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 41
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 41
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 41
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 41
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 41
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 41
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 41
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12583
12008
James
9017
7309
8953
11801
12076
13204
16043
19476
15846
Knox
12446
10171
13031
-14498
15485
18807
22813
28990
39124
Lake.
Lauderdale ..
3435
5169
7559
10838
14918
Lawrence
3271
5411
7121
9280
9320
7601
10383
Lewis.
2181
Lincoln.
6104
14761
22075
21493
23492
22823
28050
26960
Loudon
9148
Macon ...
6948
7290
G633
9321
Madison
11594
16530
21470
21535
23480
30874
Marion
3888
5508
6070
6314
6190
6841
10910
Marshall
14555
15616
14592
16207
19259
Maury.
10359
22089
27665
28186
29520
32498
36289
39904
McMinn
1623
14460
12719
13906
13555
13969
15004
McNairy
9385
12864
14,32
12726
17271
Meigs
4791
4879
4667
4511
7117
Monroe.
2529
13708
12056
11874
12607
12589
14283
*Montgomery
1357
2999
8021
12219
14349
16927
21015
20895
24747
284-1
Moore ....
6233
Morgan.
1676
2582
2660
3430
3353
2969
5156
Obion
2009
4814
7633
12817
15584
22912
Overton
5043
7128
8242
9279
11211
12637
11297
12153
2384
7094
74419
5821
6012
6925
7174
Pickett.
Polk.
3570
633S
8726
7309
2504
4 215
8186
3985
4415
4991
5533
7073
5581
7895
11341
10948
12185
13583
15622
15237
7270
9938
13272
13801
16145
15265
16166
18~€2
10265
19552
26134
14280
29122
27918
332-9
36741
Scott ...
3519
4064
0021
Sequatchie.
2120
2335
2565
Sevier.
3619
3419
4595
4772
6717
6442
6920
9122
11028
15541
Shelby.
364
5648
14721
31157
48092
70378
78430
5660
7020
7148
9098
Hardin
1462
4868
8245
10328
11214
11768
14793
Fayette ..
8652
21501
26719
24327
26145
31871
Hancock
12249
14906
18233
19133
20380
22142
5187
.Johnson
2658
3705
5018
5852
7766
Dickson
4516
5190
7265
Dyer ...
2773
3093
3250
Hamblen.
10187 23642
Hardeman ...
Jefferson
2428
3968
4438
2241
1986
Perry.
Putnanı
8558
8698
11501
Rhea
Roane ...
Robertson Rutherford
4280
1905
*Tennessee County.
Claiborne ..
6987
Cocke
8184
Davidson ..
6003
5868
7367
5697
7163
HISTORY OF TENNESSEE.
361
AGGREGATE POPULATION OF THE STATE.
COUNTIES.
1790.
1800.
1810.
1820.
1830.
1840.
1850.
1860.
1870.
1SSO.
Smith.
4294
11649
17580
19906
21179
18412 9719
16357 9896
15994
1799
Stewart
4447
10218
4262 6847
7015
10073 20569
10736
11742
13552
13136
IS321
Sumner
2196
4616
13729
19211
5317
6800
10705
14884
21033
Trousdale.
6646
Unicoi ..
3645
Union.
6117
7605
10260
Van Buren
5725
10384
15210 10995
10803 11751
2674 10179 13861
25SI 11147 14829
12714
14079
Washington
5872
6379
7740
9557
6013
7705
8170
9115
10209
11301
Weakley
4028
8701
9987
11444
9361
9375
11176
Williamson
2868
13153
20640
26638
27006
27201
23827
25328
28313
Wilson ..
3261
11952
18730
25472
24460
27413
20072
25SS1
28747
Totals ..
35691
105602
261727
422771
681904
829210 1002717 1109801
1258520 : 1542359
THE FORMATION OF COUNTIES.
NAMES.
Date of Cre- ation.
FROM WHAT FORMED.
IN WHOSE HONOR NAMED.
Washington
1777
Wilkes and Burke Cos., N. C ....
Sullivan ..
1779
Washington Co.
Greene ...
1783
Washington Co.
Gen. Nathaniel Greene.
Davidson
1783
Greene Co.
Gen. William Davidson. Col. Jethro Sumner.
Sumner ...
1786
Davidson Co
Hawkins.
1786
Sullivan Co.
