USA > Tennessee > Hardin County > A history of Hardin County, Tennessee > Part 5
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was a city of the Mound Builders. The wall, per- haps, was erected for purposes of self-defense and the mounds for watch-towers or houses. Some think that here was the Indian town where De Soto stopped for several months while on his way to dis- cover the "Father of Waters," and that he left the wedge and pulleys, and the Indians buried them in the mound. This supposition may be true, but we have no history telling us that De Soto went as far down the Tennessee River as Savannah.
As far as we have examined the mounds in this county, we find that many of them contain char- coal in the center of their base This causes some to believe they were thrown up for places of hab- itation. Whether this be true or false, we cannot tell. Some think the bones found in these mounds were deposited by the Mound Builders. This we cannot believe, from the fact that the bones found in many of them are in too good a state of preser- vation to be contemporary with the mounds. They certainly were deposited by the present race of In- dians.
" Who were the Mound Builders ?" is a ques- tion that has not yet been answered. And scien-
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tific men have so far failed to tell us for what pur- pose these fabrics were erected. The oldest Indian cannot tell. He says they were here when he came. These ancient people have disappeared and left nothing but mounds and walls of earth for us to guess at the time of their habitation in this country.
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CHAPTER XV.
CONCLUDING REVIEW.
E will now close our view of the leading incidents in the history of Hardin County. We began with the first set- tlement at the Altum Spring, in the First District, in the summer of 1861, and will now close with a view which exhibits the county in 1880, with a total population of 14,969, divided among the sixteen Civil Districts as follows: First and Second, 1,344; Third, 1,051; Fourth, 2,659; Fifth and Fourteenth, 970; Sixth, 1,373; Seventh, 570; Eighth, 970; Ninth and Tenth, 1,191; Elev- enth and Sixteenth, 1,128; Twelfth, 1,483; Thir- teenth, 1,645; Fifteenth, 585. Of the total popula- tion, 12,775 are white, the remainder colored; and 7,334 are males and 7,459 females. The average population per square mile is 24. The total num- ber of inhabitants in Savannah at this date was 993, and in Saltillo 250.
Only two of the first settlers are living at this
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date to tell the tale-one at the age of 82 and the other at the age of 70.
There are 413 persons in the county who are 60 years old and over, and two over 100 years.
The scholastic population of the county in 1883 was 6,247. Of this number 5,419 are whites and 828 are colored. During this year (1883) certifi- cates of qualification were issued to 78 white teachers and 19 colored teachers. In 1840 the total white population was 7,910; in 1850 it was 9,040; in 1860 it was 9,600, and in 1880 it was 12,775. The colored population in 1840 was 330; in 1850, 1,288; in 1860, 1,650; and in 1880, 2,018.
The census report for 1880 shows that in the year 1879 there were 72,446 acres of land culti- vated in the county; and of this number, 12,859 acres were in cotton, which yielded 5,345 bales; and 30,909 acres in corn, which yielded 799,739 bushels; and 3,387 acres in oats, which yielded 35,620 bushels; and 5,445 acres in wheat, which yielded 29,248 bushels. By comparing the above with the report of the county in 1850, we find quite. an increase in the amount of produce raised in the county then and in 1879.
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Let us now notice the improvement made in two of the largest towns since they were founded. The town of Savannah has a different appearance to what it did in 1821. Instead of gum-pole cabins, we see many fine buildings. This town has ten retail stores, two drug-stores, two hotels- the East Hotel, near the public square, and the Kendal House, near the river, which was built by John Kendal, a son of the first hotel-keeper in the county. Instead of the gam-log court-house of 1832, we see a ten-thousand-dollar brick building ; and in the eastern part of town is the Female Col- lege, a commodious brick building.
When we return to Saltillo we find it has risen to a beautiful little town of nearly three hundred inhabitants, and has several nice buildings. We see a large framed Male and Female Academy, one hotel, Masonic Hall, Presbyterian Church, one drug-store, and eight retail dry.goods houses. More cotton and staves are shipped annually from Saltillo than from any town in the county.
Several villages have appeared in the last few years, such as Walnut Grove, in the southern part; Loweryville, on Horse Creek; Olive Hill, on In-
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dian Creek; Shilohville, in the southern part; New Town, a mile east of Savannah, containing a population of several hundred colored people; and Sibley, in the Twelfth District, is another negro town. In each of the colored villages a regular school is kept up during the year, and well-trained teachers are employed. As a general thing, the colored people all over the county are making rapid progress in education.
Kind reader, you have now seen how the cane- brakes disappeared; how the wild hunting- grounds of the savage have been changed into fields of profit in the space of sixty-nine years by the hand of civilized man. You have seen our county for forty-five years rise to the eve of great prosperity, then suddenly convulsed by a mighty Rebellion that spread desolation far and wide and stained the fields with blood; and we have seen the county struggling upward from that war for twenty years, which brings us to the present time.
Now we must close our History of Hardin County. Hoping that the progress made in the future may be as great as in the past, we bid you a kind good-by.
APPENDIX.
CONSTITUTION OF THE STATE OF TENNESSEE.
