The Journal of Negro History, Volume 4, 1919

An observer in Charleston at the outbreak of the war noted the preparation for war, and called particular attention to "the thousand Negroes who, so far from inclining to insurrections, were grinning from ear to ear at the prospect of shooting the Yankees474." In the same city, one of the daily papers stated that on January 2, 150 free colored men had gratuitously offered their services to hasten the work of throwing up redoubts along the coast475. At Nashville, Tennessee, April, 1861, a company of free Negroes offered their services to the Confederate Government and at Memphis a recruiting office was opened476. The Legislature of Tennessee authorized Governor Harris, on June 28, 1861, to receive into the State military service all male persons of color between the ages of fifteen and fifty. These soldiers would receive eight dollars a month with clothing and rations. The sheriff of each county was required to report the names of these persons and in case the number of persons tendering their services was not sufficient to meet the needs of the county, the sheriff was empowered to impress as many persons as were needed477. In the same State, a procession of several hundred colored men marching through the streets attracted attention. They marched under the command of Confederate officers and carried shovels, axes, and blankets. The observer adds, "they were brimful of patriotism, shouting for Jeff Davis and singing war songs."478 A paper in Lynchburg, Virginia, commenting on the enlistment of 70 free Negroes to fight for the defense of the State, concluded with "three cheers for the patriotic Negroes of Lynchburg."479

Two weeks after the firing on Fort Sumter, several companies of volunteers of color passed through Augusta on their way to Virginia to engage in actual war. Sixteen well-drilled companies of volunteers and one Negro company from Nashville composed this group.480 In November of the same year, a military review was held in New Orleans. Twenty-eight thousand troops passed before Governor Moore, General Lowell and General Ruggles. The line of march covered over seven miles in length. It is said that one regiment comprised 1,400 free colored men.481 The Baltimore Traveler commenting on arming Negroes at Richmond, said: "Contrabands who have recently come within the Federal lines at Williamsport, report that all the able-bodied men in that vicinity are being taken to Richmond, formed into regiments, and armed for the defense of that city."482

During February, 1862, the Confederate Legislature of Virginia was considering a bill to enroll all free Negroes in the State for service with the Confederate forces.483 The Legislatures of other States seriously considered the measure. Military and civil leaders, the Confederate Congress and its perplexed War Department debated among themselves the relative value of employing the Negroes as soldiers. Slowly the ranks of those at home were made to grow thin by the calls to the front. In April, 1862, President Davis was authorized to call out and place in service all white men between the ages of eighteen and thirty-five; in September the ages were raised to include the years of thirty-five and forty-five; and finally in February, 1864, all male whites between the years of seventeen and fifty were made liable to military service. The Negroes were liable for impressment in the work of building fortifications, producing war materials, and the like.484

The demand became so urgent for men that quite a controversy arose over the advisability of employing the Negroes as soldiers. Some said that the Negro belonged to an inferior race and, therefore, could not be a good soldier; that the Negro could do menial work in the army, but that fighting was the white man's task. Those who supported the idea in its incipiency always urged the necessity of employing Negroes in the army. A native Georgian supported the employment of these troops in a letter to the Secretary of War, recommending freedom after the war was over to those who fought, compensation to the owners and the retention of the institution of slavery by continuing as slaves "boys and women, and exempted or detailed men." The statement concludes with "our country requires a quick and stringent remedy. Don't stop for reforms."485

In November, 1864, Jefferson Davis in his message to the Confederate Congress recognized that the time might come when slaves would be needed in the Confederate army: "The subject," said he, "is to be viewed by us, therefore, solely in the light of policy and our social economy. When so regarded, I must dissent from those who advise a general levy and arming of slaves for the duty of soldiers. Until our white population shall prove insufficient for the armies we require and can afford to keep the field, to employ as a soldier the Negro, who has merely been trained to labor, and as a laborer under the white man, accustomed from his youth to the use of firearms, would scarcely be deemed wise or advantageous by any; and this is the question before us. But should the alternative ever be presented of subjugation or of the employment of the slave as a soldier, there seems no reason to doubt what should be our decision."486 In the same month, J. A. Seddon, Secretary of War, refused permission to Major E. B. Briggs of Columbus, Georgia, to raise a regiment of Negro troops, stating that it was not probable that any such policy would be adopted by Congress.487

