A citizen holding slaves might petition the county court and emancipate a slave. Bond and security were required of the owner, and the slave thus set at liberty became free to go where he chose provided that, if he became a pauper, he should be brought to the county in which he had been set free, and there taken care of at public expense.[21] But occasionally there would arise a situation which required special enactment of the legislature as in the instance of one, Pompey Daniels, a slave, who died before the emancipation of his two children, Jeremiah and Julius, whom he had purchased. This required a special act of the legislature, as there seems to have been no law covering such a case.[22] Years before, in 1801, there was enacted a law, giving power of emancipation to the owner, as we have just seen before, but not to any slave who might essay to deliver another from bondage.[23]
Once free, the Negro's status was rather precarious in some respects. He was required to have papers filled out by the clerk of the county in which he lived, specifying personal details and information intended to identify the person thoroughly. He must without fail have these emancipation records with him at any time and place in order to prove his freedom. In 1831 a law was passed which made it obligatory for the slave to leave upon his emancipation, and persons intending to emancipate their slaves were then compelled to give bond for their speedy removal.[24] Another clause of the same law stipulates that free Negroes should not be allowed to enter the State.[25] Fine and imprisonment were specified as penalties for remaining in the State as long as twenty days. This was a reaction from the provisions of State laws of 1825 when free colored persons immigrating into the State might have papers of freedom registered there, when proof of their absolute freedom had been made. Before the enactment of 1831, the increase of free Negroes was not so actively discouraged by the State, and many having their residence there, the laws concerning this class were quite as important and nearly as well detailed as the provisions of the slave code.
Among the early laws is one exacting a penalty of $500 fine for selling a "free person of color."[26] A free person imported and sold as a slave under the law might recover double the price of his sale from the seller, who might be held until he should give bond.[27] This marks a high degree of feeling of justice toward the freeman, and yet it is worthy of notice that this was not always adequate to obtaining actual justice. Record is given of three young colored men, seamen and free, "carried to Mobile and New Orleans in the steamer New Castle and taken ashore by the captain to the city prison on pretext of getting hemp for the vessel, but really taken by the captain to the city prison as his slaves and sold by the jailor to three persons who carried them into Tennessee."[28] It is further stated that these unfortunates remained in slavery. One, however, was freed by the diligent work of the Friends, who had agents in the South busy gathering information concerning slavery, and planning means of combating it.
The free person of color was exempted from military duty and from the payment of a poll-tax. In accordance with an amendment to the Public Works act of 1804, he was expected to give service on public roads and highways just as other citizens.[29] It is doubtful whether any freeman of color voted under the constitution of 1796, but it seems to have been possible. The new constitution of 1834 restricted the right of voting to "free men who should be competent witnesses against a white man in a court of justice." In the courts free Negroes were legal witnesses in certain cases among their own people, but might themselves be testified against by slaves, even, if the defendants were only freedmen.[30] Otherwise slaves were not allowed to be witnesses against free men of color. Writs of error were granted to both freemen and slaves.
There were numerous small observances regarding the personal conduct of freemen. Life was at best for them a strange and circumscribed affair. They were "neither bond nor free," and probably suffered more from the provisions of the law and their ambiguous position than did their slave brothers. The freeman was not to entertain any slave over night in his home, or on the Sabbath. A small fine was the penalty.[31] Intermarriage of free persons and slaves without consent of the master of the slave was strictly forbidden. Breach of this law, also, was punishable by fine. There were penalties for whites and free Negroes alike for being in "unlawful assembly" with slaves. The word "unlawful" here seems to have had a special judicial meaning, signifying primarily for the purpose of instigating rebellion or insurrection. A law providing for voluntary enslavement of a free person of color, to any person whom he might choose, introduces a most interesting situation which probably indicates that there were more than a few free Negroes who preferred slavery to the condition of a creature living in a sort of limbo between freedom and bondage.
By an act of the legislature in 1819, encouragement was given to European immigrants to come into the State, with the idea that they would become home builders and land-tillers, and make good citizens. The colored population already had a general reputation for thrift, but the sentiment of racial sympathy in the white population just then favored more the immigrant. For a period the tide of public opinion was on this side, and it was considered best for the Negro to be taken in charge by the Tennessee Colonization Society. The State appropriated $10 for every black man removed from the State, an expense finally sanctioned by a law of 1833.[32]
Two years prior to the year of the Tennessee Constitutional Convention of 1834, Virginia in her State Legislature, had witnessed an exciting scene of debate on the question of slavery. In the District of Columbia, also, there was sent to Congress in the session of 1827-28 a petition requesting the "prospective abolition" of slavery in that district, and the repeal of certain laws authorizing the sale of runaways. Similarly in Tennessee the outbreak of antislavery sentiment, long fostered in the eastern part of the State, came into the Convention of 1834. The few details presented here concerning the convention show conclusively that there was a strong, even violent opposition to human slavery in the State. Certain representatives of counties from East Tennessee were conspicuous for their protest against the system, and maintained their convictions despite the failure to win their point at that time.
Many memorialists in the State had addressed the legislature on the question of emancipation both pro and con prior to the convention, and finally, in the convention, on June 18, Wm. Blount of Montgomery County, Northern Tennessee, offered a memorial that on the subject of slavery the General Assembly should have no power or authority to pass laws for the emancipation of slaves without the consent of their owners or without paying their owners.[33] The memorial further prayed that, the legislature should not discourage the foreign immigration into the State and that certain laws providing for the owners of slaves to emancipate them should be made with the restriction that beforehand such manumitted persons should be assuredly prevented from becoming a charge to any county.
There were presented other memorials respecting the slave population at this time. Hess, of Gibson and Dyer counties, wanted no emancipation of slaves except by individual disposition of their masters as the latter saw fit, or at least never unless the price of the slave was paid, provided the master did not freely give manumission, and the good of the State seemed to demand the liberation of the slave. But memorials of a different sentiment also were coming in. On May 26, McNeal presented a memorial of sundry citizens of McMinn County, asking for the emancipation of slaves in Tennessee, and on the same date, Senter of Rhea County also brought a petition from "sundry citizens" of his district asking for emancipation.[34] On the 28th, a memorial was given by Stephenson of Washington County from citizens unhesitatingly favoring emancipation. It was read and tabled.
On May 30, Stephenson introduced a resolution to have a committee of thirteen, one from each congressional district "appointed to take in consideration the propriety of designating some period from which slavery shall not be tolerated in this state, and that all memorials on that subject that have or may be presented to the convention be referred to said committee to consider and report thereon."[35] This resolution passed without trouble.