USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 23
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 23
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in the office usually called John Armstrong's office and located the same to any spot or piece of ground on which any other person or persons shall have previously located any entry or entries, and then, and in that case, the person or persons having made such entry or entries, or their assignee or assignees, shall have leave, and be at full liberty to remove the location of such entry or entries, to any land on which no entry has been specially located or on any vacant lands included within the limits of the lands hereby intended to be ceded: Provided, That nothing herein contained shall extend, or be construed to ex- tend, to the making good of any entry or entries, or any grant or grants heretofore de- clared void, by any act or acts of the General Assembly of this State.
Thirdly. That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina in- clusive, according to their respective and usual proportion in the general charge and ex- penditure, and shall be faithfully disposed of for that purpose and for no other use or purpose whatever.
Fourthly. That the territory so ceded shall be laid out and formed into a State or States, * containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits and advantages set forth in the ordinance of the late Congress for the government of the Western Territory of the United States; that is to say: Whenever the Congress of the United States shall cause to be officially transmitted to the executive authority of this State, an authenticated copy of the act to be passed by the Congress of the United States accepting the cession of territory made by virtue of this act under the express conditions hereby specified, the said Congress shall at the same time, assume the government of the said ceded territory, which they shall execute in a similar manner t to that which they support in the territory west of the Ohio; shall protect the inhabitants against enemies and shall never bar nor deprive them of any privileges which the people in the territory west of the Ohio enjoy: Provided always, that no regulations made or to be made by Congress shall tend to emancipate slaves.
Fifthly. That the inhabitants of the said ceded territory shall be liable to pay such sums of money as may, from taking their census, be their just proportion of the debt of the United States, and the arrears of the requisitions of Congress on this State.
Sixthly. That all persons indebted to this State residing in the territory intended to be ceded by virtue of this act shall be held and deemed liable to pay such debt or debts in the same manner, and under the same penalty or penalties, as if this act had never been passed.
Seventhly. That if the Congress of the United States do not accept the cession hereby intended to be made, in due form, and give official notice thereof to the executive of this State, within eighteen months from the passing of this act, then this act shall be of no force or effect whatsoever.
Eighthly. That the laws in force and use in the State of North Carolina, at the time of passing this act shall be, and continue, in full force within the territory hereby ceded until the same shall be repealed or otherwise altered by the Legislative authority of the said territory.
Ninthly. That the lands of non-resident proprietors within the said ceded territory shall not be taxed higher than the lands of residents.
Tenthly. That this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Big Pigeon, from entering their pre-emptions in that tract should an office be opened for that purpose under an act of the present General Assembly. And be it further enacted by the authority aforesaid, That the sovereignty and jurisdiction of this State, in and over the territory aforesaid, and all and every inhabitant
* Sce Act of Congress of June 1, 1796, post; also resolution of Congress of October 10, 1780, ante.
f The " manner" of government here referred to is fully set forth in "An Ordinance for the Government of the Territory of the United States Northwest of the River Ohio," passed July 13, 1787. The "Territory of the United States south of the River Ohio" was, for the purpose of temporary government, declared to be one district by an act of Congress approved May 26, 1790.
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thereof, shall be, and remain, the same, in all respects, until the Congress of the United States shall accept the cession to be made by virtue of this act, as if this act had never passed.
Read three times, and ratified in General Assembly the - day of December, A. D. 1789.
CHAS. JOHNSON, Sp. Sen. S. CABARRUS, Sp. H. C.
Upon the presentation of this cession act to Congress, that body passed the following act accepting the cession:
AN ACT TO ACCEPT A CESSION OF THE CLAIMS OF THE STATE OF NORTH CAROLINA TO A. CERTAIN DISTRICT OF WESTERN TERRITORY.
A deed of cession having been executed, and, in the Senate, offered for acceptance to the United States, of the claims of the State of North Carolina to a district or territory therein described, which deed is in the words following, viz .:
To all who shall see these Presents.