In response to an inquiry from Seddon, the Secretary of War, as to the advisability of arming slaves, General Howell Cobb presented the point of view of one group of the Confederates, when he opposed the measure to arm the Negroes. "I think," said he "that the proposition to make soldiers of our slaves is the most pernicious idea that has been suggested since the war began … you cannot make soldiers of slaves or slaves of soldiers. The moment you resort to Negro soldiers, your white soldiers will be lost to you, and one secret of the favor with which the proposition is received in portions of the army is the hope when Negroes go into the army, they (the whites) will be permitted to retire. It is simply a proposition to fight the balance of the war with Negro troops. You can't keep white and black troops together and you can't trust Negroes by themselves.... Use all the Negroes you can get for all purposes for which you need them but don't arm them. The day you make soldiers of them is the beginning of the end of the revolution. If slaves make good soldiers, our whole theory of slavery is wrong."488 General Beauregard, Commander of the Department of Georgia, South Carolina and Florida, wrote to a friend in July, 1863, that the arming of the slaves would lead to the atrocious consequences which have ever resulted from the employment of "a merciless servile race as soldiers."489 General Patton Anderson declared that the idea of arming the slaves was a "monstrous proposition revolting to southern sentiment, southern pride and southern honor."490

The opposite point of view was expressed by the group of southerners led by General Pat Cleburne who in a petition presented to General Joseph E. Johnson by several Confederate Officers wrote: "Will the slaves fight?—the experience of this war has been so far, that half-trained Negroes have fought as bravely as many half-trained Yankees."491 J. P. Benjamin, Secretary of State, urged that the slave would be certainly made to fight against them, if southerners failed to arm them for southern defense. He advocated also the emancipation of those who would fight; if they should fight for southern freedom. According to Benjamin, they were entitled to their own. In keeping with the necessity of increasing the army, the editor of a popular newspaper in Charleston, South Carolina, was besought to commence a discussion on this point in his paper so that "the people might learn the lesson which experience was sternly teaching."492

In a letter to President Davis, another argued that since the Negro had been used from the outset of the war to defend the South by raising provisions for the army, that the sword and musket be put in his hands, and concluding the correspondent added: "I would not make a soldier of the Negro if it could be helped, but we are reduced to this last resort."493 Sam Clayton of Georgia wrote: "The recruits should come from our Negroes, nowhere else. We should away with pride of opinion, away with false pride, and promptly take hold of all the means God has placed within our reach to help us through this struggle—a war for the right of self-government. Some people say that Negroes will not fight. I say they will fight. They fought at Ocean Pond (Olustee, Fla.), Honey Hill and other places. The enemy fights us with Negroes, and they will do very well to fight the Yankees."494

The pressure to fill the depleted ranks of the Confederate forces became greater as the war continued. It was noted above that Congress and the State legislatures had called into service all able-bodied whites between the ages of seventeen and fifty years; later the ages were extended both ways to sixteen and sixty years. Grant remarked that the Confederates had robbed "the cradle and the grave" in order to fill the armies495. Jefferson Davis began to see the futility of a hypothetical discussion as to the advisability or values in the use of Negroes as soldiers and in a letter to John Forsythe, February, 1865, stated "that all arguments as to the positive advantage or disadvantage of employing them are beside the question, which is simply one of relative advantage between having their fighting element in our ranks or in those of the enemy."496