Indian name Tenassee.
Jefferson
1792
Greene and Hawkins Cos
Thomas Jefferson.
Knox
1792
Greene and Hawkins Cos.
Gen. Henry Knox.
Sevier
1794
Jefferson Co ...
Gov. John Sevier.
Blount.
1795
Knox Co
Gov. William Blount.
Carter.
1796
Washington Co.
Gen. Landon Carter.
Grainger
1796
Hawkins and Knox Cos
Mary Grainger (Mrs. Blount).
Montgomery ..
1796
Tennessee Co.
Col. John Montgomery. Gen. James Robertson. Gen. William Cocke.
Smith ...
1799
Gen. Daniel Smith.
Wilson ..
1799
Sumner Co ..
Maj. David Wilson.
Williamson
1799
Davidson Co ...
Gen. Williamson, of N. C.
Anderson
1801
Roane
1801
Knox Co .....
Gov. Archibald Roane.
Claiborne
1801
Grainger and Hawkins Cos.
Jackson
1801
Smith Co.
Robertson and Montgomery Cos
Stewart
Montgomery Co
Gen. Andrew Jackson. William Dickson. Duncan Stewart. Gen. Rutherford of N. C. Col. Arthur Campbell.
Edmund Hickman, surveyor .. .
Rhea ..
1807
Roane Co.
Bledsoe.
1807
Roane Co ..
Franklin
1307
Bedford
1807
Warren
1807
White Co.
Williamson Co
Abram Maury. Parry W. Humphreys.
Humphreys Lincoln Giles.
1809
Maury Co.
Gen. William B. Giles, of Va.
Morgan ....
1817
Roane Co
Gen. Daniel Morgan.
Lawrence ..
1817
Hickman and Maury Cos.
Com. James Lawrence.
Marion.
1817
Cherokee Lands
Wayne ....
1817
Hickman and Humphreys C'os.
Hardin.
1819
Western Dist. under control of Stewart and Wayne Cos.
Monroe ..
1819 Cherokee Lands ..
McMinn
1819
Cherokee Lands
Perry ...
1819 Hickman Co.
Shelly
Hardin Co ..
Hamilton
1819 1819 Rhea Co ....
Henry
1821
Western Dist. under control of Stewart Co.|
Thomas Bedford.
Maury ..
1807 1809 1809
Bedford Co
Gen. Benjamin Lincoln.
Campbell
1806
Overton
1806
Jackson Co ..
White
1806
Hickman
1807
Knox and Grainger Cos
Hon. Joseph Anderson.
Dickson.
1803 1803
Rutherford
1803
Davidson Co ...
Anderson and Claiborne Cos.
Wilson, Smith, Jackson & Overton Cos. Dickson Co.
Gen. Gco. Washington. Gen. John Sullivan.
Tennessee
1788
Davidson Co ..
4797
9870 10747
14608
18216
20755
24538
White ..
6968
8587
12019
12690
Sullivan ..
22445
22717
22030
23711 23625
Tipton ......
27:25
2933
Warren ..
16317
16181
Wayne
2459
Robertson
1796
Tennessee Co.
Cocke.
1797 Jefferson Co. Sumner Co ..
Warren and Bedford Cos .. Rutherford Co.
Stewart C'o.
Gen. Francis Marion. Gen. Anthony Wayne.
Col. Joseph Hardin. James Monroe. Gov. Joseph MeMiun. Com. Oliver H. Perry. Isaac Shelby. Alexander Hamilton. Patrick Henry.
8397
362
HISTORY OF TENNESSEE.
THE FORMATION OF COUNTIES.
NAMES.
Date of Cre- ation.
FROM WHAT FORMED.
IN WHOSE HONOR NAMED.
Carroll
1821
Western Dist. under control of Stewart Co
Madison ..
1821
Western Dist. under control of Stewart Co.
Henderson
1821
Western Dist. under control of Stewart Co
Hardeman
1823
Hardin Co ..
Haywood
1823
Dyer ....
1823
Gibson.
1823 1523
Weakley
Fentress
1823
Obion.
1823
Tipton.
1823
McNairy.
1823
Fayette.
1824
Coffee ....
1835
Lauderdale
1835
Benton ..
Johnson
Meigs
1835
Cannon
1835
Marshall ..
1835
Bradley
1833
DeKalb
1837
Polk
1839
Van Buren.
