III. Protection of Free Negroes.
It was a $500 fine to bring into the state a free negro convict and sell him as a slave. Such a person was also subject to an imprisonment for not exceeding six months.[35] Knowingly to steal and sell any free negro was a penitentiary offense and was punishable by not less than five nor more than fifteen years in the state prison.[36]
The children of free negroes were not permitted to remain destitute and suffer. The county courts engaged their services to suitable persons in the best and wisest terms, if their parents did not support them.[37]
IV. The Suffrage for Free Negroes.
A. The Suffrage for Free Negroes in North Carolina.
The historical background for negro suffrage in Tennessee is found in the laws and practices of colonial North Carolina. The charter that established the Assembly in North Carolina empowered the proprietors to govern the province “with the advice, assent and approbation of the Freemen of the said Province.”[38] The next paragraph of this charter refers to the “assemblies of free holders.”[39] There is no exclusion on the basis of color in either of these references. “In 1703, servants, negroes, aliens, Jews and common sailors voted for members of the General Assembly.” The act of 1715 made it lawful for “the inhabitants and free men in each precinct ... to choose two freeholders ... to sit and vote in the said Assembly.”[40] It is noticed here that the terms, inhabitants, free men, and freeholders, included free negroes. Hence, to exclude them, the act specifically stated that no negro, mulatto, or Indian could vote for members of the Assembly. This act remained the basis of suffrage to 1835.
Efforts were made by the royal governors to restrict the suffrage to freeholders. They repeatedly received royal instructions to this effect, but the law of 1715 prevailed, and freemen continued to vote.[41]
In 1735, a new basis for the suffrage was established. Freemen were disfranchised, but the suffrage was indiscriminately given to freeholders who owned fifty acres of land.[42] The exclusion of negroes, mulattoes, and Indians prevalent in the act of 1715, was abolished. Land-holding and not color was the basis of the suffrage. The only additional change in the suffrage qualification before the Revolution was made by the act of 1751, which required freeholders to be twenty-one years of age in order to vote.[43]
The North Carolina constitution of 1776 granted the franchise to all free men without regard to race or color with the single limitation of residence.[44] This was the franchise law that was extended to the Southwest Territory by the Act of Cession of 1790, which stated, “that the laws in force and use in the state of North Carolina at the time of passing the act, shall be, and continue in full force until the same shall be repealed, or otherwise altered by the legislative authority of the said Territory.”[45] Congress accepted the Territory on the above condition.[46] The suffrage was not changed by the legislature of the Southwest Territory.
The basis of the suffrage remained unchanged from the establishment of the Constitution of North Carolina in 1776 to the establishment of the Constitution of Tennessee in 1796. However, the Revolutionary State of Franklin, which flourished in western North Carolina from 1784 to 1788, proposed a constitution that gave the suffrage “to every free male inhabitant” who was twenty-one years old.[47] This is significant because it was an independent expression of the people in the territory that later became Tennessee.