A strong recommendation for the use of Negroes as soldiers was sent to Senator Andrew Hunter at Richmond by General Robert E. Lee, in January, 1865. "I think, therefore," said he, "we must decide whether slavery shall be extinguished by our enemies and the slaves be used against us, or use them ourselves at the risk of the effects which may be produced upon our social institutions. My own opinion is that we should employ them without delay. I believe that with proper regulations they may be made efficient soldiers. They possess the physical qualifications in a marked degree. Long habits of obedience and subordination coupled with the moral influence which in our country the white man possesses over the black, furnish an excellent foundation for that discipline which is the best guaranty of military efficiency. Our chief aim should be to secure their fidelity. There have been formidable armies composed of men having no interest in the cause for which they fought beyond their pay or the hope of plunder. But it is certain that the surest foundation upon which the fidelity of an army can rest, especially in a service which imposes hardships and privations, is the personal interest of the soldier in the issue of the contest. Such an interest we can give our Negroes by giving immediate freedom to all who enlist, and freedom at the end of the war to the families of those who discharge their duties faithfully (whether they survive or not), together with the privilege of residing at the South. To this might be added a bounty for faithful service."497 This was an influential word, coming as it did from the Commander-in-Chief of the Confederate forces. The Confederate Congress did not act immediately upon this suggestion, but even if this had been done, the measure would have been enacted too late to be of any avail.498

The Confederate Senate refused on February 7, 1865, to pass a resolution calling on the committee on military affairs to report a bill to enroll Negro soldiers. Later in the same month the Senate indefinitely postponed the measure.499 As the House and Senate met in secret session much of the debate can not be found. General Lee wrote Representative Barksdale of Mississippi another letter in which the employment of Negro soldiers was declared not only expedient but necessary. He reiterated his opinion that they would make good soldiers as had been shown in their employment in the Union armies.500 With recommendations from General Lee and Governor Smith of Virginia, and with the approval of President Davis an act was passed by the Congress, March 13, 1865, enrolling slaves in the Confederate army.501 Each State was to furnish a quota of the total 300,000.502 The Preamble of the act reads as follows:

"An Act to increase the Military Force of the Confederate States: The Congress of the Confederate States of America so enact, that, in order to provide additional forces to repel invasion, maintain the rightful possession of the Confederate States, secure their independence and preserve their institution, the President be, and he is hereby authorized to ask for and accept from the owners of slaves, the services of such number of able-bodied Negro men as he may deem expedient, for and during the war, to perform military service in whatever capacity he may direct...." The language used in other sections of the act seems to imply also that volunteering made one a freedman.503

After the passage of the measure by the Confederate Congress, General Lee coöperated in every way with the War Department in facilitating the recruiting of Negro troops.504 Recruiting officers were appointed in each State. Lieutenant John L. Cowardin, Adjutant, 19th Batallion, Virginia Artillery was ordered to proceed on April 1, 1865, to recruiting Negro troops according to the act. On March 30, 1865, Captain Edward Bostick was ordered to raise four companies in South Carolina. Others were ordered to raise companies in Alabama, Florida, and Virginia.505 Lee and Johnson, however, surrendered before this plan could be carried out. If the Confederate Congress could have accepted the recommendation in the fall of 1864, the war might have been prolonged a few months, to say the least, by the use of the Negro troops. It was the opinion of President Davis, on learning of the passage of the act, that not so much was accomplished as would have been, if the act had been passed earlier so that during the winter the slaves could have been drilled and made ready for the spring campaign of 1865.

Under the guidance of the local authorities, thousands of Negroes were enlisted in the State Militias and in the Confederate Army. They served with satisfaction, but there is no evidence that they took part in any important battles. The Confederate Government at first could not bring itself to acknowledge the right or the ability of the man who had been a slave to serve with the white man as a soldier. Necessity forced the acceptance of the Negro as a soldier. In spite of the long years of controversy with its arguments of racial inferiority,506 out of the muddle of fact and fancy came the deliberate decision to employ Negro troops. This act, in itself, as a historical fact, refuted the former theories of southern statesmen. The Negro was thus a factor in both the Union and Confederate armies in the War of the Rebellion. These facts lead to the conclusion that the Negro is an American not only because he lives in America, but because his life is closely connected with every important movement in American history.