WE, the Delegates and Representatives of the people of the State of Tennessee, duly elected, and in Convention assembled, in pursuance of the act of Assembly, have ordained and estab- lished the following Constitution and form of government for this State, which we recommend to the people of Tennessee for their ratification : that is to say-
ARTICLE I.
DECLARATION OF RIGHTS.
SECTION 1. That all power is inherent in the people, and all free governments are founded on their authority, and insti- tuted for their peace, safety, and happiness; for the advance- ment of those ends they have, at all times, an unalienable and indefeasible, right to alter, reform, or abolish the government in such manner as they may think proper.
SEC. 2. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any minister, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishment or mode of worship.
SEc. 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this State.
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CONSTITUTION OF TENNESSEE.
SEC. 5. That elections shall be free and equal, and the right of suffrage, as hereinafter declared, shall never be denied to any person entitled thereto, except upon a conviction by a jury of some infamous crime, previously ascertained and de- clared by law, and judgment thereon by a court of compe- tent jurisdiction.
SEC. 6. That the right of trial by jury shall remain invio- late, and no religious or political test shall ever be required as a qualification for jurors.
SEC. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evi- dence of the fact committed, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
SEC. 8. That no man shall be taken or imprisoned, or dis- seized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
SEC. 9. That in all criminal prosecutions, the accused bath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor ; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county in which the crime shall have been committed, and shall not be compelled to give evidence against himself.
SEC. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb.
SEC. 11. That laws made for the punishment of acts com- mitted previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore no ex post facto law shall be made.
SEC. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.
SEC. 13. That no. person arrested and confined in jail shall be treated with unnecessary rigor.
SEC. 14. That no person shall be put to answer any criminal "charge but by presentment, indictment, or impeachment.
SEC. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great. And the privileges of the writ of- habeas corpus shall not be suspended, unless when, in case of
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rebellion or invasion, the General Assembly shall declare the public safety requires it.
SEC. 16. That excessive bail shall not be required, nor ex- cessive fines imposed, nor cruel and unusual punishments in- flicted.
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SEC. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner and in such courts as the Legislature may by law direct.
SEC. 18. The Legislature shall pass no law authorizing im- prisonment for debt in civil cases.
SEC. 19. That the printing presses shall be free to every per- son to examine tlie proceedings of the Legislature, or of any branch or officer of the government; and no law shall ever be made to restrain the right thereof. The free communica- tion of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indict- ments for libel the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
SEC. 20. That no retrospective law, or law impairing the ob- ligation of contracts, shall be made.
SEO: 21. That no man's particular services shall be demanded, or property taken or applied to public use, without the con- sent of his representatives, or without just compensation be- ing made therefor.
SEC. 22. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.
SEC. 23. That the citizens have a right in a peaceable man- ner to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.
SEC. 24. That the sure and certain defense of a free people is a well-regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will ad- mit; and that in all cases the military shall be kept in strict subordination to the civil authority.
SEc. 25. That no citizen of this State, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial or military law. That martial law, in the sense of the unre- stricted power of military officers or others, to dispose of the
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persons, liberties, or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this State.
SEC. 26. That the citizens of this State have a right to keep and to bear arms for their common defense. But the Legis- lature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
SEC. 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner prescribed by law.
SEC. 28. That no citizen of this State shall be compelled. to bear arms, provided he will pay an equivalent, to be ascer- tained by law.
SEC. 29. That an equal participation in the free navigation of the Mississippi is one of the inherent rights of the citizens of this State; it cannot, therefore, be conceded to any prince, potentate, power, person, or persons, whatever.
SEC. 30. That no hereditary emoluments, privileges, or hon- ors, shall be granted or conferred in this State.
SEC. 31. That the limits and boundaries of this State shall be ascertained, it is declared they are as hereafter mentioned, that is to say : Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of said mountain to the place where the Watauga River breaks through it; thence in a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence, along the extreme height of said mountain, to the place where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the Painted Rock, on French Broad River; thence along the highest ridge of said mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of said mountain to the place where it is called Unicoi, or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America ; and that all the territory, lands, and waters, lying west of the said line, as before mentioned, and contained within the char- tered limits of the State of North Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty, and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the Articles of Confederation, the Bill of Rights, and Constitution of North Carolina, the cession act of
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said State, and the ordinance of Congress for the government of the territory north-west of the Ohio; Provided, nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil which is recognized to them by the aforesaid cession act; And provided also, that the limits and jurisdiction of this State shall extend to any other land and territory now acquired, or that may hereafter be acquired, by compact or agreement with other States or otherwise, al- though such land and territory are not included within the boundaries hereinbefore designated.
SEC. 32. That the erection of safe and comfortable prisons, and the inspection of prisons, and the humane treatment of prisoners shall be provided for.
SEC. 33. That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this State.
SEC. 34. The General Assembly shall make no law recogniz- ing the right of property in man.
ARTICLE II. DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government shall be divided into three distinct departments: The Legislative, Executive, and Judicial.
SEC. 2. No person or persons belonging to one of these de- partments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.
THE LEGISLATIVE DEPARTMENT.