1840
Putnam
1812 18-12
Lewis ..
18-13
Grundy
1844
Hancock
1911
Decatur.
1845
Scott
1849
#Union
1850
Cumberland 1855
Cheatham ... 1856
Sequatchie.
1837
Crockett
1870
Hamblen 1870
Trousdale
1870
Sumner, Macon, Smith and Williamson Cos. Jackson and Overton Cos.
Henry Clay. For Obion Lake.
Lake ..
1870
Obion Co.
Roane, Monroe and Blount Cos.
Fort London.
Houston.
1871
Dickson, Humphreys, Stewart and Mont- gomery Cos.
James
Hamilton and Bradley Cos.
Jesse J. James.
Moore
Lincoln and Franklin Cos.
Unicoi
1875
Washington and Carter Cos
Pickett.
1879
Overton and Fentress Cos ..
Chester 1870
Madison, Henderson, McNairy and Har- deniau Cos
Gov. William Carroll. James Madison.
Col. Thomas J. Hardeman. Judge John Haywood.
Col. Henry Dyer. Col. Thomas Gibson.
From Obion River. Jacob Tipton. Judge John McNairy
Col. James Lauderdale. Thomas H. Benton.
Return J. Meigs. Gov. Newton Cannon.
Baron De Kalb.
James K. Polk. Martin Van Buren. Israel Putnam.
Macon
Maury. Lawrence, Wayne and Hickman
Meriwether Lewis.
Franklin, Coffee and Warren Cos.
Claiborne and Hawkins Cos
Perry Co ....
Anderson, Campbell, Fentress and Morgan! Grainger, Claiborne, Campbell, Andersonį and Knox Cos. White, Van Buren, Bledsoe, Rhea, Roane, Morgan and Putnam Cos.
Davidson, Robertson and Montgomery Cos. Hamilton Co
Gibson, Haywood, Dyer and Madison Cos. Grainger, Jefferson and Hawkins Cos ....
David Crockett. Hezekiah Hamblen. Gov. William Trousdale.
Clay.
1870
Loudon 1870
Gen. Sam Houston.
1871 1872
White, Warren, Canton, Wilson, Jackson.i Bradley and MeMinn Cos ..
White, Warren and Bledsoe Cos.
White, Overton, Jackson. Smith, DeKalb. Smith and Sumner Cos ..
1835 1835 Carter Co.
Western Dist. under control of Stewart Co. Western Dist. under control of Stewart Co. Western Dist. under control of Stewart Co. Western Dist. under control of stewart Co. Overton and Morgan Cos.
Western Dist. under control of Stewart Co. Western Dist. under control of Stewart Co. Western Dist. under control of Stewart Co. Hardeman and Shelby Cos.
Warren, Franklin and Bedford Cos.
Humphreys and Henry Cos
Bedford, Maury, Lincoln and Giles Cos ..
Felix Grundy. John Hancock. Com. Stephen Decatur
Gen. Winfield Scott.
*This, as well as several other counties, was not organizel for a few years after the passage of the act cre- ating it.
363
HISTORY OF TENNESSEE.
CHAPTER XII.
THE BENCH AND BAR OF TENNESSEE-THE JUDICIAL SYSTEM OF THE WATAUGA ASSOCIATION-THE COURTS ESTABLISHED BY NORTH CAROLINA-EXTRACTS FROM THE EARLY RECORDS-JURISDICTION-THE CONFLICT OF AUTHORITY AT WATAUGA-COUNTY, DISTRICT, SUPREME AND UNITED STATES COURTS -JUDICIAL PROCEDURE UNDER THE TERRITORIAL. GOVERNMENT-THE AD- MINISTRATION OF JUSTICE UNDER THE CONSTITUTIONS-EXPENSES OF THE JUDICIARY-ILLUSTRATIVE ANECDOTES-EQUITY AND APPELLATE TRIBU- NALS -- FORMATION OF CIRCUITS-PROFESSIONAL CHARACTER OF THE MORE EMINENT PRACTITIONERS.
