USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 65
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April 9 .- The Legislature divided, again, the mother county, Washington, and established Carter county. Lan- don Carter, Reuben Thornton, Andrew Greer, Sen., Zacha- riah Campbell and David McNabb, were Commissioners to se- lect the site for the court-house, and to erect county buildings, The first court was held at the house of Samuel Tipton. Carter county was attached to Washington District. Carter county was thus named, in honour of General Landon Carter ; he was a native of Virginia, emigrated at an early day, with his father, Col. John Carter, to the wilds of Watauga. He was educated at Liberty Hall, Mecklenburg county, North- Carolina, and became qualified for the wide range of duties afterwards assigned him by his countrymen. He was brave, prompt and useful, in repelling Indian invasion and attack. He was a member of the Franklin Convention and Leg- islature, its Secretary of State, and Treasurer of Washington District under the Territorial Government He was a member of the Convention of 1796, and afterwards Treasurer of Washington District for the State of Tennessee.
The seat of justice for Carter county, was named Eliza- bethton, in honour of Elizabeth, the wife of General Car- ter.
April 23 .- Additional Commissioners, for the regulation and management of the town of Jonesboro', were appointed, viz : David Deaderick, Sen., John Sevier, Jun., Christopher Taylor, John Tipton, Adam Reader, John Blair, John Adams,
667
GRAINGER COUNTY LAID OFF.
William Chester, Allen Gillespie, Thomas Embree and Ro- bert Allison.
Grainger county was laid off April 22, 1796. David Hay- ley, Major Lea, Benjamin McCarty, Bartley Marshall and James Blair, Jun., were appointed Commissioners, to lay off a town and erect county buildings. First court was held at the house of Benjamin McCarty. John Cocke and William Payne were appointed to run the boundary line. October 28, 1797, the county seat was established, and called Rut- ledge, in honour of George Rutledge, Esq., of Sullivan county.
Grainger county, was so called, for Mary Grainger, the wife of Governor William Blount. She was a native of North-Carolina, and arrived on Watauga at the commence- ment of the Territorial Government. After Knoxville be- came the residence of the Governor, many of the friendly chiefs paid frequent visits to the new capital ; and Mrs. Blount became much interested in them, and used her ad- dress and persuasion, to induce them to restrain their young warriors from further aggression upon the frontier people. With these she was a deserved favourite. Fort Grainger, at the mouth of Tennessee, was also called for Mrs. Blount. She was an accomplished lady, and she did much to soften and refine the manners of the first inhabitants of Knoxville. Under her administration, a grace and a charm was given to the society of the place-the more remarkable and attrac- tive from the external circumstances under which they were, from the necessity of the case, exhibited in the new town upon a distant frontier.
George Rutledge was elected Brigadier-General, in place of General Sevier, and James Winchester, Brigadier-Gene- ral, in place of General Robertson; and George Conway, Major-General. He was succeeded by Andrew Jackson.
The Committee of Finance reported the following state- ment of the public funds :
Amount received by the Treasurer of Washington and Hamilton Districts, $6,380 63 Amount disbursed, 5,838 03
Leaving balance in the Treasury of 542 60
668
THE FINANCES OF TENNESSEE.
Amount brought forward,
542 60
Amount received by the Treasurer of Mero District,
$4,900 37
Disbursements,
2,297 33
Leaving in the Treasury of Mero District, 2,608 04
Unexpended and on hand, $3,145 64
Subjoined will be found the captions of some of the Acts, passed at this first session of the Tennessee Legislature.
1. An Act, ascertaining the number of Judges of the Superior Courts of Law and Equity, fixing their salaries, &e.
4. Amending an Act for the promotion of Learning in Davidson County. 6. Establishing a Treasury Department.
10. Directing the mode of electing members to Congress. This Act divides the State into two divisions, to be called the Holston and the Cumberland divisions; each of which is entitled to one Representative to Congress.
11. Providing for the appointment, by the Legislature, of Electors of President and Vice-President of the United States.
17. Providing for the payment of the Governor, (gives him, annually, seven hundred and fifty dollars,) and directing the place of his residence.
18. Making compensation of one dollar and seventy-five cents, for each day, to every member of the Legislature, and a like sum for every twenty-five miles travel, in going and returning; and to the clerks and other officers, a corresponding amount.
