USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 61
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" Besides the just causes of war daily given by these two faithley nations, we conceive it essential to call to your recollection their two: powerful invasions of this country ;. the first in September, 1792,.com- sisting of one thousand Creeks and Cherokees, who, on the 80th of that month, attacked Buchanan's Station, within five miles of Nashville, and were repulsed. The second, in September, 1793, consisting of nine hundred, who, on the 25th of that month, attacked Cavet's Station, within eight miles of Knoxville, and, in a manner too shocking to re- late, murdered Cavet and his family, thirteen in number.
"Scarcely, they said, is there a man of this body, but can recount a dear wife or child, an aged parent or near relation, massacred by the hands of these blood-thirsty nations, in their houses or fields ; nor are our neighbours and friends less miserable. They, too, can enumerate the suffering of equal calamities. Such have been, they say, the suf- ferings of your fellow citizens resident in this Territory, more than ought to be imposed on men, who, by their joint exertions with the citizens of the United States at large, have acquired freedom and independence.
" They rejoiced in the vigorous measures which Congress were about to take against the rapacious and enslaving Algerines, and concluded with reminding Congress that the citizens who live in poverty on the extreme frontiers, were as much entitled to be protected in their lives, their families and little property, as those who were in luxury, ease and affluence in the great and opulent Atlantic cities. The Governor then prorogued the Assembly to the fourth Monday in August."*
This memorial from the representatives of the people was referred to a committee of the United States Congress, which, through their chairman, Mr. Carnes, reported : " That
* Haywood.
.628
LEGISLATIVE COUNCIL.
from the representations made to them, the condition of the Territory called for the most energetic measures, and they recommended that the President should be authorized to call out an adequate military force to carry on offensive opera- tions against any hostile tribe, and to establish such posts and defences as would be necessary for the permanent secu- rity of the frontier settlers."
Hitherto, the Governor and Judges had exercised not only 1794 executive and judicial, but legislative powers. The ( Ordinance, by the United States in Congress assem- bled, for the government of the Territory south of the Ohio, provided that the Governor and Judges, or a majority of them, shall adopt and publish in the District, such laws of the original states, criminal and civil, as may be necessary and best suited to the circumstances of the district, "and report them to Congress from time to time, which laws shall be in force in the district until the organization of the Gene- ral Assembly therein, unless disapproved of by Congress ; but afterwards, the Legislature shall have authority to alter them as they shall think fit." The Ordinance further de- clared that the Legislature should consist of the Governor, Legislative Council, and a House of Representatives, and specified how the latter bodies should be selected. This having been done, on Monday, the twenty-fifth day of Au- gust, 1794, the General Assembly of the Territory of the United States of America, south of the Ohio, met at Knox- ville.
LEGISLATIVE COUNCIL .- The members nominated by the Represen- tatives of the people, and commissioned by the President of the United States as Legislative Councillors for said Territory, appeared, produced their credentials, and took their seats, to-wit :
The Honourable Griffith Rutherford, " John Sevier,
James Winchester,
16
Stockley Donelson, 3
Parmenas Taylor.
Adjourned till to-morrow, 10 o'clock. Honourable Griffith Rutherford was unanimously elected President, and conducted to the Chair. George Roulstone was, by ballot, elected Clerk, and qualified accord- ingly.
Christopher Shoat was chosen Door-keeper.
A message from the House of Representatives :
1
. 624.
PARLIAMENTARY QULA.
Mr. President and Gentlemen of the Council :- This House is now formed and ready to proceed on the. public business, and wish to know if you are met and prepared to receive communications from the House of Representatives.
On motion . of Mr. Winchester, Mr. Sevier was appointed to confer with such member or members of the House of Representatives as they may join, and report what rules are necessary to be observed in doing · business, between the Council and House of Representatives.
HOUSE OF REPRESENTATIVES .- Monday, the twenty-fifth day of An- gust, 1794, being the day appointed for the meeting of the Representa- tives of the people of this Territory. the following members appeared and took their seats, viz : David Wilson, James White, James Ford, William Cooke, Joseph McMinn, George Rutledge, Joseph Hardin, George Doherty, Samuel Wear, Alexander Kelly and John Baird.
The session commenced by a suitable and well-adapted prayer, by. the Rev. Mr. Carrick.
