CHAPTER VI
Legal Status of the Free Negro
I. The Establishment of a Policy.
A. The Policy of North Carolina.
The original policy of North Carolina towards manumission was that the owner of slaves could free them by deed, will, or contract. He was at liberty to renounce his title to them absolutely or in a modified manner, if he thought proper.[1] In 1777, the state asserted its control over emancipation by conferring on the county courts the power to grant petitions for freedom on a basis of meritorious services.[2] The reasons for this change were that it was thought necessary to protect the public against being charged for the maintenance of manumitted slaves, and that free negroes were a menace to the body politic.
B. The Policy of Tennessee to 1831.
This policy worked a hardship in practice because it limited the courts to cases of meritorious services. It frequently separated families because all members were seldom entitled to freedom at the same time. In 1801, Tennessee removed the limited jurisdiction of the courts by giving them practically plenary power over manumission.[3] The only restriction on the courts was that they sustain the policy of the state. Of course, the legislature could by special act grant freedom in any particular case. This was the policy of Tennessee to 1831.
C. Changes in the Policy.
There were several factors that produced the change of 1831. The number of free negroes had increased from 361 in 1801 to 4,555 in 1831.[4] Since free negroes voted at this time, this meant that they were a factor in politics. Manumission societies had been active during this period, and had created opposition to free negroes. Abolition literature had flourished. The cotton industry had developed by virtue of the settlement of West Tennessee, a portion of the Black Belt. Fear of servile insurrections had increased. There had been Gabriel’s insurrection in Virginia in 1800; the Vessey insurrection in South Carolina in 1822; the Nat Turner insurrection in Virginia in 1831; and an attempt at insurrection in Tennessee at the same time.[5] The liberal policy of the state prior to 1831 had caused an influx of free negroes from other states. The governor, in a message to the legislature in 1815, stated that fifty free negroes had come into the state that year from Virginia and as many more were expected the next year.[6]
In 1831, the legislature forbade “any free person of color (whether he be born free, or emancipated, agreeably to the laws in force and use, either now, or at any other time, in any state within the United States or elsewhere), to remove himself to this state and to reside therein, and remain therein twenty days.”[7]
If a free negro was convicted of entering the state in violation of this act, he was subject to a fine of not less than ten nor more than fifty dollars and an imprisonment of one or two years, at the discretion of the judge. If he did not remove from the state within thirty days after the expiration of the term of imprisonment, he was again subject to indictment as before, and upon conviction was imprisoned for double the maximum time for first offense. No pecuniary fine was attached in the second instance.