USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 63
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The general sentiment, however, was otherwise, and the Legislature, reflecting the opinion of the people at large, 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 sixty thousand inhabitants therein, the Gov- ernor be authorized and requested to recommend to the peo- ple 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 forming a constitution or form of government, for the per- manent government for the people who are or shall become residents upon the lands by the State of North-Carolina ceded to the United States." The act provides also, "That each member of Convention shall be entitled to receive the same wages as a member of this present session of As- sembly."
By an act passed by the Governor, Legislative Council and House of Representatives of the Territory, Knox county was divided and Blount county established. William Wal- lace, Joseph Black, Samuel Glass, David Craig, John Trim- ble, Alexander Kelly and Samuel Henry, were appointed Commissioners, to select the place for the county seat and erect county buildings. The act names the seat of jus-
644 GOV. VANDERHORST SUGGESTS ROAD FROM 80. CAROLINA.
tice, Maryville. This was out of respect to Mrs. Mary Blount, the wife of the Governor. The county was thus named for Governor Blount. The first Court was held at the house of Abraham Weaver. Blount county was attached to Hamilton District.
In September, of this year, Blount county Court first met at the house of Abraham Weaver. William Wallace, Wil- liam Lowry, Oliver Alexander, James Scott, David Craig and George Ewing, produced commissions from Governor Blount, appointing them magistrates for the county. Wil- liam Wallace was elected Chairman ; John McKee, Clerk ; Littlepage Simms, Sheriff ; William Wallace, Register; Robert Rhea, Coroner.
July 8 .- Up to this period, emigrants from North and South- Carolina had continued to reach the Territory, by the then usual channels of travel over the Yellow and Stone Moun- tains, and sometimes by the Good Spur route through Western Virginia and the valley of the Holston. On the 8th of July, Governor Blount submitted to the Council " several papers, respecting the opening of a wagon road from Buncombe Court-House, in North-Carolina, to this Territory," and re- commended this important measure to their consideration. The Council appointed a special committee, Messrs. Sevier; and Taylor, with whom the House associated Messrs. Wear, Cocke, Doherty and Taylor, to whom that subject was re- ferred. They report :
"Your Committee, to whom was referred the resolution of the An- sembly of South-Carolina, together with Governor Vanderhorst's and Blount's letters, on the subject of cutting and opening a road through the eastern mountains, report the following resolution :
Resolved, That his Excellency, Governor Blount, be authorized and directed to appoint three Commissioners, to meet the three Commission- ers appointed by the State of South-Carolina, to deliberate and consult on measures, for the purpose of cutting and opening a road through the eastern mountains, and report unto our next General Assembly the result of their conference ; also, the practicability and probable expense of cutting and opening the said read the nearest and best route through. the mountains."
The Governor was also authorized to draw " a sum out of the Treasury, not exceeding one hundred dollars," to defray, the expense of the Commissioners.
645
TERRITORIAL GOVERNMENT TERMINATES.
The consideration of other subjects before the Legisla- ture, was postponed. The conviction had become general, that the Territorial would soon be superseded by a State Government, and to its counsels and authority, the pre- sent Assembly chose to confide whatever was defective or immature in their own legislation. The session was a short one-but of thirteen days continuance.
The Council informed the House by message, " The bu- siness being about to be brought to a close, this evening, we propose that a message be sent to the Governor, informing him of the same, and request to be prorogued,"-which being concurred in by the House, the Governor sent the fol- lowing 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 Gentlemen of the House of Representatives :- The business of this session being completed, the General Assembly is pro- rogued, sine die.
" Given under my hand and seal, at Knoxville, July 11, 1795. WM. BLOUNT.
By the Gov .- THOMAS H. WILLIAMS, Pro Sec'y."