Charles H. Wesley.

THE LEGAL STATUS OF FREE NEGROES AND SLAVES IN TENNESSEE

In 1790, the free colored population of Tennessee was 361, while the slave numbered 3,417.507 In 1787, three years previous, Davidson County, which then, as now, comprised the most important and thickly settled part of the Cumberland Valley, had a population of 105 Negroes between the ages of 1 and 60.508 Nashville was just a rough community in the wilderness with a few settlers from the older districts of the East, living in several hewed and framed log-houses and twenty or more rough cabins. The census of 1790 gives Davidson County 677 Negroes, a figure which compared with the 3,778 Negroes in the entire State at that enumeration, means that this frontier region had already grown important enough to draw to it nearly one-fifth of the Negro population of the commonwealth. In 1800, there were in the State 13,893 Negroes, of whom 3,104, or nearly one fourth, were in Davidson County. Thereafter, although the ratio between the county and State did not increase in favor of the county, still it kept up so that by 1850 Davidson had the largest Negro population of any county in the State. During the decade 1850-60 Shelby County, containing the important center, Memphis, gained the ascendency in number of Negro inhabitants, which it has since that time maintained. The likely cause of this shifting was the steady growth of cotton-raising districts and their rapid expansion toward the West and South. A general intimidation of the Negroes of Nashville and vicinity occurred in 1856, probably having some influence on the decline of population for that period in question. This cause, however, is not sufficient to explain the constant superiority of numbers in the Southwestern Tennessee region thereafter.

As slavery expanded from this small territory into all parts of the State, the attitude of the people of the Commonwealth with respect to the nation and slavery at various times may be shown. After Tennessee had been ceded to the United States in 1790 by North Carolina, she had a most unusual method of throwing off her territorial government for nearly three months in 1796, and existed in absolute independence for that period before being admitted into statehood by the Federal Government.509 Nevertheless in the period of the Civil War this State was the last to secede and the first to comply with the terms of readmission. With respect to slavery the early attitude of Tennessee toward the national government was peculiar. The cession act of North Carolina provided: "That no regulation made or to be made by Congress shall tend to emancipate slaves."510 Probably because of this fact Lincoln did not mention Tennessee in the Emancipation Proclamation.

Yet Tennessee did have a strong anti-slavery sentiment, beginning with the outspoken protest of some of the King's Mountain heroes, also expressing itself in the work of many petitioners to the State legislature in the period 1800-1820. Then in 1834, in the State constitutional convention of that year, the anti-slavery feeling developed to proportions little appreciable at the present day, since we know the general opposition to such feeling and sentiment. Any antagonism to a so strongly fixed social convention then meant unusual courage in the midst of a majority of persons of adverse opinion.

The burning question of human rights for the black inhabitants of the State still became more ardent as the years passed, and the signs of its greater intensity were clearly seen in the Anti-Slavery Convention which met in London in 1843. The chronicle of proceedings contains a speech of Joshua Leavitt of Boston, who made the interesting statement that "The people of East Tennessee, a race of hardy mountaineers, find their interests so little regarded by the dominant slave-holders of other parts of the state that they are taking measures to become a separate state. They are holding anti-slavery meetings, and meetings of political associations with great freedom, discussing their questions, rousing up the people and showing how slavery curses them, in order to bring them to the point of action."511 At this time it was well known that both Tennessee and Kentucky were "exporting slaves largely."512

