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 24
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 24
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 24
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 24
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 24
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 24
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 24
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HISTORY OF TENNESSEE
door-keeper to be allowed for ferriages; every twenty-five miles. riding to and from the assembly, $2.50." On the last day of the session, Sep- tember 30, among other joint resolutions the following was passed: "That the thanks of this General Assembly be presented to Gov. Blount for the application of his abilities and attention in forwarding their business as representatives; more especially in compiling and ar- ranging the system of court law, and that as there appears to be no more business before this assembly his excellency is requested to prorogue the same to the first Monday in October, 1795." . The Governor after acknowledging that the laws presented for his approval were essential to the public happiness, and that no law of importance was omitted, sent the following prorogation :
WILLIAM BLOUNT, GOVERNOR IN AND OVER THE TERRITORY OF THE UNITED STATES OF AMERICA, SOUTH OF THE RIVER OHIO.
To the President and Gentlemen of the Legislative Council, and the Speaker and Gentlemen of the House of Representatives.
The session of the General Assembly is prorogued until the first Monday in the month of October, one thousand seven hundred and ninety-five, then to commence at this place.
Given under my hand at Knoxville, September 30, 1794.
By the Governor, DANIEL SMITH.
WILLIAM BLOUNT
The expense of the Legislative Council for the August and September session, 1794, amounted to $970.713, and of the House of Representatives for the same session, $1,700.162. The Territorial Assembly, although prorogued as above narrated, was convened by the Governor on June 29, 1795. In his message the Governor said: "The principal object for which I have called you together at an earlier period than that to which the General Assembly stood prorogued, is to afford an opportunity to in- quire whether it is as I have been taught to believe, the wish of the majority of the people that this Territory should become a State, when by taking the enumeration there should prove to be 60,000 free inhabit- ants therein, or at such earlier period as Congress shall pass an act for its admission, and if it is to take such measures as may be proper to effect the desired change of the form of government as early as practicable." On the 7th of July, following, John Sevier from the joint committee ap- pointed for the purpose offered the following address to the Governor:
Sir :- The members of the Legislative Council, and of the House of Representatives beg leave to express to your Excellency their approbation of the object for which they were principally called together; and feeling convinced that the great body of our con- stituents are sensible of the many defects of our present mode of government, and of the great and permanent advantages to be derived from a change and speedy representation in Congress; the General Assembly of this Territory will during the present session, en- deavor to devise such means as may have a tendency to effect that desirable object, and in doing so we shall be happy in meeting with your Excellency's concurrence.
210
HISTORY OF TENNESSEE.
The treasurer of Washington and Hamilton Districts submitted his report at this session of the Legislature. A joint committee, to whom it was referred, in the conclusion of their report used the following lan- guage: "Your committee beg leave to observe that the moneys arising from the tax levied by the last General Assembly very much exceed their most sanguine expectations, and that such will be the state of the treas- ury department, that the next tax to be levied may be very much lessened and then be fully commensurate and adequate to defray every expendi- ture and necessary contingency of our government.". It is believed that this flattering condition of the treasury had its influence in determining public sentiment more strongly in favor of the change in the form of government from a Territory to a State. The preference of the people of the Territory for a State form of government was recognized by the Legislature, which passed an act for the enumeration of the inhabitants of the Territory, in which it was provided that "if it shall appear that there are 60,000 inhabitants therein, the governor be authorized and requested to recommend to the people of the respective counties, to elect five persons of each county to represent them in convention to meet at Knoxville at such time as he shall judge proper for the purpose of form- ing a constitution or form of government for the permanent government for the people who are or shall become residents upon the lands by the State of North Carolina ceded to the United States." So general had become the conviction that the territorial would soon be superseded by a State government, that this session of the Territorial General Assembly was of but short duration-thirteen days-and its work, other than that outlined above, comparatively unimportant, and in accordance with a con- current request of the two houses, the Governor sent the following message:
WILLIAM BLOUNT, GOVERNOR IN AND OVER THE TERRITORY OF THE UNITED STATES OF AMERICA, SOUTH OF THE RIVER OHIO.
To the President and Gentlemen of the Legislative Council and the Speaker and Gentle- men of the House of Representatives.