Governor Blount, in the reception of a liberal salary from the United States Treasury, and from the resources of an ample private fortune, had been able to indulge his disposi- tion to entertain freely and even elegantly. The style of his receptions was, necessarily, below that of Philadelphia and Wilmington, but it was from the condition of things, scarcely less expensive to the liberal host, who, in the infancy of society around and in Knoxville, left no means unemployed to manifest a hospitality at once worthy of the chief magis- trate, and creditable to the gentleman. The older citizens still refer to the last years of the Territorial Government, as furnishing models of refinement and etiquette, of gentility and polish, seldom seen in a new community. Not the up- start consequence, and assumed superiority of suddenly ac- quired wealth and unexpected promotion ; but the genuine politeness, ease, grace and cordiality, the result and accom- paniment of innate good feelings, sterling worth, and ad- mitted respectability. The court of Governor Blount was
thronged by strangers and gentlemen, visiting the sont of Government from, all parts of the Union, on hasiness.or for curiosity and pleasure. Levees and entertainmenta because frequent and. crowded ... There was wanting, of course, tho Parisian saloon, the servants in livery, and all of the exterior of a princely munificent entertainment. . But then, there was what is far better-the cordiality and the absence of cere- mony, and the warm-hearted and brotherly greeting, without which, all the attraction of conviviality. are emptyand valueless.
At such assemblages, each guest felt, himself the Go- vernor's favourite. "Conscious private, worth and capacity. and fidelity in the public service, were assured of. his regard ; and his civility, though clad in the plainest garh, or presented in the Hunting shirt or seen in a lese imposing exterior. Then
** Twas worth thas made the mic And wheat of it the fellow."
647
THE STATE OF TENNESSEE.
CHAPTER VIII.
THE STATE OF TENNESSEE.
MORE than a quarter of a century had now passed, since 1796 the germ of civilization had been planted by the pio- ( neers of Tennessee upon the banks of the Watauga. Their progress westward has been given in the preced- ing pages, with such account of their civil and military annals, and their social advancement, as the limited supply of material within the writer's command, has enabled him to furnish. Under the simplest form of government, the patri- archal system of Robertson and Carter, and their associates on Watauga, we have seen the infancy of Tennessee-au- guring bright hope and brilliant expectation for its future. That hope and expectation we have seen gloriously realized in the active participation of the western volunteers in the American Revolution. With the establishment of their Na- tional Independence, we have noticed the origin and growth of empire in the West-the wish to govern themselves under a sovereignty purely western. We have traced the rise, progress and fall of the ancient Commonwealth of Franklin. We have given the history of the Territory of the United States south of the River Ohio. In all these varied periods · of her growth, we have seen much to admire, little to cen- sure or condemn, in the Annals of our proud State. Here and there a youthful indiscretion or a wrong-doing, which time, reflection and experience, have promptly corrected. Now and then, an act of disobedience, or a feeling of insub- ordination, soon after atoned for, by dutiful affection and filial regard ; always a manly assertion of the rights and privile- ges of grown-up sons, without a perverse and stubborn dis- position to cast off or rebel against rightful authority. An impatience, sometimes, to set up for and govern themselves, rather than wilful disobedience, filial impiety or unfraternal feeling. Her infancy, youth, boyhood, had been well passed,
and Tennessee had now attained the growth, and vigour, and strength, and stately proportions of a full grown manhood. Hereafter she will be noticed as a State, free, independent and sovereign, and a member of the American Union.
.. In accordance with the provisions of the act of the Terri- torial Government, of July 11,-1796; anienumeration of the inhabitants of the Territory was made. The results of that snameration are found in the following schedule, de dar- miked by Governor Bloant, and afterwards forwardedby Him to George Washington, President of the United States.
TERRITORY OF THE U. STATES OF AMERICA SOUTH OF THE RIVER OHIO. Schedule of the aggregate amount of each description of persons, taken agreeably to " An act providing for the enumeration of the inhabi- tants of the Territory of the United States of America south of the River Ohio ," passed July 11, 1795.
Free white Free white Free white males, 16 males under females, in-
Fears and
16 years.
cluding heads of families.
other free persons.
Jefferson County,. Hawkins County, Greene County,
1.706
9,225
3.021 4.767
119 147
776
7,840
714
316 634
Knox County.
