The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
The outcome of this anti-slavery feeling in Tennessee was that when
the State Constitutional Convention met at Nashville in 1834 to
consider important changes in the Constitution of 1796, there was such
an outburst of sentiment against slavery that it was only with
considerable resistance of the pro-slavery convention delegates that
the State did not abolish it by providing for the gradual emancipation
of slaves over a period of twenty years, when all should have been
emancipated.[10] So significant is the public opinion of that time in
Tennessee history, and so well calculated to give large insight into
the Negro's condition then in the State, that it will hardly be amiss
in this paper to enter into a somewhat detailed discussion of the work
of the convention, and the sentiments there displayed.
The legal enactments of the slave code of Tennessee prior to 1834 will
give us the right perspective here. One of the earliest enactments of
the commonwealth was the absolute denial to slaves of the right to own
property. Property held by them, such as horses, cattle, or anything
of personal value was to be sold and one half of the proceeds given to
the informer, the other half to the county.[11] Another law forbade
the slave to go about armed unless he was the huntsman of the
plantation. Small penalties were provided.[12] Still another made it
unlawful for slaves to sell "any article whatever without permission
from owner or overseer." The penalty for breaking this law was a
maximum of "39 lashes on his, her, or their bare backs."[13] Many
other matters were rigidly prescribed in the early statutes, chiefly
concerning the slave's right to go or not to go from place to place,
and to conduct himself under certain circumstances. Among slaves
perjury was punished by mutilation and whipping. The brutality of the
former was all the more disgusting because defended by law.[14] The
slaying of a black or mulatto slave, however, was actually deemed
murder and made punishable with death. It has not yet been
ascertained, as far as the writer knows, whether any white citizen of
Tennessee was ever indicted under the provision of this law. We do
have a case of a famous old slave-holder in a community not far from
Nashville being tied to his gate post and severely whipped by his
neighbors, because of his brutal murder of one of his slaves.[15]
Public-domain text, read in full here on John Shaqi.
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