The government of the people of the state of Tennessee

Front matter

THE

GOVERNMENT OF THE PEOPLE

OF THE STATE OF

Part I. Historical Sketch Of Tennessee

CHAPTER PAGE

I. Introduction n

II. Origin and Early Claims 14

III. Settlers and Settlement 16

IV. Watauga, King's Mountain, and the Cumberland

Settlement 19

V. The Sspate of Franklin and other matters ... 21

VI. Tennessee as a United States Territory 24

VII. Early History as a State 26

VIII. Intermediate State History 30

IX. The Civil War and Later 34

X. Last Governors and Conclusion 37

Noted Events in Tennessee History 41

Part II. The Civil Government Of Tennessee

CHAPTER

XI. The Present Government of the State 44*

XII. The Legislative Department 46

XIII. The Executive Department 51

XIV. The Judicial Department 58

XV. State and County Institutions 63

XVI. Habeas Corpus, Juries, and Court Procedure . . . 66

XVII. County Government 71

XVIII. City Government • 76

XIX. Civil Districts 80

XX. Public Roads and Public Revenues 84

XXI. Education 88

XXII. Elections 93

XXIII. Political Parties • ♦ . 97

(iv)

CONTENTS. v

CHAPTER PAGE

XXIV. Reforms 100

The Constitution of the State 103

Index to Constitution 131

Governors and Time of Service 132

Population of Cities 133

Population of Counties 134

County Seats 134

Authorities Consulted 137

Index 138

ILLUSTRATIONS.

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1. John Sevier, First Governor . . . . , 6

2. Andrew Jackson 39

3. James K. Polk 39

4. Andrew Johnson 40

5. The Great Seal of Tennessee 44

6. The Capitol at Nashville 47

7. Civil District Map of Knox County 81

John Sevier.

THE

CIVIL GOVERNMENT

OF

TENNESSEE.

GENERAL PRINCIPLES.

It was once thought that government first arose from a specific agreement among men, but this theory has given place to the more reasonable hypothesis that it originated in the family and has been developed and changed by the conditions, circumstances, and necessities of humanity. The father of a family was its natural ruler. If he had a strong personality, or in some way became separated from his kinsmen, as was the case with Abraham, his descendants, in time, grew to be a distinct nation with their own language, laws, religion, and traditions. After the founder of the tribe passed away, the ruler chosen was generally the most noted warrior, or a man who possessed some marked powers of leadership.

While men lived in the family, or tribal, condition, they possessed the form of nationality, but usually had no fixed territorial boundaries. They were simply a group of people regulated in their intercourse with one another by rudimentary laws. They wandered about over large and indefinite areas wherever game, or pasturage for flocks, or other conditions for subsistence, were most favorable. The history of oriental life furnishes striking examples. As civilization developed and the art of agriculture began to be acquired, the tendency to a more definite claim upon the land increased. The Barbarians who disrupted the Roman Empire were moving nations with crude governments and laws and unsettled boundaries, though in time they acquired permanent territories and the land became a fixed element in the State.

As the modern nations grew in civilization, the masses of the people increased in knowledge, and, taking unto themselves more power, restricted the tyranny of their rulers by fixed regulations. Hence we have, as a fourth element in government, a constitution containing the fundamental and fixed law. In modern republican governments this principle has been extended to a restriction of the action of the people themselves or their representatives. It also embodies the organic law which defines the character and extent of the government and the principles upon which the latter is founded. Therefore, in its fully developed form, the state comprises (1) the people, (2) their laws or changeable regulations, (3) their territory or the land they possess, and (4) their constitution or fixed regulations.

While the family, or tribal, theory represents the typical process in the formation of nations, it is not true for those that have originated in colonies from countries having advanced civilization. The government of the United States is of the latter class. The political system and laws of this country were derived largely from a modification of those in the mother country.

The complex character of the government which was finally constructed in America is another distinguishing feature. The colonists, having settled in distinct groups, developed differently. As colonies, they were entirely independent of each other. At first the only bond of union was the protecting power of the mother country and a common origin. Under such circumstances, local government flourished. The National spirit was born in resistance to French

GENERAL PRINCIPLES. 9

aggressions and the later tyranny of the mother country. With independence, the local colonies became States which are integral parts of a united whole combining both local and general functions of government. In this result, taken with the representative system, we have the highest development of human government.

