The question is being a good deal agitated, and fully discussed. Many who own slaves oppose the institution, and non-slaveholders almost to a man. In my neighborhood of some five miles square, there are about eighty families, and a number of them own slaves, and there is but one advocate of slavery. A slaveholder said, “It is of no use to avoid the question any longer. The sooner it is settled the better, for God has declared that right shall prevail, and slavery must end.” Another individual who occupies a high station in society said, “Agitate the question and anti-slavery will prevail.” I might produce hundreds, yes, thousands of expressions of opinion equally strong and decisive. The great difficulty seems to be as to the means of getting rid of the evil.[68]
The question is being a good deal agitated, and fully discussed. Many who own slaves oppose the institution, and non-slaveholders almost to a man. In my neighborhood of some five miles square, there are about eighty families, and a number of them own slaves, and there is but one advocate of slavery. A slaveholder said, “It is of no use to avoid the question any longer. The sooner it is settled the better, for God has declared that right shall prevail, and slavery must end.” Another individual who occupies a high station in society said, “Agitate the question and anti-slavery will prevail.” I might produce hundreds, yes, thousands of expressions of opinion equally strong and decisive. The great difficulty seems to be as to the means of getting rid of the evil.[68]
While there was this anti-slavery minority expressing itself in an intermittent way after 1834, the great majority of the state was thoroughly pro-slavery. In 1835, Rev. Amos Dresser, an active member of the Abolition Society of Ohio, was arrested in Nashville for publishing and circulating pamphlets among the slaves to incite them to insurrection. The Committee of Vigilance and Safety, consisting of sixty-two citizens, tried him and found him guilty. He was sentenced to receive twenty stripes on his bare back and to leave the city within twenty-four hours. He received the flogging, and did not wait for the expiration of the twenty-four hours.[69]
Public meetings were generally held, denouncing such insurrectionists and their accomplices. It was reported that Arthur Tappan and others of New York City had furnished funds to aid the circulation of abolition literaturein the state. At one of these meetings held by the Committee of Vigilance and Safety, the merchants of Tennessee were requested to boycott Arthur Tappan and Company and all other abolitionists. These incidents were largely responsible for the Act of 1836 mentioned above and the Gag Resolution in Andrew Jackson’s administration. In the debate in the Senate on the Calhoun Resolution, both of the senators from Tennessee, Hugh Lawson White and Felix Grundy, defended the flogging of Rev. Dresser. Senator Grundy advocated a “summary disposal of such abolitionists.”[70]
Tennessee was never a unit on the slavery question. There were scattered groups of abolitionists throughout the state as long as slavery existed, while East Tennessee was almost solidly anti-slavery. The contest over slavery in the convention of 1834, in the churches, and in politics created divisions among the people of the state that have had a permanent influence upon the life of the state.
It is singularly true, however, that Tennessee did finally abolish slavery by popular vote. She was the only one of the Confederate States that was excepted from President Lincoln’s Emancipation Proclamation of 1863[71]and that abolished slavery by its own act. There was an attempt to hold a convention of Union men in Nashville in the fall of 1864, but the Confederate army in the vicinity of Nashville made it unsafe for the convention to meet. It did meet January 8, 1865, and on the ninth recommended that Article II, Section 31, of the Constitution of 1834, to the effect that “the General Assembly shall have no power to pass laws for the emancipation of slaves without the consent of their owner or owners,” be abrogated and that slavery be abolished forever, and the legislature be forbidden to re-establish property in man. These proposed constitutional changes were submitted to popular vote of the Union men, February22, 1865, and Andrew Johnson as military governor of Tennessee announced that the amendments had been adopted and that “the shackles have been formally stricken from the limbs of more than 275,000 slaves in the state.”[72]
“The amended constitution of the State of Tennessee adopted on the 22nd of February, 1865,” said Judge Shackelford in 1865, “prohibits slavery or voluntary servitude, in the State of Tennessee, and it has forever ceased to exist.”[73]It is clear, then, that his amendment was not the ratification of President Lincoln’s Proclamation, which did not apply to Tennessee, but was itself the act of emancipation by which the slaves of Tennessee ceased to be property and became free men.
