Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-11-17

OF the assessed value Of such slave to the clerk
of suoh court who shall psy the same to 70 trustee
al the county for the use of comnon schools aud
academies within the same and all the rig hts, du-
ties aud liabilities, sPpertaining to the chosen own
err Of a free person Of colcr usdsr the sections OF
the Code above mentioned, shall apply to and be
binding upon such master or eWner selected by the
Ssncuox L. Be Il further enacted. That if any
slave. who may be entitled with other slaves under
tue same will, deed providence Of emancipation, 10
his or her freedom shall ole in this State or his
or her way to the Western coast Of Africa, or shall
elect or pc forced to remain in slavery as above
provided, being entitled to interest or share in
any money, property effects with other slaves his
or ner interest SHARE shall inure TO the benefit Of
and belong to such one more Of the other slaves
rs may be transported to the Western coast Of At
RIGA; aud if all the slaves hus interested in any
money, property or Effects shall die or remain in
slavery as aforesaid, said money property effects
snail revert TO the last owner if living and if dead,
it SHALL descend to and be distributed among the
heirs Law Of such owner the estates Of intes-
tates desceud and sre distributed
| SECTION 8. Be II further enG-ted That all laws
and parts Of laws IN force in this State, whieh
authorizes any court or other tribunal TO give or
| grant permission or license to any emsncIpaied
slave free person of color 10 reside remain IN
this State as free person Of col0r be and the same
are hereby repealed.
SECTION g. Bet further enacted That all free per-
sons Of color who ere now lawful residing IL this
Stale under permission license regularly given
or granted by sumo County Court having authority
10 do 80, may continue to reside here on the terms
and conditions upon which the permission or license
TO remain 10 the State was given or granted pro7id-
ed nothing herein contaipeI shall De 60 construed
| as 10 deprive any C1unty Court of the right aud
power 10 revoke or snoul at any time any permis-
sion license it may have given granted or may
4 II Of Il
| SECTION T. 0e 81 further enacted, That all free
persons Of color who shall fail 10 comply with tae
terms and conditions upon which their permission
| or license to remain in the State was gwen or
| granted, or whose permission or license to remain
| IN the State shall be reVok or annulleG as above
provided, shall be deemed and held to be in this STATE
| without lawful authority, and if they remain in
this S ate for than Two days afterwards unless
detained by sickness unavoidable accident shall
be guilty OF felony, and upon conviction thereof
| shall be confined in the pententsry for period OF
not less than year nor more than Eve years
SECTION s. Be IL further enacted, That all free
persons Of color who may be in this State without
permission license to remsia ct the time this act
takes effect uOless detained By sickness or unAvoid-
cole accident shall be guilty Of felony and upon
conviction thereof shall be confined in the penItsn-
tiary for period OF not less than one year nor
more than five years.
SECTION .. Be a further enacted, ThSt no free
person Of color living in another State shall come
into this State under any pretext Whatever, except
as hereinafter provided and if any free person Of
color shall violate this section. he shall be guilty Of
q felony, and upon conviction thereof shall be Goa
! fned in the penitentary for period of not less
than tEc years nor than eight years; Provided
that any free person Of color may come into this
State in the sctual employment of any of the Off
GERS or owners of steamboat or other water-crAfI
and may remain so long IS sach boat or Water-crsf
remsias not to exceed two weeks ct any one time,
unless detained by sickness unavoidable accident
and in all such the owners and oilceTs atore-
said shall be responsible in damages for the good
behavior Of such free person Of color.
Section 10. Be IL further enacted That If any free
person of color who may be punished for either one
Of the offences namsd in the foregoing sections,
shall remain in this State for longer period than
twenty days from the termination Of his her con
nement in the peuitentiary, unless detained by SICK
ness unavoidable accident such free person Of color
shall be taken before some justice of the peace and
proof OF thsss facts, such justice Of the peace
shall commit the offender to the jail Of the county
where found, until the next ensuing term Of the
Circuit Court Of said county at which time 1t shall
be the duty OF the Circuit Judge to empsnel jury
to try the accused and If found guilty Of violation
Of this section, he or she shall be ordered to be sold
into slavery by the sheriff of the county at public
auction, and decree, vesting title in the pureha
SER shall be rendered in said court at the next term
after such SALE snd after paying the Attorney Gen
/ eral fee of twenty dollars and all other costs ID
the CASE the sheriff shall pay one third o. tae pro-
ceeds of the sale 10 the informeTor prosecutor, and
| the other tEo-ihfds to the trustee of the county
| for the use of common schools and academies with
| in the came.
