the slaveholding country, among the fastnesses of the American -Alps, God has secured a little Spartan band of devoted abolitionists of -the best stamp, whom neither death nor danger can turn,”[31] and a later -issue of The Emancipator, quoting the letter of a student of Maryville -College, said, “We take the liberty to uphold and defend our sentiments, -whether it is agreeable or not to the selfishness of the slaveholder. -We would thankfully receive any communication on the subject. We have -some friends in the country around, among whom we have the privilege -of distributing without fear a considerable number of pamphlets. About -thirty students in the Theological Seminary at this place are preparing -for the ministry, of whom twelve are abolitionists.” This same issue, -quoting a letter of Mr. R. G. Williams, said: “We could form a good -Anti-slavery Society in this part of the state, but we choose to work -in an unorganized manner a while yet, before we set ourselves up as a -target, notwithstanding the strict laws of Tennessee. We meet through the -country and discuss the merits of abolition and colonization; the former -is ably defended by Rev. T. S. Kendall, pastor of the Seceder Church in -this county (Blount), and several others.”[32] - -The most eminent anti-slavery leader in the state was Elihu Embree. He -was a Quaker, son of Thomas and Esther Embree, of Pennsylvania, born -November 11, 1782. He moved to Tennessee at an early age, and became -an iron manufacturer in East Tennessee. He early espoused the cause of -freedom, and began at Jonesboro, Tennessee, in 1819, the publication -of the Manumission Intelligencer as the mouth-piece of the manumission -societies of Tennessee. He continued this publication until his untimely -death in 1820. - -Embree was a radical, outspoken, and uncompromising abolitionist. He -was the leader of the Society of Friends in their work for abolition -in Tennessee. Embree’s writing and lecturing on abolition did more to -advertise the state as an abolition center in the twenties than the work -of all the others combined. In Garrison’s Life, by his children, there is -an account of the work of Embree, “to whom,” it says, “must be accorded -the honor of publishing the first periodical in America of which the one -avowed object was opposition to slavery.”[33] Mr. Embree said he “spent -several thousand dollars ... in some small degree abolishing, and in -endeavoring to facilitate the general abolition of slavery.”[34] - -Embree had owned seven or eight slaves, but in discussing his connection -with slavery, he said: - - “I repent that I ever owned one. And indeed the crime is of - such a hue, that the time may yet come, that a man who has, in - a single instance, gone astray thus far, may never be able - in his life time to regain public confidence; and should this - change of public sentiment take place in my day, and render - me disqualified to act in the promotion of this glorious - cause, I hope to acquiesce in, and be resigned to suffer the - just judgment, and be more humble under a sense of my past - misconduct; meanwhile I shall doubtless have the pleasure of - rejoicing at seeing this stigma on our religious professions, - and scar upon our national escutcheon, eradicated by men of - clean hands.”[35] - - -III. ABOLITION LITERATURE. - -The first issue of the Manumission Intelligencer was published in March, -1819, at Jonesboro, Tennessee. It was a weekly at first, and, in this -form, about fifty issues were published, eight or ten copies of which -are in the possession of various individuals in Washington County. -In 1820, Embree changed the paper to a monthly octavo and called it -The Emancipator.[36] Due to Embree’s death, December 12, 1820, The -Emancipator was forced to discontinue, after a very prosperous existence -of eight months, during which time a subscription list of 2000 had been -secured.[37] The numbers issued were bound in one volume of one hundred -and twenty pages, a copy of which is in the possession of Esq. Thomas J. -Wilson, who married Mr. Embree’s daughter. - -Embree said that the purpose of “This paper is especially designed by the -editor to advocate the _abolition of slavery_, and to be a repository of -tracts on that interesting and important subject. It will contain all -the necessary information that the editor can obtain of the progress of -the abolition of slavery of the descendants of Africa, together with a -concise history of their introduction into slavery, collected from the -best authority.”[38] - -Mr. Embree, in discussing the progress of abolition in Tennessee and his -publication, said: - - Twenty years ago, the cause of abolition was so unpopular in - Tennessee that it was at the risk of a man’s life that he - interfered or assisted in establishing the liberty of a person - of color that was held in slavery, though held contrary to - law. The lives of some of my intimate acquaintances, I well - recollect to have been threatened, who had felt it their - duty to aid some out of their unlawful thralldom. And it was - sufficient in those times to procure a man the general hatred - of his neighbors, although he never even succeeded, and the - case made plain that the poor negro was not lawfully a slave. - But by little and little, times are much changed here, until - societies of respectable citizens have arisen to plead the - cause of abolition; and instead of it being a disgrace to a man - to be a member of these societies, it is rather a mark of the - goodness of his heart, and redounds to his honor. I have no - hesitation in believing that less than twenty years ago a man - would have been mobbed, and the printing office torn down for - printing and publishing anything like the Emancipator; whereas - it now meets the approbation of thousands, and is patronized - perhaps at least equal to any other paper in the State.[39] - -There was a very close connection between Embree’s publication and -those of Lundy and Garrison. Lundy was a contributor to Osborn’s -Philanthropist, published at Mount Pleasant, Ohio, and made two trips to -see Osborn about becoming connected with his publication. The contest -over the admission of Missouri attracted Lundy’s interest, and before -this matter was settled, Osborn had sold his paper. Meanwhile, Embree -had established at Jonesboro, Tennessee, The Emancipator. Lundy now -abandoned the idea of an anti-slavery journal, but, on learning of -Embree’s death in 1820, he decided that the anti-slavery forces must have -an organ. In July, 1821, at Mount Pleasant, Ohio, he issued the first -number of The Genius of Universal Emancipation. Lindsay Swift, in his -life of Garrison, said: “It was the legitimate successor in spirit of -Elihu Embree’s Emancipator, started the year previous in Tennessee.”[40] -Lundy published only eight numbers of The Genius in Ohio, when he was -persuaded by Embree’s friends to remove The Genius to Tennessee and -publish it on Embree’s press.[41] He, accordingly, bought Embree’s press -and the subscription list to his Emancipator, and published The Genius in -Tennessee for nearly three years.[42] Lundy in a letter, dated March 16, -1823, said: “My paper circulates well. If any person had told me when I -commenced that I should be as successful under all my disadvantages as I -have been, I could not have believed him.”