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THE NEGRO IN TENNESSEE, 1790-1865
THE NEGRO IN TENNESSEE, 1790-1865
BY CALEB PERRY PATTERSON Adjunct Professor of Government in the University of Texas 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
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PREFACE
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
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I. The Status of the Negro in North Carolina from 1693-1790
I. The Status of the Negro in North Carolina from 1693-1790
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
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II. The Status of the Negro in the State of Franklin from 1785 to 1788
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 “Ever
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III. The Status of the Negro in the Southwest Territory from 1790 to 1796
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 m
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I. The Privileges of Slaves—
I. The Privileges of Slaves—
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, a
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II. Disabilities of Slaves—
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 m
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III. Relation of the Master and Society—
III. Relation of the Master and Society—
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
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IV. The Patrol System—
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 count
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V. Special Problems of Slave Government—
V. Special Problems of Slave Government—
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 mont
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VI. Title to Slaves—
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, Ju
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VII. The Law of Increase—
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 con
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VIII. The Legal Status of the Slave—
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. H
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I. Slavery an Expression of the Soil.
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 th
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II. The Management of the Plantation.
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 rat
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III. Was Slavery Profitable in Tennessee?
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 Bl
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I. The Methodists.
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 a
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II. The Baptists.
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
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III. Cumberland Presbyterians.
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 e
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IV. The Friends.
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 m
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V. The Presbyterians.
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 congregation
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VI. The Episcopalians.
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 mission
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I. The Establishment of a Policy.
I. The Establishment of a Policy.
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
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II. Registration of Free Negroes.
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 r
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III. Protection of Free Negroes.
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 wise
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IV. The Suffrage for Free Negroes.
IV. The Suffrage for Free Negroes.
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
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V. Limitations Upon the Freedom of Free Negroes.
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 m
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VI. The Legal Status of the Free Negro.
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 w
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I. Private Abolition.
I. Private Abolition.
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 pet
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II. Anti-slavery Leaders.
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
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III. Abolition Literature.
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 mo
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IV. Petitions to the Legislature for Abolition.
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 peti
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V. Abolition in the Convention of 1834.
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 provisio
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VI. Abolition Sentiment After 1834.
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
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CHAPTER VIII Conclusions
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 performanc
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A. Sources.
A. Sources.
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. A
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B. Secondary Works.
B. Secondary Works.
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, 1
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A. Anti-slavery Societies of Tennessee.
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
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B. Tennessee Colonization Society, 1829.
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....
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F. Comparative List of Manumission Societies and Members in United States.
F. Comparative List of Manumission Societies and Members in United States.
Exclusive of ten or twelve societies in Illinois. Observe that 106 of these societies were in slaveholding states....
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J. Classification of Slave Holders in Tennessee and the United States, 1860.
J. Classification of Slave Holders in Tennessee and the United States, 1860.
These figures are for the United States, exclusive of territories and District of Columbia....
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