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TENNESSEE 


HISTORICAL 


MAGAZINE 


Published  under  the  Authority^of 


Th 


e 


ennessee  Historical  Society 


EDITOR 
ST.  GEORGE  L.  SIOUSSAT 


VOLUME  II 


as 


hvill 


e 


1916 


4 


TENNESSEE 

HISTORICAL  SOCIETY 


Founded  1849 
Incorporated  1875 


■  1 


OFFICERS 


1 


President 

JOHN  H.  DEWITT 


Vice-Presiden  ts 

E.  T.  SANFORD 
PARK  MARSHALL 
J.  P.  YOUNG 
MRS.  B.  D.  BELL 


Recording  Secretary 
IRBY  R.  HUDSON 


I 


5/ 

1/.  2. 


Assistant  Recording  Secretary 

A.  P.  FOSTER 


Corresponding  Secretary 
ST.  GEORGE  L  SIOUSSAT 


Treasurer 
JOSEPH  S.  CARELS 


Financial  Agent 

COL.  GEORGE  C.  PORTER 


W.  E.  BEARD 


Committee  on  Publication 
JOHN  H.  DEWITT,  Chairman 


ST.  GEORGE  L  SIOUSSAT 


Business  Manager 
JOHN  H.  DEWITT 

Stahlman  Building 
Nashville,  Tennessee 


CONTENTS  OF  VOLUME  II. 


Number  1.     March,  1916. 


ARTICLES 


PAGE 

A,  P.  Whitaker       The  Public   School   System  of  Tennessee, 

1834-1860    1 

Park  Marshall  The  Topographical  Beginnings  of  Nash- 
ville        31 

Maggie  H.  Stone  Joseph  Greer,  The  King's  Mountain  Mes- 
senger:— A  Tradition  of  the  Greer 
Family    40 

DOCUMENTS 

Diaries  of  S.  H.  Laughlin  of  Tennessee,  1840,  1843,  with  Intro- 
duction and  Notes  by  the  Editor   43 

HISTORICAL  NOTES  AND  NEWS 

Proceedings  of  the  Society — Nashville  Meeting  of  the  Missis- 
sippi Valley  Historical  Association — Illinois  Historical 
"Collections"— Bolton's  "Texas  in  the  Middle  Eighteenth 
Century"    


86 


Number  2.    June,  1916. 


ARTICLES 


Wallace  McClure  Governmental  Reorganization,  A  Con- 

stitutional Need  in  Tennessee ....     89 

A.  E.  Martin  Anti-Slavery  Activities  of  the  Meth- 

odist   Episcopal    Church    in    Ten- 


nessee 


98 


R.  B.  C.  Howell  Early  Corporate  Limits  of  Nashville  110 

Hon.  J.  A.  Trousdale    A   History   of  the   Life   of   General 

William  Trousdale   119 

DOCUMENTS 

I.     Papers  of  Major  John  P.  Heiss,  of  Nashville,  with  Intro- 
duction and  Notes  by  the  Editor 137 

II.     Walker-Heiss  Papers,  II    147 


HISTORICAL  NOTES  AND  NEWS 

Proceedings  of  the  Society — Meeting  of  the  Mississippi  Val- 
ley Historical  Association — A  Request  from  Mr.  W.  E. 
Myer — Scrogg's  "Filibusters  and  Financiers" — Illinois 
Historical  "Collections"   150 


Number  3.    September,  1916. 

ARTICLES 

page 

Archibald  Henderson    Richard  Henderson:   The  Authorship 

of  the  Cumberland  Compact  and 

the  Founding  of  Nashville 155 

H.  M.  Henry  The  Slave  Laws  of  Tennessee 175 

J.  T.  McGill  Andrew  Greer 204 

DOCUMENTS 

Papers  of  Major  John  P.  Heiss,  of  Nashville,  with  Introduc- 
tion and  Notes  by  the  Editor  (Continued)   \  . .  208 

HISTORICAL  NOTES  AND  NEWS 

Death  of  Mr.  Clarence  S.  Paine — The  Society's  Manuscripts — 
Genealogical  Inquiry — McClure's  "State  Constitution  Mak- 
ing"      231 


Number  4.    December,  1916 


ARTICLES 

J.  P.  Young 


Fort  Prudhomme :   Was  It  the  First 
Settlement  in  Tennessee? 235 


Stephen  B.  Weeks 


Tennessee : 
Sources 


A    Discussion    on    the 
of   Its   Population   and 


the  Lines  of  Immigration 245 


Albert  V.  Goodpasture    John    Bell's    Political    Revolt,    and 


DOCUMENTS 


His  Vauxhall  Garden  Speech...  254 


I.    Letters  of  General  John  Coffee  to  his  Wife,  1813-1815, 

with  Introduction  and  Notes  by  John  H.  DeWitt 264 

II.     Roll  of  Tennessee  Cavalrymen  in  the  Natchez  Expedition  295 


HISTORICAL  NOTES  AND  NEWS 

Proceedings  of  the  Society — Meeting  of  the  Colonial  Dames — 
Annual  Meeting  of  the  Tennessee  Sons  of  the  American 
Revolution — Annual  Conference  of  the  Tennessee  Daugh- 
ters of  the  American  Revolution 


299 


INDEX 


TENNESSEE 


HISTORICAL  MAGAZINE 


Vol.  2.  MARCH,  1916.  No.  1 


THE  PUBLIC  SCHOOL  SYSTEM  OF  TENNESSEE, 

1834-1860 

The  purpose  of  this  paper  is  to  sketch  the  history  of  public 
schools  in  Tennessee  during  the  most  important  period  of 
their  existence  before  the  Civil  War,  to  follow  their  varying 
fortunes,  and  to  determine  if  possible  to  what  extent  they  met 
the  need  which  called  them  into  existence.  Only  a  brief  sum- 
mary of  events  before  1834  is  necessary  to  give  a  background 
for  the  period  under  discussion, 

1784-1823. 

In  spite  of  adverse  circumstances, — the  ever-present  danger 
of  Indians,  the  sparseness  of  population,  and  the  scarcity  of 
money, — the  early  settlers  of  Tennessee  took  steps  to  estab- 
lish schools.1  These,  however,  were  not  to  be  public  schools, 
but  private  academies.  The  constitution  proposed  for  the  state 
of  Franklin  by  the  Rev.  Hezekiah  Balch — but  rejected  by  a 
small  majority  in  the  convention — illustrates  the  point  in 
question;  for  while  it  made  explicit  provisions  for  the  found- 
ing of  a  university,  the  establishment  of  grammar  schools 
was  provided  for  only  in  case  it  should  "appear  to  be  useful 
to  the  interest  of  learning  in  this  state."2 

The  first  institutions  of  learning  in  Tennessee  were  acad- 
emies. The  first  of  these  were  Martin  Academy  (Greeneville, 
1783),  and  Davidson  Academy  (Nashville,  1785).  These  were 
followed  by  Blount  College  (Knoxville,  1794),  and  Greene- 
ville College  (Greeneville,  1795 ).3  When,  however,  Tennessee 
was  erected  into  a  state  in  1796,  it  adopted  with  only  the 
necessary  changes  the  constitution  and  laws  of  North  Caro- 
lina, and  with  them  inherited  the  parent  state's  policy  of  non- 
interference in  matters  of  education.4 

The  next  point  of  interest  is  the  Congressional  Act  of  1806, 


Annals  of 


Annals 


9Ibid. 
'Ibid. 


2  A.  P.  W hi  taker 

which  was  the  result  of  a  tripartite  agreement  between  the 
Federal  Government,  North  Carolina  and  Tennessee  to  settle 
a  dispute  of  long  standing  over  the  right  of  registration  in  a 
vast  extent  of  unappropriated  lands  in  Tennessee.  By  this 
act  two  tracts  of  land,  each  of  100,000  acres,  were  reserved, 
one  for  the  benefit  of  a  college  or  colleges,  the  other,  of  acad- 
emies; and  640  acres  were  to  be  set  aside  for  the  support  of 
common  schools  in  every  36  square  miles,  wherever  possible.5 

It  was  estimated  that  the  latter  reservation  would  yield 
about  450,000  acres,  but  in  1823  the  legislature  of  Tennessee 
adopted  a  memorial — which  was  presented  to  Congress  in  1825 
stating  that  only  22,705  acres  had  been  realized.  Efforts 
were  made  again  and  again  by  the  state  to  secure  from  the 
Federal  Government  some  compensatory  grant.  It  was  only 
in  1845-6,  however,  when  the  remaining  lands  were  of  little 
value,  that  Congress  released  to  Tennessee  all  the  vacant  and 
unappropriated  lands  within  the  state — and  even  then  there 
were  restrictions.6 

The  net  result  of  this  was  not  only  that  the  funds  expected 
from  this  source  for  the  common  schools  failed  to  materialize 
but  also  that  the  delay  and  uncertainty  as  to  what  action 
Congress  would  take  prevented  the  state  legislature  from 
rendering  the  assistance  that  it  might  otherwise  have  been 
disposed  to  give.  As  long  as  hope  of  any  less  disagreeable 
alternative  held  out,  the  representatives  of  the  people  did  not 
intend  to  risk  incurring  popular  disfavor  by  adding  to  the 
financial  burdens  of  the  state. 

The  colleges  and  academies  were  equally  unfortunate. 
Their  tracts  of  land  were  unwisely  located  in  the  district  south 
of  the  French  Broad  and  Holston  Rivers,  thereby  cutting  the 
apparent  value  of  the  land  to  half  of  what  it  would  have  been 
if  located  in  some  other  part  of  the  state.  Even  worse  than 
this,  the  "occupants"  of  this  land  regarded  the  sum  demanded 
of  them  as  exorbitant;  delays  and  much  real  suffering  oc- 
curred; and  the  net  result  was  that  a  feeling  of  resentment 
against  the  colleges  and  academies  was  engendered  which 
made  itself  felt  even  in  matters  of  state-wide  interest.7 

*E.  T.  Sanford,  Blount  College  and  the  University  of  Tennessee, 
pp.  24,  25. 

•Sanford,  Blount  College,  pp.  98-101.  L.  S.  Merriam,  Higher  Educa- 
tion in  Tennessee,  p.  23.  See  also  A.  V.  Goodpasture,  "Education  and 
Public  Lands  in  Tennessee/'  American  Historical  Magazine,  Vol.  IVf 
No.  3. 

'Memorial  of  the  President  and  Board  of  Trustees  of  East  Tenn- 
essee College,  asking  the  removal  of  the  location  to  some  other  dis- 
trict. This  memorial,  in  the  Knoxville  Register,  Sept.  2,  1825,  was 
endorsed  by  an  editorial  in  the  same  issue;  and  in  a  memorial  drawn 
up  by  the  citizens  of  this  district  in  convention  at  Sevierville.  Register, 
Sept.  30,  1825.  See  also  editorial,  "Education,"  ibid.,  Oct.  21.  Also 
«ee  below  p.  7,  for  the  vote  in  the  constitutional  convention  of  1834. 


Tennessee  Public  Schools,  1834-1860  3 


On  the  whole,  the  lot  of  the  common  schools  was  consid 
erably  worse.  Their  misfortune  was  state-wide  in  its  extent 
and,  for  a  time  at  least,  paralyzing  in  its  effects.  That  of 
the  academies,  on  the  other  hand,  was,  in  its  popular  aspects, 
confined  to  a  small  and  comparatively  poor  region,  not  the 
natural  home  of  private  schools  in  any  event;  and,  on  its 
financial  side,  though  serious,  was  to  a  considerable  extent 
counterbalanced  by  the  willingness  of  the  academies'  patrons 
to  pay  a  little  more  when  necessity  demanded  it.  Conse- 
quently, while  even  the  conception  of  a  common  school  system 
was  still  dim  and  indistinct,  the  academies  were  growing  in 
numbers  and  strength. 

No  acts  of  fundamental  importance  were  passed  by  the 
legislature  during  this  period,  which  was  primarily  forma- 
tive, preparatory  in  its  character. 

The  year  1815  saw  the  passage  of  an  act,  the  consequences 
of  which  were  most  unfortunate.  It  was  provided  that  a  tax 
on  property  and  polls  should  be  levied  to  educate  "those  poor 
orphans  who  have  no  property  to  support  and  educate  them, 
and  whose  fathers  were  killed  or  have  died  in  the  service  of 
their  country  in  the  late  war."8  The  good  effect  of  this  ex- 
ample of  levying  a  tax  for  education  was  more  than  nullified 
by  the  unfortunate  restriction  of  its  use  to  "poor  relief,"  thus 
putting  the  seal  of  the  state's  approval  on  the  conception  of 
public  schools  and  pauper  schools  as  synonymous. 

The  distinction  between  the  purposes  for  which  the  com- 
mon school  and  academy  lands  had  been  appropriated  was 
not  at  first  clear  in  the  minds  of  those  who  handled  the  funds.9 
The  earliest  indication  of  the  differentiation  of  the  two  is 
in  an  act  passed  in  1817,  which  was  designed  to  prevent  the 
public  school  funds  from  going  to  support  academies,  and 
which  may  be  regarded  as  "the  germ  of  the  common  school 
system  as  distinguished  from  the  academy."10  This  was  fol- 
lowed in  1821  by  an  act  for  the  purpose  of  making  more  cer- 
tain the  use  of  the  proceeds  from  the  common  school  lands 
for  none  but  public  purposes,  and  requiring  academy  trustees 
to  hand  over  all  such  funds  in  their  possession  to  the  public 
school  commissioners. 


1823-1834. 

Public  schools  and  academies  clearly  differentiated,  but 
public  schools  regarded  as  pauper  schools — this  was  the  situa- 
tion when  the  legislature  met  in  1823.  In  this  year  an  aet 
was  passed  which  marks  the  beginning  of  earnest  effort  on 


8 


S.  B.  Weeks,  "History  of  Public  Schools  in  Tennessee,"  Ch.  Ill, 
in  a  forthcoming  Bulletin  of  the  Bureau  of  Education. 
"Ibid. 


10 


Ibid. 


4  A.  P.  WJUtoker 


the  part  of  the  state  to  provide  an  adequate  public  school 
system. 

This  act11  contains  three  noteworthy  features:  the  first  is 
the  establishment  of  a  permanent  fund  for  the  use  of  the  com- 
mon schools.  For  this  purpose  it  was  provided  that  the  pro- 
ceeds from  the  sale  and  state  taxes  on  certain  vacant  lands 
north  and  east  of  the  Congressional  Reservation  Line  should 
constitute  a  "perpetual  and  exclusive"  common  school  fund. 

Thus  the  public  school  and  academy  funds  were  finally  sepa- 
rated. 

The  second  point  of  interest  is  the  provision  that  the 
county  commissioners — who  were  to  be  the  really  important 
administrative  officials  of  the  system — should  receive  no  pay 
whatsoever.  This  provision  resulted  then,  as  it  always  has, 
in  the  failure  of  the  system  that  was  founded  on  it.12 

The  third  and  most  important  feature  of  all  was  that 
the  funds  thus  realized  were  to  be  used  for  the  benefit  of 
poor  children,  either  by  establishing  "poor  schools"  for  them, 
or  by  paying  their  tuition  fees  at  already  existing  schools. 

It  is  small  wonder  that  a  system  which  was  to  be  financed 
by  a  fund  that  failed  to  materialize,  and  which  sought  to 
secure  its  administration  by  officers  not  paid  or  rewarded  in 
any  way,  should  have  failed  to  fulfill  the  hopes  of  its  sup- 
porters. The  evil  effect  of  the  provisions  making  it  a  "pauper 
system"  were  not  felt  so  much  then  as  at  a  later  period,  when 
ideas  as  to  the  function  of  public  education  had  changed  and 
broadened  and  when  it  was  attempted  to  make  the  public 
school  system  universal  in  its  operation. 

The  provisions  of  this  act  were  elaborated  in  1825,13  but 
the  principal  efforts  of  the  legislature  were  made  in  a  petition 
presented  to  Congress  in  the  same  year  asking  that  the  state 
be  allowed  to  provide  for  its  common  schools  out  of  the  lands 
south  and  west  of  the  Congressional  Reservation  Line.14  This 
failing,  however,  the  legislature  was  at  last  compelled  to  fall 
back  on  its  own  resources. 

