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 25
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 25
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 25
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 25
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 25
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 25
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 25
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Then in reference to the qualifications of office-holders, the constitu- tion of Tennessee provided, like that of North Carolina, that no clergy- man or preacher of the gospel should be eligible to a seat in either house of the General Assembly. With regard to the religious qualification of office-holders in general, it is interesting to note the advance made in public opinion during the twenty years from 1776 to 1796. . In the North Carolina constitution it was provided that "No person who shall deny the being of God, or the truth of the Protestant religion, or the divine authority of either the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the State, shall be capable of holding any office or place of trust or profit in the civil de- partment of this State." The constitutional convention of Tennessee, when discussing this question, evidently had the constitution of North Carolina before them, and were determined to improve upon that instru- ment. When the first draft of the constitution was presented, January 30, 1796, no reference was made to religious qualifications for office- holders; but on February 2, Mr. Doherty moved, and Mr. Roan seconded the motion, that the following be inserted as a section in the constitution: "No person who publicly denies the being of God, and future rewards and punishments, or the divine authority of the Old and New Testaments, shall hold any office in the civil department in this State;" which was agreed to. Mr. Carter then moved, and Mr. Mitchell seconded the motion, that the words "or the divine authority of the Old and New Testaments" be struck out, which being objected to, the yeas and nays were called for,
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and resulted in an affirmative victory by a vote of twenty-seven votes to twenty-six. Afterward the word "publicly" was struck out, and this section of the constitution was adopted in the following form: "No person who denies the being of God, or a future state of rewards and punish- ments, shall hold any office in the civil department of this State."
One or two features of the bill of rights are deemed worthy of notice in this connection. The twenty-ninth section, adopted through the efforts of William Blount, was as follows: "That an equal participation of 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." Section 31 was as follows: "That the people residing south of French Broad and Hols- ton, between the rivers Tennessee and Big Pigeon, are entitled to the right of pre-emption and occupation in that tract." It is stated that the name "Tennessee " was suggested as the name of the State by Andrew Jackson, the members from the county of Tennessee consenting to the loss of that name by their county, on condition that it be assumed by the State.
The president of the convention was instructed to take the constitu- tion into his safe keeping until a secretary of State should be appointed under it, and then to deliver it to him. The president was also instructed to send a copy of the constitution to the Secretary of State of the United States; and he was also instructed to "issue writs of election to the sheriffs of the several counties, for holding the first election of members of the General Assembly and a governor, under the au- thority of the constitution of Tennessee, to bear teste of this date." (February 6, 1790. ) On the 9th of February a copy of the constitution was forwarded to the Secretary of State, Mr. Pickering, by Joseph McMinn, who was instructed to remain at the seat of the Federal Gov- ernment long enough to ascertain whether members of Congress from Tennessee would be permitted to take their seats in Congress. Mr. White, who was then territorial delegate in that body, was urged by Mr. McMinn to apply for the admission of Tennessee into the Union. In response to the application of Mr. White, Congress at length passed. the following act, receiving the State of Tennessee into the Union:
WHEREAS, By the acceptance of the deed of cession of the State of North Carolina, Congress are bound to lay out into one or more States the territory thereby ceded to the United States.
Be it enacted, etc., That the whole of the territory ceded to the United States by the State of North Carolina shall be one State, and the same is hereby declared to be one of the United States of America, on an equal footing with the original States, in all respects whatever, by the name and title of the State of Tennessee. That until the next general census the said State of Tennessee shall be entitled to one representative in the House of
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HISTORY OF TENNESSEE.
Representatives of the United States; and in all other respects as far as they may be applicable, the laws of the United States shall extend to and have force in the State of Tennessee, in the same manner as if that State had originally been one of the United States.
Approved June the 1st, 1796. GEORGE WASHINGTON,
JONATHAN DAYTON,
President of the United States.
Speaker of the House of Representatives .. SAMUEL LIVERMORE, President of the Senate, pro. tem.