2,721
2,723
3,664
100
2.265
11,573
1,100
2.013
2,578
4,311
995
978
10.105
873
145 125
1.803
2.340
8.499
38
777
8,457
715
Sevier County,
628
1.045
1.503
278
129
3,578
261
65
Blount County.
585
81
1.231
00
183
3,816
476
16
Davidson County,
728
695
- 1,192
6
992
3,613
96
517
Sumner County,
1.382
1.595
9.316
1
1.076
6,370
00
Tennessee County, -
380
444
700
19
398
1.941
00 58
16,179
19,944
29,554
973
10,613
77,962
6.504
2,509
.
1.507
9.903
3.350
466
7,688
560
495 128
Washington County, Sullivan County
.
2,666
3,979
2.472
13,331
1.661
upwarde.
amount
including
heads of families.
Slaves,
Total Yeas. Nays.
I, WILLIAM BLOUNT, Governor in and over the Territory of the United States of America south of the River Ohio, do certify that this schedule is made in conformity with the schedules of the sheriff's of the respec- tive 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.
From this enumeration it appears, that more than one- third of the voters in the Territory, were opposed to the formation of the State Government. This opposition was strongest in the Cumberland counties : only ninety-six in Davidson, and fifty-eight in Tennessee county, voting in its favour ; while east of Cumberland Mountain, the majority for the new State was large, approaching, in Blount and
019
GOVERNOR BLOUNT'S PROCLAMATION.
Sevier, almost to unanimity, occasioned probably by the peculiar situation of their land titles. Governor Blount and the officers of his government, were understood to be decidedly in favour of the State organization, and General Sevier and his adherents zealously so. "Sevier and his Cap- tains" were still omnipotent.
The Territory was found to contain more than the num- ber of inhabitants, requisite by the Ordinance creating it, to authorize the formation of a State Government, and Go- vernor Blount issued his 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 day of July last, entitled " An act providing for the enumeration.of the inhabitants of the Terri- tory 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 sixty thou- sand inhabitants therein, counting the whole of the free persons, inclu- ding 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 re- spective 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 the said Territory, as by the act directed, it does appear that there are sixty thousand free inhabitants therein, and more, besides other persons : Now I, the said William Blount, Governor, &c., do recommend to the people of the respective counties to elect five persons for each county, on the 18th 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 govern- ment.
And to the end that a perfect uniformity in the election of the mem- bers of convention may take place in the respective counties, I, the said William Blount, Governor, &c., do further recommend to the sheriff's or their deputies, respectively, to open and hold polls of election for mem- bers of convention, on the 18th and 19th days of December, as afore- said, in the same manner as polls of election have heretofore been held for members of the General Assembly ; and that all free males, twenty- one years of age and upwards, be considered entitled to vote by ballot for five persons for members of convention ; and that the sheriffs 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.
650
CONVENTION OF TENNESSEE
And I, the said William Blount, Governor, &c., 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 continue to be exercised in the same manner as if it had never been issued, until the convention shall have formed and published a constitution or permanent form of government.
Done at Knoxville, November twenty-eight, one thousand seven hun- dred and ninety-five.
W. BLOUNT.
By the Gov .- WILLIE BLOUNT, Pro Secretary.
In accordance with this proclamation, elections were held for five members of Convention, from each of the eleven counties in the Territory. These assembled on the day ap- pointed, Jan. 11, at Knoxville.
Besides the members, there was an immense gathering of the more enlightened, patriotic and influential citizens, from all parts of the Territory, and some from other states. Knoxville had never before contained more intelligence and weight of character. The occasion demanded wisdom and moderation, public spirit and public virtue-and these were there.
PROCEEDINGS OF THE CONVENTION OF 1796.
The following members appeared at Knoxville, produced their credentials, and took their seats, to wit :
From the County of Blount-David Craig, James Greena- way, Joseph Black, Samuel Glass, James Houston.
From the County of Davidson-John McNairy, Andrew Jackson, James Robertson, Thomas Hardeman, Joel Lewis.