Section H. Be further enacted, That it is here
| by msde the duty Of the lges Of Circuit and
Criminal Courts in this State to give this act In
ch srge to the grand jury and the grand jury may
send for witnesses whenever they or any of them
suspect violation Of any of the provisions Of thii
/ act.
Section IL Be IL further enacted Tbst it is hereby
msde the official duty Of ell shers, deputy sberfs,
cOroners and oonstsbIes TO enforce this act in sl
cases arising within heir knowledge in their re-
specive counties by arrss'i1g and prosecuting all
free parsons of o0lor violating the same; and to en-
able said Ulcers to discharge this duty fully, it is
hereby made the duty Of the clerks of the different
County Courts in this State, within one month after
tais act takes effect to furnish the sheriff. deputy
sheriff. coroner and coDstsbes in their respective
counties with full and complete lst Of the names
of tae free pers1ns Of color who entitled to re-
In in in this State under the permission o. license
granted by the County Court Of which he is clerk;
and If any County Court clerk sheriff. deputy shsr-
it. coroner or constable shall fail or refuse to per-
form any duty required of him in this section, he
shall be guilty Of g nisdemesnor, and convic-
ou shall be fued not less than ten dollars nor
than fifty dollars.
SeCl0n
white person. or free person of color who is entitled
to remsin in this state, shall bring or cause to be
brought into this State any free person Of color,
under pretence that such free per5On Of color is
slave or shall keep retain, Gauge 70 be kept
retained Iuder any such pretenGe, any free person
of color this State who is not entitled to remain
such whit person free person Of color Offend
ing, shall be guilty Of high misdemssnor, and on
conviction shall be fled in not less than one hun
dred dollars aud not more than five hundred dollars
and imprisoned in the county Jail not less thsG ten
days nor more than i've mon hs in discretion Of
the court having oognilauce thereof
SEcTIoS IA Be ii fErtksT gasted, That nothing
in this act shal be construed as to prevent the
County Courts Of the different counties in this State
from renewing from time the PERMISSION or license
remain in this Stats in favor 81 free persona Of color
who may be entitled to sloa permission or license
ct the time this act goes into effect nor shall any
thing in this act be so construed as to require the
children under the age Of tWenty-ons years Of age
of free persons Of color who Dsy be entitled to re-
main in this State born after the date of the pefms
sion or license to the parent, to remove from this
State; Provided the parent will give bond and good
security in the penal sum of I'VE hundred dollars,
payable to the State, conditioned that said children
and each one Of them, shall keep the peace aud
have good behavior towards all the people of the
State, and not become chArgsble to any county in
this State.
SRcrIoN Is. Be il enacted, That this act shall
take effect and be in force from and after the first
day of April, 1860.
The bill was then adopted in lieu Of the original
and
On motion Of Mr.. BRADFORD, the further con-
sideraticn of the bill made tia special order for
Thursday, the lst Of December, and it was order
ed that two hundred copies Of the bill be printed
for the use Of the Senate
No. 44-Directory to county shool commission
srs.
Mr.. HILDRETH offered bill in lieu, to rsgu-
ate the qualifications of school teachers, which 1
was adopted l.
Mr.. LANE proposed . amend the bill by striking
,ut the word "Wilfully" occurring in the third sec
ion, upon which Ii
MIR. sTOKELY demanded the syes and noes,
Thch we're taken and resulted ayes IL, noes 9, as
olloWsI II
AVes-Messrs. Allen, Boyd, Bradford, Bumpass,
idnter. johnson, Lane, ickley, Minnis, McClsL
al, McNei!y, Nash, Peters, Richardson, stnsos, |
stokes, Thompson, Wood and Speaker Newman -D. i
Noes-Mcssrs. Hildreth, StOkely and StOvAl % [
So the amendment was adopted.
The question then recurring upon the ssss e of
he bill as amended, it passed, ayes 20 noes AS
ollows:
Ayes-Messrs Allen, Boyd, Bedford, BEnpass, e
Iildreth, Hunter, johnson, Lane, Mickey Clel- t
an, AcNeilly, Nash, Peters, Richardson, St'nton,
tokss, StOkeiey, Thompson, Wood AID 5. 'esker G
Iswman--20. 8
Noes-Msssrs MINIS aud Stoval