On motion of Mr. Hardin, seconded by Mr. Doherty,
Ordered, That the following message be sent to his Excellency, Wil- Ham Blount, Faq. :
Sir :- The House of Representatives are now met agreeably to you. prorogation, and ready to proceed to business.
Ordered, That Messrs. Hardin and Wear wait on his Excellency with the above message.
. At its next meeting, on the following day, the House adopted "rules of decorum," to be observed by its members. The curious in such matters may wish to know what these rules were, in the infancy of legislation in the country, and for their gratification, some of them are here given :
Ist. When the Speaker is in the Chair, every member may sit in his place with his head covered.
2d. That every member shall come into the house uncovered, and shall continue so at all times, but when he sits in his place.
3d. No member, in coming into the house, or removing from his place, shall pass between the Speaker and a member speaking, nor shall any member go across the house, or from one part thereof, to the other, whilst another is speaking.
4th. When any member stands to speak, he shall stand in his place uncovered, and address himself to the Speaker; but shall not proceed to speak until permitted so to do by the Speaker, which permission shall be signified by naming the member.
5th. When any member is speaking, no other shall stand or inter- rupt him ; but when he is done speaking, and taken his seat, any other member may rise, observing the rules.
6th. When the Speaker desires to address himself to the house, he shall rise, and be heard without interruption, and the member then speak- ing, shall take his seat.
7th. When any motion shall be before the house, and not perfectly understood, the Speaker may explain, but shall not attempt to sway the house by arguments or debate.
625
BILLA SUBMITTED TO LEGISLATURE.
1
8th. He that digresseth from the subject, to fall on the person of any member, shall be suppressed by the Speaker.
10th. Exceptions taken to offensive words, to be taken the same day they shall be spoken, and before the member who spoke them shall go out of the house.
16th. If there shall be an equality of votes for, and against any ques- tion, the Speaker shall declare whether he be a yea or nay ; but shall, in no other case, give his vote.
18th. Upon adjournment, no member shall presume to move, until the Speaker arises and goes before."
The House of Representatives having thus adopted rules 1794
§ for the government of its own members, proceeded, at once, on motion of Mr. Cocke, to appoint a committee "to consider and report as soon as possible, what bills of a pub- lic and general nature are necessary to be passed into laws, the present Assembly." Mr. White, Mr. Cocke, Mr. Hardin, Mr. Wear and Mr. Doherty, were the committee. Mr. Sevier had been appointed on the part of Council, "to act with such member or members of the House, as a committee, to report the rules necessary to be observed in doing business" be- tween that body and the House. Mr. White and Mr. Rut- ledge were appointed to confer with him. This joint com- mittee afterwards made the following report :
" That it is proper for this House to send any message by a member of this House, to the Council or the Clerk, to be deli- vered to the President of the Council or the Chairman. That when a bill is to be sent to the Council, it shall be taken by two of the Representatives, to be delivered in the same man- ner. That no bill shall be debated or rejected on its first reading. That no bill being once rejected, shall be again ta- ken up the same session."
.
Rules regulating the intercourse of the two Houses being thus provided, Mr. Sevier and Mr. Winchester were ap- pointed on the part of the Council, to join the House Com- mittee, to prepare business for the Assembly. It was at once in medias res, and on the 28th, through its Chairman, Mr Hardin reported, " An act to regulate the militia of this Ter- ritory ; an act to establish the judicial courts, and to regu- late the proceedings thereof; an act making provision for the poor ; an act to enable executors and administrators to make rights for lands due upon bonds of persons deceased ;
40
626
MEMBERS FROM KNOX COUNTY ABSENT,
an act declaring what property is to be taxable, and the mode of collecting the tax thereon ; an act to levy a tax for the support of Government for the year 1794 ; and an act to provide for the relief of such of the militia as have been wounded by the Indians in the late invasions."
·
This brief catalogue of enactments necessary for the peo- ple of the Territory, presented to the consideration of its Legislature, and, perhaps, in the exact order and degree of the importance of each, the several subjects that were deemed of primary moment, and demanded prompt and im- mediate action.