Thus the great merit of American government consists in its perfect adaptation to every demand. No system was ever before devised in which perfect freedom in local government was so harmoniously combined with all the necessary requirements of National authority. It was found necessary to have certain laws applying uniformly to the w r hole country. Other matters were best regulated by the individual States. Still others are left, especially in their application, entirely to the counties. Some again are so extremely local in character as to be attended to exclusively by the civil districts, or the townships, of the county. This system, so complex and yet so perfect in its action, was not wholly an invention, but largely a growth shaped by circumstances. Local government is the glory of our Republic. No other country has so wise an arrangement. 1 Even in the republic of France, all local government is controlled from a National bureau at Paris.

The written constitution is also peculiar to America. While documents containing the germs of a constitution had previously appeared, the written constitution was first developed extensively in this country. It had its origin in the old Colonial charters, some of which were retained as constitutions after the colonies became States. Each State, as well as the United States, has a constitution which contains the organic and fundamental law of the State.

Our application of the term State, as we have seen, is

peculiar. The thirteen original States were independent

commonwealths. As they had, while colonies, combined

for protection against external enemies, so afterwards they

1 Switzerland comes nearest to it.

united as a protection against themselves, and the term State was then used to designate a subordinate government. At first the National spirit was weak. The smaller States were jealous of the power of the larger States, and each was afraid to trust the rest. The tyranny of the king of England had taught them to fear a unity of power. It was with the greatest difficulty, and with the gravest apprehension, that the constitution was finally established. Yet, in the course of our progress, the National spirit has grown stronger and stronger.

The new States that have been arbitrarily carved out of the National domain never contained the elements of nationality as did the old thirteen. The increased facilities for communication, the results of the Civil war, and the overshadowing character of National politics, have all conspired to make the change so great that we are now in danger of underestimating the functions of the State. Patriotism has come to refer in most cases to the general government. Our great interest centers in this. All our political views take shape from National questions. Text-books on civil government have confined themselves mainly to our National system. And yet the State government has far more to do with the common life of the people than has that of the Nation. As Bryce, in his American Commonwealth, so strikingly shows, an American has little, except the National elections, the post-office, and the tariff, to remind him of Federal authority. All the details of government which he meets in everyday life emanate from the State.

It is, therefore, clearly apparent that, while we should not study, or value, the National government less, we should yet seek to know more about the State government under which we live and with which we have so much to do.

TENNESSEE.

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PAET I.

HISTORICAL SKETCH OF TENNESSEE.

Introduction

1. Tennessee is one of the South Central States. Its surface slopes down irregularly from the summit of the Great Smoky mountains on the east, to the Mississippi river, which flows along its western border. In the eastern part it is very much broken ; in the middle, hilly and gently undulating ; in the west, low and level. The State has a great variety of soils and products. The climate is mild. Extremes of temperature are rare. There are three grand divisions, called respectively East, Middle, and West Tennessee. These are recognized in the constitution and are, in many ways, as unlike as different States. By studying the three divisions of our State, we learn how natural resources determine the occupations of a people and even give tone to their opinions about government and public policy.

2. East Tennessee is rich in minerals. Coal, iron, marble, roofing-slate, zinc, copper, and similar valuable deposits abound. Water power and other facilities for manufacturing are excellent. The future of this section is full of promise. Its fertile valleys are thickly populated. The people are hardy and industrious. They cultivate small farms, are strong supporters of public schools, and are noted for their originality and independence of thought.

3. Middle Tennessee lies between the Cumberland plateau and the western valley of the Tennessee river. It is a rich agricultural and stock-raising section. Some of the finest horses of the world come from this part of the State. The people are well-to-do and generously hospitable. Many of the farms comprise from two hundred to one thousand acres. This division contains the capital of the State and is the center of political influence. Iron is found in the western part and coal in the east.