[43] - -Tennessee is really the mother of abolition literature in the United -States. She was the original home of The Manumission Intelligencer and -The Emancipator, became the seat of The Genius of Universal Emancipation, -and sent out Osborn who established The Philanthropist in Ohio. Of -course, Lundy was the inspiration of Garrison, who decided to establish -The Liberator after his association with Lundy, and this publication -is just as truly a continuation of The Genius as it was the prolonged -life of The Emancipator. Instead of assigning first place to the work of -Garrison, as Johnson’s Life of Garrison, Greeley’s History of American -Conflict, Wilson’s History of the Rise and Fall of the Slave Power, and -Von Holst’s Constitutional and Political History of the United States do, -it seems that this pioneer work of Embree really made possible the work -of Lundy and Garrison. - - -IV. PETITIONS TO THE LEGISLATURE FOR ABOLITION. - -From 1815 to 1834, the legislature was constantly petitioned by the -abolitionists of the state. These petitions prayed for easier conditions -of emancipation, better treatment of slaves, prevention of separation -of husband and wife, prohibition of the entrance of slaves into the -state, and some plan of disestablishment of slavery. The Scriptures, the -Constitution of the United States, the Bill of Rights, Declaration of -Independence, and the laws of nature were usually made the basis of these -petitions. - -In 1817, one of the most suggestive of these petitions was presented. -This petition proposed that the courts be empowered in granting petitions -for freedom to require the master to “give to those he is discharging a -lease on lands for years, free of rent, charge and taxes, with provisions -adequate for the first year, with a limited portion of stock and -articles of husbandry.”[44] “For years,” it states, “we have seen monied -aristocracies rising in our land; and wealth attaching reverence, and -creating distinction; in proportion as these evils shall increase, will -men’s consciences be seared and their minds turned against the rights and -liberties of those, who constitute an essential part of their wealth.” -It also called attention to the need for additional protection for free -negroes, and suggested that it be made a felony to steal and sell a free -negro into slavery. It also pointed out that the young free negroes with -neither father nor mother alive or free should be attached to suitable -persons, preferably their emancipators, to be “reared to habits of -industry, and prepared for the duties of life.”[45] This petition was -signed by eighty-eight citizens, among whom was Jno. H. Eaton, later -Andrew Jackson’s Secretary of War. - -In 1815, there was a petition presented to the legislature, signed by -four hundred and four citizens, of whom twenty-two were slaveholders, -asking that a general plan for disestablishing slavery be enacted. -There were thirty-six petitions, signed by 2153 persons, presented to -the legislature in 1817,[46] and twenty-one petitions signed by 2253 -persons in 1819.[47] The Manumission Society of Tennessee presented a -petition to the legislature in 1819, asking that the children of slaves -be emancipated at a certain age, that slaves capable of supporting -themselves be manumitted without the assumption of heavy obligations by -their masters, and that the “inhuman and barbarous practice of trading in -slaves be prohibited.” - -These petitions became more numerous in the later twenties. In 1825, -there were 497 petitions presented to the legislature; in 1827, there -were 2818, and 1328 in 1829. These petitions were signed by hundreds. -In addition to these circulated petitions, there were many individual -requests for the permission to emancipate entire families without -security, or with permission for the negroes to remain in the state. - - -V. ABOLITION IN THE CONVENTION OF 1834. - -“It is supposed,” said the Nashville Republican, February 20, 1834, “that -efforts will be made to insert a provision for the gradual abolition of -slavery, and perhaps the colonization of our colored population. Upon the -propriety of this step we shall not at present decide. Much would depend -upon the nature of the provision, whether well adapted to our present -and future condition. The legislature of Tennessee has already taken up -the cause of colonization, and made, perhaps, as liberal provision for -it as our finances permitted. The nature of things, the march of public -opinion, the voice of religion, all have said that American slavery must -have an end. What shall be the legislative measures to that effect, and -where they shall begin, are questions for prudence to determine.”[48] - -In accordance with this prophecy, as soon as the convention was -organized, petitions were presented, proposing the following amendment to -the constitution: - - All slaves born within the limits of the state of Tennessee - from and after the first day of January, 1835, shall be free, - together with their issue, upon the said slaves, so born, as - aforesaid, arriving at the age of twenty-one years, and upon - condition that within one year after their so arriving at the - age of twenty-one years, they, together with their issue, - remove without the limits of the state of Tennessee, and never - return to reside therein—and that any slave or slaves who - reside without the limits of the state of Tennessee, on or - after the first day of January, 1835, and who may afterwards be - brought within the limit of the said state to reside, or who - remain within the said limits for a term of more than sixty - days under any pretence whatever, such slave or slaves shall - be free, and all slaves who shall have attained the said age - of twenty-one years, and who shall not have removed without - the limits of said state within 12 months thereafter, shall - be hired out by some authority, prescribed by the legislature - for one, two, or three years, and the proceeds of their labor, - appropriated for defraying the expense of removing them to - Liberia, in Africa, or to such places without the limits of - the United States as may be considered suitable for their - reception, and for providing for their substance for twelve - months after their arrival at their new home.[49] - -The convention, despite the efforts of a determined minority, well backed -by its constituency, steadily refused to consider these memorials on -slavery. They were at first merely read and laid on the table. On May -30, Mr. Stephenson, of Washington County, moved the appointment of a -committee of thirteen, one from each congressional district, to whom the -memorials should be referred, and who should report to the convention -a plan for the disestablishment of slavery. This motion was lost on -June 2.[50] June 6, Mr. Allen, of Sumner County, moved the appointment -of a committee of three, one from each division of the state, to draft -resolutions, giving reasons why the convention refused to consider the -petitions of the memorialists. After vain attempts to amend the motion, -it prevailed. The president of the convention appointed a committee of -three, consisting of Messrs. Allen, John A. McKinney, and Huntsman.