T THE early judicial system of Tennessee was modeled after that of North Carolina. In fact the system was established while the Ter- ritory was still under the jurisdiction of that State. But the first court established in what is now Tennessee was an entirely original creation of the Watauga settlers, and was formed to meet the exigencies of that fron- tier colony. It consisted of five members, embracing, it is believed, the following persons: John Carter, Charles Robertson, James Robertson, Zach Isbell and John Sevier, with W. Tatham, as clerk. The jurisdic- tion of this court included the legislative, the judicial and the executive functions of the infant government. All of the judges, or commissioners as they were sometimes called, were men of distinguished ability, and under their rule the colony experienced a peace and prosperity which it did not again know for many years. This court continued to exercise its authority until 1777, when in April of that year the General Assembly of North Carolina passed an act for the establishment of courts of pleas and quarter sessions, and also for appointing and commissioning justices of the peace and sheriffs for the several courts in the district of Wash- ington. In the following November the district of Washington was organized into a county. The act and its amendments establishing the court of pleas and quarter session defined their jurisdiction as follows: "The court of pleas and quarter session shall have original jurisdiction to hear all cases whatsoever at the common law within their respective counties when the debt exceeds £5, breaches of the peace and other mis- demeanors of what kind soever of an inferior nature, and all actions of detinue, trover, suits for filial portions, legacies and distributive shares of intestate estates and all other matters relating thereto." In addition to this they were invested with the powers and duties of a court of probate, and later the establishment of roads, ferries and the like was imposed upon them. They also had appellate jurisdiction in all cases tried before a
364
HISTORY OF TENNESSEE.
single justice. This court was composed of all the magistrates within its jurisdiction, all of whom sat together, but any three of whom were a sufficient number to transact business. A single justice had original jurisdiction to hear all cases brought for debt of £5 or under, and could also try all misdemeanor cases coming under the jurisdiction of the court of pleas and quarter sessions. Superior courts were established by the General Assembly of North Carolina in 1767. They were composed of three judges, two of whom were sufficient to hold court. They had orig- inal jurisdiction in cases brought for debts of £100 or more, where the parties to the suit lived in the same district. If the parties lived in different districts the limit was placed at £50. These courts also had original jurisdiction over all crimes of a serious nature, and appellate jurisdiction in all cases from the courts of pleas and quarter sessions.
The first court of pleas and quarter sessions in Washington County met in February, 1778. The following extract is from the journal of that court at its first session, Washington County, February 23. " Court Journal: At a court begun and held for the county of Washington, February 23, 1778; Present, John Carter, chairman; John Sevier, Jacob Womack, Robert Lucas, Andrew Greer, John Shelby, George Russell, William Bean, Zachariah Isbell, John McNabb, Thomas Houghton, William Clark, John McMahan, Benjamin Gist, John Chisholm, Joseph Willson, William Cobb, James Stuart, Michael Woods, Richard White, Benjamin Willson, James Robertson and Valentine Sevier, Esquires. On Tuesday, next day, John Sevier was chosen clerk of the county; Valen- tine Sevier, sheriff; James Stuart, surveyor; John Carter, entry taker; John McMahan, register; Jacob Womack, stray master, and John McNabb, coroner. William Cocke, by W. Avery, moved to be admitted clerk of Washington County, which motion was rejected by the court, knowing that John Sevier is entitled to the office. The following extracts serve to show the prompt and vigorous manner in which this court dis- pensed justice:
THE STATE, - IN TORYISM.
78.
It is the opinion of the court that the defendant be imprisoned during the present war with Great Britain, and the sheriff take the whole of his estate into custody, which must be valued by a jury at the next court, one-half of said estate to be kept by said sheriff for the use of the State, and the other half to be remitted to the family of defendant.
The following also appears upon the records of the Washington County Court:
1
On motion of E. Dunlap, State's attorney, that J. H., for his ill practices in harboring and abetting disorderly persons who are prejudicial. and inimical to the common cause of liberty, and frequently disturbing our tranquility in general, be imprisoned for a term of
365
HISTORY OF TENNESSEE.
one year. The court, duly considering the allegations alleged and objected against the said J. H., are of opinion that for his disorderly practices as aforesaid, from time to time, and to prevent the further and future practice of the same pernicious nature, do order him to be imprisoned for the term of one year, and is, accordingly, ordered into the cus- tody of the sheriff. On motion of E. Dunlap, Esq., that a sum of money of £1,500 cur- rent money due from R. C. to said J. H. for two negroes, be retained in the hands of said R. C., as there is sufficient reason to believe that the said J. H.'s estate will be confiscated to the use of the State for his misdemeanors, etc. The court, considering the case, are of opinion that the said moneys ought to be retained. On motion that commissioners ought to be appointed to take into possession such property as shall be confiscated. The court, on taking the same under consideration, do nominate and appoint John Sevier, Jesse Walton and Zachariah Isbell, Esqs., for the aforesaid purpose.