The business of this session being completed the General Assembly is prorogued sine die.
Given under my hand and seal at Knoxville, July 11, 1795.
WILLIAM BLOUNT. By the Governor,
THOMAS H. WILLIAMS, Pro. Sec'y.
The results of the enumeration of the people under the act passed as above recited were as follows:
TERRITORY OF THE UNITED STATES OF AMERICA, SOUTH OF THE RIVER OHIO.
Schedule of the aggregate amount of each description of persons, taken agrecably to " An act providing for the enumeration of the inhabitants of the Territory of the United States of America south of the River Ohio," passed July 11, 1795.
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HISTORY OF TENNESSEE.
COUNTIES.
Free white males.
ward, including 16 years and up-
heads of families.
Free white males
under 16 years.
fe- males, including Free white
heads of familles.
All other free per-
sons.
Slaves.
Total Popula- tion.
Yeas.
Nays.
Jefferson.
1706
2225
3021
112
776
7840 13331
714
316
Hawkins
2666
3279
4767
147
2472
1651
534
Greene
1567
2203
3350
52
446
7638
560
495
Knox
2721
2723
3664
100
2365
11573
1100
128
Washington
2013
2578
4311
225
978
10105
873
145
Sullivan
1803
2340
3499
38
777
8457
715
125
Sevier.
628
1045
1503
273
129
3578
261
55
Blount
585
817
1231
183
2816
476
16
Davidson
728
695
1199
6
992
3613
96
517
Sumner.
1382
1595
2316
1
1076
6370
Tennessee
380
444
700
19
398
1941
58
231
Totals.
16179
19994
29554
973
10613
77262
6504
2562
I, William Blount, Governor in and over the Territory of the United States of Amer- ica, south of the River Ohio, do certify that the schedule is made in conformity with the schedules of the sheriffs of the respective counties in the said Territory, and that the schedules of the said sheriffs are lodged in my office.
Given under my hand at Knoxville November 28, 1795.
WILLIAM BLOUNT.
The Territory being thus found to contain more than the number of inhabitants required by the ordinance to authorize the formation of a State government, Gov. Blount issued the following proclamation:
William Blount, Governor in and over the Territory of the United States of America, south of the River Ohio, to the people thereof:
WHEREAS by an act passed on the 11th of July last, entitled " An act providing for the enumeration of the inhabitants of the Territory of the United States of America south of the River Ohio," it is enacted "that if upon taking the enumeration of the people in the said Territory as by that directed, it shall appear that there are 60,000 inhabitants therein, counting the whole of the free persons, including those bound to service for a term of years and excluding Indians not taxed and adding three-fifths of all other persons, the Governor be authorized and requested to recommend to the people of the respective counties to elect five persons for each county, to represent them in convention to meet at Knoxville at such time as he shall judge proper for the purpose of forming a constitution or permanent form of government."
And, WHEREAS, upon taking the enumeration of the inhabitants of said Territory, as by the act directed, it does appear that there are 60,000 free inhabitants therein and more, besides other persons; now I, the said William Blount, Governor, etc., do recommend to the people of the respective counties to elect five persons for each county, on the 1Sth and 19th days of December next, to represent them in a convention to meet at Knoxville on the 11th day of January next, for the purpose of forming a constitution or permanent form of government.
And to the end that a perfect uniformity in the election of the members of the conven- tion may take place in the respective counties, I, the said William Blount, Governor, etc., do further recommend to the sheriffs or their deputies, respectively, to open and hold polls of election for members of convention, on the 18th and 19th days of December, as aforesaid, in the same manner as polls of election have heretofore been held for members
212
HISTORY OF TENNESSEE.
of the General Assembly; and that all free males twenty one years of age and upward, be considered entitled to vote by ballot for five persons for members of convention, and that the sheriff's or their deputies holding such polls of election give certificates to the five persons in each county having the greatest number of votes, of their being duly elected members of convention.
And I, the said William Blount, Governor, etc., think proper here to declare that this recommendation is not intended to have, nor ought to have, any effect whatever upon the present temporary form of government; and that the present temporary form will con- tinue to be exercised in the same manner as if it had never been issued, until the conven- tion shall have formed and published a constitution or permanent form of government.
