Tennessee Ancestors on the Wrong Side of the Law

State Penitentiary Records from 1831 to 1870: Convicts and Criminals

Sep 29, 2009

Every family tree has a few black sheep, but they're often hard to find. After all, most people don't advertise the fact that grandpa was a horse thief, or worse.

If you think all of your Tennessee ancestors were law-abiding citizens, the Tennessee State Library and Archives (TSLA) has indexes that just might prove you wrong. Convicted felons in Tennessee were held in county jails before 1831, when the State Penitentiary opened in Nashville. After 1831, those convicted of serious crimes punishable by long sentences were transported to the Penitentiary to serve their time.

Indexes to Inmates of the Tennessee State Penitentiary

Both of these indexes provide the name, crime, county, and age of the inmate. The more recent index, for 1851-1870, also includes race and year. If you find an ancestor in either one, you can order a photocopy of the record.

The Tennessee State Library and Archives will also search a book called Tennessee Convicts: Early Records of the State Penitentiary, 1831-1870, for you. This two-volume book, by Charles A. Sherrill and Tomye M. Sherrill, contains verbatim transcriptions of the original records. You can email TSLA to find out if there is a listing in the index. There is no charge for this service, and you will then be notified of the cost to make a copy of any record found.

You can also request a copy of all the listings for one surname. There is a $5.00 charge for this, and it includes up to ten pages. You can pay by check, money order, or credit card, but you must send your request to Tennessee State Library and Archives, Public Services, 403 Seventh Avenue North, Nashville TN 37243-0312.

If you are searching for a person who might have been in the Tennessee State Penitentiary after 1870, you have to send a written request via postal mail, as e-mail requests to search penitentiary records after 1870 will not be honored. Information required includes the name of the individual, and a five-year range in which he may have been incarcerated.

Index to Acts of Tennessee 1796-1850

This index includes all sorts of references to people, only a few of which concern criminal offenses. You will find people associated with the chartering of schools, repairing of roads, regulating banks, or transporting felons, as well as those charged with murder or other major crimes. This index provides first and last names, date, serial number, chapter and section of the Act, and a brief description of its contents. Although the Acts were passed by the Tennessee Legislature, only the names within the Acts are indexed, not the names of the legislators. The first 50 volumes of the published Acts, covering the years 1796 to 1850, are indexed.

You can obtain a copy of an Act from TSLA by placing a request and paying a $5.00 fee. You can order up to three Acts at one time (up to ten pages) for this charge. Payment can be made via check, money order, or credit card, mailed to theTennessee State Library and Archives, Public Services Department, 403 Seventh Avenue North, Nashville TN 37243-0312

In addition to the Acts, TSLA also holds many of the original petitions that resulted in the Acts passed by the legislature. You may request a search of the petition index by mail or email.

If you have Tennessee ancestors, it’s worthwhile to consult these indexes. While all your ancestors may have been upright pillars of the community, a good genealogist doesn’t make assumptions. The willingness to explore all sorts of sources, no matter how unlikely they might seem, can make a big difference in the overall success of your ancestor quest.

The copyright of the article Tennessee Ancestors on the Wrong Side of the Law in Genealogy is owned by Katharine Garstka. Permission to republish Tennessee Ancestors on the Wrong Side of the Law in print or online must be granted by the author in writing.