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Thursday, January 9, 2020

January 9, 1865 Black Soldiers Demanding Rights Under New Constitution

On January 9, 1865, just weeks after the decisive federal victory at the Battle of Nashville, an all-white convention of Tennessee Unionists met in the city to write a new constitution. The adoption of the constitution would ultimately restore the state government that had been dissolved under military control during the War and legally abolish slavery in the state. 

Proceedings of the Liberty and union convention, Liberty and union convention, Nashville, Tenn. [from old catalog]
Three Williamson Countians were delegates to the Convention: A. W. Moss, William P. Campbell and Frank Hardeman. 

Representatives to the Convention from Williamson County. 
Tennessee’s African-American population was not willing to be left out of the debate, however. On the day of the convention, a group of 59 black Nashvile residents signed a letter outlining their concerns to the convention.

Not surprisingly, their first demand was that the convention explicitly end slavery in the state. However, they also demanded 
basic citizenship rights, especially suffrage (the right to vote). In part, they based their right to suffrage on the service provided by the 200,000 black men as soldiers in the US Colored Troops - such as the more than 300 men from Williamson County. 

Below is the text of the letter in full:

To the Union Convention of Tennessee Assembled in the Capitol at Nashville, January 9th, 1865:

We the undersigned petitioners, American citizens of African descent, natives and residents of Tennessee, and devoted friends of the great National cause, do most respectfully ask a patient hearing of your honorable body in regard to matters deeply affecting the future condition of our unfortunate and long suffering race.

First of all, however, we would say that words are too weak to tell how profoundly grateful we are to the Federal Government for the good work of freedom which it is gradually carrying forward; and for the Emancipation Proclamation which has set free all the slaves in some of the rebellious States, as well as many of the slaves in Tennessee.

After two hundred years of bondage and suffering a returning sense of justice has awakened the great body of the American people to make amends for the unprovoked wrongs committed against us for over two hundred years.

Your petitioners would ask you to complete the work begun by the nation at large, and abolish the last vestige of slavery by the express words of your organic law.

Many masters in Tennessee whose slaves have left them, will certainly make every effort to bring them back to bondage after the reorganization of the State government, unless slavery be expressly abolished by the Constitution.

We hold that freedom is the natural right of all men, which they themselves have no more right to give or barter away, than they have to sell their honor, their wives, or their children.

We claim to be men belonging to the great human family, descended from one great God, who is the common Father of all, and who bestowed on all races and tribes the priceless right of freedom. Of this right, for no offence of ours, we have long been cruelly deprived, and the common voice of the wise and good of all countries, has remonstrated against our enslavement, as one of the greatest crimes in all history.

We claim freedom, as our natural right, and ask that in harmony and co-operation with the nation at large, you should cut up by the roots the system of slavery, which is not only a wrong to us, but the source of all the evil which at present afflicts the State. For slavery, corrupt itself, corrupted nearly all, also, around it, so that it has influenced nearly all the slave States to rebel against the Federal Government, in order to set up a government of pirates under which slavery might be perpetrated.

In the contest between the nation and slavery, our unfortunate people have sided, by instinct, with the former. We have little fortune to devote to the national cause, for a hard fate has hitherto forced us to live in poverty, but we do devote to its success, our hopes, our toils, our whole heart, our sacred honor, and our lives. We will work, pray, live, and, if need be, die for the Union, as cheerfully as ever a white patriot died for his country. The color of our skin does not lesson in the least degree, our love either for God or for the land of our birth.

We are proud to point your honorable body to the fact, that so far as our knowledge extends, not a negro traitor has made his appearance since the begining of this wicked rebellion.

Whether freeman or slaves the colored race in this country have always looked upon the United States as the Promised Land of Universal freedom, and no earthly temptation has been strong enough to induce us to rebel against it. We love the Union by an instinct which is stronger than any argument or appeal which can be used against it. It is the attachment of a child to its parent.

Devoted as we are to the principles of justice, of love to all men, and of equal rights on which our Government is based, and which make it the hope of the world. We know the burdens of citizenship, and are ready to bear them. We know the duties of the good citizen, and are ready to perform them cheerfully, and would ask to be put in a position in which we can discharge them more effectually. We do not ask for the privilege of citizenship, wishing to shun the obligations imposed by it.