29. Amendatory of an Act for the establishment of Nashville. The ninth section of this act authorizes the Trustees of said town to execute a deed to a religious society, for a site for a meeting-house, "with the express limitations following, viz : said meeting-house shall be and re- main to the use of the said society, so far only as to give a right to their ministers to preach therein ; but shall not extend to authorize them to debar or deny to any other denomination of Christians the liberty of preaching therein, unless when immediately occupied by the said. society."
Governor Sevier, after the establishment of the State Government, proceeded to issue commissions to all the civil and military officers in all the counties of the State. The names of the magistrates, in Washington county, at the first court after the State Constitution was formed, are James Stuart, John Tipton, John Weir, John Adams, John Strain, Henry Nelson, Joseph Young, Joseph Crouch, William Nelson, Robert Blair, Jesse Payne, Isaac Depreve, Charles
669
ACTION OF CONGRESS RELATIVE TO TENNESSEE.
McCray, Samuel Wood, Jacob Brown, John Alexander, Joseph Brittain, John Norwood and John Hammer.
The first court held for Sevier county, under the Constitu- tion of the State of Tennessee, was begun and held at the Court House in Sevierville, July 4.
1796 .- The Justices were Samuel Newell, Joshua Gist, Joseph Wil- son, Joseph Vance, Robert Pollock, Peter Bryant, Mordecai Lewis, John Clack, Robert Calvert, Andrew Cowan, Adam Wilson, James Riggin, Alexander Montgomery, Jesse Griffin and Isam Green. Samuel Wear was appointed Clerk ; Thomas Buckingham Sheriff ; James McMahon, Register ; James D. Puckett, Coroner ; Alexander Montgomery, Ranger.
TAVERN RATES .- Rum per half pint, 25 cents ; Wine do .; French Brandy and Gin, do. ; Peach Brandy, 124; Whiskey, 8} ; Beer per quart, 8} ; Cider, 124 ; Metheglin, 12g.
DIETS .- Breakfast, 16§ ; dinner, 21 ; supper, 16} ; lodging, 5; horse per night, fodder or hay, 12} ; oats or corn, per gallon, 8} ; pasturage, twenty-four hours, 8}.
May, 1796 .- Governor Sevier commissioned justices in Jefferson county, viz : George Doherty, James Roddye, Josiah Jackson, Thos. Snoddy, Garret Fitzgerald, Parmenas Taylor, John Blackburn, A. Hen- derson, Abednego Inman, John McNabb, Abraham McCay, Adam Peck, Wm. Con, James Wilson, Wm. Lillard, David Stuart, Ebenezer Lith, Joseph McCollah, Samuel Jacks, Adam Meek, George Evans, James Lea, Alexander Outlaw, John Gore. Jos. Hamilton, Clerk ; Robert McFarland, Sheriff ; Samuel Lyle, Register.
Second Monday, May, 1796 .- Court of Greene county met. Daniel Kennedy was elected Clerk; George Conway, Sheriff ; and James Dunwoody, Register.
AOTION OF THE FEDERAL GOVERNMENT ON THE ADMISSION OF THE STATE OF TENNESSEE, AS ONE OF THE UNITED STATES.
Soon after the rise of the Convention of 1796, its Presi- dent, Governor Blount, communicated a copy of the Consti- tution, to the Secretary of State, Mr. Pickering. His letter is dated
KNOXVILLE, February 9th, 1796.
Sir :- As Governor, it is my duty, and as President of the Conven- tion, I am instructed, by a resolution of that body, to forward to you, ex- press, a copy of the constitution formed for the permanent government of the State of Tennessee, which you will herewith receive by the hands of Major Joseph McMinn, of Hawkins county, who was himself a mem- ber of the Convention.
The sixth section of the first article will inform you that the first Gen- eral Assembly to be held under this constitution is to commerce on the last Monday in March next. The object of the Convention, in deter- mining on this early day, is a representation in the Congress of the Uni-
-
670
·PRENDENT WASHING TOR'S MESSAGE, .. ..
ted States before the termination of the present session. And the third section of the schedule will inform you how long it is contemplated, the temporary form of Government shall continue.
I have the honour to be, very respectfully,
Your most obedient, hurable servant,
WILLIAM BLOUNT.
TIMOTHY PICKERING, Enq, Secretary of State, Philadelphia.
