Disunion and Restoration in Tennessee: Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Political Science, Columbia UniversityNeal, John Randolph
History
Disunion and Restoration in Tennessee: Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Political Science, Columbia University
Neal, John Randolph
Reconstruction (U.S. history, 1865-1877) -- Tennessee; Tennessee -- Politics and government -- 1861-1865; Thesis (Ph. D.)
About 1830, there developed a strong movement in favor of
emancipation. At Jonesborough was established the first abolition
newspaper ever published in America. But this emancipation sentiment
had entirely disappeared by 1860. Even in East Tennessee, the most
extreme opponents of secession were firm believers in slavery.
The Emancipation Proclamation of January 1, 1863, did not include
Tennessee within its provisions. Slavery, therefore continued to exist
as a legal institution until abolished by an amendment to the State
constitution. This amendment, as we have seen, was framed by the
Radical Convention of 1865. In April, of the same year, Gov. Brownlow
laid before the Legislature a joint resolution of Congress containing
the proposed Thirteenth Amendment. It was promptly ratified.
In his initial message, Gov. Brownlow discussed, at considerable
length, the race problem. He sought to impress upon the Legislature,
“that some legislation was necessary for the protection, government,
and control of the emancipated slave.” The Legislature did not enter
upon this work immediately. It was not till May 11, 1866, that a bill
was passed entitled, “An act to define the term, ‘A Person of Color,’
and to declare the rights of such persons.”
The first section of this act provided that under the term “Person of
Color” should be included all “negroes, mulatoes, meztigsoes, and
their descendants having African blood.” The second section declared:
“That persons of color have the right to make and enforce contracts,
to sue and be sued, to be parties and give evidence, and have full and
equal benefit of all laws and proceedings for the security of person
and estate, and shall not be subject to any other or different
punishment, pains, or penalty for the commission of any act or offence
than such as are prescribed for white persons committing like acts or
offences.” By the fifth section, slave marriages were legalized. The
last section declared that nothing in the act should be so construed
as to admit persons of color to serve on the jury, or to require the
education of colored and white children in the same school.
Public-domain text, read in full here on John Shaqi.
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