The instincts, the sagacity and discernment of the consti- tuents, had not been at fault in the selection of their public servants. Perhaps no other deliberative body, was ever more distinguished for identity and familiarity with the interests, the wishes and the wants of those for whom they acted, and none could have surpassed them in honesty, promptness and zeal.
Committees were at once raised in each House, to whom was referred one of the subjects already enumerated. They seem to have been constituted with a wise and patriotic reference to the qualifications, experience and past pursuits of the members. On the bill to regulate the militia of the Territory, the House appointed, on the fourth day of the ses- sion, Wear, Taylor and Doherty, each of whom had been actively engaged as officers in the service of the country, and with them the Council associated Colonel Winchester. On the Committee on the Judiciary, Mr. White and Mr. Cocke. To make provision for the poor, Mr. Hardin and Mr. Tipton To levy a tax for 1794, Mr. Rutledge and Mr. Mc- Minn. To declare what property is taxable, Mr. Hardin and Mr. Ford ; and to provide relief for wounded militia, Mr. Doherty and Mr. Wear.
In justice to the members of Knox county, whose names do not appear upon any of these committees, it ought to be mentioned that, on Wednesday, the third day of the session, " on motion of Mr. Kelly, seconded by Mr. Hardin, ordered, that Mr. Kelly and Mr. Beard have leave of absence, to go on a scout against the Indians." These gentlemen held commis- sions in the militia of Knox county, and, on account of their
1
.
827
ON A BOOUT AGAINST THE INDIANS.
gallantry and public spirit, had been honoured with seats in the House of Representatives. A threatened incursion of hostile Cherokees, made it necessary for them to lay down their legislative and resume their military functions. And, upon the motion of one of them, Mr. Kelly, his colleague and himself had leave of absence. In a week from that time, " Mr. Kelly returned and took his seat." Mr. Beard had returned the day before.
To General Sevier, of the Council, is due the paternity of a bill, " for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring, for them- selves and families, subsistence, in the militia of this Terri- tory; and providing for the widows and orphans of such as have died." He had been, as we have already narrated, actively employed in the military service, and knew well the sacrifice of treasure and of blood which the martial spirit of his countrymen had occasioned, and the havoc which, by the gallantry of his fellow-soldiers, had been made upon the com- fort, and property, and lives, of those he represented.
To an enlightened Representative from Davidson county, is due the immortal honour of having made the first legisla- tive effort, in the Territorial Assembly, in behalf of Learning. On the 29th of August, "Mr. White moved for leave, and presented a bill to establish a University in Greene county ; read for the first time, passed, and sent to the Council." Four days after, the bill became a law, creating a Literary Institution, though under a less imposing name, Greeneville College. The preamble to the act of incorporation follows ;
" Whereas, in all well-regulated governments, it is the incumbent duty of the Legislature to consult the happiness of the rising genera- tion, and endeavour to fit them for an honourable discharge of the social duties of life, by paying the strictest attention to their education, Be it enacted by the Governor," &c.
The act appoints the Rev. Hezekiah Balch, President of the College, and locates it upon his farm. The Trustees are-" Hezekiah Balch, Samuel Doak, James Balch, Samuel Carrick, Robert Henderson, Gideon Blackburn, Archibald Roane, Joseph Hamilton, William Cocke, Daniel Kennedy, Landon Carter, Joseph Hardin, Sen., John Rhea and John Sovier." The law invests these Trustees with the usual
,
DOCTOR WHITE ELBOTED THE TERRITORIAL DELEGATE.
powers of such corporations, and authorizes them to make such laws for its government, as "to them may appear necessary for the promotion of learning and virtue ; pro- vided the same be not contrary to the unalienable rights of human nature, or the laws of the Territory."
On the same day, Mr. Doherty presented a petition from the inhabitants south of French Broad River, setting forth their right of occupancy to their lands, and praying that their case may be laid before Congress." This subject after- wards became a fruitful source of complaint and tedious legislation, the details of which will be elsewhere given.
On Saturday, the 30th, the House adjourned to Monday, seven o'clock. A working Legislature, truly !
In 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." The details of that transaction are here extracted from the Journals.