Writs of election were issued by the president of the convention to the sheriffs of the several counties, requiring them to hold the first elec- tion of members of the General Assembly, and governor of the State. The Legislature thus elected assembled at Knoxville March 28. The Senate was constituted as follows: From Tennessee County, James Ford; from Sumner County, James Winchester; from Knox County, James White; from Jefferson County, George Doherty; from Greene County, Samuel Frazier; from Washington County, John Tipton; from Sullivan County, George Rutledge; from Sevier County, John Clack; from Blount County, Alexander Kelly; from Davidson County, Joel Lewis; from Hawkins County, Joseph McMinn.
The Senate was organized by the election of James Winchester, speaker; Francis A. Ramsey, clerk; Nathaniel Buckingham, assistant clerk; Thomas Bounds, door-keeper. The House of Representatives was composed of the following gentlemen: Blount County, Joseph Black and James Houston; Davidson County, Seth Lewis and Robert Weakley; Greene County, Joseph Conway and John Gass; Hawkins County, John Cocke and Thomas Henderson; Jefferson County, Alexander Outlaw and Adam Peck; Knox County, John Crawford and John Manifee; Sullivan County, David Looney and John Rhea; Sevier County, Spencer Clack and Samuel Newell; Sumner County, Stephen Cantrell and William Mont- gomery; Tennessee County, William Fort and Thomas Johnson; Wash- ington County, John Blair and James Stuart. James Stuart was chosen speaker; Thomas H. Williams, clerk; John Sevier, Jr., assistant clerk, and John Rhea, door-keeper.
The two houses being thus organized met in the representatives chamber, to open and publish the returns of the election in the several counties for governor. From these returns it appeared that "citizen John Sevier is duly and constitutionally elected governor of this State, which was accordingly announced by the speaker of the Senate, in pres- ence of both houses of the General Assembly. On the same day a joint committee was appointed "to wait on his Excellency, John Sevier, and request his attendance in the House of Representatives, to-morrow, at 12 o'clock, to be qualified agreeably to the constitution of the State of Tennes-
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see." Gov. William Blount was requested to be present at the quali- fication of the governor elect, and on March 30, "both houses having convened in the representative chamber, the several oaths prescribed for the qualification of the governor were duly administered to him by the honorable Joseph Anderson." After his inauguration Gov. Sevier presented the following address:
Gentlemen of the Senate and House of Representatives:
The high and honorable appointment conferred upon me by the free suffrage of my countrymen, fills my breast with gratitude, which, I trust, my future life will manifest. I take this early opportunity to express, through you, my thanks in the strongest terms of acknowledgment. I shall labor to discharge with fidelity the trust reposed in me; and if such my exertions should prove satisfactory, the first wish of my heart will be gratified. Gentlemen, accept of my best wishes for your individual and public happiness; and, rely- ing upon your wisdom and patriotism, I have no doubt but the result of your deliberations will give permanency and success to our new system of government, so wisely calculated to secure the liberty and advance the happiness and prosperity of our fellow citizens.
JOHN SEVIER.
The duty of electing United States Senators for Tennessee still re- mained unperformed. The mode adopted at that time was as follows: The following message was sent by the House to the Senate: "This House propose to proceed to the election of two senators to represent this State in the Congress of the United States; and that the Senate and House of Representatives do convene in the House of Representatives for that purpose to-morrow at 10 o'clock; and do propose Mr. William Blount, Mr. William Cocke and Mr. Joseph Anderson, as candidates for the Senate." The Senate replied by the following message: "We concur with your message as to the time and place for the election by you proposed, and propose Dr. James White to be added to the nomin- ation of candidates for the Senate." On the next day the names of Jo- seph Anderson and James White were withdrawn, leaving only William Blount and William Cocke as candidates, who were thereupon duly and constitutionally elected the first United States senators from Tennessee. Addresses were prepared by committees appointed for that purpose to William Blount as retiring governor. and as senator elect, and to William Cocke as senator elect, to which both these gentlemen appropriately replied. William Maclin was elected Secretary of State; Landon Carter, treasurer of the districts of Washington and Hamilton, and William Black, treasurer of the district of Mero. John McNairy, Archibald Roane and Willie Blount, were elected judges of superior courts of law and equity. This election occurred April 10. John McNairy and Willie Blount declined the appointment, and Howell Tatum and W. C. C. Claiborne were com- missioned in their places respectively. John C. Hamilton was appointed attorney for the State, in place of Howell Tatum, appointed judge.