FOOTNOTES[1]Acts of 1777, Ch. 6, Sec. 2.[2]Acts of 1829, Ch. 29, Sec. 1. A special legislative grant was requisite for a valid emancipation in Georgia, South Carolina, Alabama, and Mississippi. See James’ Dig., 398, Act of 1820; Prince’s Dig., 456, Act of 1801; Toulman’s Dig., 632; Mississippi Rev. Code, 386. In North Carolina and Tennessee, the courts granted emancipation—Haywood’s Manual, 525; Act of 1801, Ch. 27. In Kentucky, Missouri, Virginia, and Maryland, the master exercised this power under rules and regulations established by the statutes of these states. 2 Litt. and Swi., 1155; 2 Missouri Laws, 744; 1 Rev. Code of Virginia, 433; Maryland Laws, Act of 1809, Ch. 171.[3]Acts of 1854, Ch. 50, Sec. 1.[4]Petitions in State Archives.[5]Acts of 1801, Ch. 27, Sec. 3.[6]Ibid., Sec. 4.[7]Acts of 1784, Ch. 10, Sec. 7.[8]Fisher’s Negroes v. Dabbs, 6 Yerger, 119 (1834).[9]Acts of 1829, Ch. 29, Sec. 1.[10]Harris v. Clarissa, 6 Yerger, 227 (1834).[11]Acts of 1833, Ch. 81, Sec. 2.[12]Lewis v. Simonton, 8 Humphrey, 189 (1847).[13]Acts of 1784, Ch. 10, Sec. 7.[14]Lewis v. Simonton, 8 Humphrey, 189 (1847).[15]Wheeler, p. 385.[16]Ibid., p. 335.[17]Supra, p.160.[18]Phillips, Ulrich Bonnel, American Negro Slavery, p. 120.[19]Nile’s Weekly Register, Vol. 14, pp. 321ff.[20]McFerrin, I, 150.[21]Southern History Association Publications, II, 108.[22]Indiana Historical Society Publications, Vol. 2, pp. 233ff.[23]Tennessee History Magazine, Vol. 1, p. 264.[24]Indiana Historical Society Publications, Vol. 2, p. 246.[25]Hoss, E. E., P. of V. S. H. S., No. 2, p. 11.[26]The Genius, II, 2.[27]Southern History Association Publications, II, 103.[28]Phelan, p. 233.[29]Southern History Association Publications, II, 104.[30]The Emancipator, March 8, 1838, p. 175.[31]Ibid., March 16, 1838, p. 178.[32]The Emancipator, March 16, 1838, p. 178.[33]Garrison’s Garrison, I, 88.[34]P. of V. S. H. S., No. 2, p. 8.[35]P. of V. S. H. S., No. 2, p. 22.[36]Temple, O. P., p. 91.[37]Weeks, S. R., Southern Quakers and Slavery, p. 239; see also Martin, A. E., Tennessee History Magazine, Vol. I, p. 267.[38]Hoss, E. E., P. of V. S. H. S., No. 2, p. 7.[39]S. H. A. P., II, p. 104.[40]Swift, Lindsay, Life of Garrison, p. 60.[41]Earl, Thomas, Life of Benjamin Lundy, pp. 16-20.[42]Temple, p. 91.[43]Earl, p. 21.[44]Petitions of 1817, State Archives.[45]Petitions of 1815, State Archives.[46]Petitions of 1817, State Archives.[47]Petitions of 1819, State Archives.[48]The Nashville Republican, February 20, 1834.[49]Petitions of 1834, State Archives.[50]Journal of the Convention, p. 72.[51]Ibid., p. 89.[52]Journal of the Convention, p. 89.[53]Ibid., p. 90.[54]Ibid., p. 91.[55]Journal of the Convention, p. 93.