Every free man of the age of twenty-one years and upwards, being a citizen of the United States, and an inhabitant of the county of this state wherein he may offer his vote, six months immediately preceding the day of election, shall be entitled to vote for members of the General Assembly and other civil officers, for the county in which he may reside.[66]
It is noticed that at this time the forces for suffrage for the free negro had won.
The constitution was now reported as a whole to the convention, which began to consider it in detail. By July 31, Article III, Section 1, was reached. Mr. Robert Weakley, delegate from Davidson County, moved that the word, “white,” be inserted after the word “free” in Article III, Section 1. This motion was carried by a vote of 33 to 23.[67] Mr. Mathew Stephenson of Washington County moved “that no freeman who is now a resident of this state and who has heretofore exercised the right of voting shall hereafter be debarred from that privilege.” This motion failed by a vote of 34 to 22.[68] A change of six votes on the first motion would have given the free negro the suffrage. The liberal forces in Tennessee politics at this date were stronger than history has usually acknowledged.
V. Limitations Upon the Freedom of Free Negroes.
The free negro was forbidden to entertain a slave in his home at night or during the Sabbath. For violation of this restriction, he was fined $2.50 for the first and $5.00 for each succeeding offense.[69] This fine was increased to $20 in 1806.[70] If he could not pay these fines, he was hired out by the constable of his district until his wages amounted to the fines and all costs.
There was no restriction on marriage between free negroes, but a free negro could not marry a slave without the master’s consent, given in writing and attested by two justices of the peace. He was fined $25 for an illegal marriage with a slave, and, if he could not pay the fine, he was forced to serve the master of the slave for one year.[71]
It was a misdemeanor for a free negro to keep a tippling house, and subjected him to not less than a fifty dollar fine. He was also forbidden to sell, give, or loan a slave a gun, pistol, or sword without the consent of the owner of the slave.[72] He could not associate with slaves except with the permission of their owners.[73]
The free negro was required to carry a copy of his registration with him wherever he went. He could be suspected at any time or might be stolen. His registration certificate was his surest guarantee of personal freedom. In the mere matter of travelling in the community, he was constantly subject to this limitation. If he crossed county lines, the certificate was absolutely required.[74]