. Resolved, That the balloting for the Delegate to Congress take place to morrow, at ten o'clock, and that the following message be sent to the Council :
Mr. President and Gentlemen of the Council :- We propose to bal- lot to-morrow, at ten o'clock, at the Court House, for a Delegate to Congress, and on our part appoint Messrs. Taylor and Doherty to su- perintend the balloting. The Council concurring, Mr. Taylor was ap- pointed to conduct the balloting on their part. On the 3d, Mr. James White, of Davidson county, was elected by a majority of both Houses, Delegate to Congress.
On the petition of the inhabitants south of French Broad, your Com- mittee report that the said inhabitants ought to have all the assistance in the power of this House to give towards securing them in their im- provements. That as the disposal of the soil rests in Congress, it will be proper for this Assembly to draw up a memorial to that body, stating the facts as may induce them to secure the said inhabitants in a right of pre-emption, and pray that an Act of Congress may be passed for that purpose.
Both Houses adjourned to-day, to meet to-morrow at 7 o'clock.
Sept. 4 .- Mr. Cocke moved for leave, and presented a Bill for the establishment of - -College in the vicinity of Knoxville.
The blank was afterwards filled with. Blount, and on the tenth of September, the bill establishing Blount College be- came a law. Next to Mr. White, the friends of learning are indebted to one of the representatives from Hawkins, Mr
,
629
MAMBERS FINED ONE SHILLING FOR ABSENCE.
Cocke, for his early care and prudent foresight in laying broad and deep a foundation for the intellectual improve- ment of the young men of the Territory. Blount College has since become the University of East Tennessee, and the laudable curiosity to see the incipient efforts of the first pa- trons of literature and science in the West, shall be gratified with some extracts from
An Act for the establishment of Blount College, in the vicinity of Knoxville :
Whereas, the Legislature of this Territory are disposed to promote the happiness of the people at large, and especially of the rising genera- tion, by instituting seminaries of education, where youth may be habi- tuated to an amiable, moral and virtuous conduct, and accurately in- structed in the various branches of useful science, and in the principles of the ancient and modern languages.
Section 1. Be it enacted by the Governor, Legislative Council and House of Representatives of the Territory of the United States of Ame- rica, south of the River Ohio, That the Reverend Samuel Carrick, Presi- dent, and his Excellency William Blount, the Honourable Daniel Smith, Secretary of the Territory, the Honourable David Campbell, the Hon- ourable Joseph Anderson, General John Sevier, Col. James White, Col. Alexander Kelly, Col. William Cocke, Willie Blount, Joseph Hamil- ton, Archibald Roane, Francis A. Ramsey, Charles McClung, George Roulstone, George McNutt, John Adair and Robert Houston, Esquires shall be, and they are hereby declared to be a body politic and corporate,, by the name of the President and Trustees of Blount College, in the vicinity of Knoxville.
On account, probably, of some unknown infraction of par- liamentary law, the House, on the 8th,
Resolved, That whenever this House shall render a list of absent members to the door keeper, to warn them to attend, that each member so mentioned and warned, shall pay one shilling to the door-keeper for his trouble.
This fine would appear inadequate for either of the pur poses intended by it, if we fail to consider the difference between the per diem of members and door-keeper in the Assembly of 1794, and their pay in 1850.
As further evidence of the diligence and application of members to their legislative duties, it may be mentioned that on the 5th, 8th, 9th, 10th and 11th, the House adjourned to meet the succeeding days at 7 o'clock, A. M., and the Coun- cil regularly at 9 o'clock.
On the 5th, the House concurred with the Council in " their
630
PRIMITIVE TIMES IN KNOXVILLE.
proposition in the two Houses meeting, and to take int their consideration whether the laws of North-Carolina ar now in force and use in this Territory," and proposed the the conference be at the Court House at four o'clock." Am ther proof of the fidelity with which these servants of th people despatched their public duties. The Court Hous where this conference was proposed, and where the tw Houses had met together for the election of a Delegate 1 Congress, was a small one-story building, about thirty fe long and twenty-four broad. The Council met in the ba: rack. The house in which the Assembly held its session was sometimes in another room of the barrack, and oca sionally the large room of Carmichael's Tavern, on Cumbe land-street, and now owned by Major Swan. Neither the buildings was sufficiently spacious to allow a joint ba lot or joint conference of the two bodies, and on these occt sions each left its own chamber and repaired to the Cour House. These were primitive times in Knoxville. Les than fifty families lived there then. Mr. Stone kept taver on what is now known as Park's Corner, and his was th very northern boundary of the town. Nathaniel Cowa lived at the corner of Water-street, not far from what is nov Churchwell's Mill, and most of the buildings were in tha part of the place near the river. Many members boarder in the country, and walked morning and night to and fron their quarters. A carriage was unknown in that day upor the frontier, and would have attracted more attention, and occasioned more remark, than a steam-car would in 1850 upon the top of Chilhowee.
