The Negro in Tennessee, 1790-1865

by C. Perry Patterson

A. PRIVILEGES—

1. Hunting: Slaves were permitted to hunt on their masters’ plantations, but, by the Act of 1729, were prohibited from hunting elsewhere unless they were accompanied by a white man.[20] If the slaves violated this restriction, the master paid a fine of twenty shillings to the owner of the land on which the slaves were hunting. Slaves were not permitted to be armed in any way, or hunt anywhere, unless they held a certificate from their master, granting this privilege. Any citizen could seize an armed slave and deliver him to a constable whose duty it was to administer twenty lashes on the slave’s naked back. The master was charged a fee on recovering such a slave.[21]

The master was permitted to send a slave on business missions, or to designate one slave to hunt on his plantation, to care for his stock, or to kill game for his family; but this could only be done by the master’s securing, from the Chairman of the County Court, a permit which specified the slave that was granted such privileges. This was an ineffectual regulation, and in 1753, the master was required to give bond to the County Court, with good security, to guarantee the county against damages that might be done by a slave enjoying any special privileges.[22] Such permission was granted only during the time of cultivation or harvesting of crops.

This act empowered the justices of the county courts to district their counties and appoint three freeholders as searchers in each district, who, under a very strict oath,[23] were to disarm the slaves of their district. These persons were exempted from services as constables, jurors, on the roads, and in the militia, and from the payment of county and parish taxes.[24] This legislation laid the foundation for the patrol system of North Carolina and Tennessee.

Slaves were especially prohibited from killing wild deer, either on their own initiative or by command of their masters or overseers.[25] For violation of this inhibition, they suffered punishment in the first instance, and their masters or overseers in the second. This prohibition was constantly strengthened by later legislation.[26] These restrictions were intended to prevent damages to crops, and to limit the opportunities of the slaves to run away and organize insurrections. By these acts, masters were made very largely responsible for the peace and welfare of the community.

2. Travel: The slave was permitted to travel, in the daytime, “the most usual and accustomed road”; but he subjected himself to a whipping, not exceeding forty lashes, if he violated this restriction.[27] He was not permitted to travel at night or visit the quarters of other slaves. He was subject to forty lashes, and the visited slave twenty lashes, for violation of this regulation. Masters, however, were not prohibited from sending their slaves on business missions with written permits. In 1741, an exception to the above regulation was made for negroes wearing liveries.[28]

3. Possession of Property: Slaves at first were permitted, not by law but by custom, to own horses, hogs, cattle, sheep, poultry and to cultivate small areas for their own use. They frequently acquired sufficient property to buy themselves. They were protected from professional traders by law.[29] It soon developed, however, that this privilege increased their disposition to steal, and multiplied their opportunities of contact with outsiders. The accessibility of plantations by means of creeks, bays, and rivers stimulated illicit trade. This situation finally caused them to be prohibited by law from owning property.[30]

4. Protection: The Locke Constitution of 1669 for the Carolinas stated that “Every freeman of Carolina shall have absolute power and authority over his slaves, of what opinion or religion soever.”[31] This was done to counteract the theory that a Christian could not be a slave. This established the government of the master over the slave. The master became the agent of the government in the control of his slaves, and it became the government’s duty to see that its agents dealt humanely with the slaves. The governors of North Carolina tried in vain to secure the passage of laws that would offer the proper protection to slaves.[32] In 1754, Governor Dobbs made an unsuccessful effort to accomplish this result.[33] In 1773, William Hooper secured the passage of a bill to prevent the wilful and malicious killing of slaves, but the Governor vetoed it because “it was inconsistent with His Majesty’s instruction to pass it, as it does not reserve the fines imposed by it pursuant to their instruction.”[34] In 1774 it was made a criminal offense to be guilty of willingly and maliciously killing a slave. The penalty for first offense was twelve months’ imprisonment, and death without benefit of clergy for the second offense.[35]

5. Trial of Slaves: A special court was established for the trial of slaves. In 1741, a court of two or more justices of the peace and four freeholders, who were slaveholders, was empowered to try all manner of crimes and offenses committed by slaves.[36] Negroes, mulattoes, and Indians, bond or free, could be witnesses. The chairman of the court always charged the witness before the examination to tell the truth.[37] The master of the slave could appear at his trial and defend him before the court.[38] In 1783, a single justice was constituted a court for the trial of non-capital offenses.[39] For capital offenses, four slaveholders remained a part of the court as provided by the Act of 1741. This difference in the mode of the trial of the two classes of offenses is evidently due to economic influences.