In  1827  an  act  was  passed  to  make  more  adequate  pro- 
vision for  the  school  fund.15  This  declared  all  the  capital  and 
interest  of  the  new  state  bank,  except  the  one-half  of  the 
principal  sum  already  received ;  all  the  proceeds  from  the  sale 
of  the  Hiawassee  lands ;  all  other  sources  of  income  previously 
appropriated  to  that  purpose,  and  in  addition  others  of  not 
so  great  importance,  a  part  of  the  common  school  fund. 

To  administer  this  fund,  an  act  was  passed  on  January 

■ 

"Acts  of  1823,  Ch.  49. 

"See  below,  Report  of  the  Superintendent  of  Education,  1839. 

"Acta  of  1825,  Ch.  76. 

"Sanford,  Blount  College,  p.  99. 

"Acts  of  1827,  Ch.  64. 


Tennessee  Public  Schools,  18341860  5 


14,  1830.  It  was  provided  that  five  trustees  should  be  elected 
in  each  county  to  superintend  the  working  of  this  act  on  its 
educational  side,  and  also  to  elect  not  more  than  seven  nor 
less  than  five  commissioners  who  should  have  charge  of  the 
financial  workings  of  the  act  in  their  county. 

The  great  defect  of  this  act  was  in  failing  to  provide  for  a 
central  supervisory  authority.  The  school  fund  was  scattered 
all  over  the  state,  and  much  of  it  was  mismanaged,  lost,  and 
misappropriated.  There  was  no  one  to  call  the  trustees  to 
account  if  they  failed  to  carry  out  the  provisions  of  this  law. 
Another  objection  to  it  was  that  rate  bills  were  necessary  to 
bolster  it  up  and  that  it  depended  upon  private  subscription 
and  individual  initiative  for  its  effectiveness. 

It  must  not  be  thought,  however,  that  the  system  enacted 
in  1829-1830  was  totally  devoid  of  good  features  and  good  re- 
sults. It  was  the  first  real  effort  on  the  part  of  the  state  to  pro- 
vide for  a  system  of  public  education,  and  marked  a  step  for- 
ward in  the  progress  of  the  public  school  idea,  for,  although  it 
was  first  of  all  a  pauper  system,  it  contemplated  the  teaching  of 
"rich  and  poor  alike."  In  this  last  respect  it  is  a  decided 
advance  over  the  law  of  1823,  and  marks  the  beginning  of  the 
growth  of  the  idea  of  public  instruction  as  universal  in  its 
working.  The  good  that  was  accomplished  by  this  act  of  1829 
was  of  an  indirect  nature  and  was  not  immediate.  Though  it 
did  very  little  towards  driving  out  ignorance,  it  at  least  showed 
the  people  of  the  state  what  sort  of  law  they  ought  not  to  have. 
It  had  its  good  points,  but  the  principal  good  done  by  them 
was  to  bring  out  the  defects  in  the  popular  theory  of  the 
function  of  public  instruction  more  clearly,  and  to  show  how 

fatal  they  were  to  the  system  and  how  impossible  it  was  to 
accomplish  any  real  results  until  they  had  been  remedied. 

In  1831,  1833  and  1834  legislation  was  enacted  which 
added  somewhat  to  the  size  of  the  school  fund,  but  nothing 

of  importance  was  done. 

Thus  in  1834  the  three  significant  facts  in  regard  to  the 
common  school  system  are  that  it  was  universally  regarded 
as  a  pauper  system,  that  it  depended  on  the  school  lands  and 
bank  stock  for  nearly  all  of  its  revenue,  and  that  there  was 
no  semblance  of  organization  about  it. 

1834-1844. 

"The  great  work,"  as  Caldwell  describes  it,16  of  the  con- 
stitutional convention  of  1834  was  the  adoption  of  an  article 
describing  the  common  school  fund,  declaring  it  a  perpetual 
fund,  and  directing  the  legislature  to  take  definite  steps  to 
secure  it  by  the  appointing  of  a  board  of  commissioners.    The 

"Constitutional  History  of  Tennessee,  Robt.  Clarke  Co.,  Cincin- 
nati, 1907,  p.  211. 


f 
i 


6  A.  P.  W  hi  taker 


text  of  this  eleventh  article,  the  first  constitutional  provision 
in  Tennessee  for  the  encouragement  of  education  and  the  first 
act  in  the  most  interesting  period  in  the  educational  history 
of  the  state,  is  worth  while  giving  in  detail.  *  It  runs :  "Sec.  10 
Knowledge,  learning  and  virtue  being  essential  to  the  preser 
vation  of  republican  institutions,  and  the  diffusion  of  the  op 
portunities  and  advantages  of  education  throughout  the  dif 
ferent  portions  of  the  state  being  highly  conducive  to  the  pro 
motion  of  this  end,  it  shall  be  the  duty  of  the  General  As 
sembly  in  all  future  periods  of  this  government  to  cherish 
literature  and  science.  And  the  fund  called  the  'Common 
School  Fund'  and  all  the  lands  and  proceeds  thereof,  divi- 
dends, stocks  and  all  other  property  of  every  other  description 
whatever  heretofore  by  law  appropriated  for  the  use  of  com- 
mon schools,  and  all  such  as  shall  hereafter  be  appropriated, 
shall  remain  a  perpetual  fund,  the  principal  of  which  shall 
never  be  diminished  by  legislative  appropriation,  and  the  in- 
terest thereof  shall  be  inviolably  appropriated  to  the  support 
and  encouragement  of  common  schools  throughout  the  state, 
and  for  the  equal  benefit  of  the  people  thereof;  and  no  law 
shall  be  made  authorizing  said  fund,  or  any  part  thereof,  to 
be  diverted  to  any  other  use  than  the  support  and  encourage- 
ment of  common  schools;  and  it  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  appoint  a  board  of  commissioners,  for  such 
term  of  time  as  they  may  think  proper,  who  shall  have  the 
general  superintendence  of  said  fund,  and  who  shall  make  a 
report  of  the  condition  of  the  same  from  time  to  time  under 
such  rules,  regulations  and  restrictions  as  may  be  required 
by  law;  Provided,  that  if  at  any  time  hereafter  a  division  of 
the  public  lands  of  the  United  States,  or  of  the  money  arising 
from  the  sale  of  such  lands,  shall  be  made  among  the  indi- 
vidual states,  the  part  of  such  land  or  money  coming  to  this 
state  shall  be  devoted  to  the  purpose  of  education  and  internal 
improvements,  and  shall  never  be  applied  to  any  other  pur- 
pose." 

This  and  the  following  section,  winch  concerns  the  acad- 
emies and  colleges,  comprise  the  sum  total  of  the  action  of  the 
constitutional  convention  of  1834  in  behalf  of  education.  The 
section  which  interests  us  did  not  have  easy  sailing  in  the 
convention,  and  a  brief  notice  of  the  struggle  of  which  it  was 
the  center  will  both  be  intending  and  also  throw  light  on 
conditions  in  Tennessee  at  the  time. 

Three  proposals  were  made  in  the  convention  which  were 
not  adopted,  but  which  are  important  since  they  serve  as  a 
barometer  of  educational  conditions  in  that  period.  The  first 
of  these  was  a  motion  made  by  Representative  Mabry,  of 
Knox  County,  that  in  addition  to  other  sources  of  revenue 
which  he  enumerated,  a  tax  on  free  white  polls  be  levied  and 


< 


Tennessee  Public  Schools,  1834-1860 


7 


appropriated  to  the  use  of  the  common  schools  of  the  state.17 
Since  this  appears  to  have  been  the  first  effort  to  support  the 
common  schools  (not  as  "poor  schools")  by  taxation,  the  num- 
ber of  votes  that  it  received  was  surprisingly  large,  the  vote 
being  36  to  20  against  it.18 

The  second  of  these  motions  was  a  part  of  the  report  of 
the  select  committee  on  the  common  school  fund,  which  rec- 
ommended   (along  with   the   10th   section  as   it  was   finally 


adopted)  that 


per  cent  (the  space  was  left  blank)  of  the 


net  revenue  of  the  state  be  appropriated  to  the  support  of  the 
"public  and  common  schools."19  This  motion,  too,  had  a  con- 
siderable number  of  delegates  in  favor  of  it,  but  was  rejected 
by  a  vote  of  36  to  21.20 

Thus  two  progressive  measures  had  been  defeated,  and  it 
remained  to  be  seen  how  a  reactionary  proposition  would  be 
received.  Just  before  the  latter  of  the  foregoing  motions  was 
rejected,  Newton  Cannon,  of  Williamson  County,  introduced 
an  article  which  was  to  take  the  place  of  the  one  recommended 
by  the  committee,  and  which  differed  from  it  in  not  attempting 
to  define  the  school  fund  and  in  containing  no  provision  call- 
ing on  the  legislature  to  establish  a  central  state  authority 
to  supervise  the  school  system.21  The  effect  of  this  would  have 
been  simply  to  leave  matters  in  statu  quo,  to  give  constitu- 
tional recognition  to  the  common  schools  as  they  stood,  but 
neither  to  aid  nor  encourage  them  in  any  way.  This  motion 
was  passed,  without  even  a  call  for  the  ayes  and  noes.  On 
the  following  day,  however,  on  the  motion  of  Huntsman,  of 
Madison  County,  the  convention  reconsidered  and  defeated 
Cannon's  motion,  the  vote  being,  on  the  call  for  ayes  and 
noes,  44  to  ll.22 

An  analysis  of  the  votes  by  sections  on  these  motions  reveals 
some  interesting  facts: 


East 

Tennessee . 

Middle 


On  Mabry's  Motion 

to  Assess  Poll 

Tax 

For    Against 


On  Motion  to  Strike 
out  Appropriation 

Clause 

For     Against 


On  Cannon's 
Motion 

For    Against 


9 


8 


7 


10 


3 


13 


Tennessee .     10 


18 


21 


7 


4 


24 


West 


Tennessee . 


1 


10 


8 


4 


4 


7 


Total    ...     20 


36 


36 


21 


11 


44 


11  Journal  of  the  Convention,  p.  198. 
18Ibid.,  pp.  199-200. 
"Ibid.,  p.  206. 

"Ibid.,  p.  304. 


^Ibid.,  p.  304. 
"Ibid.,  pp.  306-307 


8  A.  P.  Whi taker 


It  is  evident  from  this  that  East  Tennessee  was 
the  stronghold  of  sentiment  in  favor  of  ^the  common  schools, 
being  the  only  one  of  the  sections  that  favored  the  poll  tax 
and  the  fixed  annual  appropriation.  Middle  and  West  Ten- 
nessee, on  the  other  hand,  were  overwhelmingly  against  both 

measures,  the  latter  being  almost  unanimous  against  the  poll 
tax. 

In  harmony  with  the  spirit  of  these  constitutional  pro- 
visions, Governor  Newton  Cannon,  in  his  message  \o  the  gen- 
eral assembly  on  October  15,  1835,  after  pointing  out  that 
"previous  efforts  of  the  legislature  on  this  subject  have  failed," 
urges  action  for  the  common  schools,  "under  the  salutary  in- 
fluence of  which  no  child  .  .  .  would  be  permitted  to  grow 
up  .  .  .  without  being  instructed  at  least  in  the  common 
branches  of  English  education,"  He  makes  his  plea  in  very 
much  the  same  language  that  was  used  in  the  constitution, 
arguing  that  the  safety  of  republican  institutions  can  be  as- 
sured by  nothing  save  the  enlightenment  of  the  whole  mass  of 
the  people.  This  same  argument,  expressed  in  almost  the  same 
terms,  appears  in  the  message  of  nearly  every  governor  from 
John  Sevier  to  Andrew  Johnson,  covering  half  a  century.  The 
floweriness  of  language  and  richness  of  popular  appeal  vary 
in  degree  in  proportion  to  the  expected  closeness  of  the  next 
gubernatorial  election  and  the  scarceness  of  campaign  mate- 
rial. The  elections  for  governor  in  Tennessee  between  1835 
and  1855  are  remarkable  for  their  uniform  closeness,  especially 
during  the  forties,  when  the  successful  candidate  was  often 
elected  by  a  majority  of  no  more  than  two  or  three  thousand 
in  more  than  one  hundred  thousand  votes.  So  we  find  in  the 
messages  of  this  period  the  most  enthusiastic  commendations 
of  common  schools. 

Governor  Cannon,  however,  seems  to  have  been  sincere  in 
his  efforts.  At  any  rate,  he  committed  himself  and  his  party, 
just  brought  back  into  power,  to  the  establishing  of  an  ade- 
quate common  school  system  at  a  time  when  not  only  the  peo- 
ple of  Tennessee  but  of  the  whole  country  were  alive  to  the 
necessity  of  taking  immediate  and  sweeping  measures  to  check 
the  alarmingly  rapid  increase  of  illiteracy.  The  effects  of  this 
movement,  which  was  best  known  in  Tennessee  through  the 
work  and  reports  of  Horace  Mann,  of  Massachusetts,  were 
slow  in  being  felt  in  this  state,  but  the  efforts  of  his  followers 
were  slowly  making  headway  when  the  movement  received 
great  impetus  from  the  action  of  the  constitutional  convention 
of  1834  in  behalf  of  the  common  schools. 

The  plans  of  the  reformers  began  to  take  shape  immediately 
after  the  adoption  of  this  constitution,  and  their  first  victory 
was  won  in  the  passage  by  the  general  assembly,  February 


I 


Tennessee  Public  Schools,  1834-1860  9 


J 

19,  1836,  of  a  bill23  providing  for  a  board  of  commissioners  for 
the  common  schools,  in  pursuance  of  the  directions  in  the  con- 
stitution recently  adopted,  and  for  a  superintendent  of  public 
instruction.  The  primary  purpose  of  this  act  was  to  secure 
the  school  fund  by  putting  the  whole  of  it  in  the  hands  of  a 
definite  body,  which  should  have  charge  of  and  responsibility 
for  its  collection,  disbursement  and  general  management.  The 
actual  establishing  of  a  system  of  public  instruction  was  post- 
poned until  the  finances  of  the  fund,  which  were  in  a  confused 
and  disorganized  state,  had  been  put  in  order  by  the  board  of 
commissioners.  The  plan  was  the  same  as  the  one  followed  in 
organizing  the  then  existing  system,  for  which  the  fund  had 
been  provided  in  1827  and  the  actual  system  for  the  use  of  its 
proceeds  in  1829. 

The  board  of  common  school  commissioners  was  made  up 
of  the  superintendent  of  public  instruction,  the  treasurer  of 
the  state  and  the  comptroller  of  the  treasury,  the  first  named 
to  be  the  executive  officer  of  the  board.  He  was  to  collect  the 
moneys,  notes,  securities,  bonds  and  other  property  of  the 
state  or  of  the  common  school  fund  in  the  hands  of  the 
agents  appointed  to  close  the  Bank  of  the  State,24  and  in 
those  of  the  county  school  commissioners.  The  board  was  to 
appoint  an  agent  in  each  county  of  the  state  to  attend  to  the 
renewing  of  securities  and  the  gradual  payment  of  all  amounts 
due  the  board  under  this  act.  It  was  also  provided  that  all 
accounts,  documents,  etc.,  relating  to  the  sale  of  the  Hiawassee 
lands  and  to  the  college  and  academy  lands  south  of  the 
French  Broad  and  Holston  Rivers  should  be  turned  over  to 
him  or  the  board's  authorized  agent.  It  was  provided  that  as 
fast  as  the  fund  was  collected  it  should  be  invested  in  the 
stock  of  the  Planters'  Bank  of  Memphis.  By  an  act  passed  in 
January,  1838.  however,  it  was  provided  that  the  whole  of  the 
common  school  funds  should  become  a  part  of  the  capital  of 
the  recently  established  Bank  of  Tennessee. 

The  superintendent  of  public  instruction  was  to  be  elected 
by  a  joint  vote  of  the  general  assembly,  to  hold  office  for  two 

years,  and  to  receive  a  salary  amounting  to  $1,500.00  a  year. 
Besides  his  duties  as  financial  agent  of  the  board,  he  was  re- 
quired to  include  in  his  annual  report  to  the  legislature  a  full 
statement  as  to  the  condition  of  the  schools  over  the  state  and 
to  make  recommendations  as  to  amendments  to  the  law  or 
other  legislation.  It  appears  from  this  that,  though  he  was 
not  given  power  to  enforce  the  laws  or  to  force  action  for 
common  schools  in  the  backward  districts,  he  was  to  super- 


28 


Acts  of  1835-6,  Ch.  23. 
"By  Chapter  67  of  the  Acts  of  1833. 


