The registration policy was given further significance in 1842 by an
act which required all registration certificates to be renewed every
three years.[33] At the time of each renewal, an inquisition was made
into the negro’s character and conduct. If the county court saw fit, it
could refuse to renew the registration certificate. This compelled the
free negro to leave the state within twenty days, except for sickness or
unavoidable hindrance. If he refused to leave the state, within twenty
days, he became subject to the penalties of the act of 1831.[34] This
system of registration was not only a severe restriction upon the travel
of the free negro, but it gave chances in its workings for considerable
collusion of corrupt officials with agents of the slave traders.
III. PROTECTION OF FREE NEGROES.
It was a $500 fine to bring into the state a free negro convict and sell
him as a slave. Such a person was also subject to an imprisonment for not
exceeding six months.[35] Knowingly to steal and sell any free negro was
a penitentiary offense and was punishable by not less than five nor more
than fifteen years in the state prison.[36]
The children of free negroes were not permitted to remain destitute and
suffer. The county courts engaged their services to suitable persons in
the best and wisest terms, if their parents did not support them.[37]
IV. THE SUFFRAGE FOR FREE NEGROES.
A. _The Suffrage for Free Negroes in North Carolina._
The historical background for negro suffrage in Tennessee is found in
the laws and practices of colonial North Carolina. The charter that
established the Assembly in North Carolina empowered the proprietors
to govern the province “with the advice, assent and approbation of the
Freemen of the said Province.”[38] The next paragraph of this charter
refers to the “assemblies of free holders.”[39] There is no exclusion on
the basis of color in either of these references. “In 1703, servants,
negroes, aliens, Jews and common sailors voted for members of the General
Assembly.” The act of 1715 made it lawful for “the inhabitants and free
men in each precinct ... to choose two freeholders ... to sit and vote in
the said Assembly.”[40] It is noticed here that the terms, inhabitants,
free men, and freeholders, included free negroes. Hence, to exclude them,
the act specifically stated that no negro, mulatto, or Indian could vote
for members of the Assembly. This act remained the basis of suffrage to
1835.
Efforts were made by the royal governors to restrict the suffrage to
freeholders. They repeatedly received royal instructions to this effect,
but the law of 1715 prevailed, and freemen continued to vote.[41]
Public-domain text, read in full here on John Shaqi.
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