[51] -Mr. Fogg of Davidson County, was substituted on the committee for Mr. -Allen, and Mr. McKinney was made chairman. On motion of Mr. McKinney, the -memorial on slavery was turned over to the committee. - -June 19, the committee reported through its chairman, Mr. John A. -McKinney. The report is very clever in its arguments and significant -for its admissions and professions. It was really a polite apology for -slavery. It gave the following as the main reasons that the convention -refused to consider the memorials on slavery: - - 1. That if Tennessee were to say that the children of all - slaves born after a specified time would become free at a - certain age, it would mean either that these slaves would be - sold to other slave states before they became free, or that - their masters would go there with them.[52] - - 2. That such congregating of slaves would aggravate their - situation and tend toward a servile war.[53] - - 3. “That in Tennessee, slaves are treated with as much humanity - as in any part of the world, where slavery exists. Here they - are well clothed and fed, and the labor they have to perform is - not grievous nor burdensome.”[54] - - 4. That the slaves of Tennessee do not want to leave the state - and that, if their wishes are respected, the prayers of the - memorialists will not be granted. - -This report admits that slavery is a great evil and utters the following -prophecy of its abolition: “The ministers of our holy religion will -knock at the door of the hearts of the owners of slaves, telling every -one of them to let his bondsman and his bondswoman go free, and to send -them back to the land of their forefathers, and the voice of these holy -men will be heard and obeyed, and even those who lend a deaf ear to the -admonitions in the hour of death, will, on a bed of sickness and at the -approach of death, make provision for the emancipation of their slaves, -and for their transportation to their home on the coast of Africa.”[55] -This report was adopted by the convention by a vote of 44 to 10. - -Mathew Stephenson, of Washington County, supported by John McGoughey, -Richard Bradshaw, and James Gillespey, prepared a protest to the -committee’s report in which they said: - - We believe that the importance of the subject, deeply - involving the interest and safety of the State, both in a - political and moral point of view, together with the number - and respectability of the memorialists, merited from this - convention a more respectful notice and consideration, than - merely to appoint a committee of three, with instructions to - give reasons why the convention would not take up and consider - the matter.[56] - -This protest from members of the Convention was supported by petitions -from the anti-slavery forces in the state. A petition from the citizens -of Jefferson called attention to some of the weaknesses of the report -of the committee of three, such as the admission of the great evil of -slavery, its subversiveness of republican institutions, the selling of -slaves to the more southern slaveholding states, the pitiable condition -of the free negroes, which was equally applicable to white men, and the -fallacy of the argument that Tennessee would ever be more favorable to -emancipation. - -The protest of this committee, re-enforced by these “loud and reiterated -calls, for at least some prospective relief from the evils” of slavery, -persuaded the convention to make a more detailed analysis of the -memorials of slavery in order to make its position clear to the people of -the state. On July 9, a motion was adopted to re-commit the memorials on -slavery to the committee of three for a second report. - -The second report of the Committee of three showed that there were 1804 -signatures to the memorials and that only 105 of these were designated -as slaveholders.[57] The report admitted that there might be some -signatures of slaveholders not so designated, but that such a number -was likely inconsiderable. The report showed that the slaveholding -petitioners did not represent the owners of five hundred slaves, and -probably not of half that number, while the owners of one hundred and -fifty thousand slaves were unrepresented by the memorialists. - -The memorialists represented the counties of Washington, Greene, -Jefferson, Cocke, Sevier, Blount, McMinn, Monroe, Knox, Rhea, Roane, -Overton, Bedford, Lincoln, Maury, and Robertson, distributed as -follows: two hundred and seventy-three in Washington; three hundred -and seventy-eight in Greene; thirty-three in Maury; sixty-seven in -Overton; twenty-four in Robertson; one hundred and five in Lincoln; one -hundred and thirty-nine in Bedford; and smaller numbers in the other -nine counties from which the petitions were presented.[58] The number -of memorialists was rather small as compared with the five hundred -and fifty thousand population of the state, and was almost entirely -unrepresentative of the slaveocracy of the state. - -The committee further showed that almost all the petitions presented a -plan of emancipation. About one-half of the memorialists asked that all -slave children born after 1835 be made free, and that all slaves in the -state be made free by 1855. They asked that all negroes be sent out of -the state. The other memorials asked that all the slaves be emancipated -by 1866 and colonized. - -The committee thought, “to assert that the hundred and fifty thousand -slaves now in this state, together with their increase, could be -emancipated and colonized in the short term of twenty-one or even -thirty-two years, with the aid of means at the command of the State, -is a proposition so full of absurdity, that no person in his sober -senses, who had taken any time to reflect on the subject, would possibly -maintain.”[59] - -This report was followed by another protest, July 21, made by a committee -consisting of Mathew Stephenson, Richard Bradshaw, and John McGoughey, -to the effect that the memorialists were not fairly treated by the -convention, and that the committee of three rather labored in its report -to ridicule their petitions instead of answering them by proposing some -constructive plan of abolition. - -Mr. Joseph Kincaid protested against the reference made in the second -report of the committee to the free negro. The report stated that, -“Unenviable as is the condition of the slave, unlovely as is slavery in -all its aspects, bitter as the draught may be that the slave is doomed to -drink, nevertheless, his condition is better than the condition of the -free man of color, in the midst of a community of white men with whom -he has no common interest, no fellow-feeling, no equality.”[60] “From -the above conclusions, which the committee arrived at in their report, -it would seem,” said Mr. Kincaid, “that they hold slavery to be a more -enviable situation, than that of freedom under the above circumstances: -Therefore, it would seem to follow, that those colored people, who are -now free, should be subjected to slavery, in order to better their -condition—and that slavery should be rendered perpetual.”[61] - -Despite the persistent efforts of a small though respectable minority in -behalf of abolition, it cannot be said that the convention at any stage -of its proceedings evinced any pronounced anti-slavery attitude. It was -more anti-negro than anti-slavery. It deplored the existence of slavery, -and indicated that in the course of time colonization might eliminate -slavery. In anticipation of a possible compensated emancipation, the -convention inserted a clause in the constitution by a vote of 30 to -27, forbidding the legislature to abolish slavery without the consent -of the owners and without paying them a money equivalent for the -slaves emancipated. It was later attempted to place a constitutional -prohibition on compensated emancipation, but it failed by a vote of 3 to -20.