10  A.  P.  W Maker 


intend  the  state  system  of  schools  in*  a  capacity  more  than 
that  of  mere  financial  agent  or  treasurer  of  the  fund. 

To  provide  for  the  use  of  these  funds  an  act  was  passed  on 
the  24th  of  January,  1838,  entitled  "An  act  to  establish  a 
system  of  Common  Schools  in  Tennessee."25  This  act  assigns 
few  new  duties  to  the  superintendent,  but  lays  more  stress 
upon  those  parts  of  his  annual  report  to  the  legislature  which 
were  concerned  with  the  statement  as  to  the  condition  of  the 
system  and  suggestions  as  to  modifications  and  alterations  of 
the  law  looking  to  the  more  efficient  organization  of  the 
schools.  It  is  provided  that  he  shall  apportion  the  school 
funds  among  the  several  counties  of  the  state  according  to 
their  scholastic  population. 

In  order  that  he  may  have  the  proper  information  as  the 
basis  for  this  distribution,  the  superintendent  is  instructed  to 
send  out  blank  forms  by  which  the  clerks  of  the  county  courts 
may  make  their  reports  uniform.  Uniformity  to  at  least  a 
limited  degree  in  the  course  of  study  is  to  be  secured  by  his 
sending  out  letters  of  instruction  to  the  different  counties. 

By  an  act  passed  a  few  days  before  this  one,  as  stated 
above,  the  whole  of  the  common  school  fund  had  been  made 
a  part  of  the  capital  stock  of  the  Bank  of  the  State.  It  was 
provided  in  the  same  act  that  the  bank  should  pay  $  100,000 
a  year  to  the  board  of  commissioners  as  interest  on  this  fund. 
By  the  act  now  under  consideration,  this  sum  and  all  taxes  for 
the  schools  were  to  be  paid  into  the  treasury  of  the  state  and 
to  be  protected  in  the  same  manner  as  the  state's  funds,  but 
were  to  remain  a  separate  and  distinct  fund. 

The  unit  of  school  administration,  as  established  by  this 
law,  coincided  with  the  already  existing  civil  districts,  thus 
making  the  number  of  school  districts  987.  The  law  provided 
that  the  constables  of  each  district  should  hold  an  election 
every  two  years  in  June  for  the  purpose  of  electing  five  school 
commissioners  for  that  district.  To  these  commissioners  was 
given  practically  every  power  and  duty  that  had  not  already 
been  delegated  to  the  superintendent  of  public  instruction, 
with  the  important  exception  that  all  their  reports,  financial 
and  scholastic,  were  to  be  made  through  the  county  court 
clerk,  who  was  otherwise  not  an  officer  on  the  system  and  not 
connected  with  it  in  any  way. 

Some  of  the  more  important  of  the  duties  of  the  commis- 
sioners were  to  employ,  pay  and  dismiss  teachers,  to  make  out 
the  rate  bills,  "to  exempt  from  the  payment  of  the  wages  of 
teachers  such  indigent  persons  within  the  district  as  they 
shall  think  proper,"  and  to  make  annually  to  the  clerk  of  the 
county  court  a  detailed  report  of  the  condition  of  the  schools 

"Acts  of  1887-8,  Ch.  148. 


Tennessee  Public  Schools,  1834-1860  11 


in  their  district.  They  were  also  to  collect  the  pro  rata  assess- 
ment which  the  children's  parents  were  to  pay  for  instruction, 
and  in  case  all  the  funds  arising  from  this  source  and  from 
the  district's  share  of  the  state  superintendent's  distribution 
of  the  school  fund  should  prove  insufficient,  they  were  to  col- 
lect the  remainder  from  the  parents  of  the  children  attending. 

The  structure  of  the  system  thus  enacted  was  compara- 
tively simple,  almost  the  entire  working  out  and  supervision 
of  its  details,  financial  and  educational,  being  left  in  the  hands 
of  two  classes  of  officers — the  state  and  district  boards  of 
school  commissioners.  The  pauper  element  still  played  a 
prominent  part  in  it,  as  shown  by  the  provisions  instructing 
the  district  commissioners  to  exempt  from  paying  the  rate 
bills  "such  indigent  persons"  as  they  should  deem  fit.  That 
it  was  realized  that  the  fund  wras  inadequate  is  shown  by  the 
fact  that  rate  bills  and  private  subscription  were  to  be  re- 
sorted to,  and  by  the  provision  in  section  23,  that  "It  shall  be 
the  duty  of  every  person  sending  a  child  to  school  to  provide 
his  just  proportion  of  fuel  for  the  use  of  the  school." 

The  weakest  point  in  the  system,  all  things  considered,  is 
the  use  of  the  county  court  clerks  as  connecting  links  between 
the  superintendent  and  the  district  commissioners,  thus  de- 
priving the  head  of  the  system  of  that  direct  control  over  his 


subordinates  which  was  so  necessary  to  the  proper  unification 
and  harmonious  working  of  the  whole  machine.  On  the  whole, 
however,  the  system  was  a  good  one,  not  only  furnishing  a 
sound  basis  on  which  to  build  up  a  better  one  in  the  future, 
but  also  constituting  in  itself  a  considerable  advance  over  the 
systems  that  had  before  been  enacted.  Its  chief  merit  lay  in 
the  fact  that  it  made  possible  the  centralization  of  the  author- 
itv  over  the  thousands  of  common  schools  that  had  hitherto  led 
an  isolated  existence. 

The  first  superintendent  of  public  instruction  elected  un- 
der the  provisions  of  this  act  was  Col.  Kobert  H.  McEwen,  a 
man  of  considerable  business  abilitv  and  extensive  connec- 
tions,  and  a  wide-awake,  independent  thinker.  He  was  elected 
not  long  after  the  passage  of  the  bill  of  1836  and  immediately 
assumed  the  duties  of  his  office.  His  report  for  the  year 
1838-39  is  the  first  report  of  a  superintendent  of  public  in- 
struction in  Tennessee,  and  is  very  interesting  for  a  number 
of  other  reasons-    In  the  first  place,  we  get  for  the  first  time 


a  survey — though  very  incomplete — of  the  educational  condi- 
tion of  the  whole  state.  In  the  second  place,  it  is  the  high 
water  mark  of  legislative  provision  for  common  schools  in 
Tennessee  before  the  war,  and  shows  why  the  tide,  instead  of 
continuing  to  swell,  began  to  ebb  almost  immediately.  Finally, 
it  shows  to  what  extent  Tennessee  was  affected  by  the  general 


12  A.  P.  W hi  taker 


wave  of  sentiment  in  favor  of  universal  education  that  was 
sweeping  over  the  country  at  that  time. 

Before  considering  the  report,  it  would  be  well  to  turn  for 
a  moment  to  the  investigation  that  had  been  made  by  the 
general  assembly  of  Col.  McE wen's  handling  of  the  common 
school  fund  since  his  election  to  office  four  years  before.  As 
he  himself  admits  in  his  report  of  the  same  year,  practically  „ 
nothing  had  been  done  towards  putting  into  operation  the 
system  established  by  the  law  of  1838.  His  handling  of  the 
money  between  the  passage  of  the  act  of  1836  and  that  of 
1838  had  caused  a  great  deal  of  unfavorable  comment,  but  the 
movement  against  him  did  not  gain  much  headway  until  the 
long  delay  in  getting  the  system  enacted  by  the  law  of  the  latter 
year  under  way  and  its  unsatisfactory  working  after  it  had 
been  inaugurated  brought  pressure  to  bear  upon  the  legislature 
and  forced  an  investigation.  The  result  of  the  investigation 
was  that  the  majority  of  the  committee  reported  that  the  super- 
intendent had  mismanaged  the  school  fund  in  various  and 
sundry  ways  and  that  there  was  a  balance  against  him  of 
$  121,169.05,  misappropriated  and  otherwise  not  properly  ac- 
counted for.  This  opinion  was  not  unanimous,  for  one  of  the 
members  of  the  joint  select  committee  submitted  a  minority 
report  to  the  general  assembly,  in  which  he  defended  the  super- 
intendent vigorously  and  ably.  It  so  happened  that  Col.  Mc- 
E wen's  term  of  office  was  almost  up,  so  the  assembly  took  the 
simplest  course  and  let  him  complete  the  brief  remainder  of 
his  term,  electing  as  his  successor  Robert  P.  Currin.  Suit  was 
shortly  afterwards  instituted  in  the  chancery  court  against 
him  and  his  securities  to  recover  the  above  amount,  but  after 
considerable  litigation  the  affair  was  finally  compromised  by 
a  committee  appointed  by  the  legislature  with  the  defendants, 
who  were  to  pay  $10,797.86  in  settlement  of  all  claims  against 
them. 

The  report20  of  Col.  Robert  H.  McEwen  is  dated  October 
8,  1839.  Several  pages  at  the  first — a  considerable  part  of  the 
whole — are  devoted  to  an  explanation  and  defense  of  his  use 
of  the  school  funds.  One  of  the  charges  against  him  was  that 
he  had  not  invested  the  revenue  from  the  funds  in  stock  of 
the  Planter's  Bank  of  Memphis.    To  this  he  made  answer  that 


—  __7 

f erred  to,  far  below  par. 


was 


that 


payment 


fund,  but,  as  he  well  says,  the  finances  of  the  whole  country 
were  badly  disorganized  about  that  time,  and  "there  was  no 
standard  of  currency.  What  was  current  at  one  time  and  in 
one  place  was  not  so  in  another,  or  in  the  same  place  at  an- 

"Appendix,  H.  J.,  1840. 


Tennessee  Public  Schools,  1834-1860  13 


other  time,"  Banking  conditions  throughout  the  South,  and 
especially  in  Tennessee,  were  about  as  bad  as  could  be,  and 
all  sorts  of  worthless  currency  was  getting  into  circulation. 
As  for  the  general  condition  of  the  school  fund,  he  stated  that 
he  had  "experienced  much  difficulty,  not  only  from  the  con- 
fused and  scattered  condition  of  that  fund,  but  from  the  pe- 
cuniary embarrassments  of  the  country.  .  .  .  The  amount 
of  outstanding  debts  is  considerable."  The  majority  report 
of  the  committee  (see  above)  appointed  about  a  month  after 
this  report  was  made  states  that  the  school  fund  amounted  at 
that  time  to  about  fl, 400,000.00,  of  which  some  $975,000  was 
in  stocks,  $125,000  still  to  be  received  from  the  sale  of  the 
unsold  lands  in  the  Ocoee  district,  and  $3,765  in  real  estate, 
while  the  remaining  $300,000  was  made  up  of  various  debts, 
of  which  about  $67,000  was  classed  as  doubtful.  Though  not 
adequate,  by  itself,  to  the  needs  of  the  school  system,  this 
fund  was,  Col.  McEwen  pointed  out  in  his  report,  almost  as 
large  as  any  state  common  school  fund  in  the  United  States, 
and  could  do  excellent  work  if  properly  supplemented  by  local 
taxation. 

With  regard  to  the  actual  condition  of  the  schools  and  the 
work  done,  the  superintendent  says,  "Little  more  can  be  com- 
municated to  the  present  legislature  than  mere  preliminary 
measures."  The  school  year  extended  theoretically  from  July 
1,  1838,  to  July  1,  1839,  but  the  detailed  provisions  of  the  law 
as  to  the  distribution  of  the  funds  were  such  that,  had  they 
been  complied  with  immediately  by  the  commissioners  of  every 
district,  little  or  nothing  could  have  been  accomplished  be- 
fore February,  1839.  The  law  required  that  the  county  court 
clerks  should  forward  to  the  superintendent  the  reports  col- 
lected by  them  from  the  district  commissioners  in  their  county 
on  or  before  November  1,  1838,  and  the  superintendent  was 
allowed  the  months  of  December  and  January  for  completing 
the  necessary  records,  determining  the  amount  due  each  coun- 
ty, and  making  the  distribution.  But  in  his  report  to  the 
legislature,  the  superintendent  stated  that  a  large  number  of 
districts,  in  some  cases  whole  counties,  had  failed  to  make 
any  report  to  him  as  late  as  the  1st  of  February,  the  day  by 
which  he  was  supposed  to  have  made  the  distribution  of  the 
fund.  Since  the  share  of  each  district  could  not  be  deter- 
mined until  the  whole  number  of  the  scholastic  population 
had  been  ascertained,  it  was  necessary  to  delay  the  distribu- 
tion until  at  least  an  estimate  of  the  population  of  the  delin- 
quent districts  could  be  obtained.  Owing  to  the  fact  that  the 
directors  of  the  Bank  of  Tennessee,  in  accordance  with  the 
provisions  of  their  charter,  were  unable  to  pay  the  $  100,000 
due  on  the  school  fund  until  the  5th  of  July  (the  end  of  the 


14 


A.  P.  WMtaker 


banking  year),  the  apportionment  of  tin*  fund  among  the  sev- 
eral districts  was  finally  postponed  until  late  in  the  summer. 
Naturally,  then,  there  was  little  to  report  early  in  October 
of  the  same  year,  less  than  three  months  later. 

What  he  actually  reports  is  soon  told:  In  911  out  of  the 
987  school  districts  school  commissioners  had  been  duly  elected 
and  qualified  as  required  by  law,  and  had  made  their  report 
to  the  clerks  of  the  county  courts.  According  to  their  reports, 
there  were  185,432  children  of  school  age  (between  6  and  16 
years)  in  the  state.  The  report  continues:  "A  very  con- 
siderable number  of  schools  have  been  established  under  highly 


flattering  auspices. 


In  his  correspondence  with  com- 


mon school  officers  in  different  parts  of  the  state  he  (the  super- 
intendent) has  discovered  a  deep  and  increasing  interest  in 
the  cause  of  education,  and  a  confidence  that  the  present  sys- 
tem will  lead  to  great  and  lasting  results." 

This  is  all  that  the  superintendent  can  report  as  actually 
accomplished,  and  it  is  certainly  little  enough.  Indeed,  it  must 
have  been  a  sore  disappointment  to  those  who  had  labored  so 
hard  in  the  constitutional  convention  and  in  two  legislatures 
to  provide  an  adequate,  coherent,  efficient  system  of  public 
schools,  one  that  would  take  some  place  besides  that  which  it 
occupied  in  the  volume  of  the  acts  of  the  legislature.  Governor 
Newton  Cannon,  who  five  years  before  had  so  strongly  urged 
immediate  action  for  a  system  of  common  schools  and  who  had 
put  his  stamp  of  approval  on  the  two  acts  establishing  the 
existing  system,  gave  expression  to  the  general  feeling  of  dis- 
appointment in  his  message  to  the  legislature  on  October  8, 
1839.  He  expresses  deep  regret  that  the  working  of  the  sys- 
tem has  not  been  attended  with  more  satisfactory  results,  and 
says:  "Although  common  schools  have  sprung  up  under  its 
kindly  influence  in  some  sections  of  the  state,  yet  the  effect 
has  not  been  general,  and  the  want  of  uniformity  in  its  prac- 
tical operations  occasions  dissatisfaction  and  complaint." 

The  most  interesting  and,  in  a  way,  the  most  important 
part  of  the  superintendent's  report  is  not  that  which  deals  with 
what  has  been  done,  but  the  suggestions  as  to  improvements  in 
the  system.  The  measures  which  he  advocates  might,  under 
more  favorable  circumstances  and  with  a  more  fortunate  and 
painstaking  leader  in  charge,  have  gone  far  towards  fulfilling 
the  hopes  of  the  most  optimistic.  His  suggestions  certainly 
show  that  he  had  well-defined  ideas  as  to  the  real  value  of 
schools  to  the  state  and  that  he  was  in  touch  and  in  harmony 
with  the  most  progressive  men  and  ideas  of  his  time. 

In  the  first  place,  he  suggests  a  sort  of  grading  of  schools, 
especially  in  the  larger  districts,  with  elementary  schools  in 
various  parts  of  the  district,  with  a  school  for  the  more  ad- 


Tennessee  Public  Schools,  1834-1860  15 


vaneed  pupils  near  the  center,  "thus  affording  the  facilities 
and  advantages  resulting  from  a  division  of  labor,  and  from 
a  separation  of  pupils  whose  ages  and  studies  are  incom- 
patible." 