In 1820, Elihu Embree,513 at Jonesboro, Tennessee, the county seat of Washington County, in the far eastern section, began to publish The Emancipator, an abolition journal. Later, there came from this same county a man who easily became the leader of anti-slavery sentiment in the Constitutional Convention of 1834 at Nashville, Matthew Stephenson. It may have been that as a young man Stephenson was fired with the zeal of Embree. The period of Embree's activity was also one of large interest in the North and South in behalf of emancipation. In this same year the Missouri Compromise was passed in the national legislature. The concessions made both by pro-slavery and anti-slavery adherents at this time show the relative strength of the two forces and the remarkable fact is that there could be such near-equality of fighting strength on both sides.514 Tennessee seems to have had an epitome of this national situation within her borders. Not only the zealous work of Embree indicates this, but the general feeling of the people of eastern Tennessee toward slavery. It is interesting here to point out that The Emancipator was the first abolition journal in the United States.515

The outcome of this anti-slavery feeling in Tennessee was that when the State Constitutional Convention met at Nashville in 1834 to consider important changes in the Constitution of 1796, there was such an outburst of sentiment against slavery that it was only with considerable resistance of the pro-slavery convention delegates that the State did not abolish it by providing for the gradual emancipation of slaves over a period of twenty years, when all should have been emancipated.516 So significant is the public opinion of that time in Tennessee history, and so well calculated to give large insight into the Negro's condition then in the State, that it will hardly be amiss in this paper to enter into a somewhat detailed discussion of the work of the convention, and the sentiments there displayed.

The legal enactments of the slave code of Tennessee prior to 1834 will give us the right perspective here. One of the earliest enactments of the commonwealth was the absolute denial to slaves of the right to own property. Property held by them, such as horses, cattle, or anything of personal value was to be sold and one half of the proceeds given to the informer, the other half to the county.517 Another law forbade the slave to go about armed unless he was the huntsman of the plantation. Small penalties were provided.518 Still another made it unlawful for slaves to sell "any article whatever without permission from owner or overseer." The penalty for breaking this law was a maximum of "39 lashes on his, her, or their bare backs."519 Many other matters were rigidly prescribed in the early statutes, chiefly concerning the slave's right to go or not to go from place to place, and to conduct himself under certain circumstances. Among slaves perjury was punished by mutilation and whipping. The brutality of the former was all the more disgusting because defended by law.520 The slaying of a black or mulatto slave, however, was actually deemed murder and made punishable with death. It has not yet been ascertained, as far as the writer knows, whether any white citizen of Tennessee was ever indicted under the provision of this law. We do have a case of a famous old slave-holder in a community not far from Nashville being tied to his gate post and severely whipped by his neighbors, because of his brutal murder of one of his slaves.521

In the early laws the "hiring of one's own time," for a slave, was expressly forbidden. This practice was that of the master's allowing a slave to purchase his time for a certain amount of money, usually paid per annum. The law forbidding it was later rather generally evaded, although we cannot be sure of the evasion during the years 1796-1834. But during the later decades of the period under discussion, especially from 1840-60, there is absolute agreement among the testimonies of ex-slaves that evasion was the rule and not the exception. Various forms of this law were later enacted, but the penalties were usually light, and it may have been this fact together with the case of evasion that caused the disregard of it to become general. An ex-slave of Wilson County explains that the usual method of evasion was the declaration of the employer of the slave that he had hired the slave from the slave's master. Sometimes the owner would pretend to keep the wages of the slave, but really was holding them at the slave's disposal. In this way numbers of slaves bought themselves.

There were other laws affecting masters in regard to their treatment of their slaves and privileges of the latter. One provided that if the slave should steal food or clothing because ill-fed or destitute of apparel, the master should pay for the stolen property.522 By the provisions of another, slaves were allowed to give testimony in trials of other slaves; the jurors, however, had to be "housekeepers" and "owners of slaves."523 The beating or abuse of a slave without sufficient cause (no indication given as to what were the limits of "sufficient cause") was an indictable offence, and the person committing a crime of this sort was liable to the same penalties as for the commission of a similar offense on the body of a white person.524