2. _For Maiming or Killing Him._ Any person, wilfully or maliciously
killing a slave, was guilty of murder and suffered death without benefit
of clergy. If the slave did not belong to the offender, “his goods,
chattels, lands and tenements” could be sold to pay for the slave.[63]
Killing a slave without malice was manslaughter. In the case of Fields v.
The State of Tennessee, the court said, “that law which says thou shalt
not kill, protects the slave; and he is within its very letter. Law,
reason, Christianity and common humanity all point out one way.”[64] No
individual had the right to become the avenger of the violated law.[65]
3. _For Trading with Him._ No one was permitted to trade with a slave
unless he had a permit. The slave was permitted to sell articles of
his own manufacture without a permit. Any one who violated this act
was subject to a fine of not less than five nor more than ten dollars
to be recovered before any justice of the peace of the county in which
the offense was committed. One-half of the fine was paid to the master
of the slave.[66] If the offender was a free person of color born in
slavery, the slave could be a witness in the case.[67]
4. _For Using Improper Language Before Him or Permitting Him to
Visit Your Home._ To inflame the mind of any slave or incite him to
insurrection by using improper language in his presence subjected one,
on conviction, to a fine of ten dollars to be recovered as an action of
debt before any court having jurisdiction. The fine was equally divided
between the county and the person instituting suit.[68] It was equally a
violation of the law to permit slaves to assemble at one’s residence or
negro houses.[69]
IV. THE PATROL SYSTEM—
A. _Searchers._ By act of 1753, searchers were appointed by the county
courts to visit slave quarters four times a year in search of guns.[70]
Only reliable persons could be searchers. By 1779, they were required to
search for guns once a month.[71] These officers were the beginning of
the patrol system in Tennessee.
B. _Patrols._ In 1806, the searchers were converted into patrols and a
very elaborate system of police was devised. Captains of militia were
empowered to appoint patrols for the counties, determine their number
and the frequency of their ridings.[72] Commissioners of the towns were
directed to appoint patrols for the towns, whether incorporated or
unincorporated.[73] In 1817, justices of the peace were given the power
to suggest the appointment of patrols to captains of militia in their
districts.[74] In 1831, they were empowered to appoint patrols for their
district in case captains of militia neglected to do so.[75] In 1856,
masters, mistresses, and overseers were made patrols over their own
premises.[76]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account