We, the underwritten Samuel Johnston and Benjamin Hawkins, Senators in the Con- gress of the United States of America, duly and constitutionally chosen by the Legislature of the State of North Carolina, send greeting.
WHEREAS, The General Assembly of the State of North Carolina on the - day of December, in the year of our Lord one thousand seven hundred and eighty-nine, passed an act entitled "an act for the purpose of ceding to the United States of America certain western lands therein described," in the words following, to wit:
(Here was recited the cession act of North Carolina. )
Now, therefore, know ye, That we, Samuel Johnston and Benjamin Hawkins, Sen- ators aforesaid, by virtue of the power and authority committed to us by the said act, and in the name, and for and on behalf of the said State, do, by these presents, convey, assign, transfer and set over, unto the United States of America, for the benefit of the said States, North Carolina inclusive, all right, title and claim which the said State hath to the sover- eignty and territory of the lands situated within the chartered limits of the said State, as bounded and described in the above recited act of the General Assembly, to and for the use and purposes, and on the conditions mentioned in the said act.
In witness whereof we have hereunto subscribed our names and affixed our seals in the Senate chamber at New York, this twenty-fifth day of Febru- ary, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the United States of America.
Signed, sealed and delivered in the presence of SAM. A. OTIS SAM. JOHNSTON, BENJAMIN HAWKINS.
The following act was then passed by Congress:
Be it enacted by the Senate and House of Representatives of the United States of Amer- ica in Congress assembled, That the said deed be, and the same is hereby accepted. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS,
Vice- President of the United States and President of the Senate.
Approved April the 2d, 1790.
GEORGE WASHINGTON,
President of the United States.
The cession thus being accepted and approved, Congress soon after- ward passed a law for the government of the new acquisition. This law was in the following language:
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AN ACT FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES, SOUTH OF THE RIVER OHIO.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United State of America in Congress assembled, That the territory of the United States south of the river Ohio, for the purposes of temporary government, shall be one district, the inhab- itants of which shall enjoy all the privileges, benefits and advantages, set forth in the ordinance of the late Congress for the government of the territory of the United States northwest of the river the Ohio. And the government of the said territory south of the Ohio, shall be similar to that which is now exercised in the territory northwest of the Ohio, except so far as is otherwise provided in the conditions expressed in an act of Congress of the present session entitled: "An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory."
SEC. 2. And be it further enacted, That the salaries of the officers, which the Pres- ident of the United States shall nominate, and with the advice and consent of the Senate appoint, by virtue of this act shall be the same as those, by law established of similar offi- cers in the government northwest of the river Ohio. And the powers, duties and emol- uments of a superintendent of Indian affairs for the Southern Department shall be united with those of the Governor.
Approved May 26, 1790.
Congress having thus made provision for the government of the ter- ritory, the duty devolved upon President George Washington to appoint suitable officers to carry the government of the new territory into oper- ation. As is usual in such cases, there were several gentlemen of acknowledged capacity and worth of character, who through their friends were candidates for the office of governor. Mr. Mason of Virginia was pre- sented to the President by Patrick Henry. But the representatives in the North Carolina General Assembly from Washington and Mero Districts. had frequently met in the Assembly a North Carolina gentleman, kindly and sociable in disposition, of graceful and accomplished manner, business- like in his habits, and of extensive information respecting Indian affairs, and, who in addition to these qualifications had manifested many proofs of sympathy and interest for the pioneers of the territory now needing an executive head. This gentleman was William Blount, and besides his eminent fitness for the position; there was an evident propriety in select- ing the governor from the State, by which the territory had been ceded to the United States. President Washington, recognizing the validity and force of these considerations, issued to him a commission as gov- ernor, which he received August 7. 