Done at Knoxville November 28, 1795.
WILLIAM BLOUNT.
By the Governor, WILLIE BLOUNT, Pro. Secretary.
In accordance with the suggestions of this proclamation, elections were held in each of the eleven counties in the Territory, for five mem- bers of the convention from each county. These members met at Knox- ville, January 11, 1796. Following are the names of the members who appeared, produced their credentials and took their seats:
Jefferson County-Joseph Anderson, George Doherty, Alexander Outlaw, William Roddye, Archibald Roane. Hawkins County-James Berry, William Cocke, Thomas Henderson, Joseph MeMinn, Richard Mitchell. Greene County-Elisha Baker, Stephen Brooks, Samuel Fra- zier, John Galbreath, William Rankin. Knox County-John Adair, Will- iam Blount, John Crawford, Charles McClung, James White. Wash- ington County-Landon Carter, Samuel Handley, James Stuart, Leroy Taylor, John Tipton. Sullivan County-William C. C. Claiborne, Rich- ard Gammon, George Rutledge, John Rhea, John Shelby, Jr. Sevier County-Peter Bryan, Thomas Buckingham, John Clack, Samuel Wear, Spencer Clack. Blount County-Joseph Black, David Craig, Samuel Glass, James Greenaway, James Houston. Davidson County-Thomas Hardeman, Andrew Jackson, Joel Lewis, John McNairy, James Robert- son. Sumner County-Edward Douglass, W. Douglass, Daniel Smith, D. Shelby, Isaac Walton. Tennessee County-James Ford, William Fort, Robert Prince, William Prince, Thomas Johnson.
The convention was organized by the election of William Blount, pres- ident; William Maclin, secretary, and John Sevier, Jr., reading and en- grossing clerk. John Rhea was appointed door-keeper. On motion of Mr. White, seconded by Mr. Roddye, it was ordered that the next morn- ing's session commence with prayer, and that a sermon be delivered by Rev. Mr. Carrick. In the act providing for the enumeration of the in- habitants of the Territory, it was provided that each member of the con- vention should be entitled to receive the same wages as a member of that session of the Assembly-$2.50 per day. The convention on the second day of its session adopted the following resolutions:
213
HISTORY OF TENNESSEE.
Resolved, That economy is an admirable trait in any government and that, in fixing the salaries of the officers thereof, the situation and resources of the country should be attended to.
Resolved, That ten shillings and sixpence, Virginia currency, per day to every member is a sufficient compensation for his services in the Convention, and one dollar for every thirty miles they travel in coming to and returning from the Convention, and that the members pledge themselves each one to the other that they will not draw a greater sum out of the public treasury.
After substituting $1.50 for 10s. 6d. in the second resolution, both resolutions were unanimously adopted. It was then resolved that the con- vention appoint two members from each county to draft a constitution, and that each county name its members, and accordingly the following individuals were named as members of the committee.
Blount County-Daniel Craig and Joseph Black. Davidson County -- Andrew Jackson and John McNairy. Greene County-Samuel Fra- zier and William Rankin. Hawkins County-Thomas Henderson and William Cocke. Jefferson County-Joseph Anderson and William Roddye. Knox County -- William Blount and Charles McClung. Sulli- van County-William C. C. Claiborne and John Rhea. Sumner County -- D. Shelby and Daniel Smith. Sevier County -- John Clack and Sam- uel Wear. Tennessee County-Thomas Johnson and William Fort. Washington County-John Tipton and James Stuart. On motion of Mr. McMinn, the sense of the convention was taken as to whether a declara- tion of rights be prefixed to the constitution, which being decided in the affirmative the committee was directed to present as early as practic- able a declaration or bill of rights to be thus prefixed. A bill of rights was consequently prepared, but later in the session it was decided by the convention to affix it to the constitution as the eleventh arti- cle thereof.