4. West Tennessee extends from the Tennessee river to the Mississippi. The leading industry is agriculture. Cotton grows in the south and grain in the north. The most productive lands of the State lie in the Mississippi bottoms. Large areas are covered with heavy timber, and lumbering is an industry of some profit. This section is without important minerals. It was the last part of the State to be settled. Its people are much like those of Middle Tennessee, from which section many of them came.

5. The Division of the State into three distinct parts is so remarkable as to require further notice. Each section claims its share of the State officers, State charities, and State appropriations. Each has a State asylum for the insane. Each has its Federal court and there are five supreme judges, only two of whom may come from any one of these three divisions. This unfortunate sectional feeling no doubt first arose from the distinct and widely separate location of the two original settlements in East and Middle Tennessee respectively, but a difference in natural resources and the consequent unlike pursuits and

INTR OJD UCTION. 1 3

conditions of the people have kept alive and intensified the feeling. It was first recognized in a formal way in 1807 when the work of the superior judges was apportioned.

6. Original Inhabitants. — When the first white people visited the Tennessee country, it was already inhabited by scattering bands of Indians. Yet vast areas were unoccupied and used only for hunting-grounds. At an early period, the Cumberland section, in the vicinity of Nashville, was possessed by the Shawnees, who were driven away later by hostile tribes, and wandered off to the northwest. The Chickasaws claimed all West Tennessee as a hunting-ground, but lived farther south in the Mississippi country. They showed much warlike spirit. The Cherokees occupied the southeastern part of the State and neighboring portions of Georgia and the Carolinas. They gave the early settlers more trouble than all other tribes. At an early period, a small tribe of the Uchees lived at the mouth of the Hiwassee river, but they were exterminated by the Cherokees. The Creeks had lands south of Tennessee, in Alabama and Georgia, and often encroached upon the Tennessee country. The Indians lived mainly by hunting and fishing. The women cultivated patches of Indian corn and beans. The men were generally engaged in war. There has been much speculation as to their origin, but of this nothing is known.

7. Mound Builders. — Scattered over the country, and especially along the river-courses, the first settlers found mounds of earth and rude forts which have often been thought to indicate earlier and more civilized inhabitants than the Indians. Of late years scientists have opened many of these mounds and discovered little or nothing but what could have been produced by the Indians themselves. The mounds contain arrow-heads, rude pottery, shells beads, ashes, and human bones, having evidently been constructed as tombs for the dead. The ashes indicate the possibility of an altar where religious rites were performed. The forts are rude affairs and of no great importance. If these people were not common Indians, they were probably only a branch of the more civilized tribes that inhabited Mexico and Arizona.

Chapter II. Origin And Early Claims

8. Origin of the State. — Tennessee was originally a part of North Carolina and the latter was, in like manner, originally a part of Virginia. Therefore, Tennessee may properly be called the granddaughter of the Old Dominion. It was the sixteenth State to come into the Union, or the third after the old thirteen. Tennessee was the first State to be organized out of United States territory. Its area is 42,050 square miles. The population in 1890 was 1,767,518, and it has very little of the foreign element.

9. Early Grants. — The boundaries of Tennessee were embraced in the grant which James I., in 1606, issued to the London Company — a vast tract lying between the thirtyfourth and the thirty-eighth parallels of latitude and extending, under the name of Virginia, from ocean to ocean. Another grant by Charles II., in 1663, to Lord Clarendon and others, included all of the State except the northern part, which was added in a later extension of the grant. This was now the separate colony of North Carolina, the government of which remained under lords proprietors until 1729, when it reverted to the king. During this period Locke's famous ideal plan of government, called the " Grand Model," was tried and given up as a failure.

10. For more than two hundred and fifty years after the discovery of America by Columbus, Tennessee lay

OBIGIN AND EARLY CLAIMS. 15

a silent wilderness of forests and grassy plains, except for a few Indians and straggling bands of explorers, traders, and hunters. At an early date, the trade in furs was found to be very profitable. A few trinkets would buy from the savages enough peltry to sell for a small fortune when transported to the Atlantic seaboard. Doherty carried on such a trade in the Cherokee country as early as 1690, and Adair about 1730. Traders from Virginia and the Carolinas often resided for years among the Indians, while engaged in this remunerative business, and learned much of their manners, customs, and pursuits. Some years ahead of the settlers, also came hunters, who, penetrating the wilderness, camped in the deep solitudes and took their own game and peltries. In 1748, Dr. Walker, with a company of Virginians, while on a hunting and exploring expedition, passing through Powell's valley, discovered and named Cumberland Gap, river, and mountains. There is evidence that Daniel Boone hunted on the Watauga as early as 1760, and Wallen on Powell's river and on the Clinch in 1761. Wallen's Ridge was named for the latter.