1790. On the 10th of October follow- ing, Gov. Blount reached the scene of his new and important public duties on the frontier, and took up his residence at the house of William Cobb, near Washington Court House, in the fork of Holston and Watauga Rivers, and not far from Watauga Old Fields. Mr. Cobb was a wealthy farmer, an emigrant from North Carolina, and was no stranger to com- fort, taste nor style. He entertained elegantly, and kept horses, dogs, rifles and even traps for the comfort and amusement of his guests. Thus
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surrounded, Gov. Blount held his first court. The President had ap- pointed as judges in the Territorial Government David Campbell and Joseph Anderson. David Campbell will be remembered as having held a similar position under the State of Franklin, and subsequently under the appointment of North Carolina. Joseph Anderson had been an offi- cer in the Continental service during the Revolutionary war. Gov. Blount appointed Daniel Smith Secretary of the Territorial Government, and also the civil and military officers for the counties forming the dis- trict of Washington. The oath of office was administered to these ap- pointees by Judge Campbell. The following are the names of some of the officers: Washington County, November term, 1790-magistrates, Charles Robertson, John Campbell, Edmond Williams and John Chis- holm; clerk, James Sevier. Greene County, February term, 1791- magistrates, Joseph Hardin, John Newman, William Wilson, John Mc- Nabb and David Rankin; clerk, David Kennedy. David Allison and William Cocke were admitted to the bar. Hawkins County, December term, 1790, clerk, Richard Mitchell.
The private secretaries of the Governor were Willie Blount. his half- brother, afterward governor, and Hugh Lawson White, afterward Judge White, and candidate for the presidency of the United States. Having commissioned the necessary officers for the counties of Washington Dis- trict, Gov. Blount set out for Mero District on the 27th of November. Mero District was composed of Davidson, Sumner and Tennessee Coun- ties. Davidson County-John Donelson, justice of the peace, and Samp- son Williams was appointed sheriff, and upon the presentation of his com- mission from the governor, was appointed by the court. Sumner County: Benjamin Menees was appointed justice of the peace, his commission be- ing dated December 13, 1790, as were also George Bell, John Philips and Martin Duncan. Anthony Crutcher was appointed clerk, and James Boyd sheriff. At the April term, 1791, John Montgomery produced his commission from Gov. Blount as justice of the peace. In all the counties the Governor had appointed military officers below the rank of brigadier-general. These he was not authorized to appoint, but recom- mended for appointment Col. John Sevier for Washington District, and Col. James Robertson for Mero District. These commissions were issued in February, 1791. Following is the commission of John Don- elson :
WILLIAM BLOUNT, GOVERNOR IN AND OVER THE TERRITORY OF THE UNITED STATES OF AMERICA SOUTH OF THE RIVER OHIO.
To all who shall see these Presents, Greeting:
Know ye that I do appoint John Donelson, Esq., of the County of Davidson in the said Territory, a Justice of the Peace for the said County, and do authorize and empower
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him to execute and fulfill the duties of that office according to law, and to have and to hold the said office during his good Behavior, or during the existence of the Temporary Government of said Territory, with all the powers, authorities and privileges to the same of right appertaining.
Given under my hand and seal in the said Territory, this 15th day of December, 1790. By the Governor: WILLIAM BLOUNT.
DANIEL SMITH.