The  subject  of  schoolhouses  comes  in  for  a  large  share  of 
his  attention.  He  states  that  he  sent  out  the  preceding  Jan- 
uary in  connection  with  his  instructions  to  the  commissioners 
a  report  on  the  construction  of  schoolhouses,  taken  from  the 
report  of  the  Ohio  common  school  director.  He  urges  that  the 
buildings  be  of  good  appearance  both  inside  and  out,  be  proper- 
ly warmed,  lighted  and  ventilated,  and  have  a  good  play- 
ground. He  dwells  at  some  length  upon  the  importance  of 
providing  good,  comfortable  seats  for  the  children. 

He  has  four  definite  suggestions  to  make  in  order  that  bet- 
ter working  of  the  svstem  mav  be  secured.  The  first  is  that  the 
legislature  require  the  districts  to  raise,  by  a  tax  on  property, 
a  sum  of  money  equal  to  the  portion  of  the  school  fund  to 
which  they  are  respectively  entitled.  The  benefits  to  be  de- 
rived from  this,  he  points  out,  are  that  the  revenue  for  schools 
in  each  district  will  thus  be  doubled  and  made  adequate,  and 
that  the  fact  that  the  people  of  the  district  have  had  to  pay 
half  the  fund  will  make  them  much  more  careful  in  managing 
it  than  heretofore.  Furthermore,  the  public  schools  can  be  so 
greatly  improved  by  this  addition  to  the  funds  that  they  will 
be  far  superior  to  the  private  schools  and  will  supersede  them, 
"and  thus  break  down  the  distinction  between  the  rich  and 
the  poor." 

His  second  suggestion  is  the  result  of  his  own  experience 
and  the  experience  of  all  who  had  been  connected  with  the  ad- 
ministration of  common  school  laws  ever  since  1823.  It  was 
in  that  year,  it  will  be  remembered,  that  there  was  first  put 
upon  the  statute  books  the  provision  which  had  ever  since 
operated  to  the  disadvantage  of  the  system — the  non-payment 
of  the  district  commissioners,  the  very  officials  upon  whose  in- 
terest and  exertions  the  success  of  the  whole  system  was  most 
dependent.  As  Col.  McEwen  said  in  his  report:  "It  is  evi- 
dent from  the  provisions  of  the  school  act  that  the  most  im- 


duties 


To 


failure  in  discharging  certain  of  these  duties,  considerable 
penalties  are  attached  and  for  the  performance  of  these  duties, 
and  for  assuming  these  responsibilities,  no  compensation  or 


immunity  is  allowed. 


attributed 


the  fact  that  in  sixty-one  of  the  seventy-six  delinquent  districts 
the  commissioners,  after  being  elected,  refused  to  serve."  He 
then  urges  that  at  least  some  remuneration  be  given  them  for 
their  services. 

pr is  nthpr  two  suggestions  he  makes  in  order  that  Tennessee 


16  A.  P.  W Intake* 


may  profit  by  the  experience  of  other  states  and  anticipate 
difficulties  already  encountered  in  them.  To  this  end  he  ad- 
vises, first,  that  one  or  more  agents  be  appointed — preferably 
one  in  each  grand  division  of  the  state — to  travel  as  lecturers 
and  campaigners  in  behalf  of  the  common  schools,  and  to  visit 
the  schools,  advise  with  the  commissioners,  and  in  other  ways 
to  encourage  and  improve  them.  He  cites  Massachusetts  as 
an  example  of  the  successful  working  of  this  plan.  The  second 
means  for  accomplishing  this  end  is  the  publication  of  a  period- 
ical, about  every  six  months,  containing  discussions  of  local 
problems,  articles  on  foreign  education,  etc. 

From  this  outline  of  his  policies  it  appears  that,  whatever 
his  alleged  shortcomings  as  a  public  official,  Col.  McEwen's 
ideas  on  the  subject  of  popular  education  were  very  ad- 
vanced and  very  sound.  Though  in  speaking  of  the 
place  of  common  schools,  academies  and  colleges  with 
reference  to  each  other,  he  said,  "All  are  believed 
to  be  requisite  for  the  proper  education  of  a  community," 
yet  he  thought  that  private  schools  should  be  confined  to  the 
years  immediately  preceding  a  student's  entrance  into  college, 
and  that  the  state  should  supervise  the  education  of  the  chil- 
dren in  the  lower  grades.  That  this  opinion  should  have  been 
so  clearly  and  emphatically  expressed  by  a  man  of  Col.  Mc- 
Ewen's  position  is  of  no  little  importance,  for  it  marks  a  de- 
cided advance  upon  the  view  almost,  if  not  quite,  universally 
held  by  the  influential  men  in  Tennessee's  public  affairs  up 
to  this  time.  The  payment  of  a  salary  to  the  district  school 
commissioners  is  another  comparatively  novel  idea,  while  his 
proposition  to  levy  a  property  tax  is  considerably  in  advance 
of  public  opinion  and  nearly  twenty  years  in  advance  of  legis- 
lative action  on  this  subject. 

What  another  person  possessed  of  the  same  clearly  defined, 
progressive  ideas  might  have  accomplished  can  only  be  con- 
jectured. Col.  McEwen's  difficulties,  however,  brought  him 
and  all  his  propositions  into  disfavor,  and  very  probably  had 
much  to  do  with  the  action  of  the  legislature  in  1844  in 
abolishing  the  office  of  superintendent  of  public  instruction. 
Col.  McEwen  had  held  office  from  1836  to  1840.  In  the 
latter  year  Robert  P.  Currin  was  elected  to  succeed  him,  and 
the  law  was  made  more  explicit  in  its  provisions  as  to  the  re- 
sponsibility of  the  superintendent  for  the  funds  administered 
by  him  and  as  to  the  details  of  his  report  of  his  management 
of  these  funds.  In  1841  Scott  Terry  was  elected  superin- 
tendent and  held  office  until  the  passage  of  the  Act  of  1844 
abolishing  it.27 

The  reaction  which  caused  the  abolishing  of  the  office  of 

Acts  of  18U3-A,  Ch.  77. 


Tennessee  Public  Schools,  1834-1860  17 


superintendent  of  public  instruction  had  already  begun  to 
set  in  during  Col.  McE wen's  term  of  office.  Governor  Cannon, 
in  his  message  of  October  8,  1839,  had  said:  "There  is  prob- 
ably not  another  law  to  be  found  among  our  statutes  that 
has  more  signally  failed  to  fulfill  the  wishes  of  our  legislature, 
or  one  that  requires  more  thorough  revision  and  amendment 
in  order  that  it  may  effectuate  the  purposes  for  which  it  was 
designed."  It  is  possible  that,  since  his  party  had  just  been 
defeated  at  the  polls,  he  was  inclined  to  take  a  rather  gloomy 
view  of  the  condition  of  things  in  general — as  the  tone  of  his 
whole  message,  of  which  the  foregoing  is  a  part,  leads  us  to 
believe. 

Governor  Polk,  just  elected  to  office,  had  very  little  to  say 
on  the  subject  of  education  in  his  first  message  to  the  legisla- 
ture, and  what  he  said  was  confined  to  the  recommendation 
that  measures  should  be  taken  to  secure  the  stricter  account- 
ability of  the  officers  of  the  system  who  had  charge  of  the 
school  fund. 

Gov.  James  C.  Jones,  in  his  message  of  1842,  had  little  more 
to  say  on  this  point  than  Governor  Polk,  urging,  as  had  the 
latter,  the  better  protection  of  the  school  fund,  "the  main  re- 
liance of  indigent  children  in  getting  an  education."  In  his 
message  of  the  following  year,  however,  he  described  this  fund 
as  "small  and  wholly  insufficient  for  the  accomplishment  of 
the  great  purposes  of  education."  The  passage  in  this  message 
relating  to  the  common  schools  is  an  excellent  example  of  the 
bombastic,  spread-eagle  style  of  oratory  that  was  so  popular 
and  effective  at  that  time.  It  runs  on  for  some  time  in  its  in- 
flated stvle;  but  when  we  brush  off  the  froth  and  look  for  the 
invigorating  liquid,  we  see  only  a  few  little  drops  scarcely 
covering  the  bottom  of  the  cup.  The  suggestions  made  are 
these:  (1)  The  increase  of  the  school  fund  (he  makes  no 
definite  suggestions  as  to  how  this  shall  be  accomplished)  ; 
(2)  individual  exertion  (whatever  he  may  mean  by  this)  in 
behalf  of  the  common  schools;  and  (3)  either  the  increase  of 
the  duties  of  the  superintendent  of  public  instruction,  or  the 
abolishing  of  the  office.  That  the  superintendent,  Scott  Terry, 
was  not  performing  his  duties  in  conformance  with  the  spirit 
of  the  law  or  along  the  lines  laid  down  by  Col.  McEwen  is 
indicated  by  Governor  Jones's  language  in  recommending  that 
the  office  be  abolished — "if  the  duties  of  this  office  are  to  ex- 
tend no  farther  than  the  mere  collection  of  the  fund  and  a 
biennial  report."  That  the  wave  of  enthusiasm  for  common 
schools  had  subsided  considerably  is  shown  by  the  fact  that, 
instead  of  providing  for  more  extensive  and  varied  activities 
on  the  part  of  the  superintendent,  the  legislature  abolished 
the  office,  not  long  after  receiving  this  message,  by  an  act 
passed  January  12,  1844. 


18  A.  P.  WMtaker 


Meanwhile  matters  grew  steadily  worse  with  the  common 
school  system.  The  fund,  according  to  the  committee  appoint- 
ed to  investigate  Col.  McEwen's  official  acts  as  superintendent, 
amounted  in  1840  to  about  $1,400,000,  but,  as  this  same  com- 
mittee testified,  "It  has  been  time  after  time  plundered  by  a 
thousand  hands."  The  superintendent's  report  for  1839* showed 
that  there  was  to  the  fund's  credit  in  July  of  that  year  f  115,- 
551.46,  with  a  scholastic  population  of  185,432,  but  even  of  this 
small  amount  only  $103,759.46  was  actually  distributed,  thus 
allowing  for  each  child  about  56  cents.  In  1844  the  report  of 
the  state  treasurer  showed  a  scholastic  population  of  240,312, 
the  great  increase  being  due  in  part  to  the  fact  that  the  school 
age  had  been  changed  from  6-16  to  6-21.  The  report  of  the 
comptroller  of  the  treasury  for  1847  gives  the  receipts  and 
payments  on  account  of  the  school  fund  for  the  years  1839-1847, 
inclusive,  and  shows  that  the  average  amount  of  receipts  dur- 
ing that  time  is  about  $117,500  annually,  while  the  payments 
vary  widely,  ranging  from  $46,133.97  in*1844  to  $191,24*1.84  in 
1847,  the  average  being  about  $110,200  a  year.  Distributing 
this  amount  among  a  scholastic  population  that  had  grown 
to  240,312  in  1844,  as  stated  above,  and,  according  to  the  state 
treasurer's  report  of  1851,  to  281,138  in  1850,  it  will  be  seen 
that  each  child  would  receive  from  the  school  fund  between 
forty  and  fifty  cents  a  year — and  this  was  the  fund  that  was 
"the  main  reliance"  of  the  poor  in  getting  an  education,  that 
was  to  establish  a  universal  system  of  education  "for  rich 
and  poor  alike,"  and  was  to  exterminate  illiteracy. 

The  ten  years  that  we  have  just  been  considering — 1834  to 
1844 — constitute  a  clearly  defined  period  in  themselves.  The 
first  half  of  this  period  may  be  characterized  as  the  period  of 
progress,  the  second  as  that  of  reaction.  The  first  half  wit- 
nessed the  most  vigorous,  intense,  and,  from  the  legislative 
standpoint,  one  of  the  two  most  effective  agitations  for  a  state 
system  of  public  instruction  that  took  place  in  Tennessee  be- 
fore 1860.  In  the  second  half,  the  natural  swing  of  the  pen- 
dulum in  the  other  direction  was  accelerated  by  the  misfortunes 
of  the  system's  first  superintendent,  by  the  failure  of  the  laws 
passed  to  bring  about  the  immediate  and  complete  betterment 
of  conditions  that  had  been  expected,  though  unreasonably,  by 
many  enthusiasts,  and  by  the  increasing  gravity  of  those  never- 
ending  financial  difficulties  that  so  hampered  and  harassed  the 
state  of  Tennessee  all  through  th  ante-bellum  period. 

The  reaction  against  the  common  school  system  reached 
its  height  in  1844,  when  the  great  abolishing  act  was  passed. 
Having  practically  demolished  the  whole  educational  system 
by  depriving  it  of  any  active  head  and  central  authority,  the 
reactionaries  soon  began  to  see  that,  unless  immediate  action 


Tennessee  Public  Schools,  1834-1860  19 


were  taken,  all  real  life  would  soon  depart  from  the  feebly 
struggling  remainder  of  the  common  school  system  and  noth- 
ing but  the  empty  shell  would  be  left.  Even  Governor  Jones, 
who,  though  eloquent  in  the  cause  of  common  schools,  had 
done  them  no  good  and  considerable  harm  by  his  messages  of 
1842  and  1843,  said  in  his  message  to  the  legislature,  October 
10,  1845 :  "The  fearful  want  of  education  among  our  citizens 
is  no  longer  to  be  disguised.  .  .  .  The  greatest  obstacle  to 
be  overcome,  and  perhaps  the  only  formidable  difficulty  in  the 
way  of  success  is,  the  want  of  a  sufficient  fund."  There  is 
nothing  new  in  the  latter  part  of  this  statement,  but  there  is 
something  decidedly  new  in  the  measures  that  he  suggests  as 
remedies.  The  first  of  these,  which  was  decidedly  unprogres- 
sive,  Jones  did  not  press,  namely,  that  the  use  of  the  fund  be 
restricted  to  the  education  of  the  indigent  and  needy  citizens- 
children.  The  second  suggestion  is  much  more  creditable  to 
the  Governor,  though  it  is  little  more  than  a  hint — that  the 
fund  be  increased,  possibly  by  taxation,  better  by  appropriat- 
ing all  the  funds  of  the  State  Bank  to  the  school  fund.  In 
view  of  the  prejudice  against  direct  taxation,  which,  as  is 
well  known,  was  so  strong  throughout  the  United  States  for 
many  decades  after  the  adoption  of  the  national  constitution 
and  has  not  yet  lost  its  force  by  any  means,  and  in  view  of  the 
unhappy  financial  condition  of  the  state  at  that  time,  we  may 
go  so  far  as  to  say  that  it  was  little  short  of  courageous  for 
Governor  Jones  even  to  intimate  in  the  most  deprecatory  man- 
ner— as  he  did — the  desirability  of  adopting  a  law  levying  a 
direct  tax  for  the  support  of  the  common  schools. 

No  definite  action,  however,  was  taken  on  this  very  mild 
suggestion,  for  the  state  was  really  not  yet  ready  for  such 
a  measure.  But  that  conditions  were  very  bad  is  shown  by 
the  report  of  the  proceedings  of  an  educational  conference 
held  in  Knoxville  on  April  19,  1847,  at  which  were  present 
representatives  from  Greene,  Cocke,  Hawkins,  Claiborne,  Jef- 
ferson, Blount,  Knox,  Koane,  Marion  and  Anderson  counties.28 
These  representatives  adopted  a  memorial  to  the  legislature 
urging  a  property  tax,  the  appointment  of  a  state  superin- 
tendent of  public  instruction  and  of  boards  of  education  in 
each  county  for  the  examining  and  licensing  of  teachers,  and 
a  monthly  magazine  devoted  exclusively  to  the  interests  of 
education.  To  emphasize  the  necessity  for  such  measures,  the 
memorial  cited  the  fact  that  onlv  one  state  in  the  Union 
(North  Carolina)  had  shown  a  greater  per  cent  of  illiteracy 
at  the  last  census  than  Tennessee,  in  which,  out  of  a  total  num- 
ber of  white  persons  over  twenty-one  years  of  age  of  249,008, 

^History  of  Tennessee,  Goodspeed  Publishing  Co.,  1886,  pp.  428-9. 


20 


A.  P.  Whitaker 


there  were  58,531  or  23  1-2  per  cent  who  could  neither  read 


nor  write. 


called 


attention  of  the  legislature,  as  had  so  many  of  his  predecessors, 
the  necessity  of  supplementing  the  school  fund.  This,  he  said, 
might  be  done  by  direct  taxation,  though  he  was  unwilling  to 


as  a  last  re 


It  might,  however,  be  left  to  each  county  to  decide 


urged 


sort. 

whether  or  not  it  wished  to  levy  such  a  tax. 

that  the  legislature  re-establish  the  office  of  superintendent  of 

public  instruction,  and  that  chief  among  the  duties  of  this 

officer  be  made  that  of  traveling  regularly  through  all  parts 

of  the  state  to  arouse  interest  in  education,  to  organize  schools, 

and  to  consult  with  and  advise  the  local  school  authorities. 

