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]
Public-domain text, read in full here on John Shaqi.
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