[62] - - -VI. ABOLITION SENTIMENT AFTER 1834. - -There continued to be anti-slavery forces in the state as long as slavery -existed. In 1835, there was organized at Rock Creek, in East Tennessee, -an abolition society that advocated immediate abolition. It was one -of three abolition societies at this time in the entire South, the -other two being in Virginia and Kentucky. This society lasted only two -years.[63] In 1836, fifty-five citizens of Rhea County sent a petition -to the legislature, protesting against a law that the legislature had -passed making it a penitentiary offence to receive abolition literature. -This protest states, “that said law is too bloody, too tyrannical and -too despotic to govern a free people which we profess to be in practice -and should be in theory.” The petitioners further state that they are -“opposed to the manner in which such law has curtailed our most sacred -privileges, the free communication of thought upon any subject provided -we tell the truth.”[64] The Maryville Intelligencer, issued at the seat -of Maryville College, published reports of the synods of the Presbyterian -Church, yet the editor remarked that “this publication, we must remember, -is after a law making it penal in Tennessee to receive any anti-slavery -paper or pamphlet, yes, making it a penitentiary offense to receive -this very report of the Kentucky Synod.”[65] Hon. John M. Lea made one -of the last anti-slavery addresses in Tennessee before the Apprentices’ -Union at Nashville in 1841.[66] In 1849, the Jonesboro Whig said: “In -Tennessee, the residence of James K. Polk, especially in East Tennessee, -anti-slavery sentiments are strong and decided.” The Knoxville Tribune -at this same time was publishing a series of papers on abolition, -advocating the calling of a constitutional convention to amend the -constitution to “open the way for the full and final redemption of the -state.”[67] - -A correspondent from Tennessee in the New York Observer, writing on -abolition in the state, said in 1849: - - The question is being a good deal agitated, and fully - discussed. Many who own slaves oppose the institution, and - non-slaveholders almost to a man. In my neighborhood of some - five miles square, there are about eighty families, and a - number of them own slaves, and there is but one advocate of - slavery. A slaveholder said, “It is of no use to avoid the - question any longer. The sooner it is settled the better, for - God has declared that right shall prevail, and slavery must - end.” Another individual who occupies a high station in society - said, “Agitate the question and anti-slavery will prevail.” - I might produce hundreds, yes, thousands of expressions of - opinion equally strong and decisive. The great difficulty seems - to be as to the means of getting rid of the evil.[68] - -While there was this anti-slavery minority expressing itself in an -intermittent way after 1834, the great majority of the state was -thoroughly pro-slavery. In 1835, Rev. Amos Dresser, an active member -of the Abolition Society of Ohio, was arrested in Nashville for -publishing and circulating pamphlets among the slaves to incite them -to insurrection. The Committee of Vigilance and Safety, consisting of -sixty-two citizens, tried him and found him guilty. He was sentenced to -receive twenty stripes on his bare back and to leave the city within -twenty-four hours. He received the flogging, and did not wait for the -expiration of the twenty-four hours.[69] - -Public meetings were generally held, denouncing such insurrectionists -and their accomplices. It was reported that Arthur Tappan and others of -New York City had furnished funds to aid the circulation of abolition -literature in the state. At one of these meetings held by the Committee -of Vigilance and Safety, the merchants of Tennessee were requested to -boycott Arthur Tappan and Company and all other abolitionists. These -incidents were largely responsible for the Act of 1836 mentioned above -and the Gag Resolution in Andrew Jackson’s administration. In the debate -in the Senate on the Calhoun Resolution, both of the senators from -Tennessee, Hugh Lawson White and Felix Grundy, defended the flogging -of Rev. Dresser. Senator Grundy advocated a “summary disposal of such -abolitionists.”[70] - -Tennessee was never a unit on the slavery question. There were scattered -groups of abolitionists throughout the state as long as slavery existed, -while East Tennessee was almost solidly anti-slavery. The contest over -slavery in the convention of 1834, in the churches, and in politics -created divisions among the people of the state that have had a permanent -influence upon the life of the state. - -It is singularly true, however, that Tennessee did finally abolish -slavery by popular vote. She was the only one of the Confederate States -that was excepted from President Lincoln’s Emancipation Proclamation of -1863[71] and that abolished slavery by its own act. There was an attempt -to hold a convention of Union men in Nashville in the fall of 1864, but -the Confederate army in the vicinity of Nashville made it unsafe for -the convention to meet. It did meet January 8, 1865, and on the ninth -recommended that Article II, Section 31, of the Constitution of 1834, -to the effect that “the General Assembly shall have no power to pass -laws for the emancipation of slaves without the consent of their owner -or owners,” be abrogated and that slavery be abolished forever, and the -legislature be forbidden to re-establish property in man. These proposed -constitutional changes were submitted to popular vote of the Union men, -February 22, 1865, and Andrew Johnson as military governor of Tennessee -announced that the amendments had been adopted and that “the shackles -have been formally stricken from the limbs of more than 275,000 slaves in -the state.”[72] - -“The amended constitution of the State of Tennessee adopted on the 22nd -of February, 1865,” said Judge Shackelford in 1865, “prohibits slavery -or voluntary servitude, in the State of Tennessee, and it has forever -ceased to exist.”[73] It is clear, then, that his amendment was not the -ratification of President Lincoln’s Proclamation, which did not apply to -Tennessee, but was itself the act of emancipation by which the slaves of -Tennessee ceased to be property and became free men. - - -FOOTNOTES - -[1] Acts of 1777, Ch. 6, Sec. 2. - -[2] Acts of 1829, Ch. 29, Sec. 1. A special legislative grant was -requisite for a valid emancipation in Georgia, South Carolina, Alabama, -and Mississippi. See James’ Dig., 398, Act of 1820; Prince’s Dig., 456, -Act of 1801; Toulman’s Dig., 632; Mississippi Rev. Code, 386. In North -Carolina and Tennessee, the courts granted emancipation—Haywood’s Manual, -525; Act of 1801, Ch. 27. In Kentucky, Missouri, Virginia, and Maryland, -the master exercised this power under rules and regulations established -by the statutes of these states. 