The  memorial  of  the  common  school  convention  and  Gov- 
ernor Brown's  message  indicate  a  renewal  of  the  normal 
growth  of  the  common  school  idea  after  the  reaction  that  had 
resulted  in  abolishing  the  office  of  superintendent  of  public 
instruction.  Definite  action,  however,  was  not  taken  until 
1850,  although,  to  secure  the  school  fund,  a  law  was  passed 
in  1848  making  the  president  and  board  of  directors  of  the 
Bank  of  Tennessee  the  Board  of  Commissioners  of  Common 
Schools  and  requiring  them  to  make  a  financial  report  to  each 
session  of  the  legislature.29  On  January  7,  1850,  the  legisla- 
ture passed  a  law80  by  which  the  authorities  of  all  villages, 
towns  and  cities  in  the  state  were  empowered  to  levy  a  school 
tax,  not  exceeding  the  state  tax  on  property,  privileges  and 
polls,  provided  the  majority  of  the  voters  in  the  village,  town 
or  city  expressed  in  an  election  held  for  that  purpose  a  desire 
for  such  a  tax.  This  law  is  not  of  very  great  importance  on 
account  of  the  direct  good  that  it  accomplished,  for  that  was 
little,  but  because  it  was  the  opening  wedge  for  a  state-wide 
compulsory  tax  law  for  the  support  of  the  common  schools. 

The  statistics  furnished  by  the  census  of  1850  showed  that 
conditions  were  even  worse  than  they  had  been  ten  years  be- 
fore, for  while  the  percentage  of  illiteracy  in  1840  was  about 

23  1-2  per  cent,  there  were  in  1850,  out  of  a  total  white  popula- 
tion over  twenty  years  of  age  of  316,401),  77,522  illiterates 

24  1-2  per  cent  of  the  total.31 

In  the  face  of  such  conditions  as  these  figures  indicated, 
p.nd  urged  by  the  growing  popular  demand  for  better  common 
schools,  the  legislature  passed  in  1851  the  first  of  a  series  of 


*Acts  of  18U7-8,  Ch.  145. 

"Acts  of  18U9-50,  Ch.  17. 

*This  increase,  according  to  the  Census  Bulletin  of  1905  on  illite- 
racy, was  due  in  part  to  the  fact  that  better  methods  had  been  adopted 
by  the  Bureau  of  the  Census  for  ascertaining  the  number  of  illiterates. 


Tennessee  Public  Schools,  1884-1860  21 


four  bills  that  were  enacted  during  this  decade  for  the  im- 
provement of  the  public  school  system.  This  act  authorized 
the  district  school  commissioners  to  employ  female  teachers  on 
the  same  terms  that  were  made  with  male  teachers.  The  sig- 
nificance of  this  act  is  better  understood  when  we  read  what 
Joseph  Estabrook,  then  president  of  East  Tennessee  College, 
had  to  say  on  this  subject — that  one  reason  why  the  common 
schools  were  not  more  effective  was  that  none  but  men  could 
teach  in  them,  and  yet  no  man  with  any  self-respect  or  ambi- 
tion would  teach,  certainly  for  any  length  of  time,  in  those 
schools;  and  he  goes  on  to  say  that,  all  in  all,  teaching  in  the 
common  schools  is  an  occupation  very  well  suited  to  woman's 
character  and  capacity.32 

The  second  of  this  series  of  acts  is  the  most  important  act 
for  common  schools  passed  in  Tennessee  before  the  Civil  War. 
It  was  passed  February  28,  1854,  and  is  entitled  "An  act  to 
establish  a  Svstem  of  Common  Schools  in  Tennessee."  Its 
most  noteworthy  feature  is  that  it  provides  for  the  first  time 
in  the  history  of  the  state  for  taxation  for  the  support  of  the 
common  schools.  This  step  had  been  advocated  in  his  mes 
sage33  at  the  opening  of  the  session  by  Governor  Andrew  John- 
son, who  stated  his  reasons  for  urging  this  measure  in  the 
following  words :  "It  must  be  apparent  to  all  that  our  present 
svstem  of  common  school  education  falls  very  far  short  of 
coming  up  to  the  imperative  demands  of  the  constitution.  If 
the  law  establishing  our  common  schools  had  been  perfect  in 
all  its  details,  the  common  school  fund  has  been  heretofore 
wholy  inadequate  to  put  it  into  practical  and  efficient  opera- 
tion throughout  the  state.  At  the  present  period,  and  for  a 
long  time  past,  our  common  schools  have  been  doing  little  or 
no  good,  but  on  the  contrary,  have,  in  many  instances  and  in 
different  parts  of  the  country,  been  rather  in  the  way  than 
otherwise,  preventing  the  people  from  getting  up  and  having 
schools  at  their  own  responsibility  and  expense.  ...  If 
we  are  sincere  in  what  we  profess  for  the  cause  of  education, 
we  should,  without  hesitation,  provide  means  to  accomplish 
it."  He  suggests,  then,  that  taxation,  either  compulsory  by  the 
state,  or  optional  by  the  counties,  be  adopted  as  the  best 
method  of  providing  this  means  and  "to  give  life  and  energy 
to  our  dying,  or  dead,  system  of  common  school  education." 

The  legislature  soon  followed  this   advice,   adopting,   not 
one,  but  both  of  the  methods  suggested  by  the  Governor. 

The  bill  was  introduced  January  11,  1854,  in  the  upper 
house  of  the  state  legislature  by  Speaker  Edwin  Polk,34  and 


82 


East  Tennessee  College  Commencement  Address,  Sept.  12,  1838. 
33H.  J.,  1853-4,  pp.  455-457. 

84 


Senate  Journal,  1853-4,  p.  376. 


22  *  A.  P.  W  hi  taker 


it  is  no  doubt  due  to  his  influence  that  the  measure  passed 
through  all  the  necessary  stages  with  such  comparative  ease. 
There  was  no  discussion  of  the  bill  until  it  came  up  on  the 
third  reading.  Then  two  points  had  to  be  settled.  The  first 
was  as  to  the  amount  of  the  poll  tax.  One  senator  moved  that 
the  amount  be  $1.50,  but  there  was  not  even  a  taking  of  the 
ayes  and  noes  on  this  motion.  Then  other  amounts  were  pro- 
posed, and  as  the  amount  grew  steadily  smaller  the  number 
of  ayes  grew  steadily  larger  until  finally  the  vote  stood  13  to 
12  in  favor  of  a  twenty-five-cent  poll  tax.35 

The  second  question  to  be  settled  was  one  raised  by  Senator 
Davis,  who  offered  an  amendment  that  provided  for  the  election 
of  a  superintendent  of  public  instruction.  Here  again  the  gen- 
erous impulses  of  the  legislature  were  restrained  by  the  neces- 
sity of  financing  the  scheme;  and  this  time,  unfortunately,  no 
amount  of  reduction  could  bring  about  a  change  of  heart 
among  the  more  economical  senators.  At  first,  $2,000  per  year 
was  proposed  as  a  salary,  but  after  this  and  several  other  rea- 
sonable sums  had  been  rejected,  one  of  the  senators — whether 
in  derision  or  in  despair  we  cannot  say — moved  that  the  annual 

stipend  be  fixed  at  $10.00.  This  broke  up  the  meeting,  ad- 
journment was  taken,  and  on  the  following  day  the  bill  was 
passed  on  its  third  and  final  reading  by  a  vote  of  16  to  9, 
with  no  provision  as  to  a  superintendent.86 

The  bill  was  then  sent  down  to  the  lower  house,  where  it 
began  a  stormy  career,  and  more  than  once  seemed  hopelessly 
beaten.  The  house  had  already  discussed  and  voted  on  a  large 
number  of  common  school  bills  introduced  by  its  own  mem- 
bers, but  after  discussing  the  matter  warmly  for  some  months 
— during  which  time  the  same  phenomenon  of  the  number  of 
favorable  votes  rising  in  direct  proportion  to  the  fall  in  the 
amount  of  poll  tax  suggested  was  observable — all  the  bills  on 
the  subject  of  education  were  referred  to  a  joint  select  com- 
mittee.87 This  committee,  however,  appears  never  to  have  ma- 
terialized ;  it  certainly  never  reported. 

It  would  be  interesting  to  follow  the  fortunes  of  the  senate 
bill  in  detail,  but  considerations  of  space  make  only  the  brief- 
est outline  of  the  main  events  possible.  Passage  on  the  first 
reading  was,  of  course,  a  matter  of  form;  but,  after  spending 
the  whole  morning  in  fruitless  discussion  and  voting  on  dif- 
ferent propositions,  the  house,  upon  reconvening  in  the  after- 
noon, rejected  the  bill  by  a  vote  of  40  to  30  upon  roll  call. 
This  action,  however,  was  immediately  reconsidered,  and  on 

"Ibid.,  pp.  474-475. 

-IbkL,  pp.  480-483. 
"H.  J.,  pp.  573-579. 


Tennessee  Public  Schools,  1834-1860  23 


the  following  dav  the  bill  passed  the  second  reading  by  a  vote 
of  38  to  34.38 

Again  on  the  third  reading  it  was  rejected,  the  vote  stand- 
ing 38  to  32  in  favor  of  rejection;  again  this  action  was  re- 
considered; and  again  the  bill  was  passed,  this  time  on  the 
third  and  last  reading  by  the  narrow  majority  of  5  votes  in 
63.39  Even  now,  however,  not  all  opposition  was  at  an  end, 
for  a  motion  was  made  on  the  following  day  to  reconsider  the 
vote;  but  adjournment  was  immediately  taken,  and  on  the  fol- 
lowing day  the  motion  was  withdrawn.40 

The  bill  was  then  sent  back  to  the  senate  with  three  amend- 
ments, all  of  which  were  accepted ;  the  most  important,  which 
appropriated  one-fourth  of  the  privilege  tax  to  the  schools, 
being  concurred  in  by  a  vote  of  16  to  7.41 

Below  is  given  an  analysis  of  the  most  important  of  these 
votes : 

— House —  — Senate — 

Second  Reading         Third  Reading     Third  Reading 
Rejec.        Pas.  Rejec.       Pas.  Passage 

For  Agst.  For  Agst.     For  Agst.  For  Agst.        For  Agst. 

East    Tennessee.   11     10     13       9  10     11     13       7  7       1 

Mid.    Tennessee.   18     13     17     14  20     13     13     14  5       6 

West   Tennessee.   117811  8888  42 


40     30     38     34  38     32     34     29  16       9 

It  is  perfectly  evident  from  this  analysis  that  the  main 
strength  of  the  common  schools  lay  in  East  Tennessee,  just 
as  it  had  in  1834.  In  all  of  the  votes  taken  in  the  house,  West 
Tennessee  never  once  cast  a  majority  of  its  votes  in  favor  of 
the  bill.  Middle  Tennessee  did  so  once,  but  was  on  the  side 
of  the  opposition  on  the  other  three  occasions.  Four  of  the 
representatives  from  the  latter  section  who  were  absent  at  the 
time  of  the  final  passage  of  the  bill  had  their  names  entered  on 
the  following  day  as  opposed  to  its  passage,  thus  giving  the 
noes  a  majority  of  five  instead  of  one  in  that  section.42  East 
Tennessee,  on  the  other  hand,  was  on  the  side  of  the  common 
schools  in  three  of  the  four  votes,  and  on  the  third  reading 
its  vote  was  almost  2  to  1  in  favor  of  the  passage  of  this  bill. 
Thus  the  poorest  section  of  the  state43  was  most  strongly  in 
favor  of  a  direct  tax — on  polls  as  well  as  on  property — for  the 
support  of  the  schools. 

"H.  J.,  pp.  857-868. 
''Ibid.,  pp.  986-994. 
"Ibid.,  pp.  998,  1001. 
"S.  J.,  p.  657. 
**H.  J.,  p.  995. 

"See  "Report  of  the  Comptroller"  for  1856,  Appendix,  H.  J.,  1857-8, 
for  statistics  as  to  the  wealth,  etc.,  of  the  three  grand  divisions. 


24  A.  P.  W hi  taker 


This  fact  is  significant  when  we  remember  that  East  Ten- 
nessee had  a  very  small  proportion  of  the  total  number  of 
slaves  in  the  state;  that  the  main  strength  of  the  academies 
was  in  Middle  Tennessee,  and  was  not  slight  in  West  Ten- 
nessee; and  that  the  college  and  academy  lands  had  been  lo- 
cated in  East  Tennessee,  resulting  in  a  deep  prejudice  in  that 
section  against  the  private  schools. 

These  facts,  however,  should  not  be  given  too  much  weight, 
for  no  doubt  party  and  other  considerations  had  a  great  deal 
to  do  with  the  vote.  For  instance,  many  proposals  for  the 
benefit  of  the  common  schools  originated  with  legislators  of 
Middle  and  West  Tennessee;  and  it  is  important  to  remember 
that  the  bill  that  finally  became  law  was  introduced  by  Speaker 
Polk  of  West  Tennessee. 


44 


The  first  section  of  the  bill  as  finally  passed  runs  thus: 
"Be  it  enacted  .  .  .  that  a  tax  of  twenty-five  cents  on  the 
polls,  and  2  1-2  cents  on  the  hundred  dollars,  of  all  the  taxable 
property  of  the  state,  shall  be  levied  for  common  schools,  and 
shall  be  levied  by  the  same  officers  who  now  collect  the  state 
tax,  and  under  the  same  regulations  and  restrictions  to  which 
they  are  now  subject  in  collecting  said  taxes,  and  shall  be 
paid  over  to  the  treasurer  of  the  state  as  state  taxes  are  now 
paid  over."  The  amount  of  this  tax  seems  pitifully  small  now, 
but  for  the  times  and  the  conditions  it  was  a  very  liberal  tax. 
Indeed,  as  we  shall  see,  it  almost  doubled  the  amount  of  the 
school  fund  available  for  annual  distribution.  The  law  fur- 
ther provided  that  this  and  the  annual  payment  of  $100,000 
from  the  bank  of  the  state  should  be  distributed,  as  formerly, 
among  the  counties  in  proportion  to  the  scholastic  population. 
The  third  section  of  this  act  empowered  the  county  courts  to 
"levy  and  collect  a  tax  on  property,  polls  and  privileges"  not 
less  than  the  amount  the  county  would  receive  from  the  state 
under  the  provisions  of  section  one;  and  if  two-thirds  of  the 
court  were  not  in  favor  of  such  a  tax,  the  question  must  be 
submitted  to  a  vote  of  the  county. 

The  least  important  of  these  four  measures  repeals  section 
.  10  of  chapter  47,  Acts  of  184142,  requiring  at  least  twenty 
pupils  to  entitle  a  school  to  get  its  share  of  the  school  fund, 
and  reduces  the  minimum  number  to  twelve.45  The  purpose  of 
this  law  was  to  encourage  the  establishing  of  schools  in  the 
more  remote  parts  of  the  state  where  long  distances,  occasioned 
by  the  sparseness  of  population,  would  have  discouraged  or 
prevented  many  children  from  attending  the  schools  under 
the  old  law.  It  is  not  known  that  this  law  accomplished  much 
good,  and  it  is  certain  that  a  similar  law  enacted  nearly  forty 


Acts  of  1853-4,  Ch.  71. 
Acts  of  1855-G,  Ch.  105 


• 


Tennessee  Public  Schools,  1834-1860  25 


years  later  had   a   disastrous  effect   upon   the  public   school 
system. 

The  last  of  this  series  of  laws46  was  passed  to  secure  better 
instruction  by  introducing  some  uniformity  into  the  method 
of  examining  and  licensing  teachers  and  by  systematizing  it 
more  thoroughly.  It  is  provided  that  one  or  more  commis- 
sioners shall  be  elected  in  each  county  by  the  county  court, 
whose  duty  it  shall  be  to  examine  all  applicants  to  teach  in  the 
free  schools,  and  to  issue  a  certificate  of  competency,  charging 
one  dollar  for  each  examination.  The  common  school  com- 
missioners are  forbidden  to  employ  anyone  who  cannot  pro- 
duce such  a  certificate. 