SEC. 3. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people, who shall hold their offices for two years from the day of the gen- eral election.
SEC. 4. An enumeration of the qualified voters, and an ap- portionment of the Representatives in the General Assembly, shall be made in the year one thousand eight hundred and seventy-one, and within every subsequent term of ten years.
SEC. 5. The number of Representatives shall, at the several periods of making the enumeration, be apportioned among the several counties or districts, according to the number of qualified voters in each, and shall not exceed seventy-five, until the population of the State shall be one million and a half, and shall never exceed ninety-nine; Provided, that any county having two-thirds of the ratio shall be entitled to one ·member.
SEC. 6. The number of Senators shall, at the several periods of making the enumeration, be apportioned among the several
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counties or districts, according to the number of qualified electors in each, and shall not exceed one-third the number of Representatives. In apportioning the Senators among the dif- ferent counties, the fraction that may be lost by any county or counties, in the apportionment of members to the House of Representatives, shall be made up to such county or counties in the Senate as near as may be practicable. When a district is composed of two or more counties, they shall be adjoining, and no county shall be divided in forming a district. .
SEC. 7. The first election for Senators and Representatives shall be held on the second Tuesday in November, one thou- sand eight hundred and seventy; and forever thereafter elec- tions for members of the General Assembly shall be held once in two years, on the first Tuesday after the first Monday in November. Said elections shall terminate the same day ..
SEC. 8. The first session of the General Assembly shall com- mence on the first Monday in October, 1871, at which time the term of service of the members shall commence, and expire on the first Tuesday of November, 1872, at which session the Governor elected on the second Tuesday in November, 1870, shall be inaugurated; and forever thereafter the General As- sembly shall meet on the first Monday in January next ensu- ing the election, at which session thereof the Governor shall be inaugurated.
SEC. 9. No person shall be a Representative unless he shall be a citizen of the United States, of the age of twenty-one years, and shall have been a citizen of this State for three years, and a resident in the county he represents one year im- mediately preceding the election.
SEC. 10. No person shall be a Senator unless he shall be a citizen of the United States, of the age of thirty years, and shall have resided three years in this State, and one year in the county or district immediately preceding the election. No Senator or Representative shall, during the time for which he was elected; be eligible to any office or place of trust, the appointment to which is vested in the Executive or General Assembly, except to the office of trustee of a literary insti- tution.
SEC. 11. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments from day to day. Not less than two-thirds of all the members to which each House shall be entitled shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.
SEC. 12. Each House may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not
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a second time for the same offense; and shall have all other powers necessary for a branch of the Legislature of a free State.
SEC. 13. Senators and Representatives shall, in all cases ex- cept treason, felony, or breach of the peace, be privileged from arrest during the session of the General Assembly, and in go- ing to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
SEC. 14. Each House may punish by imprisonment, during its session, any person not a member who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in its presence.
SEC. 15. When vacancies happen in either House, the Gov- ernor 'for the time being shall issue writs of election to fill such vacancies.
SEC. 16. Neither House shall, during its session, adjourn without the consent of the other, for more than three days, nor to any other place than that in which the two Houses shall be sitting.
SEC. 17. Bills may originate in either House, but may be - amended, altered, or rejected by the other. No bill shall be- come a law which embraces more than one subject-that sub- ject to be expressed in the title. All acts which repeal, revive, or amend former laws, shall recite in their caption or other- wise, the title or substance of the law repealed, revived, or amended.
SEC. 18. Every bill shall be read once on three different days, and be passed each time in the House where it originated, before transmission to the other. No bill shall become a law until it shall have been read and passed on three different days in each House, and shall have received on its final pas- sage, in each House, the assent of a majority of all the mem- bers to which that House shall be entitled under this Consti- tution; and shall have been signed by the respective Speakers in open session-the fact of such signing to be noted on the Journal; and shall have received the approval of the Gov- ernor, or shall have been otherwise passed under the provis- ions of this Constitution.
SEC. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session.
SEC. 20. The style of the laws of the State shall be, " Be it . enacted by the General Assembly of the State of Tennessee." No law of a general nature shall take effect until forty days after its passage, unless the same or the caption thereof shall state that the public welfare requires that it should take effect sooner.
SEC. 21. Each House shall keep a journal of its proceedings, and publish it, except such parts as the welfare of the State
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may require to be kept secret; the ayes and noes shall be taken in each House upon the final passage of every bill of a general character, and bills making appropriations of public. moneys; and the ayes and noes of the members on any ques- tion shall, at the request of any five of them, be entered on the journal.
SEC. 22: The doors of each House and of Committees of the Whole shall be kept open, unless when the business shall be such as ought to be kept secret.
SEC. 23. The sum of four dollars per day, and four dollars for every twenty-five miles traveling to and from the seat of government, shall be allowed to the members of each General Assembly elected after the ratification of this Constitution, as a compensation for their services. But no member shall be paid for more than seventy-five days of a regular session, or for more than twenty days of any extra or called session; or- for any day when absent from his seat in the Legislature, un- less physically unable to attend. The Senators when sitting as a court of impeachment shall receive four dollars per day of actual attendance.
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