Near 200,000 of our brethren are to-day performing military duty in the ranks of the Union army. Thousands of them have already died in battle, or perished by a cruel martyrdom for the sake of the Union, and we are ready and willing to sacrifice more. But what higher order of citizen is there than the soldier? or who has a greater trust confided to his hands? If we are called on to do military duty against the rebel armies in the field, why should we be denied the privilege of voting against rebel citizens at the ballot-box? The latter is as necessary to save the Government as the former.

The colored man will vote by instinct with the Union party, just as uniformly as he fights with the Union army.

This is not a new question in Tennessee. From 1796 to 1835, a period of thirty-nine years, free colored men voted at all her elections without question. Her leading politicians and statesmen asked for and obtained the suffrages of colored voters, and were not ashamed of it. Such men as Andrew Jackson, President of the United States, Hon. Felix Grundy, John Bell, Hon. Hugh L. White, Cave Johnson, and Ephraim H. Foster, members of the United States Senate and of the Cabinet, Gen. William Carroll, Samuel Houston, Aaron V. Brown, and, in fact, all the politicians and candidates of all parties in Tennessee solicited colored free men for their votes at every election.

Nor was Tennessee alone in this respect, for the same privileges was granted to colored free men in North Carolina, to-day the most loyal of all the rebellious States, without ever producing any evil consequences.

If colored men have been faithful and true to the Government of the United States in spite of the Fugitive Slave Law, and the cruel policy often pursued toward them, will they not be more devoted to it now than ever, since it has granted them that liberty which they desired above all things? Surely, if colored men voted without harm to the State, while their brethren were in bondage, they will be much more devoted and watchful over her interests when elevated to the rank of freemen and voters. If they are good law-abiding citizens, praying for its prosperity, rejoicing in its progress, paying its taxes, fighting its battles, making its farms, mines, work-shops and commerce more productive, whey deny them the right to have a voice in the election of its rulers?

This is a democracy–a government of the people. It should aim to make every man, without regard to the color of his skin, the amount of his wealth, or the character of his religious faith, feel personally interested in its welfare. Every man who lives under the Government should feel that it is his property, his treasure, the bulwark and defence of himself and his family, his pearl of great price, which he must preserve, protect, and defend faithfully at all times, on all occasions, in every possible manner.

This is not a Democratic Government if a numerous, law-abiding, industrious, and useful class of citizens, born and bred on the soil, are to be treated as aliens and enemies, as an inferior degraded class, who must have no voice in the Government which they support, protect and defend, with all their heart, soul, mind, and body, both in peace and war.

This Government is based on the teachings of the Bible, which prescribes the same rules of action for all members of the human family, whether their complexion be white, yellow, red or black. God no where in his revealed word, makes an invidious and degrading distinction against his children, because of their color. And happy is that nation which makes the Bible its rule of action, and obeys principle, not prejudice.

Let no man oppose this doctrine because it is opposed to his old prejudices. The nation is fighting for its life, and cannot afford to be controlled by prejudice. Had prejudice prevailed instead of principle, not a single colored soldier would have been in the Union army to-day. But principle and justice triumphed, and now near 200,000 colored patriots stand under the folds of the national flag, and brave their breasts to the bullets of the rebels. As we are in the battlefield, so we swear before heaven, by all that is dear to men, to be at the ballot-box faithful and true to the Union.

The possibility that the negro suffrage proposition may shock popular prejudice at first sight, is not a conclusive argument against its wisdom and policy. No proposition ever met with more furious or general opposition than the one to enlist colored soldiers in the United States army. The opponents of the measure exclaimed on all hands that the negro was a coward; that he would not fight; that one white man, with a whip in his hand could put to flight a regiment of them; that the experiment would end in the utter rout and ruin of the Federal army. Yet the colored man has fought so well, on almost every occasion, that the rebel government is prevented, only by its fears and distrust of being able to force him to fight for slavery as well as he fights against it, from putting half a million of negroes into its ranks.

The Government has asked the colored man to fight for its preservation and gladly has he done it. It can afford to trust him with a vote as safely as it trusted him with a bayonet.