The  impetus  given  by  this  legislative  activity  is  seen  in 
many  ways.  The  public  schools  of  Nashville  and  Memphis 
were  established  soon  after  this,  those  in  the  former  city  in 
1855  and  in  the  latter  in  1858.  In  both  places  the  schools 
were  popular  and  their  work  was  very  successful.  The  effect 
of  the  establishing  of  these  excellent  systems  of  city  schools 
was  felt  not  only  in  the  cities  themselves,  but  it  was  found  that 
then,  as  now,  the  best  way  to  convince  a  community  of  the  de- 
sirability of  public  schools  is  to  let  them  see  a  model  one 
at  work. 

The  increase  in  the  amount  of  the  school  fund  for  annual 
distribution  as  the  result  of  the  Act  of  1854  was  immediate 
and  gratifying.  In  the  four  years  (1851-4),  the  average 
annual  receipts  for  the  common  school  fund  amounted  to  $115,- 
428.61;  disbursements,  $118,797.20.  During  the  period  1855-8 
the  amounts  received  had  increased  to  $203,595.97;  disbursed, 
$194,429.05.47 

The  principal  sources  of  revenue  and  the  amount  secured 
from  each  of  them  immediatelv  before  the  outbreak  of  the 
Civil  War,  as  given  by  State  Treasurer  R.  L.  Stanford  in  his 
report  to  the  legislature  dated  October  1,  1865,  were: 

From  the  State  Treasury  $100,000.00 

In  lieu  of  land  taxes 2,000.00 

Bonuses    from    banks    and    insurance 

companies     17,779.76 

Tax  on  polls   25,255.75 

Tax  on  property  78,656.42 

Total    $223,691.93 

Thus,  although  the  largest  single  item  was  the  payment  on 
account  of  the  permanent  school  fund,  almost  half  of  the 
total  was  furnished  bv  taxation. 

46 Acts  of  1855-6,  Ch.  114. 

""Report  of  the  Comptroller"  for  1857-8,  Appendix  H.  and  S.  J., 
1859-60,  p.  32. 


26  A.  P.  Whitaker 


Another  gratifying  result  of  the  four  acts  just  discussed 
was  the  reduction  of  the  percentage  of  illiteracy  in  the  state. 
In  1850  the  proportion  of  illiterates  among  the  white  popula- 
tion over  twenty-one  years  of  age  was  24  1-2  per  cent,  while 
the  census  of  1860  showed  that  it  had  been  reduced  to  19.7 
a  reduction  of  nearly  5  per  cent. 

Although  the  common  school  system  was  undoubtedly  doing 
much  good  at  the  time  when  the  outbreak  of  the  Civil  War  put 
an  end  to  its  activity,  and  although  it  gave  promise,  by  its 
rapid  improvement  in  the  last  five  years  of  its  existence,  of 
becoming  an  important  factor  in  the  growth  of  the  state,  it  is 
an  undeniable  fact  that  never  once  during  these  first  forty 
years  of  its  existence  did  it  really  deserve  the  high-sounding 
title  of  a  state  system  of  public  instruction.  In  the  first 
place,  the  governors'  messages  quoted  above  state  more  than 
once  that  it  was  not  universal  in  its  application — that  is,  was 
not  a  state  system  in  the  true  sense  of  the  word.  In  the  sec- 
ond place,  those  parts  of  the  state  which  did  have  common 
schools  regarded  themselves  as  parts  of  a  state  system  because 
of  the  fact  that  they  received  annual  supplementary  financial 
aid  from  the  state  treasury,  in  return  for  which  they  agreed 
to  elect  their  school  officers  according  to  certain  regulations 
imposed  by  the  state  and  to  conform  to  certain  minor  require- 
ments in  the  use  of  the  money.  That  was  all.  There  was  no 
central  supervisory  authority,  and  there  was  no  uniformity  in 
the  courses  of  study,  the  text-books,  or  in  anything  except  the 
requirements  for  teachers. 

It  was  left  entirely  to  the  will  of  each  community  whether 
or  not  it  was  to  have  schools;  and,  as  for  the  schools  that  were 
established,  Governor  Johnson,  as  we  have  already  seen,  said 
that,  far  from  being  efficient,  they  were  rather  a  hindrance. 
It  is  true  that  the  four  laws  passed  in  the  early  fifties  gave  new 
life  to  the  system,  but  its  benefits  were  confined  for  the  most 
part  to  those  localities  in  which  schools  had  already  been 
located. 

Clearly,  then,  the  common  school  system  up  to  1860  lacked, 
as  a  state  body,  organization  and  uniformity ;  and,  in  its  com- 
ponent parts,  efficiency. 

A  detailed  explanation  of  this  situation  would  till  a  large 

volume,  and  the  reasons  are  manifold  and  complex.  At  least 
a  brief  general  consideration,  howrever,  of  the  problems  and 
difficulties  that  faced  the  supporters  of  common  schools  is 
necessary  to  understand  the  course  of  legislation  on  this  sub- 
ject and  the  failure  of  the  system  to  accomplish  what  it  was 
intended  to.48 

^See  H.  M.  Doak,  "History  of  Education  in  Tennessee,"  American 
Historical  Magazine,  Vol.  VIII,  No.  1,  for  a  brief  account  of  this 
period. 


Tennessee  Public  Schools,  1834-1860  27 


In  the  first  place,  never-ending  financial  difficulties  beset 
the  path  of  the  public  school  system,  assuming  now  one  shape 
and  now  another,  but  always  hampering  and  balking  its  ef- 
forts. One  of  the  forms  assumed  by  this  enemy  was  the  in- 
adequacy of  the  school  fund.  This  inadequacy,  in  turn,  is 
traceable  to  the  failure  of  the  United  States  to  divide  Ten- 
nessee into  townships,  as  had  been  done  with  the  Northwest 
Territory,  making  the  township  the  unit,  and  designating  a 
certain  lot  in  every  township  as  school  land.  This  method  as- 
sured to  the  states  of  the  Northwest  Territory  an  adequate 
permanent  school  fund,  while  the  failure  to  adopt  it  in  Ten- 
nessee not  only  deprived  the  state  of  practically  the  whole  of 
such  a  fund  but,  as  shown  above,  occasioned  a  great  deal  of 
uncertainty  in  the  minds  of  those  who  wished  to  take  steps 
to  secure  for  the  common  schools  a  permanent  fund,  and  dis- 
couraged the  creation  of  such  a  fund  at  the  expense  of  the 
state. 

Caldwell  holds  that  the  failure  of  this  fund  to  materialize 
was  not  altogether  bad,  since  it  threw  the  state  on  its  own 
responsibility  and  necessitated  independence  of  action.49  This 
would,  perhaps,  be  very  true,  had  it  been  definitely  settled  at 
the  very  outset  that  Tennessee  would  have  to  provide  its  school 
fund  at  its  own  expense ;  but  as  it  turned  out  there  was  always 
a  considerable  number  in  the  legislature  ready  to  oppose  state 
expenditure  for  this  purpose  as  long  as  there  was  even  the 
slightest  chance  of  getting  it  any  other  way. 

Besides  this  disastrous  delay  in  securing  a  permanent 
school  fund,  there  was,  as  we  have  seen,  the  complaint  that 
it  was  inadequate — and  a  very  well  grounded  complaint  it  was. 

Another  financial  difficulty  was  that  due  to  the  handling 
of  the  funds,  which,  according  to  the  testimony  of  the  ma- 
jority of  the  committee  appointed  to  investigate  the  official 
acts  of  Superintendent  McEwen,  had  been  plundered  "time 
after  time  bv  a  thousand  hands";  and  when  the  funds  were 
not  misappropriated  they  were  often  mismanaged.  The  state 
is  notorious  for  its  mismanagement  of  the  internal  improve- 
ment funds,  and  the  fate  of  the  school  fund  was  not  much 
better. 

It  is  interesting  to  observe  the  close  connection  between 
the  economic  condition  of  the  state  and  educational  legislation. 
As  we  have  seen,  the  popular  wave  in  favor  of  education 
reached  its  height  in  the  period  1834-8,  and  began  almost  at 
once  to  subside,  falling  rapidly  until  1844.  Then  it  began 
another  gradual  rise  that  reached  its  culmination  in  the  Act 
of  1854. 

At  the  same  time  we  find  that  the  average  value  of  land 


49 


Constitutional  History  of  Tennessee,  pp.   128-9. 


28 


.1.  l\  WMtaker 


in  the  state  in  1836  was  $4.00  per  acre  and  the  average  value 
of  slaves  ?584.00.  Then  began  a  steady  decline  until  1846, 
when  the  former  stood  at  $3.03  per  acre,  the  latter  at  $413.72 
per  head.  Then  another  period  of  prosperity  began.  By  1853 
the  level  of  1836  had  been  regained,  and  in  1854  land  was  worth 
$4.60  per  acre  and  slaves  $605.52  per  head.50  That  the  relation 
between  the  economic  condition  of  the  state  and  education  was 
so  immediate  is  due  to  the  fact  that  the  paramount  educational 
problem  in  this  period  was  the  financing  of  the  schools. 

One  great  obstacle  in  the  way  of  the  development  of  a  real 
state  system  of  public  instruction  was  shared  by  Tennessee 
in  common  with  the  rest  of  the  South — slavery.  Both  the 
economic  and  social  effects  of  this  institution  were  unfortunate 
for  public  education.  The  economic  effects  were  to  lower  the 
grade  and  cheapen  the  price  of  labor  by  the  presence  of  a 
large  number  of  ignorant,  unskilled  laborers,  and,  by  the  pre- 
dominance of  plantation  over  community  life,  to  scatter  the 
population  and  make  a  considerable  number  of  large  cities 
impossible.  The  result  of  these,  in  turn,  was,  first,  that,  since 
the  lower  classes  are  always  the  last  to  see  the  need  of  general 
education,  it  remained  for  the  upper  classes — that  is,  the 
wrealthy  and  well-to-do  property  holders — to  take  active  meas- 
ures to  secure  the  adoption  of  adequate  means  by  the  state  for 
public  instruction,  if  such  measures  were  to  be  taken  at  all. 
Yet  the  slave-holding,  property-owning  class,  having  at  hand  a 
mass  of  cheap  labor,  could  not  be  made  to  see  the  economic 
desirability  of  taxing  themselves  to  educate  the  laboring 
classes,  when  there  was  no  market,  or  only  a  very  restricted 
one,  for  skilled  labor. 

In  the  second  place,  the  scattered  condition  of  the  popula- 
tion was  then,  as  always,  one  of  the  most  serious  hindrances 
to  the  growth  of  public  schools.  Besides  the  fact  that,  once 
the  school  had  been  established,  it  was  a  great  inconvenience 
to  have  to  travel  from  two  to  six  miles  to  get  to  it,  especially 
as  each  family  had  to  furnish  its  own  means  of  conveyance, 
there  was  the  difficulty  of  getting  men  who  were  separated 
by  long  distances  to  undertake  the  concerted,  sustained  action 
necessary  to  establish  and  maintain  a  school.  Then,  too,  the 
absence  of  any  good  systems  of  city  sschools  during  practically 
the  whole  of  this  period  removed  an  example  that  has  proved 
very  effective  in  more  recent  times. 

The  social  effects  of  slavery — the  creation  of  an  aristocracy 
and  the  fostering  of  class  feeling  and  sharp  social  distinctions 
are  the  subject  of  never-ending  discussion.  The  effect  of 
these  conditions  on  public  education  was  to  make  the  better 


Report  of  the  Comptroller,"  Appendix,  H.  and  S.  J.t  1859-60, 
pp.  30-31. 


Tennessee  Public  Schools,  1834-1860  29 


class  of  people  unwilling  to  have  their  children  attend  school 
with  the  children  of  the  "poor  whites."  This  feeling  was  not 
merely  an  unreasonable  and  snobbish  prejudice,  for,  as  a  class, 
the  poor  whites  were  undesirable  citizens,  and  their  children 
were,  of  course,  no  better. 

The  unwillingness  of  the  upper  classes  either  to  support  the 
common  schools  or  to  send  their  own  children  to  them  was 
encouraged  and  increased  by  the  excellent  system  of  colleges 
and  academies  already  referred  to.  The  earliest  efforts  of  the 
state  were  in  behalf  of  the  academies  and  colleges,  and  though 
in  common  with  all  matters  pertaining  to  education,  they  were 
on  the  whole  rather  ill-treated  and  neglected  by  the  legisla- 
ture, they  nevertheless  received  more  attention  and  were  paid 
more  respect  by  that  body  than  the  unfortunate  common 
schools.  So  it  was  everywhere.  The  newspapers  published 
at  two  of  the  periods  of  greatest  activity  for  the  common 
schools,  1823-6  and  1839-41,  have  scarcely  a  word  for  them, 
practically  all  their  articles  and  discussions  on  educational 
subjects  being  about  either  the  colleges  or  the  academies.  The 
tone  of  all  public  utterances  and  even  the  text  of  the  laws 
betokens  a  feeling  of  respect,  almost  awe,  for  these  institutions 
of  learning;  and  the  fact  that  they  were  hated  by  a  large  part 
of  the  lower  classes  is  rather  a  tribute  to  them.  As  to  the 
quality  of  instruction  given  in  them,  Dr.  J.  L.  M.  Curry,  in  an 
article  entitled  "Education  at  the  South,"  states  that  the  pri- 
vate institutions — the  colleges  and  academies — before  the  Civil 
War  were,  if  anything,  superior  to  those  of  the  North.51  Again, 
Dr.  Edwin  A.  Alderman,  who  has  for  many  years  been  promi- 
nently connected  with  the  movement  to  improve  educational 
conditions  in  the  South,  writing  in  The  Outlook  for  August  3, 
1901,  says:  "It  is  doubtful  if  there  were  anywhere  in  the 
world,  outside  of  Scotland,  better  schools  for  the  training  of 
the  few  than  existed  in  the  South  prior  to  the  Civil  War." 

Thus,  being  able  to  send  their  own  children  to  excellent 
schools  near  at  hand,  the  class  to  whom  progressive  measures 
such  as  universal  state  education  must  always  look  for  sup- 
port were  deaf  to  all  arguments  that  meant  extra  expense  and 
no  benefit  to  them. 

As  a  direct  result  of  these  conditions,  the  common  schools 
were  regarded  from  the  first  as  primarily  pauper  schools.  It 
has  already  been  shown  how  this  appears  in  all  the  acts,  be- 
ginning with  that  of  1817  and  continuing,  though  with  dimin- 
ishing importance,  as  a  part  of  the  system  until  1860.  It  was 
retroactive  in  its  effect,  for,  though  produced  by  the  excellence 
of  the  private  schools  and  their  high  place  in  the  confidence 
of  the  community,  this  conception  of  the  common  schools  as 

"Education,  II,  p.  278. 


30  A.  P.  Whitaker 


as 


equentlv  to  raise  that  of  the 


the 


correspondingly. 


figures52  are  significant 


No.  of  Schools 

Teachers 

Pupils 

1850      1860 

1850      1860 

1850          1860 

Public    schools 

...   2,667     2,965 

2,804     3,064 

103,651     138,809 

A-PftfiGiniGs       And 

other    schools    ..      260        274  401        618  9,517       16,793 

While  the  common  schools  had  made  a  substantial  increase 
in  all  respects,  the  academies  showed  a  much  larger  propor- 
tionate increase  in  the  number  of  teachers  and  pupils. 

Finally,  the  fact  that  there  was  a  great  deal  of  class  feeling 
and  that  the  common  schools  were  regarded  as  the  schools  of 
the  poor  gave  many  demagogues  a  convenient  occasion  for 
making  the  very  potent  appeal  to  jealousy  and  envy.  To  make 
themselves  popular,  they  would  say  and  promise  things  that 
they  had  little,  if  any,  idea  of  doing,  certainly  not  if  it  re- 
quired any  great  expenditure  either  of  energy  or  of  money. 
For  instance,  the  messages  of  the  governors  during  this  period 
almost  uniformly  grow  enthusiastic  on  the  subject  of  the  com- 
mon schools,  speaking  in  glowing  terms  of  universal  education 
and  dwelling  on  the  democratic  and  distinctly  popular  ele- 
ments in  it;  but  the  vagueness  of  their  language  and  the  lack 
of  definite  suggestions  makes  us  doubt  in  most  cases  the  sin- 
cerity of  the  speaker  and  incline  to  believe  that  the  parts  of 
the  message  relating  to  common  schools  were  inserted  as  cam- 
paign material. 