From the County of Greene-Samuel Frazier, Stephen Brooks, William Rankin, John Galbreath, Elisha Baker.
From the County of Hawkins - James Berry, Thomas Henderson, Joseph McMinn, William Cocke, Richard Mitch- ell .*
From the County of Jefferson-Alexander Outlaw, Joseph Anderson, George Doherty, William Roddye, Archibald Roane.
* Mr. Mitchell still survives, and is believed to be the only living member of the Convention of 1796.
651
MEET# AT KNOXVILLE.
From the County of Knox -- William Blount, James White, Charles McClung, John Adair, John Crawford.
From the County of Sullivan- George Rutledge, William C. C. Claiborne, John Shelby, Jun., John Rhea, Richard Gammon.
From the County of Sevier-Peter Bryan, Samuel Wear, Spencer Clack, John Clack, Thomas Buckenham.
From the County of Tennessee-Thomas Johnston, James Ford, William Fort, Robert Prince, William Prince.
From the County of Washington-Landon Carter, John Tipton, Leeroy Taylor, James Stuart, Samuel Handley.
From the County of Sumner-D. Shelby, Isaac Walton, W. Douglass, Edward Douglass, Daniel Smith.
The Convention proceeded to the choice of a President, when William Blount was unanimously elected and conduct- ed to the chair. William Maclin was chosen secretary, and . John Sevier, Jun., reading and engrossing clerk. John Rhea was appointed door-keeper.
On motion of Mr. White, seconded by Mr. Roddye,-Or- dered-That the session commence to-morrow with prayer, and a sermon to be delivered by Rev. Mr. Carrick.
The rules for the government of the Convention were, with slight modifications, the same that had been adopted by the House of Representatives of the Territorial Assem- bly, Aug. 6, 1794.
The per diem of the members of the Convention had been fixed by the Territorial Legislature, at two dollars and a half; no provision, however, had been made for the pay of its secretary, printer, and other officers.
The Convention, on the second day of its session, exhib- ited a singular instance of disinterestedness and economy.
"On motion of Mr. Claiborne, seconded by Mr. Rut- ledge :
Resolved, That economy is an amiable trait in any government, and that in fixing the salaries of the officers thereof, the situation and re- sources 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
652
CONSTITUTION OF TENNESURE ADOPTED.
themselves, each one to the other, that they will not draw a greater sum out of the public treasury."
The second resolution was amended by substituting one dollar and fifty cents for ten shillings and sixpence, Virginia currency, and, thus amended, was unanimously adopted. On motion of Mr. Robertson, seconded by Mr. Ford, " Resolved, That the House proceed to appoint two mem- bers from each county, to draft a constitution, and that each county name their members."
Messrs. Craig and Black were nominated for Blount.
" McNairy and Jackson Davidson.
66 Frazier and Rankin 66 Greene.
Cocke and Henderson 66 Hawkins.
Anderson and Roddye Jefferson.
Blount and McClung
Knox.
Claiborne and Rhea 16 Sullivan.
66 Shelby and Smith
Sumner.
Wear and John Clack,
Sevier.
66 Johnston and Fort
Tennessee.
66 Tipton and Stuart 66 Washington.
"On motion of Mr. McMinn, the opinion of the House was taken, whether a Bill of Rights be prefixed to the Con- stitution ; and having decided that in the affirmative, the House directed the Committee to present as early as possi- ble a Declaration or Bill of Rights, to be prefixed to the Con- stitution."
Mr. Smith, Chairman, presented to the Convention a draft of the Bill of Rights. It was considered in Committee of the Whole, Mr. Robertson in the chair. In like manner, a draft of the Constitution was, on the 27th of January, " de- livered in at the Secretary's table and read." The next day it was taken up, referred to the Committee of the Whole, and considered and amended until the 6th of February, when " the engrossed copy of the Constitution was read and passed unanimously."
