In 1800 the State Assembly passed an act, embracing free Colored people as well as slaves in its shameful provisions, enacting "that assemblies of slaves, free negroes, mulattoes, and mestizoes, whether composed of all or any such description of persons, or of all or any of the same and a proportion of white persons, met together for the purpose of mental instruction in a confined or secret place, or with the gates or doors of such place barred, bolted, or locked, so as to prevent the free ingress to and from the same," are declared to be unlawful meetings; the officers dispersing such unlawful assemblages being authorized to "inflict such corporal punishment, not exceeding twenty lashes, upon such slaves, free negroes, mulattoes, and mestizoes, as they may judge necessary for deterring them from the like unlawful assemblage in future." Another section of the same act declares, "that it shall not be lawful for any number of slaves, free negroes, mulattoes, or mestizoes, even in company with white persons, to meet together and assemble for the purpose of mental instruction or religious worship before the rising of the sun or after the going down of the same." This section was so oppressive, that in 1803, in answer to petitions from certain religious societies, an amending act was passed forbidding any person before 9 o'clock in the evening "to break into a place of meeting wherever shall be assembled the members of any religious society of the State, provided a majority of them shall be white persons, or other to disturb their devotions unless a warrant has been procured from a magistrate, if at the time of the meeting there should be a magistrate within three miles of the place; if not, the act of 1800 is to remain in full force."
On the 17th of December, 1834, definite action was taken against the education of free Colored persons as well as slaves. The first section is given:
"Section 1. If any person shall hereafter teach any slave to read or write, or shall aid or assist in teaching any slave to read or write, or cause or procure any slave to be taught to read or write, such person, if a free white person, upon conviction thereof shall, for each and every offense against, this act, be fined not exceeding $100 and imprisonment not more than six months; or, if a free person of color, shall be whipped not exceeding fifty lashes, and fined not exceeding $50, at the discretion of the court of magistrates and freeholders before which such free person of color is tried; and if a slave, to be whipped, at the discretion of the court, not exceeding fifty lashes, the informer to be entitled to one-half the fine and to be a competent witness. And if any free person of color or slave shall keep any school or other place of instruction for teaching any slave or free person of color to read or write, such free person of color or slave shall be liable to the same fine, imprisonment, and corporal punishment as by this act are imposed and inflicted on free persons of color and slaves for teaching slaves to write."
The second section forbids, under pain of severe penalties, the employment of any Colored persons as "clerks or salesmen in or about any shop, store, or house used for trading."
TENNESSEE
passed a law in 1838 establishing a system of common schools by which the scholars were designated as "white children over the age of six years and under sixteen." In 1840 an act was passed in which no discrimination against color appeared. It simply provided that "all children between the ages of six and twenty-one years shall have the privilege of attending the public schools." And while there was never afterward any law prohibiting the education of Colored children, the schools were used exclusively by the whites.
TEXAS
never put any legislation on her statute-books withholding the blessings of the schools from the Negro, for the reason, doubtless, that she banished all free persons of color, and worked her slaves so hard that they had no hunger for books when night came.
VIRGINIA,
under Sir William Berkeley, was not a strong patron of education for the masses. For the slave there was little opportunity to learn, as he was only allowed part of Saturday to rest, and kept under the closest surveillance on the Sabbath day. The free persons of color were regarded with suspicion, and little chance was given them to cultivate their minds.