11. The Spaniards under De Soto had touched Tennessee soil in 1541, when they discovered the Mississippi river, near the present site of Memphis. By previous discoveries, under the authority of the Pope, they set up a claim to all North America, but, so far as Tennessee was concerned, their occupation of the land never amounted to more than the establishing of one or two forts and the carrying on of a limited trade with the Indians. As late as 1780 their asserted claim covered all Tennessee west of a north and south line running through the middle of the eastern division of the State. At the close of our Revolutionary war, Spain tried to profit from her control of the mouth of the Mississippi river, and, by a series of intrigues, at one time sought to alienate the western settlers from the new Federal Government, but the attempt was a failure. The opening of the Mississippi in 1795 and the purchase of Florida in 1819 put an end to all Spanish complications.

12. The French explored the Great Lakes soon after the settlement of Canada and were on the Ohio as early as 1670. In 1671 they took formal possession of the entire Northwest region. Through the discovery of the Mississippi in 1673 by Joliet and Marquette, followed by La Salle's voyage to its mouth, they obtained a plausible claim to the whole Mississippi valley, which was called Louisiana. Having made settlements, later, on the lower Mississippi, they endeavored, by establishing a chain of forts and trading-posts, to hold all the country intervening between this section and Canada. Tennessee was a part of their claim and they built a fort on the site of Memphis and another on the site of Nashville. Their right was always disputed by the English, who claimed the country under Cabot's discovery, and the final contest for supremacy came with the great French and Indian war in 1754. After a long struggle, the disputed dominion east of the Mississippi passed over to the English by the Treaty of Paris in 1763.

-oo**o

Chapter III. Settlers And Settlement

13. Scotch-Irish Settlers. — On account of its being west of the Alleghany mountains and remote from the seacoast, Tennessee was not peopled directly from Europe. It was one of the first States to be settled by emigrants from the older colonies. The first permanent settlers were mainly of Scotch-Irish descent. These . people began their migration from Ireland in the early part of the eighteenth century. The greater number landed at Phil-

SETTLERS AND SETTLEMENT. 17

adelphia. Finding the coast lands already taken, they struck out for the frontier and possessed themselves of the highland slopes of the Alleghany mountains. They were ' hardy, brave, restless, positive characters, and exerted a controlling influence on government and other institutions wherever they settled. They loved liberty and were strong advocates of free government. Their religious ideas were somewhat severe and gloomy, on account of which they have been called the Puritans of the South.

14. Westward Movement.— The Scotch-Irish of Pennsylvania gradually worked southward and westward. About 1740. the frontier was in Bedford county, Virginia. By 1754 six families resided west of New river, Virginia. Fort Loudon was built on the Little Tennessee river in 1756, and the fort at Long Island, near the Virginia line, in 1758, but these were in advance of the settlements. Before the Revolutionary War, the tide of migration had reached Southwestern Virginia and descended into the fertile valleys of what is now East Tennessee. A smaller number of the same Scotch-Irish people had landed at Charleston, and pushing straight across to the interior met their northern brethren on the highlands of North Carolina and finally in settlements on the Watauga and the Holston. Thus Tennessee was peopled by emigrants from both Virginia and North Carolina.

15. Other Elements. — Most of the leaders in Tennessee affairs have been descendants of this Scotch-Irish race, though the mass of her population had a considerable admixture of Pennsylvania Germans who were carried along in the general current of migration. There was a smaller per cent, of French Huguenots, English, and Irish. The early inhabitants were a plain, practical people, noted for integrity, patriotism, and devotion to duty. They boasted no noble descent, but were the best sort of material out of which to build up a great commonwealth. 2

16. Source of Our Government. — Virginia was the original source of nearly all government in the Southern States, though Tennessee, in the main, received the principles of her political institutions through North Carolina. And yet we are not to suppose that Virginia's ideas concerning government were original with her. They came over with the early colonists, from England, wher8 they had flourished under modified forms for more than a thousand years.

