[47] “Whereas before the passing of the said act, and since the sixteenth
day of April, One Thousand Seven Hundred and Seventy-five, divers
evil-minded persons, intending to disturb the public peace, did liberate
and set free their slaves, notwithstanding the same was expressly
contrary to the laws of this state.” Acts of 1779, Ch. 12, Sec. 1.
[48] Acts of 1779, Ch. 12, Sec. 2.
[49] Ibid., Sec. 3.
[50] Acts of 1788, Ch. 20, Sec. 1.
[51] Declaration of Rights of North Carolina, Sec. 6.
[52] Constitution of 1776 of N. C., Secs. 7, 8, and 9.
[53] Acts of 1787, Ch. 6, Sec. 3.
[54] Acts of 1741, Ch. 1, Sec. 13.
[55] Ibid., Sec. 14.
[56] Acts of 1787, Ch. 6, Sec. 2.
[57] Ibid., Sec. 3.
[58] Ibid., Ch. 1, Sec. 1.
[59] Acts of 1741, Ch. 24, Sec. 14.
[60] Acts of 1788, Ch. 7, Secs. 1-2.
[61] Acts of 1777, Ch. 6, Sec. 5.
[62] Brickell, John, Natural History of North Carolina, 272.
[63] Acts of 1715, Ch. 46, Sec. 18.
[64] Ibid., Secs. 6-8.
[65] Acts of 1741, Ch. 24, Secs. 25-33.
[66] Ibid., Sec. 43.
[67] Ibid., Sec. 46.
[68] Brickell, Op. Cit., 270.
[69] Acts of 1741, Ch. 24, Sec. 36.
[70] Ibid., Sec. 37.
[71] Ibid., Sec. 25.
[72] Earlier historians used the name Frankland (the land of the free),
but letters from officials of the state indicate that it was named after
Benjamin Franklin. See footnote p. 263, Vol. I, McMaster, John B.,
History of the United States.
[73] A copy of this constitution is now in the State Archives.
[74] Ramsey, J. G. M., Annals of Tennessee, 327.
[75] American Historical Magazine, I, 63.
[76] Phelan, James, History of Tennessee, 299.
[77] Scott, I, 437.
[78] I Stat. U. S., 106; Scott, I, 439.
[79] This act states that the territory “for the purposes of temporary
government, shall be one district, the inhabitants of which shall enjoy
all privileges, benefits, and advantages set forth in the Ordinance of
the late Congress for the government of the Territory of the United
States northwest of the River Ohio, and that the government of the
said Territory shall be similar to that which is now exercised in the
Territory northwest of the Ohio; except so far as it is otherwise
provided in the conditions expressed in an Act of Congress of the present
session, entitled, ‘An Act to Accept a Cession of Western Territory.’”
Hurd, John Cadman, Law of Freedom and Bondage, II, 90.
[80] Acts of the Southwest Territory for 1794, Ch. I, Sec. 32. See also
Scott, I, 471; and Meigs and Cooper’s Code of 1858, Secs. 3808-3809.
CHAPTER II
THE LEGAL STATUS OF THE SLAVE IN TENNESSEE
Tennessee inherited from North Carolina a liberal policy toward the
slave, a policy which was fittingly expressed by Chief Justice Taylor in
the following words:
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