On the eighth of April, the President communicated this Jetter, with its enclosures, to Congress-accompanying them with the following message :
UNITED STATES, April 8th, 1796. Gentlemen of the Senate and of the House of Representatives:
By an Act of Congress passed on the 26th of May, 1790, it was de- clared that the inhabitants of the Territory of the United States south of the River Ohio, should enjoy all the privileges, benefits and advantages sot forth in the ordinance of Congress for the government of the Terd- tory of the United States northwest of the River Obio, and that the Go- vernment of the said Territory south of the Ohio, should be similar to that which was then exercised in the Territory northwest of the Ohio, except so far as was otherwise provided in the conditions expressed in ma Act of Congress, passed the ed of April, 1790, entitled " An. Act to secept a cession of the claim of the State of North-Carolina to a certain die- trict of Western Territory."
Among the privileges, benefits and advantages thus secured to the in- habitants of the Territory south of the River Ohio, appear to be the right of forming a permanent Constitution and State Government, and of ad- mission, as a State, by its ,delegates, in the Congress of the United States, on an equal footing with the original States, in all respects what- ever, when it should have therein sixty thousand free inhabitants : provi- ded, the Constitution and Government so to be formed, should be repub- lican, and in conformity to the principles contained in the articles of the said ordinance.
As proofs of the several requisites to entitle the Territory south of the River Ohio, to be admitted, as a State, into the Union, Governor Blount has transmitted a return of the enumeration of its inhabitants, and a printed copy of the Constitution and form of Government, on which they have agreed, which, with his letters accompanying the same, are here- with laid before Congress.
GEO. WASHINGTON.
The subject was referred to appropriate Committees. On the 12th of April, the House Committee, through its Chair- man, Mr. Dearborn, reported the following :
Resolved, That by the authenticated documents accompanying the message from the President of the United States to this House, on the 8th day of the present month, and by the ordinance of Congress, bear- ing date the 13th of July, 1787, and by a law of the United States, passed on the 26th of May, 1790, it appears that the citizens of that
671
AND REPORTS OF CONGRESSIONAL COMMITTEES.
part of the United States, which has been called the Territory of the United States, south of the River Ohio, and which is now formed into a State under a republican form of Government, by the name of Tennes- see, are entitled to all the rights and privileges to which the citizens of the other States in the Union are entitled under the Constitution of the United States ; and that the State of Tennessee is hereby declared to be one of the sixteen United States of America.
Mr. King, from the Senate Committee, to whom the same subject had been referred, made a long report against the admission of the State of Tennessee into the Union, but re- commending "that leave be given to bring in a bill laying out the whole of said Territory, ceded by North-Carolina, into one State." The report results in this conclusion-" That Congress must have, previously, enacted that the whole of the Territory ceded by North-Carolina, and which is only a part of the Territory of the United States, south of the Ohio, should be laid out into one State, before the inhabitants thereof, (admitting them to amount to sixty thousand free persons,) could claim to be admitted as a new State into the Union." The Senate report objects that the enumeration of the inhabitants of the Territory had not been made by the authority of Congress, and that the guards against error had been omitted by the Territorial law ; and that, "instead of confining the enumeration to the free inhabitants of the Ter- ritory, that law authorizes and requires the enumeration of all the people within the said Territory, etc."*
Notwithstanding this unfavourable report of the Senate Committee, the Congress of the United States passed an Act in June, admitting Tennessee into the Union.
In the meantime, the Senators elect from the State of Ten- nessee, had repaired to the seat of the General Government; but having been elected before Tennessee was admitted into the Union, they did not take their seats in the Senate. The Act X, laying off two Congressional Districts in the State, when but one member of Congress was allowed for Tennes- see ; and Act XI, providing for the election of four Electors of President and Vice-President, when the State was enti- tled to but three Electors, created unforeseen difficulties, which
* State Papers, Vol. XX, page 150.
672
GOVERNOR SEVIER CONVENES THE LEGISLATURE.
could be obviated only by repealing these acts, electing the Senators anew, and remodeling the legislation that had ta- ken place, so far as the Federal relations of Tennessee were concerned.
Such was the political condition of the State of Tennessee in the summer of 1796. Governor Sevier acted promptly, and adopted at once the only measure that could extricate the new State from the embarrassments by which her Fede- ral relations had become unavoidably involved.
