Tennessee Convention Bans Slavery after ‘Spicy Debate’

On Jan. 13, 1865, Military Governor Andrew Johnson of Tennessee (who became Lincoln’s vice president on March 4) sent a message to President Lincoln announcing that a state convention of more than 500 delegates had adopted an amendment to the state constitution forever abolishing slavery in Tennessee. Johnson remarked in his message: “Thank God that the tyrant’s rod has been broken.”

The 500 delegates passed the following two amendments “without a single dissenting voice”:

Sec. 1. That Slavery, and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are hereby forever abolished and prohibited throughout the State.
Sec. 2. The Legislature shall make no law recognizing the right of property in man.

The amendments became law on Feb. 22 when approved by a vote of the state’s citizens.

The convention had actually been called to plan a constitutional convention for later in the year, but the delegates became so enthused for a constitutional amendment banning slavery that they decided to take action immediately, and the amendment passed unanimously. A reporter from the New York Tribune closely followed proceedings during the convention and wrote about the enthusiasm he witnessed, especially some of the heated rhetoric during the “interesting and spicy debate” about the rights of citizenship for persons of color, especially suffrage.

This article was printed by the New York Tribune (New York, New York) on the front page of its Jan. 24, 1865, issue:

The Tennessee State Convention

Special Correspondence of The N.Y. Tribune.
Nashville, Jan. 16, 1865.

Tennessee has been the theater of most extraordinary operations and transformations, civil and military, during the last few weeks. A little over a month ago Hood’s invading, vaunting army settled down before Nashville, quietly bent on taking the city, and, immediately afterward, of bringing the State fully under Rebel control. Today, armed Rebellion is completely expelled from Tennessee, while Slavery, the primary cause of the Rebellion, and the hitherto bane and curse of the State, is, practically, abolished forever. This is glory enough for one month, and is surely the harbinger of an era of prosperity and progressive development for this and future generations.

Slavery has still a nominal existence until the 22d of February next [when the constitutional amendment was scheduled for a vote by the state’s citizens—ed.], but the Convention just closed was so sure of having killed the accursed thing that it read the funeral services of the institution amidst the clapping of hands and the wildest manifestations of enthusiasm. East Tennesseeans—a name synonymous with the most unflinching loyalty—went into raptures over the auspicious event, and excitedly went about the hall, greeting each other, and acting something after the fashion of a Methodist camp-meeting when the excitement and enthusiasm would be at the highest. It was no wonder. Slavery, the bone of contention wherever it has raised its accursed head, was especially so in Tennessee, where, from this cause alone, efforts have frequently been made looking to legislative enactment for separating East from Middle and West Tennessee, and forming it into a separate State. Now that the curse is removed, a sure basis is established for future harmony and cooperation throughout the length and breadth of the State.

The Convention met as a primary, advisory body, to take incipient measures, preliminary to a formally called Convention, which would meet with special reference to amending the Constitution of the State and forever abolishing Slavery. This was the general understanding, I know, when the Convention met. Afterward, when the hall became filled with delegates from all parts of the State, the question was gravely asked and discussed: Why not save time and expense by doing the work now, and afterward referring it to the people for popular ratification, and not defer the matter to another Convention? Before these views were elicited, I was under the impression that Parson Brownlow and Horace Maynard were in favor of calling a Constitutional Convention, but it was soon apparent they were for immediate action, to be submitted to the people for their approval or rejection. Gov. Johnson, also, who addressed the Convention, gave the strength of his influence on the same side, and urged prompt measures toward putting the State on a free and loyal basis. Members were wheeling into line, for and against; in the meantime, angry and heated discussions on this and other questions were warmly kept up. It must be borne in mind forever that every man in the Convention was warmly in favor of amending the Constitution and abolishing Slavery; but there were honest differences of opinion as to the mode of accomplishing those ends.

On the fifth day, the Business Committee submitted their report, which took strong ground for present action, and offering amendments, section by section, to the Constitution, to be immediately acted upon. A minority report was also submitted, favoring a Convention to meet at an early day, and deferring constitutional amendments until then. On a direct test vote, it was decided by a majority of fifty that the propositions embraced in the majority report should be acted upon seriatim. The opposition, when it was at last decided that present action was to be the order of the day, gracefully ceased any further remonstrance, and voted with hearty good will.

The first and second sections of the proposed amendments were as follows, and passed without a single dissenting voice:

Sec. 1. That Slavery, and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are hereby forever abolished and prohibited throughout the State.

Sec. 2. The Legislature shall make no law recognizing the right of property in man.