[56]Ibid., p. 102.[57]Ibid., p. 125.[58]Journal of the Convention, p. 126.[59]Ibid., p. 127.[60]Journal of the Convention, p. 89.[61]Ibid., p. 225.[62]Ibid., p. 201; Constitution of 1834, Art. II, Sec. 31.[63]The Liberator, July 25, 1835; American Anti-Slavery Almanac, December, 1836, p. 47.[64]Petitions of 1836, State Archives.[65]Quarterly Anti-slavery Magazine, II, 364.[66]Hale and Merritt, II, 300.[67]Ninth Annual Report of American and Foreign Anti-slavery Society, 1849, p. 52.[68]Hale and Merritt, II, 299.[69]Ibid., p. 300.[70]Fifth Annual Report of American Anti-slavery Society, 1838, pp. 72-73.[71]Andrews v. Page, 3 Heiskell, 658 (1870).[72]Acts of 1865, pp. IX-XIII.[73]Nelson v. Smithfeter, 2 Caldwell, 14 (1865). See also Graves v. Keaton, 3 Caldwell, 14 (1866); Wharton v. The State, 5 Caldwell, 3 (1867); Bedford v. Williams, 3 Caldwell, 210 (1867).
[1]Acts of 1777, Ch. 6, Sec. 2.
[1]Acts of 1777, Ch. 6, Sec. 2.
[2]Acts of 1829, Ch. 29, Sec. 1. A special legislative grant was requisite for a valid emancipation in Georgia, South Carolina, Alabama, and Mississippi. See James’ Dig., 398, Act of 1820; Prince’s Dig., 456, Act of 1801; Toulman’s Dig., 632; Mississippi Rev. Code, 386. In North Carolina and Tennessee, the courts granted emancipation—Haywood’s Manual, 525; Act of 1801, Ch. 27. In Kentucky, Missouri, Virginia, and Maryland, the master exercised this power under rules and regulations established by the statutes of these states. 2 Litt. and Swi., 1155; 2 Missouri Laws, 744; 1 Rev. Code of Virginia, 433; Maryland Laws, Act of 1809, Ch. 171.
[2]Acts of 1829, Ch. 29, Sec. 1. A special legislative grant was requisite for a valid emancipation in Georgia, South Carolina, Alabama, and Mississippi. See James’ Dig., 398, Act of 1820; Prince’s Dig., 456, Act of 1801; Toulman’s Dig., 632; Mississippi Rev. Code, 386. In North Carolina and Tennessee, the courts granted emancipation—Haywood’s Manual, 525; Act of 1801, Ch. 27. In Kentucky, Missouri, Virginia, and Maryland, the master exercised this power under rules and regulations established by the statutes of these states. 2 Litt. and Swi., 1155; 2 Missouri Laws, 744; 1 Rev. Code of Virginia, 433; Maryland Laws, Act of 1809, Ch. 171.
[3]Acts of 1854, Ch. 50, Sec. 1.
[3]Acts of 1854, Ch. 50, Sec. 1.
[4]Petitions in State Archives.
[4]Petitions in State Archives.
[5]Acts of 1801, Ch. 27, Sec. 3.
[5]Acts of 1801, Ch. 27, Sec. 3.
[6]Ibid., Sec. 4.
[6]Ibid., Sec. 4.
[7]Acts of 1784, Ch. 10, Sec. 7.
[7]Acts of 1784, Ch. 10, Sec. 7.
[8]Fisher’s Negroes v. Dabbs, 6 Yerger, 119 (1834).
[8]Fisher’s Negroes v. Dabbs, 6 Yerger, 119 (1834).
[9]Acts of 1829, Ch. 29, Sec. 1.
[9]Acts of 1829, Ch. 29, Sec. 1.
