[52] Kentucky Constitution of 1799, Art. 2, Sec. 8.
[53] Journal of the Convention of 1796, pp. 5-6.
[54] Caldwell, Joshua W., Constitutional History of Tennessee, 132.
[55] U. S. Census, 1870, I, Population, p. 12.
[56] Congressional Globe, 1st Session, 33d Congress, 1805; 2nd Session,
38th Congress, 284.
[57] The Works of Charles Sumner, X, 192.
[58] Buxton, Rev. Jarvis Bury, Reminiscences of the Bench and
Fayetteville Bar, p. 93.
[59] Fisher’s Negroes v. Dabbs, 6 Yerger, 126 (1834).
[60] Nashville Republican, July 10, 1834.
[61] Nashville Republican and State Gazette, July 1, 1834.
[62] Nashville Republican and State Gazette, June 28, 1834.
[63] Journal of the Convention of 1834, p. 107.
[64] Nashville Republican and State Gazette, July 5, 1834.
[65] Nashville Republican and State Gazette, July 15, 1834.
[66] Journal of the Convention of 1834, p. 171.
[67] Ibid., p. 28.
[68] Ibid., p. 209.
[69] Acts of 1787, Ch. 6, Sec. 2.
[70] Acts of 1806, Ch. 32, Sec. 4.
[71] Acts of 1787, Ch. 6, Sec. 3.
[72] Acts of 1835, Ch. 58, Sec. 2.
[73] Acts of 1806, Ch. 32, Sec. 4.
[74] Acts of 1807, Ch. 100, Sec. 1.
[75] State v. Claiborne, 1 Meigs, 337 (1858).
[76] Fisher’s Negroes v. Dabbs, 6 Yerger, 131 (1834).
CHAPTER VII
ABOLITION
There was throughout the period of slavery in Tennessee a determined
minority that favored its abolition. This minority was not confined to
the non-slaveholders, but as late as 1834 slaveholders hoped that some
method of abolition would finally be devised. This abolition sentiment
expressed itself in various ways.
I. PRIVATE ABOLITION.
A. METHODS.
(1) _By Deed._
There were three steps in the process of emancipation by any method.
Two of these were taken by the owner and one by the state. The owner
renounced his right of property in the slave and then gave bond with
good security for his conduct and maintenance. To complete the process
of emancipation, the state’s consent was necessary. This was given
exclusively by the county courts until 1829,[1] when the Legislature gave
the chancery courts jurisdiction of cases involving wills.[2] After 1854,
a petition for emancipation could be filed in any court of record.[3]
Of course, the legislature by virtue of its plenary power could and did
grant petitions for freedom throughout the period of slavery.[4] The
county court could not consider a petition for emancipation unless nine
or a majority of the court were present and the consent of two-thirds of
those present was necessary to grant the petition.[5] The clerk of the
court made a record of the emancipation and gave the slave a copy.[6]
Public-domain text, read in full here on John Shaqi.
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