In the Council, "Mr. Donelson, from the Committee ap. pointed to make an estimate of the expenses for the year 1794, reported that the probable expenditures for said year will amount to two thousand three hundred and ninety dol. lars." This financial estimate was for the whole Territory and fifty-six years afterwards, the estimate would be consid- ered small for a single county in Tennessee. So true is it, with regard to communities as with individuals-the natural wants of man are few and easily supplied, while those that are artificial, are at once numberless and insatiable.
681
H. L. WHITE, PRIVATE SECRETARY OF BLOUNT.
Sept. 10, 1794 .- Received from his Excellency, the Governor, the following message :
KNOXVILLE, Sept. 1, 1794.
Mr. President and Gentlemen of the Legislative Council, and Mr. Speaker and Gentlemen of the House of Representatives : .
Herewith, by the hands of Mr. Hugh White, my Private Secretary, you will receive an act entitled an act, &c., &c., to which I have given my as- sent. My Private Secretary being now officially made known to you, I shall, in future, cause the acts to which I give my assent, to be delivered by him to you, without any written message, and having obtained your signatures, to deliver the same to the Secretary of the Territory.
WM. BLOUNT.
Sept. 12 .- Mr. White, from the Committee appointed to draw up a memorial to Congress in favour of the people south of French Broad, presented the following memorial :
To the Honourable, the Senate and House of Representatives of the United States, in Congress :
The memorial and petition of the inhabitants living south of French Broad River, sheweth, That your memorialists have settled on va- cant lands, lying on the south side of French Broad River, and which was granted to the people of this country, by the Indians, at different times.
First. At the treaty of Dumplin Creek, held with John Sevier, Esq., at which time, the Indians received a compensation in clothing and other articles, for said land ; and in the year following, the same Indians did, in a fresh treaty, held with them at Coyatee, confirm the grant afore- mentioned. That, in consequence of these treaties, made under a then existing authority, your petitioners were induced to settle on the land so granted, which they cultivated with great labour and expense, and es- tablished within the bounds thereof, large and improved possessions. This memorial further sheweth, That the country aforesaid has been ceded to the United States, partly, at the treaty of Senaca, and finally, at the succeeding treaty of Holston. Your memorialists, therefore, peti- tion Congress to make them secure in their labour and improvements, whenever Congress may think it expedient to open a Land-office, by granting them a right of pre-emption to their hard-earned improve- ments and possessions.
AND WHEREAS, numbers of these petitioners have been induced to be- lieve, that Congress would confirm such warrants or grants as had issued from the State of North-Carolina, and, therefore, have purchased the same, and laid them on their lands ; they pray that Congress may per- mit them to hold their lands by such warrants, but that the justice and goodness of your honourable body will provide, that no stranger may, by such warrants, take from the holder and improver of the land, his pos- sessions, the right of which ought to be derived through Congress.
The Assembly adopted and sent forward to Congress, a long memorial on the subject of the existing Indian war.
To this memorial was appended "a list of the names of
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689
WAGES OF MEMBERS OF LIONLATUML
persons killed, wounded and captured, and horses stolen, since the 26th day of February, 1794." The list comprises: killed, 67; wounded, 10 ; prisoners, 25 : and horses . stolen, 376, estimated at $18,700.
On the 18th, 19th, 20th, 26th and 27th, the House ad- journed to meet at seven o'clock the succeeding morning. Such an economical devotion of its time to public business, and such indefatigable attention to legislative duty, would seem to require some corresponding pecuniary compensation. As their session approached its termination, it was
Resolved, That the wages of the members, clerks and door-keepers of both houses, be estimated as follows :
For each member per day,
- $ 50
" each clerk 66 2 50
4 each clerk for stationery,
25 00
" door-keeper per day, 1 75
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