[10]Harris v. Clarissa, 6 Yerger, 227 (1834).
[10]Harris v. Clarissa, 6 Yerger, 227 (1834).
[11]Acts of 1833, Ch. 81, Sec. 2.
[11]Acts of 1833, Ch. 81, Sec. 2.
[12]Lewis v. Simonton, 8 Humphrey, 189 (1847).
[12]Lewis v. Simonton, 8 Humphrey, 189 (1847).
[13]Acts of 1784, Ch. 10, Sec. 7.
[13]Acts of 1784, Ch. 10, Sec. 7.
[14]Lewis v. Simonton, 8 Humphrey, 189 (1847).
[14]Lewis v. Simonton, 8 Humphrey, 189 (1847).
[15]Wheeler, p. 385.
[15]Wheeler, p. 385.
[16]Ibid., p. 335.
[16]Ibid., p. 335.
[17]Supra, p.160.
[17]Supra, p.160.
[18]Phillips, Ulrich Bonnel, American Negro Slavery, p. 120.
[18]Phillips, Ulrich Bonnel, American Negro Slavery, p. 120.
[19]Nile’s Weekly Register, Vol. 14, pp. 321ff.
[19]Nile’s Weekly Register, Vol. 14, pp. 321ff.
[20]McFerrin, I, 150.
[20]McFerrin, I, 150.
[21]Southern History Association Publications, II, 108.
[21]Southern History Association Publications, II, 108.
[22]Indiana Historical Society Publications, Vol. 2, pp. 233ff.
[22]Indiana Historical Society Publications, Vol. 2, pp. 233ff.
[23]Tennessee History Magazine, Vol. 1, p. 264.
[23]Tennessee History Magazine, Vol. 1, p. 264.
[24]Indiana Historical Society Publications, Vol. 2, p. 246.
[24]Indiana Historical Society Publications, Vol. 2, p. 246.
[25]Hoss, E. E., P. of V. S. H. S., No. 2, p. 11.
[25]Hoss, E. E., P. of V. S. H. S., No. 2, p. 11.
[26]The Genius, II, 2.
[26]The Genius, II, 2.
[27]Southern History Association Publications, II, 103.
[27]Southern History Association Publications, II, 103.
[28]Phelan, p. 233.
[28]Phelan, p. 233.
[29]Southern History Association Publications, II, 104.
[29]Southern History Association Publications, II, 104.
[30]The Emancipator, March 8, 1838, p. 175.
[30]The Emancipator, March 8, 1838, p. 175.
[31]Ibid., March 16, 1838, p. 178.
[31]Ibid., March 16, 1838, p. 178.
[32]The Emancipator, March 16, 1838, p. 178.
[32]The Emancipator, March 16, 1838, p. 178.
[33]Garrison’s Garrison, I, 88.
[33]Garrison’s Garrison, I, 88.
[34]P. of V. S. H. S., No. 2, p. 8.
[34]P. of V. S. H. S., No. 2, p. 8.
[35]P. of V. S. H. S., No. 2, p. 22.
[35]P. of V. S. H. S., No. 2, p. 22.
[36]Temple, O. P., p. 91.
[36]Temple, O. P., p. 91.
[37]Weeks, S. R., Southern Quakers and Slavery, p. 239; see also Martin, A. E., Tennessee History Magazine, Vol. I, p. 267.
[37]Weeks, S. R., Southern Quakers and Slavery, p. 239; see also Martin, A. E., Tennessee History Magazine, Vol. I, p. 267.
[38]Hoss, E. E., P. of V. S. H. S., No. 2, p. 7.
[38]Hoss, E. E., P. of V. S. H. S., No. 2, p. 7.
[39]S. H. A. P., II, p. 104.
[39]S. H. A. P., II, p. 104.
[40]Swift, Lindsay, Life of Garrison, p. 60.
[40]Swift, Lindsay, Life of Garrison, p. 60.
