The Journal of Negro History, Volume 4, 1919

by Various

Stephenson was conspicuous for adherence to emancipation principles. It will be observed that he came from Washington County, in the far eastern portion of the State, the region already famous for its declaration of enmity toward slavery within Tennessee borders especially. An article in the Knoxville Register of the year 1831, just a few years prior to this Nashville Convention, denounces slavery in no uncertain terms, but also grows bitter at the thought of free men of color even remaining in the State. "Shall Tennessee" it asks, "be made the receptacle of the vicious and desperate slave as well as the depraved and corrupting free man of color?"[36]

But while a great number of those of East Tennessee probably wanted the abolition of slavery in order to rid the State of all people of color, there were those who through their delegates expressed their opinions otherwise in this convention, as has been intimated in the three memorials from "sundry citizens" of Washington and McMinn and Rhea Counties. Finally, the report of the Committee of Thirteen was given by John A. McKinney, of Hawkins County. It will be noted as an exception to the rule that this representative of an eastern county did not vigorously stand for the emancipation of the slave, but in his report spoke at length to attempt the justification of the system prevailing at that time in the State. Some of the most interesting points of his argument are: that slavery is an evil, but hard to remove, that the physiognomy of the slave is the great barrier to successful adjustment socially as far as white citizens think and feel, that the condition of the free man of color is tragic, that beset with temptations, and denied his oath in a court of justice, he is unable to have wrongs of whites against him redressed, that any interference with slavery at this time would cause a speedy removal of Tennessee population since slave-owners would seek other States with their slaves, and that if Tennessee should free all her slaves, there would be a greater concentration of all the slaves of the United States, giving slaves more advantage in case of uprising.

Since the slave population in 1830 was 142,530, a fair estimate for 1834 would be 150,000, and this host of newly-made freedmen, thought he, would jeopardize the social safety of the white population of Tennessee, and incite the slave inhabitants of adjoining States to sedition. Slavery would not always exist, he believed, but Tennessee could abolish it then without dire results. Colonization was difficult, but possible and practicable.

This report was given on June 19. A few days later a motion was made by a Bedford County delegate to strike out that part of the report referring to the condition of the free man of color as "tragic." This did not prevail. Still later Stephenson in a set speech protested vigorously against the acceptance of the report of the Committee of Thirteen. He declared that the report was "an apology for slavery," and did not show the convention willing to discharge its duty to the memorialists, and to the people whose protests could not there be heard. His principal argument was that the principles guiding this committee in its decision were subversive of the principles of true republicanism; that they were also against the principles of the Bible. Since the committee had admitted the evil of slavery, he contended, the failure to find a remedy is unworthy of the representatives of the people of the State. He maintained that there is no soundness in the argument that because of the physical differences, the black man should be deprived of the "common rights of man," and that it is not better to have slavery distributed over a large area of country than to concentrate it, if slavery is an evil, since the spread of any evil cannot be better than its limitation.[37]

As an indirect blow at any possible suffrage right of any persons of color under the new constitution, Marr, delegate from Weakley and Obion, introduced a resolution at this time intended to restrict suffrage permanently and definitely to white males, specifically prohibiting all "mulattoes, negroes, and Indians." This was referred to the committee of the whole, but, oddly enough, failed of adoption.[38] The intermittent debate on the subject of emancipation, led on the one side by Stephenson, and on the other by McKinney, was resumed a few days later when the latter gave an additional report. He stated that the memorials with their signatures had been examined and the names attached to them had numbered 1804 in all. 105 purported to be slave-holders, said he, but by inquiry the committee had ascertained that the aggregate number of slaves in their possession was not greater than 500. He admitted that there were several counties from which memorials had come, but charged that there had been a signing of more than one memorial in some counties by the same persons, so that there was a doubling of names without a proportional increase of individual signers. He depreciated Stephenson's statement that these memorials had come from almost every part of the State as ill-founded; for the sixteen counties of Tennessee which had sent representatives with memorials favorable to the idea of emancipation were not from widely scattered portions of the State. Only five extended westward beyond the longitude of Chattanooga, and there were none of the more western counties represented. The two sections of the State seemed to bear no hostility toward each other, but decidedly disagreed on the slavery question. The question was largely an economic one with the Tennesseans of the Mississippi Valley. Cotton was coming into greater and greater importance every year. It could, they thought, be most profitably raised by large groups of workmen whose labor was cheap. The slave was the logical person, and they fastened on him the burden.