On the 18th of January an important question was presented to the convention by Mr. Outlaw, as to whether the Legislature should consist of two houses. This question being decided in the affirmative, another question was raised by Mr. McNairy as to whether the two houses in the Legislature should be of equal numbers and of equal powers. This ques- tion, being decided in the affirmative, was the next day reconsidered on motion of Mr. McNairy, and amended so as to read as follows: In lieu of the words "two houses," insert "one House of Representatives," and that no bill or resolution shall be passed unless by two thirds of the whole number of members present. This proposed form of the legisla- tive branch of the government was, upon reflection, no more satisfactory than "two houses of equal numbers and powers," and on the 20th of Jan- uary the convention again resolved itself into committee of the whole on this question; and Mr. Robertson, chairman of the committee, reported
214
HISTORY OF TENNESSEE.
that "the Legislature shall consist of two branches, a Senate and a House of Represenatives, organized on the principles of the constitution of North Carolina, to be elected once in two years; and that the members of each house be elected by the same electors, and that the qualifications of the members of each house be the same, until the next enumeration of the people of the United States, and then to be represented by members, re- taining the principle of two representatives to one senator ; provided the ratio shall be such as that both shall not exceed forty until the number of the people exceed 200,000, and that the number shall never exceed sixty."
Although in the report of the proceedings of the convention no further reference is made to discussions upon this part of the constitution, yet on January 30, when the draft of the constitution was considered in com- mittee of the whole, this clause is found to have undergone considerable change. It was then provided that the General Assembly should consist of a Senate and a House of Representatives, the former to consist of one and the latter of two members from each county, to continue thus for sixteen years from the commencement of the second session, and after that representation should be apportioned according to numbers in such manner that the whole number of senators and representatives should not exceed thirty-nine until the number of free white persons should be 200,000, and after that (preserving the same ratio of two representatives to one senator) the entire number of senators and representatives should never exceed sixty. As finally adopted on February 4, 1796, this portion of the constitution assumed the following form:
ARTICLE I.
SECTION 1. The legislative authority of this State shall be vested in a General As- sembly, which shall consist of a Senate and House of Representatives, both dependent on the people.
SEC. 2. Within three years after the first meeting of the General Assembly, and with- in every subsequent term of seven years, an enumeration of the tarable inhabitants shall be made in such manner as shall be directed by law. The number of representatives shall at the several periods of making such enumeration be fixed by the Legislature, and appor- tioned among the several counties according to the number of taxable inhabitants in each, and shall never be less than twenty-two, nor greater than twenty-six, until the number of taxable inhabitants shall be 10,000; and after that event at such ratio that the whole num- ber of representatives shall never exceed forty.
SEC. 3. The number of senators shall at the several periods of making the enumera- tion before mentioned be fixed by the Legislature, and apportioned among the districts, formed as hereinafter directed, according to the number of taxable inhabitants in each, and shall never be less than one-third, nor more than one-half of the number of representa- tives.
SEC. 4. The senators shall be chosen by districts, to be formed by the Legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect
215
HISTORY OF TENNESSEE.
not more than three senators. When a district shall be composed of two or more counties they shall be adjoining, and no county shall be divided in forming a district.
Thus was concluded perhaps the most important part of the work of the convention. It is doubtless more curious than profitable to reflect upon what would have been the consequences to the people of the State had either of the earlier propositions been adopted --- to form a Legislature consisting of two houses of equal power and numbers, or of "one House of Representatives." It is an interesting study, however, to note the varying forms this subject assumed in the minds of those primitive con- stitution builders, illustrating as it does the general principle that the wisest form or course is seldom that first suggested to the mind. There are other features in this constitution, declared by Jefferson to be the "least imperfect and most republican" of the systems of government adopted by any of the American States, worthy of especial comment. Several of its features or principles had previously been enacted into laws by North Carolina. So far as those laws are concerned these principles had their origin in the demands of the times, or the necessities of the people; and experience, that great teacher of the wise legislator, had de- termined their wisdom by demonstrating their adaptability to the ends they were designed to subserve. This adaptability being thus clearly proven by experience, the principles were embodied in the constitution for the purpose of conferring upon the people with certainty the benefits to be derived from their operation, and of placing them beyond the power and caprice of Legislatures; for it is worthy of remark that the present, no matter how much confidence it may possess in its own wisdom and in that of the past, has very little respect for that of the future. One of these principles was enacted into a law, in 1777, by the Legislature of North Carolina, as follows: "That every county court shall annually se- lect and nominate a freeholder, of sufficient circumstances, to execute the office of sheriff, who shall thereupon be commissioned by the governor, or commander-in-chief, to execute that office for one year." The Con- stitution of Tennessee, Article VI, Section 1, reads as follows: "There shall be appointed in each county, by the county court, one sheriff, one coroner, one trustee, and a sufficient number of constables, who shall hold their offices for two years. They shall also have power to appoint one register and one ranger for the county, who shall hold their offices during good behavior. The sheriff and coroner shall be commissioned by the governor." In 1784 the Legislature of North Carolina passed the fol- lowing law:
WHEREAS, It is contrary to the spirit of the constitution and the principles of a gen- uine republic that any person possessing a lucrative office should hold a seat in the Gen- eral Assembly;
216
HISTORY OF TENNESSEE.