In some instances the action of these courts may have assumed or encroached upon the legislative prerogative, but these were stormy times and rigorous and energetic measures were necessary. In 1782 the dis- trict of Salisbury was divided, and the district of Morgan, which in- cluded Washington and Sullivan Counties, was established. Section 5 of the act creating the district is as follows:
AND WHEREAS, The extensive mountains that lie desolate between the inhabited parts of Washington and the inhabited parts of Berke Counties make the transportation of criminals from the former to the latter difficult, and on the way many frequently find means to break custody and escape; Wherefore, that offenders in said counties of Wash- ington and Sullivan may be more easily and certainly brought to justice, Be it enacted by the authority aforesaid, that one of the judges of the superior court and some other gentleman commissioned for the purpose, or one of them, twice in every year at the court house in Washington County, sit and hold a court of oyer and terminer and general gaol delivery for the trial of all criminal cases whatsoever within the limits of the courts of Washington and Sullivan Counties, one session thereof, beginning on the 15th day of February, and the other on the 15th day of August, and every session shall be continued by adjournment for five days exclusive of Sunday, uniess the business shall be sooner fin- ished, and said court shall possess and exercise as full and ample power and authority in all criminal matters within the limits aforesaid as the judges of the superior court of law possess and exercise in other districts, and shall also have power to receive and try appeals from the county courts of Washington and Sullivan Counties.
The first session of this court was begun and held on August 15, 1782, the Hon. Spruce McCay, presiding. Waightstill Avery, was ap- pointed attorney for the State, and John Sevier, clerk. How long this court continued is not definitely known, but if it continued until the establishment of a superior court in Washington District, it failed to ac- complish the purpose for which it was created: In writing of this period, Ramsey, who followed Haywood, says that violations of law were permitted to pass unpunished, except by the summary process of the regulators appointed for that purpose by the people themselves, and this is assigned as one of the causes for the organization of the State of Franklin. It is certain that soon after that act of the colonies had taken place, the Gen- eral Assembly of North Carolina taking notice of the disaffection existing in the western counties passed an act organizing the counties of Wash- ington, Sullivan, Davidson, and Greene into a judicial district, and ap-
23
366
HISTORY OF TENNESSEE.
pointed an assistant judge and an attorney-general for the Superior Court, which was directed to be held at Jonesboro. This with the other acts passed for the redress of their grievances were not sufficient to restore confidence to the disaffected colonists, and one of the first acts passed by the Legislature chosen for the State of Franklin established a judicial system. David Campbell was elected judge of the superior court and Joshua Gist and John Anderson, assistant judges. Soon after Gov. Sevier, by proclamation, announced the appointment of F. A. Ramsey, Esq., as clerk of the superior court. County courts were also established, and justices of the peace appointed. The salary of the judge of the su- perior court was fixed at £150 per annum, and that of the assistant judges. £25 for each court. By the early part of 1786 these courts were all or -. ganized. At the same time commissions had been sent to, and accepted by, several in Washington, Sullivan, and Hawkins counties as justices of the peace, under the authority of North Carolina, and by them courts were held and law administered as though the State of Franklin did not exist. In Greene County, and the new counties below it, men could not be found willing to accept the offered commissions .* Then the authority of Franklin was supreme and no conflict of jurisdiction occurred. It was very different elsewhere, and especially in Washington County, when those who adhered to the government of North Carolina were nearly, if not quite equal in numbers to the friends of the new State. Col. John Tipton refused. obedience to the new government, and under the authority of North Caro- lina held courts at Davis', ten miles above Jonesboro, on Buffalo Creek. Both superior and county courts were also held in Jonesboro by the judges commissioned by the State of Franklin. As the process of these courts fre- quently required the sheriffs to pass within the jurisdiction of each other. in the discharge of their official duties, collisions were sure to occur. But they did not confine themselves to these casual encounters. Whilst a county court was sitting at Jonesboro, for the county of Washington, Col. Tip- ton with a party of men entered the court house, took away the papers from the clerk and turned the justices out of court. Not long after a party of adherents to the new government went to the house where a county court was sitting under the authority of North Carolina and took . ) away the clerk's papers, and turned the court out of doors.+ The like acts were several times repeated during the existence of the Franklin' government. Frequently records were taken and retaken several times, and. in that way many valuable papers were lost, causing much annoy- ance and loss to persons interested in them.
