The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
In the early laws the "hiring of one's own time," for a slave, was
expressly forbidden. This practice was that of the master's allowing a
slave to purchase his time for a certain amount of money, usually paid
per annum. The law forbidding it was later rather generally evaded,
although we cannot be sure of the evasion during the years 1796-1834.
But during the later decades of the period under discussion,
especially from 1840-60, there is absolute agreement among the
testimonies of ex-slaves that evasion was the rule and not the
exception. Various forms of this law were later enacted, but the
penalties were usually light, and it may have been this fact together
with the case of evasion that caused the disregard of it to become
general. An ex-slave of Wilson County explains that the usual method
of evasion was the declaration of the employer of the slave that he
had hired the slave from the slave's master. Sometimes the owner would
pretend to keep the wages of the slave, but really was holding them at
the slave's disposal. In this way numbers of slaves bought themselves.
There were other laws affecting masters in regard to their treatment
of their slaves and privileges of the latter. One provided that if the
slave should steal food or clothing because ill-fed or destitute of
apparel, the master should pay for the stolen property.[16] By the
provisions of another, slaves were allowed to give testimony in trials
of other slaves; the jurors, however, had to be "housekeepers" and
"owners of slaves."[17] The beating or abuse of a slave without
sufficient cause (no indication given as to what were the limits of
"sufficient cause") was an indictable offence, and the person
committing a crime of this sort was liable to the same penalties as
for the commission of a similar offense on the body of a white
person.[18]
Various laws of the early codes, 1813, 1819, 1829, restricting the
slave from selling or vending articles under conditions apart from
desire or knowledge of his owner are all evidence of his complete
subjection by law to the will of his master, even in the smallest
things and affairs of personal life, and disposal of belongings. Great
care was taken to state specifically in these early laws that there
should be no sale of liquor or any intoxicant to slaves.[19]
The provisions concerning larger questions of a slave's activity and
privilege are all interesting, and it will be of value to regard,
first of all, that for bringing slaves into the State. Slaves were not
to be brought into Tennessee unless for use, or procured by descent,
devise, or marriage.[20] This enactment was made in 1826, and prepared
the way for far more severe measures later. The idea of all
legislation of this nature argues clearly the discouragement of
slavery as a prevailing institution, by means of preventing fresh
importations for sale. Tennessee was not to be, if it could be
prevented, a slave market, like Mississippi.
Public-domain text, read in full here on John Shaqi.
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