Thus Tennessee takes her place among the sisterhood of Free States, forever free from the foul blot of human Slavery.

The other sections were of a secondary nature, and were all passed.

An interesting and spicy debate sprung up on a supplementary amendment, offered by a Member from Middle Tennessee, to the effect that persons of Indian and African descent, to the third generation, be prevented from exercising any of the rights of citizenship. Mr. Maynard, who, by the way, was one of the solid men of the Convention, opposed it, and urged that it should be left discretionary with the coming Legislature to regulate the right of suffrage. He said that perhaps he was not exactly the right man to speak upon that subject, for he voted against the arming of negroes; but when he went out in the suburbs a short time since, and saw them lying side by side with Rebels, dead, wounded, shot in the head—for him he could not see much difference in color. Mr. James R. Hood, of Chattanooga, who has done, perhaps, as much as any man in Tennessee—Brownlow excepted—to foster and encourage loyalty to the old Government, took the most advanced ground of any man in the Convention, and came out squarely for negro suffrage. He spoke feelingly on the subject, having been through the whole of the present campaign, and witnessing daily the glorious achievements of the colored soldiers under Steedman. There was a tumult of excitement and opposition as he essayed to advocate his views, but silence having been restored, he was allowed to proceed. His remarks smack strangely of progress and reform, coming, as they do, from the Hall in the State Capitol, where a few years since the ordinance of Secession was rushed through, and where laws have been enacted grinding the negro to the very dust. Mr. Hood’s remarks are so pertinent and forcible, and withal not very long, that I give them in full. He said:

“If gentlemen wish to cut off discussion, let them say so. I have seen the gag law applied long enough in Tennessee, and henceforth mean to advocate what I think to be right. I declare myself opposed to disloyal white men voting and when gentlemen propose to vote disloyal whites, I propose to bring up the loyal black man to offset that vote. Let the loyal colored man counterbalance the disloyal white vote, just as the black brigades counterbalanced the Rebel brigades in front of Nashville, on the 15th and 16th of December, 1864. I never was a pro-Slavery man, for she who is now an angel in Heaven, although she was born in Georgia, taught me that Slavery was a crime against God. I believe the bloody war through which we are now passing is entailed on us as a punishment for the great crime of Slavery.

“Gentlemen tell us that the negro has not brains enough to vote right. Do not forget that he has brains enough to fight right. But you give him his liberty in return for fighting. Where did you get his liberty to give him? It never was yours to give. You robbed him of it when it was his by natural right, and then make a virtue of giving it back. You have only restored stolen property. Preachers have prostituted the pulpit by raving about and declaring Slavery a divine institution. They have been the apostles of hell, and I thank God that this can be said in the capital of Tennessee. Friends have told me I would ruin myself by taking this position. I accepted it. I was told the same thing three years ago, when I opposed the Rebellion. Time works wonders. Some say, ‘Wait—all will come right after a while.’ But it is better to plant one’s self on a right principle and defend it at the beginning. If the position will be right ten years hence, it is right now, and he is a coward who believes so and will not defend it.

“I don’t propose to vote for all the negroes. I speak only of negro soldiers, and perhaps I would not have allowed that before the battle of Nashville. But when I saw two black brigades, of Wood’s division, charge the Rebel entrenchment, and strew the ground so thickly with their bodies that one might walk upon them; when I saw white soldiers bearing off wounded [negro] soldiers from the field, I thought that he who could fight so well would be a safe custodian of the ballot box.”

Mr. Hood, in his enthusiasm for negro soldiers, rather gave the cold shoulder to negro civilians, but, to use one of his own expressions, with him “time will work wonders.”

The amendment of the gentleman from Middle Tennessee was tabled, leaving it discretionary with the Legislature to control the question of both white and negro suffrage. Toward the close of the Convention the petty squabbles and acrimonious feeling, which had marred the earlier proceedings, had all given away, and a genial spirit and kindly, brotherly feeling prevailed all around, arising from a common consciousness of having accomplished a grand and noble work.

Mr. Brownlow was nominated by acclamation for Governor, an honor which he cheerfully accepted, promising that he would prove by deeds and acts his thanks, and use his best endeavors for the regeneration and welfare of the State.

The amendments to the [state] Constitution will be voted on throughout the State on the 22d of February next, and there is not the slightest doubt that they will be ratified by an overwhelming majority. On the 4th of March the election for Governor and members of the Legislature takes place, and on the first Monday in April the Legislature meets in the Capitol in Nashville.

Tennessee is redeemed and disenthralled, and a more glorious future and brighter history than has yet been her lot awaits her.

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