In 1788 the government of Franklin came to an end and the au- thority of North Carolina was again undisputed. In May of that year.
*Ramsey. +Hay wood.
367
HISTORY OF TENNESSEE.
courts under the authority of that State were held in Greeneville without interruption, and Andrew Jackson, John McNairy, David Allison, Archi- bald Roane and Joseph Hamilton, who were licensed by North Carolina. were admitted as attorneys. The General Assembly of the previous year had elected David Campbell, a former adherent of Franklin, to be judge of the superior court for the district of Washington.
Whilst this conflict between the State of Franklin and North Carolina was going on, the people of the Cumberland settlement remained undis- turbed in their loyalty to the latter government. In 1783 the county of Davidson was organized and provision was made for the establishment of a court of pleas and quarter sessions. The governor of North Carolina commissioned Anthony Bledsoe, Daniel Smith, James Robertson, Thon- as Mulloy, Isaac Bledsoe, Samuel Barton, Francis Prince and Isaac Lindsey as justices to organize the court. The four last mentioned ac- cordingly met at Nashville October 6, 1783, and qualified in the fol- lowing manner: "The next junior to the senior member present men- tioned in the commission administered the oath of office prescribed for the qualification of public officers to the senior member, and then he to the others present." The remainder of the justices appeared and quali- fied at the next term of the court. Two years later an act was passed es- tablishing a superior court of law and equity for the county of Davidson to be held twice in each year and to have exclusive jurisdiction west of the Cumberland Mountains. The first session of this court was to have been held on the first Monday in May, 1786, but a young man only twenty-four years of age was appointed to be judge, who upon more ma- ture reflection becoming fearful that his small experience and stock of le- gal acquirements were inadequate to the performance of those great du- ties which the office devolved upon him, chose rather to resign than to risk the injustice to suitors which others of better qualification might certainly avoid .* This delayed the organization of the court, and it was not until November, 1788, that Judge McNairy, who was appointed to fill the vacancy, arrived in Nashville. The following is the first entry in the journal of the supreme court:
North Carolina-At a superior court of law and equity begun and held for the coun- ties Davidson and Sumner, at the court house in Nashville, on the first Monday in Novem- ber, 1788. Present, the Honorable John McNairy, judge. Proclamation was made com- manding silence under pain of imprisonment, while the judge proceeded in the public business.
The Court then appointed John McCay, clerk and Andrew Jackson, attorneys in behalf of the State for that term. During this year Tennes- see County was created and with Davidson and Summer Counties were
*Hay wood.
>
368
HISTORY OF TENNESSEE.
organized into the district of Mero,* at the same time the jurisdiction of the superior court was somewhat enlarged, and the salary of the judge increased.
A somewhat peculiar and yet wholesome regulation of legal practice was made by the General Assembly of North Carolina in 1786. An act was passed making it unlawful for either the plaintiff or defendant to em- ploy more than one attorney "to speak to any suit in court." It also made it lawful for any plaintiff or defendant to enter his own plea or de- fend his own cause, and, to encourage this practice, it was provided that "no instrument of writing which contained the substance should be lost or destroyed for want of form, any law to the contrary notwithstanding." A scale of attorneys fees in various cases was fixed by this act and any attorney convicted of taking more or greater fees than those established by law was suspended from practice for a term of one year.
Upon the organization of the Territory of the United States of Amer- ica south of the River Ohio, no material change was made in the courts. Those holding office under the authority of North Carolina generally continued to serve in the same capacity under the Territorial Govern- ment, though a new constitution and a new oath of office were required. The two judges of the superior court, David Campbell and John McNairy, were re-appointed by the President. Joseph Anderson was added as the third judge required by the ordinance establishing the Territory. That ordinance also provided that previous to the organization of the Legisla- tive Assembly, the three judges of the superior court, or two of them, should be associated with the governor in administering both the legis- lative and executive departments of the government. Judges Campbell and Anderson seem to have been the only ones who served in this capac- ity, Judge McNairy's name not appearing in any of their proceedings.
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