JOHN SEVIER
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HISTORY OF TENNESSEE.
On the 14th of April a curious piece of legislation was attempted in the House of Representatives: "The bill to preclude persons of a certain description from being admitted as witnesses, etc., was then taken up, to which Mr. Gass proposed the following amendment: 'That from and after the passing of this act, if any person in this State shall publicly deny the being of a God and a future state of rewards and punishments, or shall publicly deny the divine authority of the Old and New Testa- ments. on being convicted thereof, by the testimony of two witnesses, shall forfeit and pay the sum of - - dollars for every such offense, etc.' The foregoing amendment being received the question was taken on the amended bill which was carried. Whereupon the yeas and nays were called upon by Mr. Johnson and Mr. Gass, which stood as follows: Yeas: Messrs. Blair, Black, Conway, Clack, Crawford, Gass, Houston, Johnson, Looney, Montgomery, Newell, Outlaw, Peck and Weakly-14. Nays: Messrs. Cantrell. Cocke, Fort, Henderson, Lewis, Manifee, Rhea -7. Mr. Lewis entered the following protest: "To this question we enter our dissent. as we conceive the law to be an inferior species of per- secution, which is always a violation of the law of nature, and also that it is a violation of our constitution. Seth Lewis, John Cocke, William Fort, John Rhea, Stephen Cantrell, John Manifee, Thomas Henderson." On the 16th of April this question came up in the Senate, where the following proceedings were had: "Ordered that this bill be read, which being read was on motion rejected." On the 22d of April, both houses of the General Assembly being convened in the representatives' chamber, proceeded to ballot for four electors to elect a President and Vice-Pres- ident of the United States, when the following gentlemen were chosen: Daniel Smith, Joseph Greer, Hugh Neilson and Joseph Anderson. Attor- neys-general were also similarly elected on the same day; for Washing- ton District, Hopkins Lacey: Hamilton District, John Lowrey; Mero District, Howell Tatum.
The above mentioned action of the General Assembly, in electing four electors, was in accordance with a law passed by which it was provided that the General Assembly should, from time to time, by joint ballot. elect the number of electors required by the constitution of the United States. The error was in supposing that the State was entitled to two representatives in Congress as well as two Senators, and in accordance with this supposition an act was passed April 20, 1796, dividing the State in two divisions, the first to be called the Holston Division, and to be composed of the districts of Washington and Hamilton; the second to be called Cumberland Division, to be composed of Mero District : each of which divisions should be entitled to elect one representative to Congress.
14
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HISTORY OF TENNESSEE.
When it was learned that Tennessee was entitled to only one representa- tive in Congress, Gov. Sevier convened the Legislature in extra session to meet on the 30th of July for the purpose of making an alteration in the act directing the mode of electing representatives to Congress; "for by a late act of Congress the intended number of our representatives is diminished, of course it proportionably lessens our number of electors for President and Vice-President of the United States." In accordance with the necessities of the situation and the recommendations of the governor, the Legislature on the 3d of August, passed the following law:
"Be it enacted, etc .: That an election shall be held at the respective court houses in each county in this State on the first Tuesday in October next and on the day next succeeding, to elect one representative to represent this State in the Congress of the United States."