Therefore, be it enacted, etc., That from and after the present session of the General As- sembly, every person holding a public office of profit, either by stated salary or commis- sions, shall be and they are hereby declared to be incapable of being elected a member to serve in the General Assembly, or to enjoy seats therein."
This principle was embodied in the constitution of Tennessee in the following form: "No person, who heretofore hath been or hereafter may be a collector or holder of public monies, shall have a seat in either house of the General Assembly." The next section was of similar import. In the year 1785 North Carolina passed the following law: "That from and after passing of this act the several county courts of pleas and quarter sessions within this State shall have, hold and exercise jurisdiction in all actions of trespass in ejectment, formedon in descender, remainder and reverter, dower and partition, and of trespass quare clausum fregit, any law to the contrary notwithstanding." etc.
The constitution of Tennessee, Article V, Section 7, provides that "the judges or justices of the inferior courts of law shall have power in all civil cases, to issue writs of certiorari, to remove any cause or a transcript thereof from any inferior jurisdiction into their court. on sufficient cause supported by oath of affirmation." North Carolina enacted in 1786 that the public tax on each and every poll should equal the public tax on 300 acres of land. The constitution of Tennesee, Article I, Section 26, pro- ยท vides that "no freeman shall be taxed higher than 100 acres of land, and no slave higher than 200 acres on each poll." But perhaps the most re- markable feature of this constitution was that respecting the tax to be levied on land, in the following language: "All lands liable to taxation in this State, held by deed, entry or grant, shall be taxed equally and uniformly in such manner that no 100 acres shall be taxed higher than another, except town lots," etc.
It is not certain whence this idea was derived. It is not to be found. in the constitution of North Carolina, nor in that of any of the other States. It probably originated in the Territorial Legislature of 1794, in. which, as will be seen by reference to the preceding pages, the most se- rious contest occurred over the question of what the tax should be upon each 100 acres of land, whether 123 cents, 18 or 25 cents, the decision being finally in favor of 25 cents. The idea of taxing lands according to quantity instead of according to value was probably derived from the fact of the equal value of the lands at that time, and was suggested to the constitutional convention of 1796 by the course pursued by the Ter- ritorial Legislature of 1794. At any rate it was embodied in the first constitution of this State, where it remained an anomalous feature, work- ing greater and greater injustice, as lands became more and more un- equal in value, until the adoption of the constitution of 1834, when the
1
217
HISTORY OF TENNESSEE.
principle was adopted of taxing lands as well as other property according to their value.
With reference to the qualifications of electors the constitution of Tennessee provided that "Every freeman of the age of twenty-one years and upwards possessing a freehold in the county wherein he may vote, and being an inhabitant of this State, and every freeman being an in- habitant of any one county in this State six months immediately pre- ceding the election, shall be entitled to vote for members of the Gen- eral Assembly for the county in which he may reside." This was a step considerably in advance of the provisions of the North Carolina constitu- tion, which required an elector to be a freeman, a resident of the county twelve months, and to be possessed of a freehold of fifty acres in the county in which he resided, to qualify him to vote for senator. To be qualified to vote for representative he was required to have been a resi- dent of his county twelve months, and to have paid public taxes. But it will be observed that under both these constitutions colored men, if free, could vote.
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