2 Litt. and Swi., 1155; 2 Missouri Laws, -744; 1 Rev. Code of Virginia, 433; Maryland Laws, Act of 1809, Ch. 171. - -[3] Acts of 1854, Ch. 50, Sec. 1. - -[4] Petitions in State Archives. - -[5] Acts of 1801, Ch. 27, Sec. 3. - -[6] Ibid., Sec. 4. - -[7] Acts of 1784, Ch. 10, Sec. 7. - -[8] Fisher’s Negroes v. Dabbs, 6 Yerger, 119 (1834). - -[9] Acts of 1829, Ch. 29, Sec. 1. - -[10] Harris v. Clarissa, 6 Yerger, 227 (1834). - -[11] Acts of 1833, Ch. 81, Sec. 2. - -[12] Lewis v. Simonton, 8 Humphrey, 189 (1847). - -[13] Acts of 1784, Ch. 10, Sec. 7. - -[14] Lewis v. Simonton, 8 Humphrey, 189 (1847). - -[15] Wheeler, p. 385. - -[16] Ibid., p. 335. - -[17] Supra, p. 160. - -[18] Phillips, Ulrich Bonnel, American Negro Slavery, p. 120. - -[19] Nile’s Weekly Register, Vol. 14, pp. 321ff. - -[20] McFerrin, I, 150. - -[21] Southern History Association Publications, II, 108. - -[22] Indiana Historical Society Publications, Vol. 2, pp. 233ff. - -[23] Tennessee History Magazine, Vol. 1, p. 264. - -[24] Indiana Historical Society Publications, Vol. 2, p. 246. - -[25] Hoss, E. E., P. of V. S. H. S., No. 2, p. 11. - -[26] The Genius, II, 2. - -[27] Southern History Association Publications, II, 103. - -[28] Phelan, p. 233. - -[29] Southern History Association Publications, II, 104. - -[30] The Emancipator, March 8, 1838, p. 175. - -[31] Ibid., March 16, 1838, p. 178. - -[32] The Emancipator, March 16, 1838, p. 178. - -[33] Garrison’s Garrison, I, 88. - -[34] P. of V. S. H. S., No. 2, p. 8. - -[35] P. of V. S. H. S., No. 2, p. 22. - -[36] Temple, O. P., p. 91. - -[37] Weeks, S. R., Southern Quakers and Slavery, p. 239; see also Martin, -A. E., Tennessee History Magazine, Vol. I, p. 267. - -[38] Hoss, E. E., P. of V. S. H. S., No. 2, p. 7. - -[39] S. H. A. P., II, p. 104. - -[40] Swift, Lindsay, Life of Garrison, p. 60. - -[41] Earl, Thomas, Life of Benjamin Lundy, pp. 16-20. - -[42] Temple, p. 91. - -[43] Earl, p. 21. - -[44] Petitions of 1817, State Archives. - -[45] Petitions of 1815, State Archives. - -[46] Petitions of 1817, State Archives. - -[47] Petitions of 1819, State Archives. - -[48] The Nashville Republican, February 20, 1834. - -[49] Petitions of 1834, State Archives. - -[50] Journal of the Convention, p. 72. - -[51] Ibid., p. 89. - -[52] Journal of the Convention, p. 89. - -[53] Ibid., p. 90. - -[54] Ibid., p. 91. - -[55] Journal of the Convention, p. 93. - -[56] Ibid., p. 102. - -[57] Ibid., p. 125. - -[58] Journal of the Convention, p. 126. - -[59] Ibid., p. 127. - -[60] Journal of the Convention, p. 89. - -[61] Ibid., p. 225. - -[62] Ibid., p. 201; Constitution of 1834, Art. II, Sec. 31. - -[63] The Liberator, July 25, 1835; American Anti-Slavery Almanac, -December, 1836, p. 47. - -[64] Petitions of 1836, State Archives. - -[65] Quarterly Anti-slavery Magazine, II, 364. - -[66] Hale and Merritt, II, 300. - -[67] Ninth Annual Report of American and Foreign Anti-slavery Society, -1849, p. 52. - -[68] Hale and Merritt, II, 299. - -[69] Ibid., p. 300. - -[70] Fifth Annual Report of American Anti-slavery Society, 1838, pp. -72-73. - -[71] Andrews v. Page, 3 Heiskell, 658 (1870). - -[72] Acts of 1865, pp. IX-XIII. - -[73] Nelson v. Smithfeter, 2 Caldwell, 14 (1865). See also Graves v. -Keaton, 3 Caldwell, 14 (1866); Wharton v. The State, 5 Caldwell, 3 -(1867); Bedford v. Williams, 3 Caldwell, 210 (1867). - - - - -CHAPTER VIII - -CONCLUSIONS - - -The periods in the development of slavery in Tennessee are rather well -defined. The institution made no remarkable progress before 1790. Its -growth was slow and gradual. There were no special forces contributing -to its development. Only the mountainous part of the state was being -settled, and the cotton industry had not developed. The pioneers were -not in thought or manner of living favorable to slavery. They either -did their work single-handed, or combined with their neighbors in the -performance of the heavier phases of it. Slavery was not a controlling -factor, in a pioneer life characterized largely by hunting, fishing, -trading, and small farming. It was more or less a useless luxury, which -only the more fortunately situated could afford. Whatever progress -slavery made during this period was due to purely natural forces and -conditions. There were only 3,417 slaves in the state in 1790, and their -value was less than $100 each. - -From 1790 to 1835, slavery expanded very rapidly. In the first decade -of this period, the slave population increased 297.54 per cent; in the -second, 227.84 per cent; in the third, 79.87 per cent; and in the fourth, -76.76 per cent. There were 183,059 slaves in the state in 1840. Frontier -conditions were largely supplanted by a more prosperous society. Cotton -became the chief agricultural product of the state. West Tennessee, -the part of the state especially adapted to the production of cotton, -was settled during this period. Tobacco was profitably grown in Middle -Tennessee, with the aid of slave labor. The river valleys of East -Tennessee became cotton producing areas. Slavery in this period proved -to be a profitable labor system in by far the larger portion of the -state. This period is especially characterized by the growing economic -importance of slavery and the weakening of the abolition sentiment. The -slave was worth about $550 in 1835. The state reversed its policy toward -the free negro in 1831, disfranchised him in 1834, and refused in the -convention of 1834 even to consider abolition. - -From 1835 to 1855, there was practically one opinion in the state on -the slavery question. There was a dissenting minority, but it was so -inconsiderable as to be almost negligible. The prevailing opinion -was that abolition was impracticable. The slaves were not regarded -as being able to sustain themselves. They were not prepared for the -duties of citizenship. The state was not financially able to purchase -them and colonize them. It was held that any policy the state might -adopt would in its execution require the coöperation of the other -slaveholding states. The more seriously the problem was attacked, the -larger the proportions which it assumed. Slavery appeared from every -angle to be a permanent institution. This conclusion led to a policy of -safeguarding its interests, and improving the condition of the slaves. -Legislation restricting emancipation, preventing influx of free negroes, -and establishing voluntary enslavement was enacted. The change in the -attitude of the churches during this period enabled them to have more -influence over the slaveholders and to establish closer relations with -the slaves. The churches constantly insisted upon a humane treatment of -the slaves. - -There are several outstanding features of Tennessee slavery that deserve -special emphasis. The state, until the early thirties, may be ranked -along with Ohio and New England as an abolition center. Tennessee had -more abolition societies in 1825 than any other state in the Union except -North Carolina. In 1840, there were 5,524 free negroes in the state. -Maryville College, at Maryville, Tennessee, was a center of abolition -propaganda. Union University, at Murfreesboro, Tennessee, numbered active -abolitionists in its faculty. The state was the birth-place of the first -out-right abolition paper published in the United States, and it became -the connecting-link between Lundy and Garrison. The state sent a number -of anti-slavery leaders into Ohio, Indiana, and Illinois. The Tennessee -churches were uniformly anti-slavery until they saw they were losing -their membership and were being ostracized from the proper contact -with the slaves. As long as slavery existed in the state, manumission -continued, despite legal restriction, as an expression of an active -anti-slavery sentiment. - -The slave’s legal status in Tennessee was exceptionably favorable. The -law guaranteed to him shelter, food, clothing, and medical attention. -It protected him against the violence of his master and of society. It -prevented