In an act passed October 8 provision was made for the election of elec -. tors for the districts of Washington, Hamilton and Mero, one for each dis- trict. William Blount and William Cocke were again elected senators. to Congress, and under the act providing for the election of electors of President and Vice-President, the State was divided into three districts, Washington, Hamilton and Mero, and three persons from each county in each district were named to elect the elector for their respective districts. The electors named in the act were to meet at Jonesborough, Knoxville, and Nashville, and elect an elector for each district, and the three elec- tors thus elected were to meet at Knoxville on the first Wednesday in December, "to elect a President and Vice-President of the United States, pursuant to an act of Congress. Andrew Jackson was elected representative from Tennessee to the Congress of the United States, and when that body assembled at Philadelphia, December 5, 1799, Mr. Jack- son appeared and took his seat.
On the 31st of January, 1797, an act was passed by Congress giving effect to the laws of the United States within the State of Tennessee. By the second section of this act the State was made one district, the- district court therein to consist of one judge who was required to hold four sessions annually, three months apart, and the first to be held on the first Monday of - April, the sessions to be held alternately at Knox- ville and Nashville. . This judge was to receive an annual compensation of $800. By the fourth section of this act, the entire State of Tennessee was made one collection district, the collector to reside at Palmyra, "which shall be the only port of entry or delivery within the said district of any goods, wares and merchandise, not the growth or manufacture of the United States; - and the said collector shall have and exercise all the powers which any other collector hath, or may legally exercise for col- lecting the duties aforesaid; and in addition to the fees by law provided,.
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HISTORY OF TENNESSEE.
shall be paid the yearly compensation of one hundred dollars." At the election of August, 1797, John Sevier was again elected governor; and a Legislature, consisting of eleven senators and twenty-two representa- tives from the thirteen counties then in existence, was chosen. Grainger and Hawkins sent Joseph McMinn, Senator, and Robertson and Mont- gomery sent James Ford. James White was elected speaker of the Sen- ate; George Roulstone, principal clerk; and N. Buckingham, assistant clerk; James Stuart was elected speaker of the House; Thomas H. Will- iams, clerk; Jesse Wharton, assistant clerk, and John Rhea, door-keeper.
On the 3d of December, 179S, the second session of the Second Gen- eral Assembly convened at Knoxville. James Robertson was elected senator in place of Thomas Hardeman, who had resigned. William Blount appeared from Knox County in place of James White, resigned. William Blount was elected speaker of the Senate, George Roulstone, clerk, and N. Buckingham assistant clerk. It was at this session of the Legislature that the number of senators was increased to twelve and the number of representatives to twenty-four by a law passed January 5, 1799. Section 2 of the act provided that there should be four sen- ators and eight representatives from Washington District. Washington and Carter Counties were made one senatorial district, and Sullivan, Greene and Hawkins Counties each had one senator, while Carter and Hawkins Counties each had one representative, and Washington, Sulli- van and Greene each had two. Hamilton District was divided as fol- lows: Knox and Grainger each had one senator, Blount and Sevier had - one, and Jefferson and Cocke one; Knox and Grainger had two representa- tives each, while the other counties in the district had one each. Mero District-Davidson County had two senators and three representatives; Sumner County one senator and three representatives; and Robertson and Montgomery Counties one senator from both counties and one rep- resentative from each. The first session of the General Assembly elected according to the provisions of this act began at Knoxville, September 16, 1799. Alexander Outlaw was chosen speaker of the Senate, and John Kennedy, clerk. William Dickson was chosen speaker of the House, and Edward Scott, clerk.
The first constitution of Tennessee had been so wisely constructed as to subserve its purpose for forty years without urgent necessity being felt for its revision. But in 1833, in response to a demand in various directions, for its amendment, the Legislature passed an act, under date of November 27, providing for the calling of a convention. The act pro- vided that the convention should consist of sixty members, who should be elected on the first Thursday and Friday of March following, and that
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HISTORY OF TENNESSEE.
