The free negro continued to be regarded as a menace to society. In 1858, a bill was introduced into the legislature to banish all free negroes from the state, but the better element of the state defeated its passage. Judge Catron, who had been a member of the Supreme Court of Tennessee, and who was now a member of the Supreme Court of the United States, speaking of this measure, said:
This bill proposes to commit an outrage, to perpetrate an oppression and cruelty, and it is idle to mince words to soften the fact. This people who were born free and lived as free persons, will preach rebellion everywhere that they may be driven to by this unjust law, whether it be amongst us here in Tennessee or South of us on the cotton and sugar plantations, or in the abolition meetings of the free states. Nor will the women be the least effective in preaching a crusade, when begging money in the North, to relieve their children, left behind in this State, in bondage. We are told it is a popular measure. Where is it popular? In what nook or corner of the State are the principles of humanity so deplorably deficient that a majority of the whole inhabitants would commit an outrage not committed in a Christian country of which history gives any account.... Numbers of the people sought to be enslaved or driven out are members of our various churches, and in full communion. That these great bodies of Christian men and women will quietly stand by and see their humble co-workers sold on the block to the negro-trader is not to be expected; nor will any set of men be supported, morally, or politically, who are the authors of such a law.[27]
Since colonization had failed, and efforts at banishment had been defeated, the only remaining alternative that would dispose of the free negro was re-enslavement. In this same year, provision was made for the voluntary re-enslavement of the free negro. Any free negro eighteen years of age might convey himself into slavery by filing a petition to this effect in the circuit or chancery court, signed by himself and witnessed by two persons. The petition named the master selected. After due publication, the petitioner and the master appeared in court and asked the granting of the petition. If the court granted the petition, it named a commission of three men to value the slave. The future master paid one-tenth of this value to the county to be added to the public school fund. The master by giving bond to the court, guaranteeing that the negro would never become a charge to any county in the state, received title to the slave.[28]
Voluntary re-enslavement did not accomplish the results desired by its friends. So in the session of 1859-60, an attempt was made to force free negroes into slavery. This measure was known as the “Free Negro Bill.” It provided that all free negroes, except certain minors, who did not leave the state by May 1, 1861, would be sold into slavery, the supporters of this bill contending that the free negro had no rights except those given him by statutes, which could be repealed. The opponents of the bill maintained that the vested “rights of the negro could not be taken from him because it would be an impairment of contract and that the legislature could not touch his natural rights.”[29] The bill was finally defeated after a prolonged contest.
II. Registration of Free Negroes.
In the first decade of the history of the state, there was no notice taken of the movements of free negroes. They enjoyed complete freedom in their going and coming in the community. But as their numbers and importance increased the state began to want to know about their movements. In 1806, provision was made for the registration of the free negroes of the state by the county court clerks. This was a sort of Dooms Day Book of free negroes. A minute description, including age, name, color, and record of any scars on hand, face, or head, was made of them. It was also noted by what court of authority they were emancipated, or whether they were born free. Two copies of each registration were made, certified by the county court clerk and attested by a justice of the peace.[30] One of these was filed in the clerk’s office, and the other was given the free negro.
In 1807, this registration certificate was made the passport for the free negro in changing counties. If he chose permanently to reside in a new county, he was required to have this certificate duplicated. If he were caught without it, he was arrested and put in jail unless he made bond. If he lost it, and could not find record of his registration, he was required to produce evidence of his emancipation or free birth. If he failed in this, he was sold as a runaway by the county court.[31] As poorly as county records were kept, as difficult as it was for the negro to preserve such a record, and as abundant as kidnappers and slave-stealers were, the free negro constantly faced the possibility of losing his freedom.
By act of 1825, free negroes coming from other states were required to bring their registration papers with them and have them recorded in some court of record in the county in which they chose to reside.[32]
The registration policy was given further significance in 1842 by an act which required all registration certificates to be renewed every three years.[33] At the time of each renewal, an inquisition was made into the negro’s character and conduct. If the county court saw fit, it could refuse to renew the registration certificate. This compelled the free negro to leave the state within twenty days, except for sickness or unavoidable hindrance. If he refused to leave the state, within twenty days, he became subject to the penalties of the act of 1831.[34] This system of registration was not only a severe restriction upon the travel of the free negro, but it gave chances in its workings for considerable collusion of corrupt officials with agents of the slave traders.