17. The Watauga Settlement. — The first settlers reached the Watauga in 1769. In a few weeks the banks of the crystal streams were dotted with cabins, and the foundations of a new State had been laid. Others followed rapidly as the tide of migration flowed on; and in a short time three flourishing centers of population had been established — one on the Watauga, one in Carter's Valley above Rogersville, and one on the rich lands of the Nollichucky.

18. Without Government. — It was at first supposed that the new settlements were within the domain of Virginia, but an extension of the line between Virginia and North Carolina, in 1771, showed that they belonged to the latter. This was a source of much regret to a large body of the people, since they had come from Virginia and preferred the government of that colony. Besides remoteness from the organized society of the parent State, the unsettled character of her government gave little hope for protection and support from that quarter. For three years, the settlements were without any authorized government, much to their detriment; for the need of some settled authority was deeply felt, especially for restraining that unruly element which naturally seeks the freedom of the frontier.

WATAUGA AND OTHER SETTLEMENTS. 19

CHAPTER IV. WATAUGA, klNG'S MOUNTAIN, AND THE CUMBER- LAND SETTLEMENT

19. Government Formed. — A love for law and order was always strong with our ancestors. So, when they found themselves in the wilderness, out of the reach of established authority, they set about providing a government from their own resources. In 1772 most of the settlements held meetings, or conventions, and sent thirteen representatives who met and formed a central committee with general legislative powers. These elected from their number a committee of five citizens in whom were vested legislative, judicial, and executive authority. This committee was spoken of respectively as the court, the arbitrators, and the commissioners. A constitution, called "Articles of Association," was drawn up and signed. Thus was established the first original and independent government west of the great Appalachian mountains. This was the first free government by native Americans and when we remember that it was formed before the lievolutionary war, and while the colonies were yet subject to Great Britain, the case is still more remarkable. The Nollichucky settlement did not participate in the new government till 1775. There was evidently no intention of separating from the mother country, and yet the government was practically independent. Treaties were made with the Indians, land was bought, and other functions of sovereignty assumed. Religious liberty was complete and suffrage apparently unrestricted.

20. Two Great Leaders. — John Sevier and James Robertson are the two most prominent figures in the founding of our commonwealth. Both appeared on the Watauga at an early date, Robertson coming from North Carolina and Sevier from Virginia. Both assisted in forming the Watauga government and both were members of the noted " Committee of Five." Sevier was of Huguenot descent and had more education and culture than Robertson. Later, he was at the head of the State of Franklin, and finally first governor of Tennessee. Robertson was less brilliant than Sevier and was self-educated, but his natural powers were remarkable. In 1778 he left the Watauga to prepare for a settlement on the Cumberland, where his family joined him in 1780. He became the leader and father of Middle Tennessee as Sevier became of East Tennessee.

21. A Part of North Carolina. — The Watauga Association lasted about five years. The court of arbitrators administered justice, issued licenses, recorded deeds, and performed all the. functions of a regular commonwealth, This was another conspicuous example of the inherent capacity of the Anglo-Saxon race for self-government. However, as population grew and the number of evil-doers increased, the need of a stronger authority became apparent. In 1776, a numerously-signed petition to be annexed was sent up to the mother State. This was granted and tfye next year courts were established, and finally justices of the peace were appointed and the government of North Carolina became supreme.

22. In the Revolutionary War. — In 1776 the population around Watauga was about six hundred. The American colonies were in the midst of their struggle with Great Britain. Alienation grew into a declaration of independence. The spirit of patriotism was strong in the little colony west of the mountains, and for the next few years, its inhabitants divided their time between fighting the Indians and suppressing Tories. By 1780 the colony had experienced a considerable growth and John Sevier and Isaac Shelby, collecting the entire military force of the settlements at Sycamore Shoals, marched across the Great Smokies to assist in defeating the British under Ferguson,

WATAUGA AND OTHER SETTLEMENTS. 21

at King's Mountain. This battle was claimed by Jefferson as the turning-point of the war for American liberty. 23. The Cumberland Settlement. — The settlement on the Cumberland took permanent shape in 1780. This colony was planted still farther in the wilderness and entirely away from the home government in North Carolina. Hence we observe a second little independent republic; which, however, acknowledged that it belonged to the parent State. The different stations sent their representatives who framed a " Compact of Government," similar to the u Articles of Association " adopted at Watauga. Two hundred and fifty -six names were appended. The supreme power, judicial and executive, was placed in " Twelve Notables," of whom Robertson was chairman. Davidson county was established in 1783 under the government of North Carolina and the " Compact of Government " came to an end.