avaricious masters from emancipating him when he ceased to be -productive and gave him the right to institute suit for his freedom. -It permitted him to contract for his freedom against administrators -of estates who were seeking to hold him in slavery. It furnished free -counsel for his defense when his interests were in jeopardy. It also gave -him trial by the same jury that the white man had. - -The patrol system was an elaborate system of government for a non-citizen -class. It was, however, a government of law. Its administrative agents -included searchers, patrols, magistrates, sheriffs, constables, masters -and mistresses. Every citizen was subject to patrol duty. These agents -enforced a code that reduced almost every activity and relation of -the slave to a basis of law. The patrol system was characterized by a -careful consideration of the slave’s weaknesses and, with its patriarchal -supervision, gave him a respect for authority that partially prepared -him to be a citizen in a government of law. It is singularly true that -Tennessee negroes today enjoy a greater participation in politics than -any other Southern negroes. The background for this status and friendly -attitude is to be found in the ante-bellum politics of the state. - -The finest expression of Tennessee’s attitude toward the negro slave is -found in the genuinely humane treatment accorded him. He was well fed, -clothed, and housed. The evils of the absentee landlord system with its -overseer and slave-driver were never prevalent. The small farmer was -considerate of his welfare. The churches constantly sought to improve -his condition. They reached him indirectly through their services. Their -influence manifested itself in charity, in marriage ceremonies, at the -sick-bed, in manumission societies, in the halls of legislation, and -in the benevolent philosophy of the Christian judge. Efforts at harsh -legislation were either defeated at the time or modified later by more -considered enactments. It has been abundantly shown, however, that it -was the courts of Tennessee that constituted the bulwark of protection -for the slave. They dealt with him not as a chattel but as a man. The -slave code became in their hands an opportunity and a means to humanize -the institution. They could not annul the law of slavery, but they did -largely abolish it in fact by their interpretation of it. - -The condition of the free negro was never promising. He was largely -always subject to certain legal restrictions. The system of registration -adopted in 1806, the exclusion act of 1831, and his disfranchisement -in 1834 were expressions of an increasing hostility toward him. He was -always a possible avenue through which the abolitionists might reach the -slave. This made him a menace to society. His association, therefore, -with slaves was forbidden by law. He was practically a social outcast. -The slaves regarded him as worthless. Finally, provision was made for his -re-enslavement. - - - - -BIBLIOGRAPHY - - -A. Sources. - -I. Records. - - 1. Colonial Papers 1661. - - 2. Colonial Entry Book No. 73. - - 3. Colonial Records of North Carolina, I-X (1662-1776). - - 4. State Records of North Carolina, XI-XXVI (1776-1790). - - 5. Journal of the Legislative Council of the Southwest - Territory (1794-1796). - - 6. Journal of the House of Representatives of the Southwest - Territory (1794-1795). - - 7. Annals of Congress, 17th Congress, 1st Session. - - 8. Annals of Tennessee, Ramsey, J. G. M., Philadelphia, 1860. - - 9. Whig Almanac for the years 1836, 1844, and 1848. - - 10. American Anti-slavery Almanac for 1836. - - 11. Congressional Globe, 1st Session, 33rd Congress; and 2nd - Session, 38th Congress. - -II. Documents. - - 1. The Constitution of North Carolina, 1776. - - 2. The Constitution of Franklin, 1785. - - 3. The Constitution of the United States, 1787. - - 4. The Constitution of Kentucky, 1799. - - 5. The Constitution of Tennessee, 1796. - - 6. The Constitution of Tennessee, 1834. - - 7. The Constitution of Tennessee, 1870. - - 8. Thorpe, Francis Newton, Federal and State Constitutions, 7 - vols., Washington, 1909. - - 9. MacDonald, William, Select Charters Illustrative of American - History, New York, 1904. - - 10. United States Census of 1850, I, Population. - - 11. Statistical Abstract of United States, 1906. - - 12. United States Statutes at Large, I. - - 13. United States Census of 1870, I, Population. - - 14. Colonial and State Statutes of North Carolina, Colonial - Records, Vols. XXIII-XXV (1715-1790). - - 15. Statutes of the Southwest Territory, 1790-1795. - - 16. Acts of Tennessee. - - a. Public Acts. - - 1st Sess. (1799), 1st Sess. (1801), 1st Sess. (1803), 1st Sess. - (1806), 1st Sess. (1807), 1st Sess. (1813), 1st Sess. (1815), - 1st Sess. (1817), 1st Sess. (1819), 1st Sess. (1821), 1st Sess. - (1823), 1st Sess. (1825), Extra Sess. (1826), 1st Sess. (1827), - 1st Sess. (1829), 1st Sess. (1831), 1st Sess. (1832), 1st Sess. - (1833), 1st Sess. (1835-6), 1st Sess. (1837-8), 1st Sess. - (1839), 1st Sess. (1839), 1st Sess. (1842), 1st Sess. (1843-4), - 1st Sess. (1846), 1st Sess. (1847-8), 1st Sess. (1849-50), 1st - Sess. (1851-2), 1st Sess. (1853-4), 1st Sess. (1855-6), 1st - Sess. (1857-8), 1st Sess. (1861), 1st Sess. (1865). - - b. Private Acts. - - Called Sess. (1824), 1st Sess. (1833). - -III. General Slave Treatises. - - 1. Dobb, T. R. R., Inquiry into the Law of Negro Slavery in the - United States, Philadelphia, 1858. - - 2. Goodell, William, The American Slave Code in Theory and - Practice, New York, 1853. - - 3. Hurd, John Codman, Laws of Freedom and Bondage, 2 Vols., - Boston, 1858-1862. - - 4. Straud, George M., Sketch of the Laws Relating to Slavery, - Philadelphia, 1856. - - 5. Wheeler, Jacob D., A Practical Treatise on the Law of - Slavery, New York, 1837. - -IV. North Carolina Codes. - - 1. Davis, James, Laws of North Carolina (this is really an - edition of Swann’s Laws), New Berne, 1752. - - 2. Iredell, James, Laws of North Carolina, Edenton, 1791. - - 3. Swann, Samuel, Laws of North Carolina, New Berne, 1752. - -V. Codes of Tennessee. - - 1. Caruthers, R. L., Laws of Tennessee, Nashville, 1810. - - 2. Caruthers, R. L., and Nicholson, A. O. P., Statutes of - Tennessee (1786-1836). - - 3. Haywood, John, Laws of Tennessee, Nashville, 1810. - - 4. Haywood, John, and Cobb, Robt. L., Laws of Tennessee, - Nashville, 1831. - - 5. Meigs, Return J., and Cooper, William F., Code of Tennessee, - Nashville, 1858. - - 6. Nicholson, A. O. P., Laws of Tennessee, Nashville, 1846. - - 7. Scott, Edward, Laws of Tennessee (1715-1820). - -VI. Court Reports of North Carolina and Tennessee. - - 1. Caldwell, Thomas H., 7 Vols. (1860-1870), Columbia, Mo., - 1906. - - 2. Hawks, Francis L., 3 Vols. (1821-1825), Winston, N. C., 1897. - - 3. Head, John W., 3 Vols. (1858-1859), Columbia, Mo., 1906. - - 4. Heiskell, Joseph B., 12 Vols. (1870-1874), Louisville, Ky., - 1903. - - 5. Humphrey, West H., 11 Vols. (1839-1851), Louisville, Ky., - 1903. - - 6. Lea, Benjamin J., 16 Vols. (1878-1886), Louisville, Ky., - 1902. - - 7. Martin, John H., and Yerger, George S., 1 Vol. (1827-1828), - Louisville, Ky., 1903. - - 8. Meigs, Return J., 1 Vol. (1838-1839), Louisville, Ky., 1903. - - 9. Sneed, John L. T., 5 Vols. (1853-1858), Columbia, Mo., 1906. - - 10. Yerger, George S., 10 Vols. (1818-1837), Columbia, Mo., - 1912. - -VII. Reports of the Comptroller to the General Assembly for the years -1850, 1855-6, 1856, 1857-8, and 