Lest the impression has been made that the only portion of the State from which the sentiment of an anti-slavery nature came was East Tennessee, it will be well to refer to the vigorous speech of Kincaid, a delegate from Bedford County, who flung a parting reply to the friends and sympathizers of the Committee of Thirteen which had succeeded in thwarting any official action upon the matter proposed by the memorialists.[39] Bedford County, in the central portion of the State, represented both economically and socially a type of citizen different from that of the mountaineer stock. Yet Kincaid fearlessly defended the plain human rights of the colored population in his speech as much as Stephenson had done, and scathingly denounced the Committee of Thirteen for its attitude toward slavery.

The pro-slavery faction, however, successfully contended that the emancipation party had no definite plan for emancipation, as those in Washington County and other districts were divided in their ideas on this subject. There were about thirty memorials besides the one from this county, one half of them asking that all children born in the State after 1835 should be free and that all slaves should be freed in 1855 and sent out of the State. The other half of the memorials favored making the slaves free in 1866 and having them colonized. As a matter of fact, Tennessee did emancipate its slaves three years earlier than this date. By the Committee of Thirteen these statements were given to show that there could be no virtue in acting in accord with the wishes of the memorialists, as they were hopelessly divided in their recommendations. The report of the committee was tabled, but the debate was by no means ended. Further detail is not of use to us here save to point out that there was no vote in the matter and that Stephenson bitterly upbraided the convention as a whole, stating that it had not made an effort to answer the prayer of the memorialists. The survey of this prolonged and unprofitable struggle shows how divided were the people of Tennessee on the question of abolishing slavery.[40]

Later in the convention there occurred some incidents which throw light on the situation of the Negro. The Bill of Rights in the amended constitution, sec. 26, provided: "That free white men of this state have a right to keep and bear arms in their own defence."[41] A delegate from Sevier County objected to the word "white" and moved that it be stricken from the record. Another member from Green County moved that the word "citizens" be inserted instead of "free white men," but this was rejected by a vote of 19 to 30, Stephenson and and others from East Tennessee voting with the ayes, and the Committee of Thirteen with others defeating the motion. A resolution was then brought forward by a delegate from Dyer County intended to prohibit the general assembly from having power to pass laws for the emancipation of slaves without consent of owners.[42] Immediately a memorialist sympathizer moved to lay this on the table until January, 1835. His effort was lost, and the resolution passed. Thus was the day completely won for the anti-emancipation faction.

There had been considerable discussion as to the status of free men of color, and although one provision of the constitution seemed to give the right of suffrage to all free men, yet there was a restriction limiting the privilege of voting to those who were "competent witnesses in a court of justice against a white person."[43] One commentator upon his unusual provision observes that one cannot tell how many Negroes were entitled to vote under this provision.[44] But whatever present-day students may make of this, it was recognized by the members of this convention that the free Negro had no suffrage right, for near the close of the convention there was submitted a resolution providing that since "free men of color were denied suffrage by the constitution," the apportionment of senators and representatives from their respective districts should be based on the white population alone.[45] The revised constitution contains this provision, but with different wording.

The general tendency of the whole body of legal enactments in the period 1834-65 was toward restricting the slave more and more, and at the same time, eliminating the element known as free Negroes. Probably this had an effect upon the percentage of free Negroes in the total population as seen in the years 1820 and 1850. The national percentage for these years in question was in each case six tenths of one per cent.[46] But as the total Negro population increased despite the migration southward from Tennessee, the ratio for Tennessee in 1820 was 3 per cent, and for 1850, 2.4 per cent, a period of greater repression, showing decrease, although very slight.