In his tour through the territory, Gov. Blount endeavored to famil- iarize himself with the condition and necessities of the inhabitants, with the view of becoming better prepared to discharge his official duties. His position was by no means a sinecure, for, besides the ordinary duties of his gubernatorial office, he was obliged to perform those pertaining to that of superintendent of Indian affairs, having been also appointed to that position on account of his long familiarity with the Indian tribes, with whom the people of his territory were necessarily immediately in contact. It was and is believed that no man could have been selected better qualified than he to reconcile the two classes of citizens more or less estranged by the setting up, continuing in existence and dissolution of the anomalous government of the State of Franklin, and to regulate affairs between the people of the territory, the Indians, and the govern-
ment of the United States. His superintendency of Indian affairs in- cluded the four southern tribes-the Creeks, the Cherokees, the Chicka- saws and Choctaws. All of these tribes either resided within or claimed hunting grounds within his own territory, and the collisions continually occurring between some of these Indians and the settlers caused a con- stant complaint to be addressed to the Governor for redress or mitigation. One reason of these conflicts was, that in all of the tribes there were ser- eral distinct parties swayed by opposing influences and motives. Some adhered and favored adherence to the United States; others adhered to the Spanish authorities, who still held possessions with military and trad- ing posts in Florida, and also similar posts within the limits of the United States east of the Mississippi. The Spaniards, notwithstanding treaties of peace and professions of friendship, by artful persuasions and tawdry presents, incited and inflamed the savages to robbery, pillage and mur- der. To reconcile all these animosities, and to protect the people from their naturally injurious effects, frequent conferences and an extensive correspondence were required, as also was required a high degree of ad- ministrative and diplomatic ability. The difficulties of his position were enhanced by the policy of the Government of the United States, which was to avoid offensive measures, and rely upon conciliation and defense with the view of the establishment of peace between the various Indian tribes and the settlements, and the neutralization of the influence of the
13
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Spaniards. Under these circumstances, Gov. Blount found it impossible to afford protection to settlers upon the frontier, aggressions upon whom were numerous and of several years' continuance. The settlers them- selves. whose property was being destroyed and whose friends and rela- tives were being barbarously murdered, could not appreciate this inof- fensive policy, but burned with the desire to retaliate in kind upon their savage foe, and, as was perfectly natural, heaped upon the head of Gov. Blount unstinted censure. Neither were they any better satisfied with the treaty concluded August 17, 1790, between the Government of the United States and the Creek nation of Indians, by which a large territory was restored to that nation. The treaties, however, were not observed by the Indians, and, consequently, not by the white people, who complained against the Governor for not adopting vigorous measures of offense. The Indians complained that such measures were adopted, and the United States Government complained that the expense of protecting the frontier accumulated so rapidly. Thus Gov. Blount was the center of a steady fire of complaint from at least three different sources. But like the mar- tyrs of old, the Governor bore these complaints with equanimity, and at length the people, ascertaining that the fault was not with him, withdrew their complaints, and very generally sustained his authority.
Besides difficulties with the Indians the duty devolved upon the Gov- ernor of preventing the settlement by the Tennessee Company of their immense purchase in the Great Bend of the Tennessee River, which was at length effectually prevented by the State of Georgia annulling the sale. He had also to raise a force of 332 men in the district of Wash- ington for service under Gen. St. Clair at Fort Washington. These duties, however, he was obliged to permit to fall on Gen. Sevier, his own time being so fully engrossed with his Indian superintendency, in which capacity he made a treaty with the Cherokees on the Holston July 2, 1791. Indian hostilities, however, continued, notwithstanding the treaty of Holston, and numerous people were killed for a number of years. During the next year the Governor held another conference with the In- dians, this time at Nashville with the Chickasaws and Choctaws, and in company with Gen. Pickens, who attended the conference at the request of the Secretary of War. There was a large delegation of chiefs in attendance; goods were distributed among them, which gave renewed assurances of peace. A brief account of this conference was written by the Governor to the Secretary of War under date of August 31, 1792, as follows:
On the 10th inst. the conference with the Chickasaws and Choctaws ended; there was a very full representation of the former, but not of the latter, owing, there is reason to
5
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believe, to the Spanish influences. During the conference Gen. Pickens and myself re- ceived the strongest assurances of peace and friendship for the United States from these nations, and I believe they were made with great sincerity.
In this way was the Governor engaged for the first two years of his term. In 1792 he turned his attention to civil government, and on the 11th of June, 1792, he issued an ordinance circumscribing the lim- its of Greene and Hawkins Counties, and creating Knox and Jefferson Counties. This ordinance fixed the time for holding courts of pleas and quarter sessions in these two new counties. A number of acts were also passed by the Governor and his two judges, David Campbell and Joseph Anderson, the first one being passed November 20, 1792. This act au- thorized the levying of a tax for building or repairing court houses, prisons and stocks in the respective counties, limiting the tax to 50 cents on each poll, and to 17 cents on each 100 acres of land.