Joseph  Estabrook,  then  president  of  East  Tennessee  Col- 
lege, speaking  just  after  the  enactment  of  the  most  progressive 
legislation  save  that  of  1850-6,  said:  "Had  eulogy  and  decla- 
mation been  all  that  was  wanting,  in  our  own  state,  long 
since  knowledge  wrould  have  knocked  at  every  man's  door  and 
have  been  found  an  inmate  of  every  dwelling."5* 

What,  then,  with  the  financial  troubles  in  connection  with 
the  school  fund  and  in  the  state  at  large,  the  poverty  and 
sparseness  of  the  population  and  the  other  obstacles  due  to 
slavery,  and  the  insincerity  of  many  of  its  own  advocates,  it 
is  small  wonder  that  the  state  system  of  common  schools  down 
to  the  time  of  the  Civil  War  existed  principally  in  the  words 
of  politicians  and  the  thoughts  and  hopes  of  a  few  enlightened 


reformers. 


A.  P.  Whitaker. 


Mass 


"Census  1850,  pp.  580-581:  Census 


neous  Statistics/1  p.  506. 

"East  Tennessee  College  Commencement  Address,  Sept.  12,  1838 


THE  TOPOGRAPHICAL  BEGINNINGS  OF 

NASHVILLE 


The  first  resident  of  the  area  now  covered  by  the  city  of 
Nashville  of  whom  we  have  any  account  was  a  Creole  named 
Charleville,  who  ascended  the  Cumberland  river  and  estab- 
lished a  trading  station  and  store  on  the  top  of  a  large  Indian 
mound  in  the  angle  formed  by  the  river  and  the  Sulphur 
Spring  branch.  According  to  John  Haywood,  this  mound  was 
about  seventv  vards  from  the  river  and  about  the  same  dis- 
tance  (northward)  from  the  branch.1  On  the  wall  of  the  Ten- 
nessee Historical  Society's  rooms  is  a  plat  made  by  David 
McGavock,  in  1786,  showing  this  "Mount"  as  situated  on  the 
960-acre  tract  of  James  McGavock,  near  its  northeast  corner. 
To  judge  from  this  plat  the  mound  would  seem  to  be  about 
210  feet  from  the  south  bank  of  the  river  and  about  400  or  500 
feet  northward  from  the  branch.  It  would  thus  lie  a  very  few 
feet  north  of  the  approach  of  the  present  Jefferson  street 
bridge,  and  between  Market  and  College  streets,  (Second  and 
Third  avenues). 

The  beginning  point  of  this  Freeland,  afterward  McGavock, 
tract  was  on  the  south  side  of  the  river,  18  poles  below  the 
branch,  and  the  line  ran  thence  south  67  degrees  west.  This 
was  also  the  line  of  the  Salt  Spring  tract,  which  will  be  men- 
tioned later;  it  is  identical  with  the  present  course  of  Jeffer- 
son street.2 

It  cannot  be  said  with  certainty  what  tribe  of  Indians 
built  and  occupied  this  mound,  but  the  present  writer  believes 
that  it  was  the  work  of  the  Shawnees,  as  this  nation,  the 
"Gypsies  of  the  Wilderness,"  held  this  section  up  to  the  time 
of  Charleville,  whose  hunters  were  a  remnant  of  Shawnees. 
There  was  a  stockade  of  heavy  upright  timbers  inclosing  the 
mound.  As  a  result  of  bloody  wars  with  the  Iroquois,  Chick- 
asaws,  and  Cherokees,  the  Shawnees  had  been  partly  exter- 
minated and  partly  driven  across  the  Ohio  river;  only  some 
twenty  or  thirty  remained  around  Charleville' s  station. 

In  the  year  1714  Charleville  and  his  Shawnees  packed  their 
peltries  into  canoes  and  started  for  the  French  settlements 
on  the  Mississippi,  but  were  waylaid  at  Harpeth  Shoals,  some 
forty  miles  below  Nashville,  and  nearly  all  the  Shawnees  were 
killed.  Charleville  made  his  way  to  Cahokia,  the  French  set- 
tlement in  the  present  state  of  Illinois. 

*J.  Haywood,  Natural  and  Aboriginal  History  of  Tennessee,  p. 
136  (Part  4) ;  and  pp.  221-224. 


^Davidson 


2 


32 


Park  Marshall 


This  mound  is  not  visible  now, 


been 


scraped  down  when    Front  street  was  leveled  for  the  railroad 


tracks 


There  were  a  number  of  other  mounds  in  the  vicinity,  par- 
ticularly about  the  sulphur  spring  and  present  ball  park.  The 
three  hillocks  in  the  bottom  where  the  sulphur  well  now  is  are 
remnants  of  such  mounds.    Part  of  the  ground  under  the  Howe 

factorv  is  a  mound;  and  the  same  is  true  of  the  ground 


ice 


^ 


Fourth 


avenue. 


The  next  settler  was  Thimot6  Demonbreun,  also  a  French- 
man, whose  name  was  commonly  both  pronounced  and  spelled 
Timothy  Demumbre.  He  is  too  well  known  to  need  much 
mention  here.  He  had  served  in  the  French  armv  in  New 
France,  and  had  come  to  the  Cumberland  as  a  trapper  and 
lived  there  until  over  ninety.  His  name  is  on  the  list  as  a 
subscriber  for  one  of  the  town  lots.  He  was  a  sergeant  in  the 
guard  for  the  protection  of  Mero  district,  and  the  society  has 
his  signature  on  two  requisitions  for  supplies.  There  is  no 
evidence  that  the  "long  hunters"  of  1770  reached  the  bluff 
where  Nashville  stands,  but  they  did  reach  Bledsoe's  lick  and 
Station  Camp  Creek  in  Sumner  county.  In  1772  hunters  ex- 
plored as  far  as  Nashville.  The  settlers  under  the  lead  of 
James  Robertson  reached  the  bluff  in  the  early  part  of  Jan- 
uary, 1780 — some  say  on  Christmas  day,  1779 — while  the  "Boat 
Adventure"  with  its  settlers  arrived  April  24,  1780.  The  first 
Indians  met  were  a  friendly  hunting  party ;  the  Battle  of  the 
Bluffs  did  not  occur  until  April  2,  1781. 

A  remarkable  thing  is  that  the  settlers  did  not  know  what 
latitude  they  were  in ;  nor  did  there  exist  any  mode  of  acquir- 
ing title  to  land.  The  Watauga  settlers  thought  they  were  in 
Virginia,  and  Daniel  Smith's  map  (in  Imlay)  runs  the  line 
that  way  by  a  detour  into  Tennessee.  Long  after  the  running 
of  the  line  of  Walker,  who  in  1779-1780  attempted  to  locate 
the  place  of  latitude  36°  30'  from  the  northeast  corner  of  Ten- 
nessee to  the  second  crossing  of  the  Tennessee  river,  the  set- 
tlers or  "stationers"  on  the  north  bank  of  the  Cumberland 
river  at  Nashville  believed  that  they  were  in  Virginia;  but 
this  was  due  largely  to  the  fact  that  Henderson's  attempted 
purchase  from  the  Indians  extended  to  that  point  and  to  the 
Ohio,  and  Henderson  treated  it  as  Virginia  domain  for  a 
short  time.  The  commissioners  who  made  the  abortive  treaty 
with  the  Indians  at  Nashborough  in  1783  were  appointed  by 
Virginia. 

These  doubts  as  to  the  borders  of  the  territory  to  which  the 
Cumberland  country  belonged  were,  however,  soon  set  at  rest. 


Beginnings  of  Nashville  33 


The  next  trouble  was  the  fact  that  there  was  no  land  at  the 
place  at  which  the  settlers  had  arrived  the  individual  owner- 
ship of  which  could  be  legally  acquired,  for  the  reason  that  it 
was  adjacent  to  a  salt  spring  and  the  State  of  North  Carolina 
reserved  such  tracts  from  entry  and  grant.  This  naturally 
brings  the  discussion  to  the  matter  of  the  salt  spring  and  the 
tract  surrounding  it. 

The  salt  spring  was  located  on  the  north  side  of  Cherry 
street,  or  Fourth  avenue,  in  North  Nashville.  It  was  not  at 
the  spot  where  the  sulphur  spring  pump  is  now  located,  but 
about  100  yards  east  of  that  point,  and  on  the  other  side  of 
Cherry  street,  or  Fourth  avenue.  It  was  in  the  soil  near  the 
branch,  or  "lick/'  and  was  surrounded  by  a  low  circular 
embankment  sixteen  or  eighteen  feet  in  diameter,  the  spring 
thus  being  in  a  saucer-shaped  depression.3  It  is  believed  that 
this  embankment  was  caused  by  buffaloes  pawing  the  mud  out 
of  the  spring  and  throwing  it  back  toward  their  hind  feet. 

As  stated  before,  it  was  the  law  of  the  State  that  salt 
spring  tracts  could  not  be  granted.  The  law  required  that  a 
tract  of  640  acres  should  be  laid  off  so  as  to  include  the  salt 
spring  and  that  this  tract  should  be  reserved  as  a  kind  of 
public  park  for  the  free  use  of  all  citizens  and  their  cattle. 
Even  the  later  act  permitting  the  sale  of  salt  springs  tracts 
required  that  the  springs  themselves  should  not  be  inclosed 
by  the  purchasers. 

In  1782  the  salt  spring  tract  was  surveyed  by  Thomas 
Mulloy.  It  embraced  640  acres  and  began  at  the  south  side 
of  the  river  18  poles  below  the  mouth  of  the  salt  lick  branch 
(Sulphur  Spring  branch),  and  the  line  ran  thence  south  67 
degrees  west,  226  poles  to  a  hackberry  and  other  marked 
trees;  thence  south  33  degrees  east  on  a  line  742%  feet  west 
from  the  present  McLemore  street,  which  street  later  was  the 
"back  line  of  the  town."  This  line  continued  until  it  crossed 
Wilson's  Spring  branch.  It  then  cornered  again  and  ran 
north  67  degrees  east  until  near  the  river  above  Nashville, 
where  it  again  cornered  and  ran  due  north  36  poles  to  the 
river.4  The  above  line  running  north  67  degrees  east  crosses 
Peabody  street  at  an  acute  angle.  The  place 'where  the  last 
call  touches  the  river  is  very  near  the  new  railroad  bridge  of 
the  Lewisburg  &  Northern  railway. 

The  next  act  of  North  Carolina  appointed  trustees  to  lease 
out  the  salt  springs,  and  Lardner  Clark  and  J.  C.  Mount- 
florence  were  the  trustees  appointed  to  lease  the  spring  for 
the  Cumberland  settlers.  The  original  of  a  lease  of  this  kind 
is  in  the  archives  of  the  Tennessee  Historical  Society,  made  by 

3This  fact  is  related  by  Mr.  I.  T.  Rhea,  a  highly  intelligent  citizen. 
4North  Carolina,  Private  Acts,  p.  200. 


34  Park  Marshall 


Anthony  Hart  in  September,  1790,  he  having  made  bond  to  pay 
to  the  trustees  of  the  town  600  pounds  of  dry  salt  for  the  use 
of  the  salt  works  for  four  weeks.  The  paper  shows  that  there 
were  kettles,  beams,  arches,  etc.,  there.  On  the  back  is  a 
credit  for  150  pounds  of  salt,  and  other  credits  in  articles 
the  value  of  which  is  not  stated. 

Salt  was  selling  at  f 20  a  barrel  at  that  period. 

A  few  words  with  respect  to  our  salt  licks  in  general  may 
not  be  out  of  place  here.  Originally  there  were  many  salt 
swamps  or  springs  in  this  western  country  the  water  of  which 
could  be  evaporated,  leaving  a  residuum  of  very  good  salt. 
Besides  this  one  at  Nashville  there  was  one  on  Mansker's 
creek  at  the  north  border  of  Davidson  countv.  In  the  account 
of  James  Robertson's  expedition  in  1787  against  the  Indians 
at  Coldwater  on  the  Tennessee  river  a  salt  lick  "as  big  as  a 
cornfield"  is  spoken  of  as  being  near  Lick  creek  in  the  present 
Hickman  county.  There  were  a  number  of  them  some  miles 
west  of  the  Cumberland  plateau.  When  they  began  to  fail 
they  were  often  drilled  to  considerable  depths  by  means  of 
drills  fitted  to  heavy  wooden  poles,  and  casings  were  let  down 
into  them  to  keep  out  other  kinds  of  water. 

What  was  the  origin  of  these  salt  springs,  and  why  have 
they  disappeared? 

There  were  no  beds  of  salt  rock;  if  there  had  been  they 
would  not  probably  have  become  exhausted  almost  at  one  and 
the  same  time. 

The  whole  Cumberland  or  Middle  Tennessee  valley  is  the 
result  of  the  solution*and  erosion  of  a  vast  amount  of  earth 
and  rock  from  which  the  salt  was  left  as  a  residuum  in  cer- 
tain confined  places  where  the  waters,  not  being  able  to  escape 
freely,  evaporated  through  a  long  period  of  time.  This  left  a 
limited  amount  of  salt,  which  was  mostly  exhausted  by  extrac- 
tion, and  the  remainder  of  which  disappeared  with  drainage 
and  cultivation  of  the  lands. 

In  1789  an  act  was  passed  directing  the  sale  of  the  salt 
spring  tracts  whenever  the  county  courts  should  be  of  opinion 
that  they  were  of  no  use  for  salt  production.5  Those  holding 
leases  were  to  be  excused  from  half  the  rental  charge  and  be 
given  time  in  which  to  pay  the  rest.  Davidson  Academy  was 
to  get  one  of  the  salt  springs  tracts,  and  it  was  given  the 
Casper  (Mansker's)  creek  tract  of  640  acres,  it  has  been  said. 
The  academy  had  additional  land  given  it  within  the  Nash- 
ville tract,  as  will  be  shown. 

Under  an  act  of  1784  of  the  State  of  North  Carolina  200 
acres  of  the  Nashville  salt  spring  tract  were  set  apart  to  con- 
stitute the  town  of  Nashville,  and  out  of  the  200  acres  were 

•North  Carolina,  Acts,  1791,  p.  679. 


Beginnings  of  Nashville  35 


to  be  laid  off  and  reserved  four  acres  for  public  buildin 
courthouse,  jail,  and  stocks.6  The  rest  of  the  200  acres  were 
to  be  laid  off  into  one-acre  lots  and  sold,  the  proceeds  to  go 
to  the  construction  and  maintenance  of  these  public  struc- 
tures. Each  purchaser  was  to  build  a  certain  kind  of  house 
within  three  years,  a  requirement  from  which  they  were  re- 
lieved very  soon  by  another  act. 

The  four  acres  are  the  Public  Square,  Which  could  not  be 
sold,  and  which  was  "reserved"  for  public  structures  of  a 
nature  pertaining  to  a  county.  The  four  acres  were  never 
granted,  but  being  reserved  went  first  to  the  United  States 
under  the  cession  act,  then  to  Tennessee,  but  each  time 
charged  with  this  dedication;  hence  are  under  the  county's 
management. 

The  act  of  1784  simply  directed  that  out  of  the  salt  spring 
tract  200  acres  should  be  laid  out  for  a  town,  four  of  which 
acres  should  be  set  apart  for  public  buildings,  as  a  courthouse, 
a  gaol,  and  stocks.  Trustees  were  named  in  the  act  and  em- 
powered to  sell  the  lots  at  four  pounds  North  Carolina  money 
by  subscriptions  to  as  many  as  fifty  lots  at  a  time.  The  lots 
subscribed  for  were  to  be  later  drawn  for  by  lot,  except  that 
James  Robertson  should  have  the  right  to  purchase  as  many 
as  four  lots,  which  he  could  select  as  he  might  see  proper.7  The 
present  street  railway  transfer  station  is  on  one  of  the  James 
Robertson  lots.  This  act  was  thus  the  original  charter,  though 
it  contains  few  grants  of  authority  such  as  are  usually  found 
in  charters. 


6 


North  Carolina,  Acts,  1784. 


