Black Hisory
In
Tennessee
This is another of a series
of historical articles on
Anderson County and her people.
Clinton Courier News
August 13, 1981.
BY KATHERINE B. HOSKINS
County Historian
Legislation is starting point
Information on black race
important history segment
Part I
It is a never-ending task--that of exploring, finding and studying documents, books and personal interviews concerning history of the black race in Tennessee and Anderson County.
Tennessee having been a border state as regards slavery, and East Tennessee being outside the plantation area of the state, the number of slaves in East Tennessee (and Anderson County) was negligible compared to that of Middle and West Tennessee.
A good starting point for this type of research was found to be territorial and state laws regarding slavery, free persons of color, slave owners and others. This is an important part of black history.
From 1784, beginning with territorial legislation, it was the law that "all sales of slaves shall be in writing, attested to by at least two witnesses, or otherwise shall not be deemed valid."
Beginning in 1794 it was the law that "all Negroes, Indians, mulattos and all persons on mixed blood, descended from Negro or Indian ancestors, to the third generation inclusive, whether bonded or free, shall be incapable to be witnesses, except against each other."
In 1831 the state of Tennessee passed a law prohibiting
"free persons of color" to emigrate into the state, under the following penalty:
"Such persons shall be tried before the grand jury
or circuit court of the county where he or she may
attempt to reside, and if convicted shall be fined
ten to fifty dollars, to the use of the county, and
shall be sentenced to not less than one nor more
than ten years at hard labor in the penitentiary."
Under the same law, any assemblage of slaves in unusual number or at suspicious times and places not authorized by their owners was subject to whipping, not to exceed 25 lashes.
This law also provided that no slave could go about the country under the pretext of practicing medicine, under penalty of 25 lashes, if convicted.
Another provision of the 1831 law was that any person delivering to the jail or magistrate any
runaway slave was entitled to the sum of $5.00, to be paid by the owner of the slave.
Another provision of this law was that patrollers (called "pattyrollers" by slaves) and searchers
who faithfully served to terms of three months were exempt for terms of 12 months from military muster, working on roads and searching in their respective bounds during the day as well as night, and they had power to arrest and punish all slaves found under suspicious circumstances off their masters' property without written passes.
An 1832 act prohibited any stage contractor, owner or driver, or captain of any steamboat or
other water craft, to receive or carry from any place in Tennessee to any other place either in or out of the state any black or colored person unless said person could produce the certificate of the clerk of the court or the county from which the stage or boat was to depart. The certificate was to shoe
that said colored person was free, or a slave had to carry a written permission from his owner. Penalty for this offense was, on conviction, a fine of from $200 to $500 and imprisonment of from three to six months.
In 1844 an act was passed to authorize the mayor and aldermen of any incorporated town in
Tennessee to employ runaway slaves committed to the jail of county for the public improvement of the town. The town officials were required to keep on file an accurate description of each slave so received, to be advertised in the event of escape. They also were to execute a bond of the town,
payable to the sheriff of the county, in double the value of such slaves, conditioned for the safe keeping, good treatment and delivery of said slaves to their owners upon application of such owner or his agent, or to the jailer, upon expiration of the period of confinement of such slave.
An 1860 law provided that "any person who had sold spiritous or vinous liquors by retail to any free person of color knowingly, or suffer them or slaves to assemble at night time or on Sundays
on the premises of such person who may have spiritous liquors, such person shall be guilty of a misdemeanor and shall be punished at the discretion of the court and jury."
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