1859-60. - -VIII. Reports, Proceedings, and Minutes. - - 1. Minutes of the American Convention for the years 1822, 1823, - 1825, 1827, 1829, 1830, 1848, 1852, 1860, and 1867 (1818-1867). - - 2. Minutes of the General Methodist Conferences, 1773-1844. - - 3. Minutes of the General Conferences of the Methodist Church - South, 1845-1865. - - 4. Minutes of the Annual Conferences of the Methodists in - Tennessee, 1813-1865 (Quoted in McFerrin, History of Methodism - in Tennessee). - - 5. Proceedings of the Southern Baptist Convention, 1845-1865. - - 6. Minutes of the Cumberland Presbyterian Assembly, 1811-1865. - - 7. Minutes of the General Assembly of the Presbyterian Church, - 1795-1865. - - 8. The Fifth and Twenty-seventh Annual Reports of the American - Anti-slavery Society. - - 9. The Ninth and Thirteenth Annual Reports of the American and - Foreign Anti-slavery Society for the years 1849 ad 1853. - -IX. Periodicals. - - The Genius of Universal Emancipation, Vols. I, II, IV, V, VI, - VII, VIII. - - American Historical Magazine, II, IX, XXI. - - Publications of Vanderbilt Southern Historical Society, No. 2. - - Indiana Historical Society Publications, Vol. 2. - - The Tennessee History Magazine, Vols. 1, 2, and 4. - - Quarterly Anti-Slavery Magazine, Vols. 1, 2, and 4. - - Niles Register, Vols. 1-75 (1811-1849), Washington, Baltimore, - and Philadelphia. - - De Bow, J. D. B., Commercial Review of the South and West, 39 - Vols. (1846-1870), New Orleans. - - African Repository, Vols. V, VI, VII, IX, XXII, XXIII. XXIV, - XXV. - - American Historical Review, Vols. III, V. - - Publications of North Carolina Historical Commission, I. - - Political Science Quarterly, Vols. IX, XX. - - Southern History Association Publications, II. - - Quarterly Review of the M. E. Church, South, April, 1892. - - Methodist Quarterly Review, Vols. LVII and LXIII. - - The Liberator, July 25, 1835. - - The Emancipator (New York), March 8 and 16, 1838. - -X. Newspapers. - - The Aurora and General Advertiser, Memphis, September 3, 1802. - - Nashville Banner, Nashville, October 15 and November 16, 1833. - - The Knoxville Gazette, Knoxville, January 23, 1797. - - Christian Advocate and Journal, Bolivar, 1831. - - Tennessee Gazette and Mero District, Nashville, November 22, - 1805. - - The Practical Farmer and Mechanic, Somerville, 1857. - - Nashville Republican and State Gazette, Nashville, July 1, 5, - 10, 15, 28, 1834. - - The Western Freeman, Shelbyville, September 6, 1831. - - The Charleston Mercury, Charleston, S. C., April 30, 1861. - - Memphis Avalanche and Memphis Appeal, Memphis, May 9, 10, and - 11, 1861. - - Randolph Recorder, Vol. I, Covington, 1834. - - Memphis Enquirer, Vols. I and II, Memphis, 1836-1837. - - The Weekly American Eagle, Vols. II-V, Memphis, 1843-1847. - - The Memphis Daily Eagle, Vols. III-VII, 1846-1850. Memphis. - - The Tri-Weekly Memphis Enquirer, IV, 1846, Memphis. - - Memphis Daily Appeal, V, 1855, Memphis. - -XI. Petitions in the State Archives at Nashville in Manuscript covering -period 1809-1834. - -XII. Personal Writings and Reminiscences. - - 1. Cartwright, Peter, Autobiography, Edited by W. P. - Strickland, New York, 1892-1897. - - 2. Jefferson, Thomas, Writings, Edited by P. L. Ford, 10 Vols., - New York, 1892-1897. - - 3. Johnson, Rev. John and His House, Recollections, An - Autobiography, Edited by Mrs. Susannah Johnson, Nashville, 1869. - - 4. Otey, Rt. Rev. James H., Memoirs, Edited by W. M. Green, New - York, 1885. - - 5. Pendleton, James Madison. Reminiscences of a Long Life, - Louisville, 1891. - - 6. Sumner, Charles, Works, 15 Vols., Boston. 1874-1883. - - 7. Stirling, James, Letters from the Slave States, London, 1857. - - 8. Thomas, Thomas Ebenezer, Correspondence Mainly Relative - to the Anti-slavery Conflict in Ohio, especially in the - Presbyterian Church, Dayton, 1909. - - -B. Secondary Works. - -I. State Histories. - - 1. Caldwell, Joshua W., Constitutional History of Tennessee, - Cincinnati, 1895. - - 2. Caldwell, Joshua W., The Bench and Bar of Tennessee, - Knoxville, 1898. - - 3. Garret, W. R., and Goodpasture, A. V., History of Tennessee, - Nashville, 1900. - - 4. Goodspeed, History of Tennessee, Nashville, 1886. - - 5. Hale, William T., and Merrit, Dixon L., History of - Tennessee, Vol. 2, Chicago and New York, 1913. - - 6. Phelan, James, History of Tennessee, Boston, 1888. - - 7. Putnam, A. W., History of Middle Tennessee, Nashville, 1859. - - 8. Temple, Oliver P., East Tennessee and the Civil War, - Cincinnati, 1899. - -II. General Histories. - - 1. Adams, Alice D., Neglected Period of Anti-slavery in - America, 1808-1831, Boston, 1908. - - 2. Brickell, John, Natural History of North Carolina, Dublin, - 1911. - - 3. Doyle, J. A., The English Colonies in America, 5 Vols., New - York, 1888. - - 4. Hammond, M. B., The Cotton Industry, New York, 1897. - - 5. Ingraham, J. H., The Sunny South, Philadelphia, 1860. - - 6. Lecky, W. E. H., History of England in the Eighteenth - Century, 8 Vols., London, 1878-1890. - - 7. May, Sir Thomas Erskine, Constitutional History of England, - 3 Vols., New York, 1910. - - 8. Phillips, Ulrich Bonnel, American Negro Slavery, New York, - 1918. - - 9. Poole, William Frederick, Anti-slavery Opinions before 1800, - Cincinnati, 1873. - - 10. Rhodes, James Ford, History of the United States, 8 Vols., - New York, 1900-1919. - - 11. Roosevelt, Theodore, The Winning of the West, 4 Vols. - (Statesman Edition), New York, 1904. - -III. Biography. - - 1. Cartwright, Peter, Fifty Years a Presiding Elder, - Cincinnati, 1871. - - 2. Cossit, Franceway Ranna, The Life and Times of Rev. Finis - Ewing, Louisville, 1853. - - 3. Du Bose, Horace M., Life of Francis Asbury, Nashville, 1909. - - 4. Earl, Thomas, Life of Benjamin Lundy, Philadelphia, 1847. - - 5. Garrison, Wendell Phillips and J. F., The Life of William - Loyd Garrison, New York, 1885. - - 6. Green, Wm., Life and Letters of Rev. A. L. P. Green, - Nashville, 1877. - - 7. Milburn, W. H., Ten Years of a Preacher’s Life, Nashville, - 1859. - - 8. Paine, Robert, Life and Times of William McKendree, - Nashville, 1869. - - 9. Parton, James, Life and Times of Benjamin Franklin, 2 Vols., - Boston, 1867. - - 10. Smith, G. G., The Life and Letters of James Osgood Andrew, - Nashville, 1883. - - 11. Swift, Lindsay, Life of Garrison, Philadelphia, 1911. - - 12. Tyerman, L., Life of Whitefield, New York, 1873. - - 13. Wightman, W. M., Life of William Capers, Nashville, 1859. - -IV. Church History. - - 1. American Church History Series, XI, XII, New York, 1894. - - 2. Bedford, A. H., History of the Organization of the Methodist - Episcopal Church, South, Nashville, 1871. - - 3. Briggs, Charles A., American Presbyterianism, New York, 1885. - - 4. Buckley, James M., History of Methodism, 2 Vols., New York - and London, 1898. - - 5. Curtis, George L., Manual of Methodist Episcopal Church - History, New York, 1840. - - 6. Emory, John, History of the Discipline of the Methodist - Episcopal Church, New York, 1840. - - 7. Finley, J. B., Sketch of Western Methodism, Cincinnati, 1854. - - 8. Gillet, E. H., History of Presbyterian Church in the United - States of America, Philadelphia, I and II, no date. - - 9. Harrison, W. P., The Gospel among the Slaves, Nashville, - 1893. - - 10. Matlock, L. C, The Anti-slavery Struggle and Triumph in the - Methodist Episcopal Church, New York, 1881. - - 11. Matlock, L. C., The History of American Slavery and - Methodism, 1780-1849, New York, 1849. - - 12. McConnell, S. D., History