How boundless would be the love of the colored citizen, how intense and passionate his zeal and devotion to the government, how enthusiastic and how lasting would be his gratitude, if his white brethren were to take him by the hand and say, “You have been ever loyal to our government; henceforward be voters.” Again, the granting of this privilege would stimulate the colored man to greater exertion to make himself an intelligent, respected, useful citizen. His pride of character would be appealed to this way most successfully; he would send his children to school, that they might become educated and intelligent members of society. It used to be thought that ignorant negroes were the most valuable, but this belief probably originated from the fact that it is almost impossible to retain an educated, intelligent man in bondage. Certainly, if the free colored man be educated, and his morals enlightened and improved, he will be a far better member of society, and less liable to transgress its laws. It is the brutal, degraded, ignorant man who is usually the criminal.

One other matter we would urge on your honorable body. At present we can have only partial protection from the courts. The testimony of twenty of the most intelligent, honorable, colored loyalists cannot convict a white traitor of a treasonable action. A white rebel might sell powder and lead to a rebel soldier in the presence of twenty colored soldiers, and yet their evidence would be worthless so far as the courts are concerned, and the rebel would escape. A colored man may have served for years faithfully in the army, and yet his testimony in court would be rejected, while that of a white man who had served in the rebel army would be received.

If this order of things continue, our people are destined to a malignant persecution at the hands of rebels and their former rebellious masters, whose hatred they may have incurred, without precedent even in the South. Every rebel soldier or citizen whose arrest in the perpetration of crime they may have effected, every white traitor whom they may have brought to justice, will torment and persecute them and set justice at defiance, because the courts will not receive negro testimony, which will generally be the only possible testimony in such cases. A rebel may murder his former slave and defy justice, because he committed the deed in the presence of half a dozen respectable colored citizens. He may have the dwelling of his former slave burned over his head, and turn his wife and children out of doors, and defy the law, for no colored man can appear against him. Is this the fruit of freedom, and the reward of our services in the field? Was it for this that colored soldiers fell by hundreds before Nashville, fighting under the flag of the Union? Is it for this that we have guided Union officers and soldiers, when escaping from the cruel and deadly prisons of the South through forests and swamps, at the risk of our own lives, for we knew that to us detection would be death? Is it for this that we have concealed multitudes of Union refugees in caves and cane-brakes, when flying from the conscription officers and tracked by bloodhounds, and divided with them our last morsal of food? Will you declare in your revised constitution that a pardoned traitor may appear in court and his testimony be heard, but that no colored loyalist shall be believed even upon oath? If this should be so, then will our last state be worse than our first, and we can look for no relief on this side of the grave. Has not the colored man fought, bled and died for the Union, under a thousand great disadvantages and discouragements? Has his fidelity ever had a shadow of suspicion cast upon it, in any matter of responsibility confided to his hands?

There have been white traitors in multitudes in Tennessee, but where, we ask, is the black traitor? Can you forget how the colored man has fought at Fort Morgan, at Milliken's Bend, at Fort Pillow, before Petersburg, and your own city of Nashville?

When has the colored citizen, in this rebellion been tried and found wanting?

In conclusion, we would point to the fact that the States where the largest measure of justice and civil rights has been granted to the colored man, both as to suffrage and his oath in court, are among the most rich, intelligent, enlightened and prosperous. Massachusetts, illustrious for her statesmen and her commercial and manufacturing enterprises and thrift, whose noble liberality has relieved so many loyal refugees and other sufferers of Tennessee, allows her colored citizens to vote, and is ever jealous of their rights. She has never had reason to repent the day when she gave them the right of voting.

Had the southern states followed her example the present rebellion never would have desolated their borders.

Several other Northern States permit negro suffrage, nor have bad effects ever resulted from it. It may be safely affirmed that Tennessee was quite as safe and prosperous during the 39 years while she allowed negro suffrage, as she has been since she abolished it.

In this great and fearful struggle of the nation with a wicked rebellion, we are anxious to perform the full measure of our duty both as citizens and soldiers to the Union cause we consecrate ourselves, and our families, with all that we have on earth. Our souls burn with love for the great government of freedom and equal rights. Our white brethren have no cause for distrust as regards our fidelity, for neither death nor life, nor angels, nor principalities, nor powers, nor things present, nor things to come, nor height, nor depth, nor any other creature, shall be able to separate us from the love of the Union.

