Tennessee Slave Law Summary and RecordClose

Tennessee Laws on Slavery from the Colonial Era to the Civil War

TYPEYEARLAWS/CODESDESCRIPTION
Freedom of movement1741StatuteIt was unlawful for enslaved blacks to leave the plantation of their master without written permission.
Weapons1741StatuteIt was unlawful for enslaved blacks to carry a gun, sword, club, or other weapon unless they had written permission. It was lawful for any person to seize and take for his own use a weapon belonging to a black, and to deliver such black to a constable, who was warranted to give such black 20 lashes. A master had the right to employ one black to hunt on his lands with a gun.
Conspiracy1741StatuteBlacks found guilty of conspiring to rebel or plot the murder of any person were deemed felons and were to suffer death.
Hunting with dogs1741StatuteIt was unlawful for an enslaved black to hunt in the woods with a dog except with a written certificate. It was lawful for any person to kill the dogs of blacks who violated the statute, and the offender was to be whipped up to 30 lashes.
Runaways1741StatuteAny person found guilty for tempting an enslaved black to leave his owner's service, or harbored or concealed such black was to pay a fine of $62.50.
Runaways1741StatuteRunaway slaves were considered outlaws and could be killed if they did not return home.
Runaways1741StatuteThe reward for capturing a runaway less than ten miles from his home was $0.93. For every mile above ten, about four cents were added to the sum.
Runaways1741StatuteSheriffs were to advertise runaways with a full description. Sheriffs who failed to notify the public of a runaway in their possession were to pay a fine of $12.50. Jailors who hired out runaways were to place an iron collar on the neck of their charges with the letters PG stamped on the collar.
Runaways1741StatuteAfter a runaway was brought before a justice of the peace, he was to be whipped up to 39 lashes.
Runaways1741StatuteSheriffs or other officers who kept or hired out runaways longer than directed were to pay a fine of $12.50. Sheriffs or jailors who, by neglect, allowed a runaway to escape were liable for damages.
Unlawfully killed slave1741StatuteThe owner of an enslaved black unlawfully killed was entitled to sue for damages.
Runaways1741StatuteIn cases where a runaway's owner was believed to be a resident of another state, the jailor was to send a description of such black and details of his arrest to be advertised in the Virginia or South Carolina Gazette. The owner of such a runaway was responsible for expenses.
Free blacks1741StatuteFree persons of color who were imported into the State and sold as slaves were to recover from the seller double the price.
Punishment1741StatuteIf the master of any enslaved black who had been convicted of a crime refused to pay the fine, the black was to be whipped up to 39 lashes.
Perjury1741StatuteEnslaved blacks who gave false testimony were to receive 39 lashes.
Defense of slave1741StatuteThe master of an enslaved black on trial could appear at the trial and defend him or her.
Livestock1741StatuteIndians or enslaved blacks who killed horses, cattle, or hogs belonging to another without the consent of the owner, or who stole and misbranded an animal were to be whipped.
Theft1753StatuteIn cases where an enslaved black who was properly fed and clothed and was found guilty of stealing any corn, cattle, hogs, or other goods from another slave owner, the black's master would be responsible for paying for the stolen goods and damages.
Hunting1753StatuteNo certificates permitting enslaved blacks to hunt would be issued unless a master posted a security bond first. The masters of blacks found to have a gun illegally would be fined $2.50. Blacks were also required to have a certificate if they hunted with dogs. Enslaved blacks found to be keeping dogs illegally would be whipped up to 39 lashes and their dogs killed.
Hiring out1777StatuteEnslaved blacks allowed to hire themselves out were to be taken by the county and kept at hard labor for up to 20 days.
Emancipation1777StatuteEnslaved blacks unlawfully emancipated were to be jailed and sold.
Livestock1779StatuteAny horses, cattle, hogs, or sheep belonging to an enslaved black were to be seized and sold by the county wardens, with half of the proceeds going to the informer.