of American Episcopal Church, New - York, 1897. - - 13. McDonald, B. W., History of Cumberland Presbyterian Church, - Nashville, 1888. - - 14. McFerrin, J. B., History of Methodism in Tennessee, 3 - Vols., Nashville, 1869. - - 15. McNeilly, James H., Religion and Slavery, Nashville, 1911. - - 16. McTyeire, H. N., History of Methodism, Nashville, 1904. - - 17. Newman, A. H., History of Baptist Churches in the United - States, New York, 1894. - - 18. Patton, Jacob Harris, Popular History of the Presbyterian - Church, New York, 1900. - - 19. Pius, N. H., An Outline of Baptist History, Nashville, 1911. - - 20. Price, R. N., Holston Methodism, 5 Vols., Nashville, 1912. - - 21. Riley, B. F., History of the Baptists in Southern States - East of the Mississippi, Philadelphia, 1898. - - 22. Thompson, Robert Ellis, History of Presbyterian Churches in - the United States, New York, 1895. - - 23. Weeks, S. B., Southern Quakers and Slavery, Baltimore, 1896. - - - - -APPENDICES - - -A. ANTI-SLAVERY SOCIETIES OF TENNESSEE. - -I. Tennessee Manumission Society 1815. - - County Branches: Blount, Greene, Washington, Jefferson, Knox. - - Local Branches: Bethesda, Beaver Creek, Carter’s Station, - Chestooy, Dumplin Creek, French Broad, Hickory Creek, Holston, - Knoxville, Little River, Maryville, Middle Creek, Mount Gilead, - Nolachucky, Powell’s Valley, Stock Creek. Turkey Creek, and - Rock Creek. - -II. Humane Protection Society of Tennessee, 1821. - -III. Moral, Religious Manumission Society of Tennessee, 1821. - -IV. Emancipating Labor Society, 1826. - - -B. TENNESSEE COLONIZATION SOCIETY, 1829. - - Branches: Bolivar, Somerville, Memphis, Covington, Jackson, - Paris, Clarksville, Columbia, Shelbyville, Winchester, - Murfreesboro, Gallatin, Knoxville, Marysville, New Market, - Jonesboro, Kingsport, Rutherford, Franklin. - - -C. ANTI-SLAVERY LEADERS IN TENNESSEE - - Anderson, Robert - Brazelton, Santy - Boyd, James - Brooks, Stephen - Buckhart, George - Caldwell, James - Cain, Joseph - Callen, Archibald - Campbell, Alexander - Canaday, John - Cartwright, Peter - Coppock, Aaron - Coulson, John - Cowan, Andrew - Criswell, Andrew - Cummings, James - Daily, Hiram - Dalzel, David - Earnest, Lawrence - Earnest, Wesley - Embree, Elihu - Embree, Elijah - Frazier, Abner - Galbraith, James - Garrett, William - Gray, Asa - Hackney, Aaron - Hammer, Aaron - Hammer, Isaac - Hammer, Elisha - Harrison, Isaiah - Harris, John - Hodge, Thomas - Hooks, John - Houston, James - Huffaker, Justice - Kerr, John - Kendall, T. S. - Kennedy, James - Lee, William - Lee, Ephriam - Leeper, Allen - Lindsey, Philip - Lockhart, Jesse - Logan, Alexander - Lundy, Benjamin - Malcum, William - Mainess, Samuel - Marshall, John - Maulsby, David - McCampbell, James - McClellan, James - McCarkle, Francis - McKeen, Thomas H. - Deadrick, David - Doak, Samuel - Dean, Thomas - Eggleston, Elijah - Newman, Joseph - Osborn, Charles - Osborn. J. - Pardae, John - Pickering, Ellis - Pickering, Enos - Rankin, John - Rencan, Thomas - Roberts, William - Roy, Rev. John - Jones, James - Jones, Isaac - Jones, Isaiah - Jones, Thomas - Johnson, Josiah - Smith, Isaac - Snoddy, William - Stanfield, David - Swain, Elihu - Swain, John - Swan, John - Tuckers, Joseph - Underhill, Richard - Underhill, Jesse - McNees, Samuel - Milliken, William - Moore, John - Morgan, John - Wilkins, J. H. - Williams, John - Williams, Richard - Willis, Jesse - Wills, George - Wilson, P. N. - Woods, W. W. - Yerkley, Henry - - -D. LIST OF EMIGRANTS TO LIBERIA FROM TENNESSEE, 1820-1866. - - Ship Date No. of Emigrants - - Ship Harriet January, 1829 2 - Brig Liberia December, 1823 13 - Ship Roanoke December, 1832 1 - Brig Ajax May, 1833 5 - Schooner Oriental May, 1837 34 - Brig Rudolph Gronning February, 1841 10 - Barque Union May, 1841 10 - Ship Mariposa June, 1842 84 - Barque Rothschild January, 1846 25 - Schooner D. C. Foster March, 1850 35 - Liberia Packet December, 1850 15 - Brig Alida February, 1851 18 - Liberia Packet December, 1851 25 - Brig Julia Ford January, 1852 13 - Brig Zebra December, 1852 28 - Bark Adeline June, 1853 96 - Brig General Pierce December, 1853 85 - Ship Sophia Walker May, 1854 28 - Brig Harp June, 1854 21 - Brig General Pierce December, 1854 17 - Bark Cora. May, 1855 13 - Bark Cora November, 1855 31 - Ship Elvira Owen May, 1856 42 - Ship M. C. Stephens December, 1856 13 - Ship M. C. Stephens May, 1857 23 - Ship M. C. Stephens November, 1859 21 - Ship M. C. Stephens May, 1860 8 - Golconda November, 1866 144 - - -E. VICE-PRESIDENTS OF AMERICAN COLONIZATION SOCIETY FROM TENNESSEE. - - Andrew Jackson. 1819-1822 - Rt. Rev. Bishop Otey. 1840-1863 - Rev. Dr. Edgar. 1845-1861 - Rev. P. Lindsley, D.D. 1845-1854 - Bishop Soule, D.D. 1848-1867 - Hon. Frederick P. Stanton. 1851-1858 - Hon. John Bell. 1861-1868 - - -F. COMPARATIVE LIST OF MANUMISSION SOCIETIES AND MEMBERS IN UNITED STATES. - - Massachusetts, Rhode Island and New York 4 300 - Pennsylvania (East) 4 400 - Pennsylvania (West) 12 500 - Delaware 2 100 - Maryland 11 500 - District of Columbia 2 100 - Virginia 8 250 - Ohio 4 300 - Kentucky 8 200 - Tennessee 25 1,000 - North Carolina 50 3,000 - --- ----- - 130 6,625 - -Exclusive of ten or twelve societies in Illinois. Observe that 106 of -these societies were in slaveholding states. - - -G. SLAVE AND FREE NEGRO POPULATION IN TENNESSEE FROM 1790-1860. - - 1790. 3,417 361 - 1800. 13,584 309 - 1810. 44,734 1,318 - 1820. 80,105 2,739 - 1830. 141,647 4,511 - 1840. 183,059 5,524 - 1850. 239,439 6,442 - 1860. 275,719 7,300 - - -H. COMPARATIVE VALUE OF LAND AND SLAVES IN THE THREE DIVISIONS OF -TENNESSEE, 1859. - - Land Town Lots Slaves - - East Tennessee $ 46,127,012 $ 3,044,802 $ 10,470,926 - Mid. Tennessee 114,053,549 5,832,718 55,850,579 - West Tennessee 52,640,432 20,893,338 44,638,752 - ----------- ---------- ---------- - 212,820,993 29,770,858 110,960,257 - - Other - Property Aggregate - - East Tennessee $ 4,333,845 $ 64,186,514 - Mid. Tennessee 13,229,968 188,867,004 - West Tennessee 5,030,225 124,155,123 - ---------- ----------- - 22,594,038 377,208,641 - - -I. APPROXIMATE VALUE OF PROPERTY, SLAVES, LAND, AND COTTON IN TENNESSEE. - - Year Property Slaves Per Acre Per Lb. - Land Cotton - - 1836. $117,845,136 $584.00 $4.00 $.17½ - 1838. 125,013,756 540.00 3.82 .13½ - 1840. 122,957,624 543.00 3.84 .09 - 1842. 118,847,672 509.00 3.56 .08 - 1844. 109,178,121 420.00 3.35 .07½ - 1846. 113,176,959 413.72 3.03 .05½ - 1848. 129,510,043 467.44 3.06 .09½ - 1850. 159,558,183 506.93 3.25 .12 - 1852. 186,621,119 547.26 3.84 .11 - 1854. 219,011,047 605.52 4.60 .12 - 1856. 260,319,611 689.00 5.49 .12½ - 1858. 320,398,012 792.23 7.04 .14 - 1859. 377,208,641 854.65 8.19 .15 - - -J. CLASSIFICATION OF SLAVE HOLDERS IN TENNESSEE AND THE UNITED STATES, -1860. - - Holders of Tennessee United States - 1 7,820 76,670 - 2 4,738 45,934 - 3 3,609 34,747 - 4 3,012 28,907 - 5 2,536 24,225 - 6 2,066 20,600 - 7 1,783 17,235 - 8 1,565 14,852 - 9 1,260 12,511 - 10 to 15 3,779 40,367 - 15 to 20 1,744 21,315 - 20 to 30 1,623 20,789 - 30 to 40 643 9,648 - 40 to 50 284 5,179 - 50 to 70 219 5,217 - 70 to 100 116 3,149 - 100 to 200 40 1,980 - 200 to 300 6 224 - 300 to 500 1 74 - 500 to 1000 0 13 - 1000 and over 0 1 - -These figures are for the United States, exclusive of territories and -District of Columbia. - - -*** END OF THE PROJECT GUTENBERG EBOOK THE NEGRO IN TENNESSEE, -1790-1865 *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. 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