The policy of the state toward the liquor traffic with slaves was forcibly expressed by Judge Caruthers in the case of Jennings v. the State, as follows:
Under no circumstances, not even in the presence, or by permission in writing or otherwise, can spirits be sold or delivered to a slave for his own use, but only for the use of the master, and even in that case, the owner or master must be present or send a written order, specifying that it is for himself, and the quantity to be sent.... A general or indefinite order, such as those exhibited in this case, is of no avail. An order can cover only a single transaction, and then it is exhausted.[124]
It is noticed that this law applied to everybody and not merely to licensed liquor dealers.
The laws on traffic with slaves finally concluded: “Any person who sells, loans, or delivers to any slave, except for his master or owner, and then only in such owner or master’s presence, or upon his written order, any liquor, gun, or weapon ... is guilty of a misdemeanor, and shall be fined not less than fifty dollars, and imprisoned in the county jail at the discretion of the court.”[125] Judge Caruthers, commenting on this law, said: “This is intended to cut up the offense by the roots, and prescribes a penalty calculated to deter those that milder punishment had been found insufficient to restrain from the injury or destruction of their neighbor’s property.”[126]
Municipalities usually supplemented the laws of the state with special regulations of their own. The Board of Commissioners of Nashville, June 7, 1805,
Resolved, That it shall be the duty of the town sergeant to inspect each slave he may discover trading in town, and require of them a permit from their master or mistress, or the person under whose care they are, specifying the commodity which they may have for sale. And if such slave has no permit, the town sergeant shall immediately seize on the commodity he may have for sale, and take it with the slave before some justice of the peace, and make oath that such slave had transgressed the by-laws for the regulation of the town in the manner above described. The town sergeant shall then immediately expose to sale such commodity to the highest bidder for cash at the market house; one-half of the amount of such sales to go to the use of the town, and the other half to the use of the sergeant for his services.[127]
Traffic with slaves was very important for several reasons. The slave had very little sense of value, in the first place. He frequently exchanged the most valuable farm products for a pittance in order to obtain money with which to gamble or buy whiskey. The liquor traffic still more vitally touched the life of the plantation. An intoxicated slave was not only incapacitated, but he was inclined to raise trouble with other slaves. This might end in slaves being killed or an insurrection. Again, the element of society that engaged in the liquor traffic with slaves was usually the poor whites, free negroes, or mulattoes, who were opposed to slavery and did not hesitate to propagate ideas of insurrection and freedom among slaves. The best way to keep slaves happy and contented and, consequently, efficient, was to have complete severance of relations between them and outsiders. Finally, it is noticed that traffic with slaves, in all its ramifications, seriously endangered property interests.
E. Insurrections.
No one was permitted to speak disrespectfully of the owner in a slave’s presence, or to use language of an insurrectionary nature.[128] Words in favor of emancipation, rebellion, or conspiracy came under this head. The penalty was a fine of $10, one-half to the county and the other to the reporter.
A person knowingly aiding in circulating any printed matter that fostered discontent or insubordination among slaves or free persons of color, was guilty of felony, and might suffer an imprisonment of ten years for first offense and twenty for the second.[129] The same punishment was prescribed for addresses, or sermons of an inflammatory nature.