Murder1779StatuteAny person found guilty of willfully and maliciously murdering a free black was to receive the death penalty without benefit of clergy. Those convicted of murdering an enslaved black were responsible for paying the owner the value of such person. Exceptions were made in cases where blacks died while resisting arrest or under "moderate correction."
Patrol duty1779StatutePatrollers were exempt from muster, jury, and road duty. Patrollers were to search once a month for weapons being held by enslaved blacks and for blacks who were found off the master's plantation. Patrollers who refused to serve were to pay a fine of $250.
Slave Trade1784StatuteThe sale of blacks was to be in writing, attested by at least two witnesses.
Ships1787StatuteIt was unlawful for the master of a ship to entertain enslaved blacks on his vessel on the Sabbath or in the night without a pass. Offenders were fined $12.50 for the first violation, double for a second.
Free blacks1787StatuteAny free black found entertaining any enslaved black in his house on the Sabbath or during the night was subject to a $2.50 fine and five dollars for a second offense.
Trade1788StatuteEnslaved blacks who offered to sell goods without a permit were to be whipped up to 39 lashes. Free persons who engaged in such trade were to be fined $25 plus damages. Insolvent offenders were to be jailed up to three months.
Emancipation1788StatuteAny free man who knew of a black liberated contrary to the law could give that information to a justice.
Harboring a slave1799StatuteAny person who enticed an enslaved black to run away or harbored a black was to be fined $50.
Forged pass1799StatuteEnslaved blacks producing a forged pass or certificate were to be whipped up to 39 lashes.
Trade1799StatutePersons found guilty of trading with an enslaved black without a pass were to be fined ten dollars.
Killing a slave1799StatuteIf any free person was found guilty of premeditated murder against an enslaved black, he or she would be sentenced to death without benefit of clergy. The offender was to pay the value of the black to the owner. Statute did not apply to persons who killed a black in the act of resistance, or who died under "moderate correction."
Emancipation1801StatuteCitizens could petition the court to emancipate an enslaved black if the court believed such an action was consistent with the interest and policy of the State. Nine justices were required to hear a petition and two thirds had to concur. Slave holders were required to post a bond before a black could be freed.
Sedition1803StatuteAny person who either publicly or privately spoke words that could "inflame the mind of any slave" was to be fined ten dollars.
Riots1806StatuteRiots, routs, unlawful assemblies, trespassing, and seditious speeches by enslaved blacks were unlawful and were to be punished by stripes.
Free blacks1806StatuteAll free blacks were to be registered by the county of their residency in a book to be kept by the county clerk. The book was to note the person's age, name, color, distinguishing marks, and by what authority the person was emancipated.
Entertaining slaves1806StatuteAny white or free black who kept company with enslaved blacks was to be fined between $10-$20.
Free blacks1807StatuteFree blacks found loitering without any lawful business or without a copy of their certificate of freedom would be required to post a security bond. Blacks who failed to post a security bond would be imprisoned for ten days.
Trade1808StatuteIt was unlawful to trade with any enslaved black. Offenders were to pay a fine between $10-$50.
Slave trade1812StatuteStatute prohibited the importation of slaves into the State.
Alcohol1813StatuteIt was unlawful to sell alcohol to an enslaved black without a permit. Penalty: five-ten dollar fine.
Beating a slave1813StatuteWantonly beating another man's enslaved black was an indictable offense.
Freedom suits1817StatuteDefendants suing for their freedom were required to post a security bond.
Trade1818StatuteIt was unlawful for an enslaved black to sell any goods without written permission. Offenders were to be whipped between 5-30 lashes.
Capital crimes1819StatuteWhen committed by an enslaved black, murder, arson, burglary, rape, and robbery were deemed capital offenses and were to be punished by death.
Trials1819StatuteIn the trial of enslaved blacks where a jury is required by law, it was the duty of the sheriff to summon three justices to preside and 12 slave owners to serve as the jury. The owners of blacks on trial could challenge prospective jurors. Slave owners were responsible to pay the cost of appeals except in cases where the prosecution was determined to be frivolous.