Chapter V. The State Of Franklin And Other Matters

24. The State of Franklin. — The next year gave birth to a third and more pretentious government. The people had always seemed disappointed that they were not under the jurisdiction of Virginia. Hence a constant disposition to separate from North Carolina and set up for themselves, especially since the parent State gradually neglected to protect and defend the colony west of the mountains and promote justice through the administration of law. Apparently wishing to rid herself of a burden, as well as to assist the general government, North Carolina, in 1784, ceded her western territory to the United States. The general government, operating as yet only under the Articles of Confederation, was very inefficient and had no fixed plan for managing territorial possessions. In the meantime there was supposed to be no government for the colony, and the people, distrusting the ability of the United States to do anything, became incensed and resolved to act for themselves. After holding a series of conventions, they established a new commonwealth which they called Franklin. The first two conventions were held at Jonesboro' and the third at Greeneville, which was made the capital of the new State. The population had increased to about twenty-five thousand. After considerable discussion and difference of opinion, the constitution of North Carolina, with some modifications, was adopted. While these events were occurring, North Carolina heard of the action of the colonists, and her governor issued a proclamation urging the people to return to their allegiance. The act of cession was repealed, courts established, and officers appointed for the Franklin counties. This satisfied many, but, nevertheless, a new State was formed and John Sevier became its first and last governor. A conflict of jurisdiction ensued between the rival officers of the rival governments. Sevier had favored the new commonwealth, but abandoned it when the act of cession was repealed, and afterwards again joined the separatists. Finally North Carolina offered conciliation and promised that a new State should be established in due time. Thereupon many others became alienated from the new enterprise. The last legislature met at Greeneville in 1787 and, with the expiration of Governor Sevier's term of office, in 1788, the power of the State of Franklin became extinct.

25. Primitive Life. — In studying the events of these early days, it is important to keep in mind the primitive life of the people. The time for modern inventions had not yet come, and civilized life, everywhere, had few advantages compared with the present. The people west of

STATE OF FRANKLIN AND OTHER MATTERS. 23

the mountains were at a great disadvantage on account of their remoteness from the older settlements. Communication was difficult. At first, letters were carried only by hand and irregularly. The roads were mere paths through the wilderness of forest and mountains. Merchandise and all the higher comforts of life were imported at great cost, on pack-horses. The manner of living was rough and simple, but hearty and sympathetic. The people spent their time in cultivating small " clearings " in the forests, in hunting, and in protecting themselves against the Indians. When the harvest was ripe or the fodder to be saved, women often labored in the fields with their husbands and brothers. All clothing was homespun. Men wore the hunting-shirt. Women were clad in linsey, a product of their own looms. Houses were rude structures of round or hewn logs and had puncheon floors. Open-hearted hospitality abounded and the feeling of brotherhood and mutual assistance everywhere prevailed. The moral sentiment was strong and forced out of a community all offensively wicked and craven characters. Our ancestors had an abiding faith in religion and revered sacred things. Unbelief was scarcely known, even among those who neglected the formal demands of the church. Articles of prime necessity, like axes, cow-bells, and rifles, passed instead of money. Coin was rare. Taxes were paid in peltry, home-made cloth, and similar products, taken at a fixed value. The State of Franklin even enacted a law providing that officers' salaries might be paid in skins and other articles of trade which had been received for taxes. Government assumed certain powers which would now be considered socialistic, or, at least, extremely paternal, as, for example, when county courts, not infrequently, fixed the price of whiskey, and tavern-rates for meals. Yet, with all their deprivations, the people generally were happy and contented.