Praying that the great God, who is the common Father of us all, by whose help the land must be delivered from present evil, and before whom we must all stand at last to be judged by the rule of eternal justice, and not by passion and prejudice, may enlighten your minds and enable you to act with wisdom, justice, and magnanimity, we remain your faithful friends in all the perils and dangers which threaten our beloved country.

[59 signatures]

Source: Unidentified newspaper clipping of Andrew Tait et al. to the Union Convention of Tennessee, 9 Jan. 1865, enclosed in Col. R. D. Mussey to Capt. C. P. Brown, 23 Jan. 1865, Letters Received, series 925, Department of the Cumberland, U.S. Army Continental Commands, Record Group 393 Pt. 1, National Archives.
Published in The Black Military Experience, pp. 811–16, in Free at Last, pp. 497–505, and in Freedom's Soldiers, pp. 141–48.

A few days after this letter was submitted to the Convention, a resolution was passed to adopt a new Constitution. This constitution included provisions abolishing slavery in Tennessee. The new Consitution was ratified by a state-wide vote on February 22, 1865. In that vote, only "loyal", white men were allowed to vote. In Williamson County, the vote was 373-0 in favor of ratifying the new Constitution.  It is worth noting that at this time, most rebels were not at home - and would not have been eligible to vote if they were.
 Robert E. Lee did not surrender his army in Virginia until April 9, 1865, and the Army of Tennessee did not surrender until a few weeks later, on April 26th, 1865 in North Carolina. Regardless, however, the deed was done and the scourge of legal slavery was struck from the constitution of the state of Tennessee. Almost a year later, on December 6, 1865, the 13th Amendment to the U.S. Constitution was enacted abolishing slavery across the country.

Sally Gillespie: Born in Africa, Died in Williamson County, Tennessee 1787-1860

Sally Gillespie was born in Africa in 1787 and died in Williamson County in June 1860 - just one year before the Civil War - from burns.

At the time of her death, she was 74-years-old. The slave trade from Africa was outlawed in 1808 so she probably was not older than 21 when she was brought to this country as an enslaved person.

Nothing is known about Sally's early life in Africa, or how she was kidnapped and brought to America where she was sold into bondage. However, we know that by the 1820s, when Sally was in her 40s she was the property of the family of Isaac Gillespie in Williamson County, Tennessee.  They had arrived in Williamson County in the mid-1810s and may have brought Sally with them from Rowan County, North Carolina. 

In 1826, Isaac Gillespie died, and in his will, he bequeathed Sally to his wife Mary Ann McGuire Gillespie. 

A portion of Isaac Gillespie's will: "I further give and bequeath my beloved the negro woman named Sally. . .."

Isaac Gillespie's Will, 1826

Mary Ann Gillespie died in 1845, and by 1850 I believe that Sally was enslaved by the family of David Gillespie, Isaac and Mary Ann's 46-year-old son.  In the Census that year, David was enslaving one person in the 22nd District of Williamson County - a 60-year-old black female. I believe this was Sally.
1850 Slave Census - David Gillespie was enslaving a 60-year-old black female.
District 22, Williamson County, Tennessee
District 22 is in the far southeastern corner of Williamson County.  In this portion of an 1878 map of the County, you can see where David's son Robert Gillespie was living (circled in red). I believe this may be the same property where Sally was living in 1850.
A portion of 1878 Map of Williamson County
Showing District 22 where Sally Gillespie was enslaved and died
Little is known about the circumstances of Sally's death except that she died of burns on June 8th, 1860 in Williamson County. The Mortality Index noted that she was born in Africa and was 74 years old.
Portion of the 1860 Mortality Index, Williamson County, Tennessee
I believe she was still enslaved by David Gillespie's family. Several weeks later when the Slave Census was taken, it appears as though David Gillespie may have compensated for the loss of Sally's labor by hiring a 25-year-old black female from the estate of their neighbors, the Flemings.

1860 Slave Census - David Gillespie was hiring a 25-year-old black female from the Flemming estate.
Williamson County, Tennessee
No grave for Sally Gillespie has been located and it is not known if she had any children or left any descendants. Her life from Africa to America and ultimately to her death in Williamson County was an extraordinary one, worth remembering.