[41]Earl, Thomas, Life of Benjamin Lundy, pp. 16-20.
[41]Earl, Thomas, Life of Benjamin Lundy, pp. 16-20.
[42]Temple, p. 91.
[42]Temple, p. 91.
[43]Earl, p. 21.
[43]Earl, p. 21.
[44]Petitions of 1817, State Archives.
[44]Petitions of 1817, State Archives.
[45]Petitions of 1815, State Archives.
[45]Petitions of 1815, State Archives.
[46]Petitions of 1817, State Archives.
[46]Petitions of 1817, State Archives.
[47]Petitions of 1819, State Archives.
[47]Petitions of 1819, State Archives.
[48]The Nashville Republican, February 20, 1834.
[48]The Nashville Republican, February 20, 1834.
[49]Petitions of 1834, State Archives.
[49]Petitions of 1834, State Archives.
[50]Journal of the Convention, p. 72.
[50]Journal of the Convention, p. 72.
[51]Ibid., p. 89.
[51]Ibid., p. 89.
[52]Journal of the Convention, p. 89.
[52]Journal of the Convention, p. 89.
[53]Ibid., p. 90.
[53]Ibid., p. 90.
[54]Ibid., p. 91.
[54]Ibid., p. 91.
[55]Journal of the Convention, p. 93.
[55]Journal of the Convention, p. 93.
[56]Ibid., p. 102.
[56]Ibid., p. 102.
[57]Ibid., p. 125.
[57]Ibid., p. 125.
[58]Journal of the Convention, p. 126.
[58]Journal of the Convention, p. 126.
[59]Ibid., p. 127.
[59]Ibid., p. 127.
[60]Journal of the Convention, p. 89.
[60]Journal of the Convention, p. 89.
[61]Ibid., p. 225.
[61]Ibid., p. 225.
[62]Ibid., p. 201; Constitution of 1834, Art. II, Sec. 31.
[62]Ibid., p. 201; Constitution of 1834, Art. II, Sec. 31.
[63]The Liberator, July 25, 1835; American Anti-Slavery Almanac, December, 1836, p. 47.
[63]The Liberator, July 25, 1835; American Anti-Slavery Almanac, December, 1836, p. 47.
[64]Petitions of 1836, State Archives.
[64]Petitions of 1836, State Archives.
[65]Quarterly Anti-slavery Magazine, II, 364.
[65]Quarterly Anti-slavery Magazine, II, 364.
[66]Hale and Merritt, II, 300.
[66]Hale and Merritt, II, 300.
[67]Ninth Annual Report of American and Foreign Anti-slavery Society, 1849, p. 52.
[67]Ninth Annual Report of American and Foreign Anti-slavery Society, 1849, p. 52.
[68]Hale and Merritt, II, 299.
[68]Hale and Merritt, II, 299.
[69]Ibid., p. 300.
[69]Ibid., p. 300.
[70]Fifth Annual Report of American Anti-slavery Society, 1838, pp. 72-73.
[70]Fifth Annual Report of American Anti-slavery Society, 1838, pp. 72-73.
[71]Andrews v. Page, 3 Heiskell, 658 (1870).
[71]Andrews v. Page, 3 Heiskell, 658 (1870).
[72]Acts of 1865, pp. IX-XIII.
[72]Acts of 1865, pp. IX-XIII.
[73]Nelson v. Smithfeter, 2 Caldwell, 14 (1865). See also Graves v. Keaton, 3 Caldwell, 14 (1866); Wharton v. The State, 5 Caldwell, 3 (1867); Bedford v. Williams, 3 Caldwell, 210 (1867).
[73]Nelson v. Smithfeter, 2 Caldwell, 14 (1865). See also Graves v. Keaton, 3 Caldwell, 14 (1866); Wharton v. The State, 5 Caldwell, 3 (1867); Bedford v. Williams, 3 Caldwell, 210 (1867).