According to the congressional ordinance for the government of the territory of the United States south of the Ohio River, the governor and the judges, or a majority of them, were authorized to adopt and publish such laws, criminal and civil, as might be necessary and best suited to the circumstances of the district, which, being from time to time report- ed to Congress and by that body approved, were to be the law of the Ter- ritory until the organization of the General Assembly, but afterward the General Assembly was to have the power to alter them as they might see proper. According to this ordinance the Territorial Legislature was to consist of the governor, Legislative Council and the House of Represent- atives. The General Assembly met at Knoxville, August 25, 1794, the Legislative Council being composed as follows: The Hon. Griffith Ruth- erford, the Hon. John Sevier, the Hon. James Winchester, the Hon. Stockley Donelson and the Hon. Parmenas Taylor. The Hon. Griffith Rutherford was unanimously elected president; George Roulstone, clerk, and Christopher Shoat, door-keeper. The House of Representatives was composed as follows: David Wilson, James White, James Ford, William Cocke, Joseph McMinn, George Rutledge, Joseph Hardin, George Doher- ty, Samuel Wear, Alexander Kelly and John Baird. A message was sent by the house to the council, and also one to the governor, notifying each respectively of its readiness to proceed to business. The next day they adopted rules of decorum and also rules to be observed in the transaction of business, prepared by a joint committee of the two houses. When all the preliminaries had been arranged the following bills were reported: An act to regulate the military of this Territory; an act to establish the judicial courts and to regulate the proceedings thereof; an act making provision for the poor; an act to enable executors and administrators to
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make rights for lands due upon bonds of persons deceased; an act de- claring what property is to be taxable, and for collecting the tax thereon; an act to levy a tax for the support of the Government of 1794, and an act to provide relief for such of the military as have been wounded by the Indians in the late invasion.
By the ordinance for the government of the Territory it was provided that as soon as a Legislature shall be formed in the district, the council and house, assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress. Under this authority the two houses met September 3, 1704, at the court house and balloted for a delegate to Congress. The joint committee to superintend the balloting was com- posed of Parmenas Taylor, from the council, and George Doherty and Leroy Taylor on the part of the house, and the result of the balloting was the election of James White as delegate to Congress. On the next day a resolution was adopted by the council requesting the concurrence of the house to the taking of a new census of the people, to be made on the last Saturday of July, 1795.
Toward the latter part of the session the two houses had considerable difficulty in arranging the details of the Tax Bill. Amendments were proposed by the one house and uniformly rejected by the other. During this discussion the council submitted to the house the following estimate. to show that its own schedule of taxation was ample in its provisions for the raising of revenue. The following is the estimate of the contingent fund: 10,000 white polls at 123 cents, $1,250; 1,100 black polls at 50 cents, $550; 100 stud horses at $4, $400; 200 town lots at $1, $200; taxes of law proceedings, grants, deeds, etc., $750; 1,000,000 acres of land at 123 cents, $1,250; total $4,400. This was while the council was insisting that a tax of 123 cents on each 100 acres of land was sufficient, while the house insisted that the tax on land should be 25 cents on each 100 acres. Failing to agree on Saturday, September 27, the two houses adjourned until Monday, the 29th, and on that day, after an attempt at compromise by fixing the land tax at 18 cents on each 100 acres, the council at length yielded and sent the house the following message: "The council accede to your proposition in tax- ing land at 25 cents per 100 acres; you will, therefore, send two of your members to see the amendments made accordingly." Following is the resolution of the house fixing the pay of the members of both houses: "Resolved, that the wages of the members, clerks and door-keepers of both houses be estimated as follows: For each member per day, $2.50; for each clerk per day, $2.50; for each clerk for stationery $25; for each door-keeper per day, $1.75; each member, clerk and
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