On the 4th of July, he issued from the seat of Government, at Knoxville, his proclamation :
" Whereas, I have lately received authentic information, that an Act' of the Congress of the United States, passed at their last session, in- volved several Acts of this State in difficulty, and renders the same in- complete ; to answer the purposes and salutary uses and effects intended to be obtained therefrom, by the Honourable the Legislature of this State :
" I have thought it necessary and highly expedient, to summon the members of the General Assembly, to convene on the last Saturday in the present month : And do strictly request and enjoin them, and each of them, to be punctual and particular in giving their attendance ac- cordingly, in order to take under their due deliberation such matters as may be laid before them.
" Given under my hand and seal, at Knoxville, this fourth day of July, one thousand seven hundred and ninety-six, and in the twenty-first year of American Independence. Signed, JOHN SEVIER."
Accordingly, on the day appointed, the General Assembly met and the Governor sent in the following Message :
" Gentlemen of the Senate and of the House of Representatives :- The short time in which I conceived it was necessary to convene the Legislature, compelled me to call you together on so short a notice. In the first instance, it was necessary to give all the time the emergency of the occasion would admit of; and, in the second, from a circumstance that the election to be held for Representatives was approaching so near at hand, made it necessary, as I conceived, for the Assembly to have it in their power, by a timely meeting, (should they in their wisdom deem it proper) to make an alteration in the Act, directing the mode of electing Representatives to represent this State in the Congress of the United States, before the day of election should arrive, as directed in the afore- said Act, otherwise it might be attended with disputes and contentions of a disagreeable nature ; 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.
673
REPLY OF THE ASSEMBLY.
" Thus such a derangement will necessarily require an alteration in our Acts passed for such purposes.
"Our Senators not being recognized in the Senate of the United States, is another matter for your consideration and attention; and for your more ample information, the several Acts and communications ao- companying this address, will elucidate unto you the propriety of my calling the Assembly together at this time.
" I hope I may be permitted to observe, that it is of importance, and conducive to public happiness, to arrange your Acts comformably with those of Congress, so far as they shall respect this State.
" The foregoing are the reasons why I have thought proper to con- vene the Assembly, in session on the present day ; and I make no doubt you will, through your paternal care, wisdom and patriotic deliberations, adort such measures as will tend to promote the public interest and general utility of the State.
" I have the pleasure of announcing to you, gentlemen, the admission of the State of Tennessee into the Federal Union, a circumstance preg- nant with every prospect of peace, happiness and opulence to our in- fant State.
"The period has at length arrived, when the people of the South- Western Territory may enjoy all the blessings and liberties of a free and independent republic.
" Permit me to wish you public, domestic and individual happiness, while I have the honour to be, very respectfully,
" Your devoted and obedient servant,
JOHN SEVIER."
The usage at that day required a reply from the General Assembly, to every communication made to it by the Go- vernor; and on the 8th, Mr. Rhea, as the organ of the two Houses, reported the following address :
Sir :- We are fully sensible, that the important objects by you laid before this General Assembly, made it necessary for you to convene the Legislature at this time.
. We rejuice with you, in the event of this State being formally admitted into the Federal Union; and our minds are filled with the most pleasing sensations, when we reflect on the prosperity and political happiness to which we view it, as a certain prelude. Be assured, sir, it will be our first and greatest care, to adopt such measures as will promote the true inter- ests of this State, as connected with the American Union.
With respect to our representation, in the Senate of the United States, in particular, we flatter ourselves, such steps have been taken, that no reason now remains, sufficient to justify that body in refusing any longer to recognize our Senators.
The measures here alluded to, as having been adopted by the Legislature, were, the election, again,lof the Senators from Tennessee to the United States Congress-the repeal of
43
674
ACT PROVIDING FOR THE ELECTION OF ELECTORS
the act of its last session, providing for the election of two Representatives, and the enactment of a law for the election of a single member from the State-and lastly, the annul- ment of the legislative election, April 21, of four Electors of President and Vice-President, and provision for the elec- tion of three.
William Blount and William Cocke were again elected Senators. To the address of the Legislature, informing Mr. Cocke that he was again elected to represent the State of Tennessee in the United States Senate, and re-assuring him, on behalf of the citizens of the State, of the entire confi- dence reposed in his fidelity and integrity, that Senator re- plied in terms, and with a spirit, that probably reflected truly, the feelings and temper of the people. He said :
Gentlemen :- Nothing can be a higher reward for faithful services, than the approbation of a free people-I call my country free, because by their Constitution, they are so.