Miscegenation1822StatuteProhibited intermarriage between whites and blacks.
Hiring out1823StatuteAny person who hired out an enslaved black was to forfeit between $1 and $2 per day.
Runaways1825StatuteRunaways who were not claimed after 12 months were to be sold with proceeds going to the county treasury. Owners who claimed a runaway within two years after his sale were entitled to the proceeds minus expenses.
Slave trade1826StatuteEnslaved blacks could not be imported into the State for the purpose of selling except for use by the buyer or procured by descent or marriage. It was unlawful to bring any enslaved black into the State who had been convicted of any crime.
Free blacks1826StatuteThe penalty for selling a free person of color into slavery was $500.
Slave sales1827StatuteEnslaved blacks were not to be sold by administrator or executor unless directed by the testator to do so.
Alcohol1829StatuteIt was illegal for enslaved or free blacks to sell alcohol without permission. Offenders were to be whipped between five-ten lashes.
Emancipation1829StatuteIn cases where a person, by his last will and testament, directed that an enslaved black be freed, it was the duty of the executor or administrator of the will to petition the county court accordingly.
Free blacks1831StatuteAny person found guilty of stealing a free black or trying to sell such person into slavery was to be sentenced between 5-15 years in the penitentiary.
Theft1831StatuteAny person found guilty of stealing a slave was to serve between 5-15 years in the penitentiary.
Trade1831StatuteIt was unlawful to buy, sell, or borrow with enslaved blacks, servants, or apprentices. Penalty: triple the value of the goods and $15.
Perjury1831StatuteIndians, blacks, or mulattos found guilty of perjury were to have one ear nailed to the pillory, and, after one hour, the ear would be cut off. The process was then repeated to the other ear followed by a whipping of 39 lashes.
Testimony1831StatuteIt was lawful for enslaved blacks to testify against any free black who was born into slavery.
Freedom of movement1831StatuteIt was unlawful for any person to knowingly permit any enslaved black to assemble at his house without a written pass from the owner. Offenders were to pay a fine of ten dollars.
Free blacks/Marriage1831StatuteFree blacks found guilty of marrying or cohabiting with an enslaved black without written permission from the slave master were to pay a $25 fine. Failing to pay the fine, the offender would be liable to serve the slave master for a term of one year.
Emancipation1831StatuteEnslaved blacks were not to be emancipated unless they immediately left the State. Owners were to post a bond in a sum equal to the black's value before he or she would be freed.
Rape1833StatuteAny enslaved or free black who assaulted a white woman with the intent to commit a rape was to suffer death by hanging.
Capital crimes 1835StatuteCapital crimes of enslaved blacks were assigned to circuit courts. If a slave owner did not appoint legal counsel, the court would assign representation and owners would be charged a fee. Any enslaved black who committed an assault against any white person or a rape on a free white woman was guilty of a capital crime, and would be sentenced to death.
Alcohol1835StatuteIt was unlawful to permit an enslaved black to sell liquor. Fine: $50.
Acting as free persons1839StatuteIt was unlawful for an enslaved black to act as a free person of color. Enslaved persons could not own livestock or property, trade liquor or livestock or other goods, or hire themselves out. Persons indicted were liable to pay five dollars for each offense.
Penitentiary1844StatuteThe owner of any enslaved black confined in the penitentiary could petition the county circuit court to order his release. Owners were required to first pay for all charges related to the keeping of the black.
Runaways1844StatuteAct authorized the mayor and aldermen of any town to employ runaways committed to the jail to work for the public improvement of the town.
Emancipation1854StatuteBlacks emancipated from slavery were to be sent to the west coast of Africa.
Slave Trade1855StatuteStatute repealed laws prohibiting slave trade.
Re-enslavement1857StatuteLaw facilitated the re-enslavement of free blacks.