Emancipation was prohibited except on the express condition that such
slave or slaves shall be immediately removed from the state.[11] The
owner was required to give bond with good security in value equal to
that of the emancipated slave, guaranteeing to send the negro out of the
state and to provide sufficient funds to pay his transportation charges
to Africa and support him for six months. Only age and disease exempted
slaves from the operation of this act.[12]
Chief Justice Nicholson in discussing this change of policy said:
The policy of the state on the subject of emancipation was
marked by great liberality until the year 1831, when the public
mind began first to be agitated by discussions in the Northern
states of the question of abolishing slavery.... A more rigid
policy commenced in 1831, when it was enacted, that no slaves
should be emancipated except upon the condition of removal from
the State. This policy was based upon the belief that the peace
of the State would be endangered by an increase of the number
of free colored persons.[13]
Judge Catron said: “The policy of the act of 1831 is not to permit a free
negro to come into the state from abroad; and secondly not to permit a
slave, freed by our laws, to be manumitted upon any other condition than
that of being forthwith transported from the state, to which, by the
first section, he dare not return.”
He justified the restrictions on emancipation by saying it meant
“adopting into the body politic a new member; a vastly important measure
in every community, and especially in ours, where the majority of free
men over twenty-one years of age govern the balance of the people
together with themselves; where the free negro’s vote at the polls is as
of high value as that of any man.... The highest act of sovereignty a
government can perform is to adopt a new member, with all the privileges
and duties of citizenship. To permit an individual to do this at pleasure
would be wholly inadmissible.”[14]
Judge Catron said the reasons for the policy of exclusion were fear of
rebellion among the slaves incited by free negroes, the immoral influence
of free negroes among slaves, the injustice of forcing free negroes upon
either the slave or free states, and, finally, justice to the negro. He
said:
All the slaveholding states, it is believed, as well as many
non-slaveholding, like ourselves, have adopted the policy of
exclusion. The consequence is the free negro cannot find a home
that promises even safety in the United States and assuredly
none that promises comfort.[15]
Judge Nelson, speaking of this change in policy, said:
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