The debates of the Convention are not given in the Jour- nal. They are not to be found elsewhere. A single mem- ber of that patriotic body survives. Accounts, therefore, of its more minute transactions are meagre, and the details of
653
DEBATES OF THE CONVENTION.
the views of members, and their position upon subjects about which a conflict of sentiment had arisen, can be gathered only from the ayes and noes-as occasionally called for du- ring the session-and from the recollections of the few sur- viving contemporaries of these sages of 1796.
The session of the Convention was short, extending to only twenty-seven days. Its deliberations are said to have been marked by great moderation and unusual harmony, and to have been conducted throughout with singular cour- tesy, good feeling and liberality. The speeches of members were, therefore, probably few and short. They had met more with the purpose of deliberating for the public good, than for the exhibition of talents and eloquence.
· Early in the session, Mr. Outlaw presented a grave ques- tion to the Convention, viz : " whether the Legislature con- sist of two Houses." In Committee of the Whole, it was decided in the affirmative. On motion of Mr. McNairy, seconded by Mr. Cocke, a question of equal gravity was next considered, viz : " whether the two branches in the Legisla- ture shall consist of equal numbers and of equal powers, and if the whole number elected should be odd, then by bal- lot to determine to which House the odd member belongs." In Committee of the Whole, it was determined " that the legislative power be vested in two Houses, of equal num- bers and of equal powers ;" and so reported to the Conven- tion. This report was, however, re-considered the next day, on motion of Mr. McNairy, and seconded by Mr. Rhea, 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 amendment was concurred in by the Convention, but the next morning a re-consideration was again ordered, on motion of Mr. Rod- dye, seconded by Mr. Fort, and "two branches, a Senate and House of Representatives," again inserted. This amend- ment, too, was adopted by the Committee, on motion of Mr. Cocke, seconded by Mr. Jackson. " Mr. Anderson moved that the report of the Committee be amended, by striking out the word Senate, which passed in the negative."
"It was then moved by Mr. Claiborne, and seconded by .
.
654
DECISION ON SEVERAL QUESTIONS.
Mr. Carter, that the report be amended as follows : that the Senate have only a qualified negative, and that a bill, not- withstanding their dissent, shall become a law, provided two-thirds of the House of Representatives concur in its passage, which passed in the negative."
Later in the session, "it was moved by Mr. Outlaw, and seconded by Mr. Anderson, whether it is the sense of this House, that if we should not be admitted by Congress as a member State of the General Government, that we should continue to exist as an independent State." " Mr. Cocke moved the postponement of the question, which was objected to ; the question was then put, and carried in the affirmative"
An ineffectual attempt was made by Mr. Henderson, to extend the right of suffrage to "all persons who have done duty in the militia ;" and by Mr. Outlaw, "to all persons liable by law to do militia duty ;" and by Mr. Anderson, te change the system of voting by ballot to the viva voce plan.
The original draft of the Constitution, provided, in
" Article VIII, Sec. 1 .- Whereas, the ministers of the Gospel are, by their professions, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions ; therefore, no minister of the Gospel, or priest of any denomination whatever, shall, un- der any pretence or description, be eligible to or capable of holding any civil or military office, or place of trust, within this state." On motion of Mr. Carter, seconded by Mr. Jackson, this was amended, so as to read after the word " eligible, to a seat in either branch of the Legislature."
It was through the efforts of William Blount, that the Convention adopted the 29th section of the Bill of Rights- "That an cqual 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 .*
In section 31st of the Bill of Rights, adopted with the Constitution, it is provided-" That the people residing south of French Broad and Holston, between the Rivers Tennessee and Big Pigeon, are entitled to the right of pre-emption and occupancy in that tract." This right was secured to them by the framers of the Constitution, in consideration of the value to the country of these settlements. These brave pioneers had extended themselves as a barrier between the
* Blount Papers.
655
JACKSON SUGGESTS THE NAME TENNESSEE.
older settlements and the Indians-maintaining their ground, without titles to their lands, from 1783 to 1790; living there, part of this interim, without the benefit of law, en- during trouble, encountering danger, and exposed to pillage, massacre and death. The privilege of pre-emption was richly deserved.
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