I cannot help mentioning to you, I feel the deepest concern to see our dearest rights invaded by the supreme legislature of the nation. We are by them made subject to the payment of taxes, while we have been unjustly deprived of representation.
We have been deprived of the use of our property for public conve- nience, without any compensation being made ; and acts in the style of laws have passed, declaring it highly penal to enjoy the free use thereof; such rude attacks on our constitutional rights should be remonstrated against with freedom and firmness.
I hope our opponents in the Senate of the United States, will be una- ble to find another quibble whereby to deprive us of an equal share of the representation that shall make the laws by which we are to be go- verned. I am, with great respect, your obedient servant, WILLIAM COCKE.
August 3 .- An act was passed providing for the election of one Representative to Congress, and repealing the act of 28th March, authorizing the election of two.
Aug. 8th .- An act was passed, providing for the election of three Electors of President and Vice-President. At the previ- ous session, four electors had been elected by joint ballot of the two Houses. The mode of electing, in this instance, is still more anomalous. The State is divided into three- Washing- ton, Hamilton and Mero Districts; and in the words of the sot, "that the said electors may be elected with as little' trouble to the citizens as possible- Be it enacted, That John
675
OF PRESIDENT AND VICE-PRESIDENT.
Carter, John Adams and John McAllister, of Washington, John Scott, Richard Gammon and James Gains, of Sullivan county," and three others for each of the remaining counties of Washington District, and, in like manner, three others, for each of the counties in Hamilton and Mero Districts, "are appointed electors to elect an elector for their respective Districts." The electors named in the act were to meet at Jonesboro', Knoxville and Nashville, and elect an elector for each District. The three electors thus elected, were to convene on the first Wednesday of December, at Knoxville, and " proceed to elect a President and Vice-President of the United States, pursuant to an act of Congress."
August 9 .- Mr. White, from the Committee appointed to draw up a remonstrance to Congress, presented, for the con- sideration of the Assembly, an address and remonstrance to the Congress of the United States. In this document, which is of great length, the remonstrants recapitulate : That Tennessee is admitted into the Federal Union, on an equal footing with any of the original States ; that the United States, at the beginning of the Revolution, guaranteed to each State its sovereignty, according to its chartered limits, and that that sovereignty was acknowledged by Great Bri- tain, by the treaty of Paris ; that, acting on these principles, North-Carolina had opened land offices, for the sale of land within her chartered limits; and in agreement with her laws, entries had been made, warrants issued, and grants had been made for lands in her territory ; that North-Caro- lina had ceded her western territory to Congress, under cer- tain express conditions-one of which, as provided for in her Deed of Cession, was, that the Governor of North-Carolina, for the time being, shall be, and is required, to perfect land titles in such manner as if the Cession had not been made ; that, as the Constitution of the United States confirms all engagements made by Congress, previous to its adoption, the enterers and grantees of lands thus ceded, expected that they were secure, as to their right in fee, and of possession of the land by them purchased and paid for; that, at the treaty of Hopewell, William Blount, as Agent of North- Carolina, had protested against one of its articles, respecting the boundary of the Cherokees ; that, by an act of the last
676
ANDREW JACKSON ELECTED TO CONGRESS,
Congress, fines, forfeitures and imprisonment are enacted against claimants and grantees of lands lying beyond said boundary ; by which, they are much injured-being prohi- bited from any act of ownership of lands, long since bona fide contracted and paid for, and . for which, in part, grants have already issued by North-Carolina, under the good faith of the United States ; and that
" This Legislature, ever willing to support the Constitution and Laws of the United States, made pursuant thereto, being impressed with a sense of the injury and grievances sustained by the citizens in conse- quence of the line of the treaty of Holston, and the act before men- tioned, do earnestly request, that the prohibitions preventing them to possess the lands before alluded to, may be removed ; that provision, by Jaw, be made, for extinguishing the Indian claim to said lands ; that the owners and grantees of said lands may enter upon, occupy and possess the same in a full and ample manner, and have every right, privilege and advantage, which they are entitled to by constitutional laws ; which justice being done to the citizens of this State, the officers of Govern- ment will be enabled to execute the constitutional laws of the United States with ease and convenience."
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