it should meet at Nashville on the third Monday of May. The conven- tion having assembled May 19, 1834, Willie Blount, of Montgomery County, was made temporary chairman, and immediately afterward Will- iam B. Carter, the delegate from Carter County, was elected president. Mr. Carter, in the course of his speech acknowledging the honor con- ferred upon him, said "the great principle which should actuate each indi- vidual in this convention is to touch the constitution with a cautious and circumspect hand, and to deface that instrument, formed with so much wisdom and foresight by our ancestors, as little as possible, and should . there be in that sacred charter of liberty some articles or features of doubtful policy, prudence requires that we should better let it remain than to launch it into a sea of uncertainty when we cannot perhaps better its condition." The Rev. James C. Smith, of the Cumberland Presby- terian Church of Nashville, pronounced a solemn and appropriate prayer. William K. Hill was made secretary of the convention, and William I. I. Morrow assistant secretary, the latter by a yea and nay vote of fifty-one to nine. Ministers of the gospel and editors of Tennessee newspapers were admitted to seats within the bar of the house. Various committees were appointed, each committee to bring forward amendments on some specific department of the constitution-the first the Bill of Rights, the second the Judicial Department, the third the Legislature, etc. The Bill of Rights in the new constitution remained substantially the same as in the old. Its position was changed from that of the eleventh article to that of the first, and the first change was in the seventeenth section, from which is the following sentence: "Suits may be brought against the State in such manner and in such courts as the Legislature may by law direct, provided the right of bringing suit be limited to citizens of this State," the proviso being omitted. In the nineteenth section the sentence " and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases," the word "criminal" was inserted in the last phrase, so as to cause it to read "as in other criminal cases." Section 26, reading that "the freemen of this State shall have a right to keep and bear arms for the common defense," was changed so as to read that "the free white men," etc. "Section 31, describing the boundaries of the State, was amended by the following additional words: "And provided also that the limits and jurisdiction of this State shall extend to any other lands and territory now acquired or that may hereafter be acquired by compact or agreement with other States or otherwise, al- though the land and territory are not included within the boundaries hereinbefore designated."
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HISTORY OF TENNESSEE.
In the constitution proper, Article I in the old constitution became Article II in the new, and two new sections were prefixed thereto. These new sections provided that the government should be divided into three distinct departments, Legislative, Executive and Judicial, and that no person belonging to one of these departments should exercise any of the powers belonging to either of the others except in certain specified cases. Section 4 of this second article provides that an enumeration of the qualified voters should be made every ten years, commencing in 1841, instead of an enumeration of the taxable inhabitants every seven years, and Section 5 provides that representatives shall be appointed according to the number of qualified voters instead of the taxable inhabi- tants, and the number of representatives was limited to seventy-five until the population of the State became 1,500,000, and after that event the number should never exceed ninety-nine, and the number of senators was limited to one-third of the number of representatives. Under the old constitution no man was eligible to a seat in the General Assem- bly unless he possessed, in his own right, at least 200 acres of land. From the new constitution this requirement was omitted. Section 20, Article I, of the old constitution limited the pay of legislators to $1.75 per day, and no more than that sum for every twenty-five miles of travel to and from the place of meeting. This was changed in the new consti- tution so that each member was allowed $4 per day, and $4 for every twenty-five miles of travel to and from the seat of government.
In the old constitution the governor was required to possess a free- hold estate of 500 acres of land, and to have been a citizen of the State four years. In the new constitution he was required to be at least thirty years of age, to be a citizen of the United States, and to have been a citizen of Tennessee at least seven years next preceding the election, the property qualification being omitted. The article on the qualifications of electors was changed so as to read "every free white man of the age of twenty-one years, being a citizen of the United States, and of the county wherein he may offer to vote six months next preceding the day of election, shall be entitled to vote for members of the General Assem- bly and other civil officers for the county or district in which he may re- side; provided that no person shall be disqualified from voting at any election on account of color who is now by the laws of this State a com- petent witness in the courts of justice against a white man. A free man of color shall be exempt from military duty in time of peace, and also from paying a free poll tax." Section 3 of article IX was entirely new, and read: "Any person who shall fight a duel, or knowingly be the bearer of a challenge to fight a duel, or send or accept a challenge for
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