The constitution was now reported as a whole to the convention, which
began to consider it in detail. By July 31, Article III, Section 1,
was reached. Mr. Robert Weakley, delegate from Davidson County, moved
that the word, “white,” be inserted after the word “free” in Article
III, Section 1. This motion was carried by a vote of 33 to 23.[67] Mr.
Mathew Stephenson of Washington County moved “that no freeman who is now
a resident of this state and who has heretofore exercised the right of
voting shall hereafter be debarred from that privilege.” This motion
failed by a vote of 34 to 22.[68] A change of six votes on the first
motion would have given the free negro the suffrage. The liberal forces
in Tennessee politics at this date were stronger than history has usually
acknowledged.
V. LIMITATIONS UPON THE FREEDOM OF FREE NEGROES.
The free negro was forbidden to entertain a slave in his home at night
or during the Sabbath. For violation of this restriction, he was fined
$2.50 for the first and $5.00 for each succeeding offense.[69] This fine
was increased to $20 in 1806.[70] If he could not pay these fines, he was
hired out by the constable of his district until his wages amounted to
the fines and all costs.
There was no restriction on marriage between free negroes, but a free
negro could not marry a slave without the master’s consent, given in
writing and attested by two justices of the peace. He was fined $25 for
an illegal marriage with a slave, and, if he could not pay the fine, he
was forced to serve the master of the slave for one year.[71]
It was a misdemeanor for a free negro to keep a tippling house, and
subjected him to not less than a fifty dollar fine. He was also forbidden
to sell, give, or loan a slave a gun, pistol, or sword without the
consent of the owner of the slave.[72] He could not associate with slaves
except with the permission of their owners.[73]
The free negro was required to carry a copy of his registration with
him wherever he went. He could be suspected at any time or might be
stolen. His registration certificate was his surest guarantee of personal
freedom. In the mere matter of travelling in the community, he was
constantly subject to this limitation. If he crossed county lines, the
certificate was absolutely required.[74]
VI. THE LEGAL STATUS OF THE FREE NEGRO.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account