7One  of  the  subscription  lists  for  the  original  lots  is  among  the 

Historical  Society's  papers,  dated  April  30,  1790.    It  is  as  follows: 

Jas  Love,  3  lots;  J.  C.  Mountflorence,  for  Hyder  Alby  Davis,  1; 
Thimote  demonbreun  1;  Edwin  Hickman  1;  Edmond  Gamble  1;  John 
Johns  1;  John  McNairy  1;  Wm  Cooke  1;  Elijah  Robertson  2;  Elijah 
Robertson  2;  John  McNairy  for  Thos  Hamilton,  jr,  Boyd  McNairy, 
and  Hance  Hamilton,  jr,  3;  D.  Hay  1;  Wm  A.  Pease  2;  J.  C.  Mount- 
florence 5;  G.  Walker  2;  J.  Sitgreaves  2;  Charles  Snier  4;  Geo  Sugg 
5;  B.  Searcy  2;  Rich'd  McGuire  2;  A.  Foster  6;  John  Boyd  1;  C. 
Walker  2;  James,  for  Simon,  Sugg  1,  and  for  Wm  Sugg  1;  Anth'y 
Hart  2;  Jas  Love  2;  John  Deadrick  2;  David  Deadrick  2;  Danl  James 
1;  Ho.  E.  Tatum  1;  D.  Robertson  1;  David  Donnell  1;  Joel  Rice  2; 
Thomas  Overton  1;  Elisha  Rice  1;  John  Forman  1;  James  Mulherrin 
1;  James  Shaw  jr,  1;  Sam'l  Barton  2;  Deadrick  &  Co  2;  John  Rice  2; 
James  Shaw  1;  Thomas  McFarland  1;  Jno  Hay  1;  John  Rains  1; 
John  Boyd  jr,  1;  Total  83.  On  the  back  are  four  other  names  which 
may  stand  for  other  lots — Sam'l  Barton;  Thos  Mulloy;  Tal  Shaw; 
Grace  (?)  Lindsey.  The  date  shows  that  this  was  not  the  very  first 
list,  and  the  records  show  that  the  larger  numbers  represented  these 
lots;  deeds  made  in  1784-5  show  lots  with  small  numbers.  All  of  the 
subscribers  were  able  to  write  good  hands.  Roosevelt  calls  attention 
to  the  fact  that  the  256  subscribers  to  the  Cumberland  Compact  except 
one  signed  their  own  names. 


36  Park  Marshall 


The  town  was  at  once  laid  out  into  streets  and  one-acre 
lots  by  Thomas  Mulloy,  a  local  surveyor,  there  being  180  lots, 
and  the  act  was  carried  out  in  all  respects. 

The  east  boundary  of  the  town  was  not  the  river,  but 
Front  street,  thus  cutting  the  town  off  from  the  river,  but  at 
the  same  time  obtaining  the  largest  possible  number  of  good 
business  lots;  the  south  boundary  was  Broadway  from  Front 
to  McLemore  street,  or  Ninth  avenue;  the  west  boundary  wai 
McLemore  to  Line  street,  now  Jo  Johnston  avenue.  At  the 
last-mentioned  point  the  boundary  angled  and  ran  north  57 
degree  east  with  Line  street  to  the  beginning  at  Front  street, 
except  that  the  plan  included  in  the  town  three  lots  on  each 
side  of  Market  street  and  three  lots  on  the  west  side  of  College 
street,  these  nine  lots  being  north  of  Locust  street,  which  is  a 
short  street  between  Market  and  College,  a  little  north  of  the 
direction  of  Line  street.8  At  a  later  date  the  trustees  sold  a 
number  of  other  lots,  to  which  they  really  had  no  title,  lying 
between  Front  and  the  river  and  north  of  the  present  bridge, 
which  gave  rise  to  litigation  with  Judge  McNairy;  but  in  the 
end  the  suit  was  compromised  so  that  the  purchasers  held  the 
lots,  and  they  have  ever  since  been  treated  as  parts  of  the 
original  plan. 

In  1785  the  legislature  of  North  Carolina  granted  240  acres 
of  the  Nashville  salt  spring  tract  to  Davidson  Academy,  this 
act  being  thought  to  be  the  first  endowment  of  a  college  located 
west  of  the  mountains.  This  240  acres  was  surveyed  as  be- 
ginning on  the  river  at  the  southeast  corner  of  the  town 
(sic) ;  then  with  the  south  border  of  the  town  south  57 y2  west, 
181  poles,  which  point  is  the  corner  of  McLemore  street;  then 
the  line  followed  the  greater  part  of  the  west  border  of  the 
town ;  then  westward  to  the  back  line  of  the  salt  spring  tract, 
which  it  followed  southeast,  and  then  northwest  back  to  the 
river.  Owing  to  certain  inaccuracies  in  this  survey,  the  grant 
was  not  issued  until  June  12,  1794.9 

This  left  200  acres  of  the  salt  spring  tract,  upon  which  the 
spring  was  situated,  as  public  property.  The  county  court, 
under  authority  of  an  act,  decided  that  the  spring  was  mani- 
festly of  no  further  profit,  and  thus  the  tract  was  thrown  on 
(he  market.  It  was  bought  by  John  McNairy,  judge  of  the 
Superior  Court,  at   200  pounds,   and  his  grant   was  issued 


According  to  Mulloy's  survey — which  is  given  in  needle  reading 
Line  and  Broad  streets  run  North  57  degrees  East,  while  the  cross 
streets,  as  McLemore  and  Front,  are  South  33  East.  The  north  and 
south  streets  are  parallel  with  the  south  line  of  the  old  salt  spring 
tract,  but  the  east  and  west  streets  run  ten  degrees  off  from  the 
side  lines,  one  of  which  is  Jefferson.  This  was  because  the  angles 
of  the  salt  spring  tract  were  not  right  angles. 
9David8on  County  Deed  Book  Et  page  193. 


Beginnings  of  Nashville  37 


December  20,  1791.  His  grant  was  intended  to  include  the 
whole  residue  of  the  salt  spring  tract,  200  acres,  but  it  failed 
to  describe  the  strip  between  Front  street  and  the  river.  He 
caused  the  legislature  to  revise  the  grant  on  this  point,  then 
sued  the  city  for  the  lots  which  the  city  had  sold  next  to  the 
river,  but,  as  already  stated,  the  suit  was  compromised  so  as 
to  let  those  sales  stand,  and  to  give  the  part  of  the  strip  north 
of  the  bridge  to  McNairy.  McNairy's  north  line  ran  with 
Jefferson  street  from  the  river  226  poles  and  was  all  the 
land  between  that  street  and  the  city,  and  also  some  little 
distance  along  the  west  border  of  the  city.  On  this  he  built 
the  "Mansion  House,"  near  which  was  the  "Judge's  Spring." 

The  city  was  enlarged  by  means  of  outside  owners  laying 
out  sub-divisions  over  which  the  corporation  was  extended 
from  time  to  time  until  it  now  contains  over  fifty-five  times  its 
original  area.10 

That  Nashville  was  located  just  where  it  is  was  due  largely 
to  two  facts:  First,  the  salt  spring  produced  a  commodity 
that  was  in  very  great  demand ;  and,  secondly,  the  bluff  has  a 
considerable  elevation  and  was  not  heavily  timbered,  the 
growth  being  mainly  cedars,  privet  bushes,  and  scattering 
trees,  mainly  hackberries. 

In  1784  the  North  Carolina  commissioners  ran  a  line  from 
the  point  where  the  Cumberland  river  enters  the  state  to  a 
,  point  fifty-five  miles  southward;  thence  westward  to  the  Ten- 
nessee river.    This  line  was  the  Continental,  or  Military,  line. 

10The  earliest  subdivisions  within  the  640-acre  salt  spring  tract 
around  Nashville  were  as  follows: — 

1.  The  Academy's  First  Plan.  This  was  a  part  of  its  240  acres, 
and  was  from  Market  street  to  Summer  and  southward  somewhat 
beyond  Peabody.    This  was  in  1805. 

2.  The  Academy's  Plan  of  Out  Lots,  or  Large  Lots.  It  extended 
from  Summer  out  Broad  to  Gowdy,  and  southward  to  the  Academy's 
line. 

3.  Subdivision  of  Lots  6,  7,  and  8  of  the  Academy's  Plan  of 
Large  Lots. 

4.  Balch  and  Whitesides'  Subdivision — being  a  part  of  John  Mc- 
Nairy's two  hundred  acres. 

5.  The  Upper  Ferry.  This  was  from  the  river  to  Market,  and 
south  to  Wilson  Spring,  or  Tanyard,  branch,  which  reaches  the  river 
above  Sparkman  street  bridge.  The  land  had  been  bought  from  the 
academy. 

6.  N.  A.  McNairy's  Plan  of  West  Nashville. 

7.  John  McNairy's  Mansion  House  tract,  or  Judge's  Spring. 

8.  North  of  Jefferson  street  was  a  960-acre  tract  granted  to 
George  Freeland  who  built  a  blockhouse  on  it,  called  Freeland's  sta- 
tion. This  was  the  fort  attacked  by  Indians  the  same  night  that 
Robertson  reached  it  upon  his  return  from  Kentucky.  Maj.  Lucas 
was  killed  in  the  fight.  This  tract  was  bought  from  Freeland  by 
James  McGavock.  The  portion  next  to  Jefferson  street  was  subdivided 
later  as  D.  T.  McGavock's  Subdivision. 


38  Park  Marshall 


North  of  this  last-mentioned  line  lands  were  granted  to  the 
"Officers  and  Soldiers  of  the  Continental  Line  of  North  Caro- 
lina."11 Under  this  act  lands  were  given  to  revolutionary  sol- 
diers. Other  settlers  received  lands  under  pre-emption  rights 
under  the  act  of  1780. 

To  go  back  to  the  salt  spring.  Judge  McNairy  held  the 
theory  that  the  salt  came  from  a  solution  of  a  bed  of  salt  lying 
below  the  surface  of  the  ground,  instead  of  being,  as  it  in 
reality  was,  a  mere  result  of  age-long  evaporation  as  has  been 
explained.  He  decided  to  bore  for  the  salt  bed,  and  to  this 
end  employed  Frederick  Binkley  and  Henry  Guthrie  to  do  the 
work.  They  drilled  $t  a  place  about  100  yards  up  the  branch 
from  the  spring,  and  went  down  over  160  feet,  where  they 
tapped  the  stream  of  sulphur  water;  this  is  the  origin  of  the 
sulphur  well.  It  is  probable  that  the  salt  had  then  already 
been  exhausted,  and  if  any  remained  the  sulphur  mingled  with 
it.  At  all  events  the  salt  spring  became  unpopular  with  the 
citizens.  McNairy  obeyed  the  law  in  keeping  it  open  to  all 
cattle  at  large,  but  now  the  people  petitioned  the  legislature 
to  "compel"  him  to  inclose  it  because  it  injured  the  cattle. 
The  legislature  heard  the  cry  of  the  people  and  enacted  that 
McNairy  be  "permitted"  to  inclose  the  salt  spring.  This  was 
the  end  of  Nashville's  first  "public  utility."12 

It  is  said  that  out  of  respect  to  the  Duke  of  Cumberland 
the  explorers  gave  the  river  its  present  name.  The  Indian 
name  was  Shawnee,  or  Shawanoe,  which  the  French  gave  as 
Chauvanon. 

These  are  some  of  the  small  and  apparently  insignificant 
beginnings  of  Nashville  and  the  Cumberland  settlement;  yet 
when  considered  in  the  light  of  history  it  is  difficult  to  over- 
estimate the  far-reaching  effect  of  the  persistent  conduct  of  the 
settlers  in  holding  the  Cumberland  settlement  against  the 
numerous  and  warlike  Indian  tribes  who  were  aided  by  Span- 
ish and  English  gold  and  intrigue.  It  is  certain  that  Spain 
looked  upon  the  spread  of  this  settlement  as  a  matter  of  the 
gravest  international  concern,  fully  warranting  the  expendi- 
ture of  blood  and  treasure.  While  the  Cumberland  settlers 
were  thus  holding  Mero  district  the  Kentuckians  under  George 
Rogers  Clark  captured  Vincennes  and  held  it  to  the  end  of 
the  war.  It  was  upon  these  two  facts  that  under  a  construc- 
tion of  international  law  the  United  States  made  good  its 
claim  to  the  country  as  far  as  the  Mississippi  river.  Next,  the 
juxtaposition  of  this  territory,  and  the  vigorous  controversies 

MIn  diffeernt  publications  the  names  of  these  lines  have  often  been 
transposed  and  confused,  but  as  this  only  concerns  popular  designa- 
tions the  matter  does  not  seem  to  be  very  important. 

"Acts  of  Tennessee,  1806. 


Beginnings  of  Nashville  39 


over  the  navigation  of  the  Mississippi,  led  to  the  proposel  for 
the  Louisiana  purchase  at  a  most  auspicious  time;  and  from 
this,  in  turn,  grew  the  grounds  which  ultimately  led  to  the 
acquisition  of  Texas  and  the  far  West.  Of  course,  it  is  always 
in  some  such  ways  as  these  that  nations  expand.  The  feeble 
origin  of  such  an  expansion,  though  doubtless  ruled  from 
above,  should  never  fail  to  interest  a  nation  which  has  experi- 
enced it. 

One  can  hardly  treat  at  any  length  of  the  early  history  of 
Nashville  and  the  settlement  without  a  reference  to  James 
Robertson,  who  certainly  stands  in  the  front  rank  of  great 
Tennesseans.     To  his  wise  counsel  and  stubborn  and  cour- 

i 

ageous  nature  the  persistence  of  the  settlers  was  due,  and 
without  him  the  district  would  certainly  have  been  abandoned 
until  long  after  the  close  of  the  revolutionary  war.  Men  of  his 
kind  appear  to  have  been  gifted,  in  a  way,  with  flashes  of 
inspiration.  When  he  was  urged  to  give  up  his  design  to  hold 
the  country  and  was  told  that  he  and  his  companions  would 
be  slain,  he  said,  "We  are  the  advance  guard  of  civilization 
and  our  way  is  across  the  continent."  He  was  a  noble  ex- 
ample of  obedience  to  law  and  order,  and  at  the  same  time 
led  his  volunteers  in  most  dangerous  expeditions,  with  uniform 
success.  His  influence  was  boundless,  but  he  insisted  that  his 
duty  was  to  remain  among  the  people,  and  he  scorned  to  accept 
any  political  office  for  money  or  motives  of  ambition.  His  field, 
it  is  true,  was  in  miniature  compared  with  many  another 
great  man,  but  the  record  he  made  is  perfect  and  gleams  as 


a  gem. 


Park  Marshall. 


• 


j 


JOSEPH  GREER,  "KING'S  MOUNTAIN  MESSENGER: 

A  TRADITION  OF  THE  GREER  FAMILY 


** 


An  interesting  spot  in  Middle  Tennessee,  because  of  its 
association  with  the  pioneer  history  of  the  state,  is  the  old 
Greer  homestead  in  Lincoln  county  near  the  pretty  little  town 
of  Petersburg. 

The  house  stands  in  the  midst  of  a  fertile  farming  section 
which  is  a  part  of  the  original  grant  of  2,600  acres  received  by 
Joseph  Greer  for  service  in  the  Revolutionary  war.  Joseph 
was  the  son  of  Andrew  and  Ruth  Kincade  Greer,  who  came  to 
this  country  from  Ireland  about  the  year  1750.  Andrew  Greer, 
being  so  much  below  the  average  height,  was  dubbed  "Wee 
Andy"  and  "Wee  White-Headed  Andy,"  so  Joseph,  who  was 
of  unusual  height  and  strength,  must  have  inherited  his  splen- 
did physique  from  some  remote  ancestor  of  Scotch  or  Irish 
blood. 

At  the  time  of  the  Revolution,  Joseph  Greer  was  almost  a 
boy  in  years,  but  was  over  seven  feet  tall  and  splendidly  pro- 
portioned, and  after  the  battle  at  King's  Mountain  was  chosen 
to  carry  the  news  of  the  victory  to  the  Continental  Congress, 
then  in  session  at  Philadelphia.  The  journey  was  long  and 
perilous,  but  the  young  messenger  was  stout  of  heart  as  well  as 
of  body  and  started  cheerfully  on  his  way,  armed  with  his 
trusty  musket  and  a  brass  compass  to  guide  his  steps.  His 
experience  as  a  surveyor,  together  with  his  knowledge  of  the 
Indians,  enabled  Greer  to  avoid  many  dangers  and  mistakes 
and  to  reach  his  journey's  end  in  safety.  Upon  his  arrival  in 
Philadelphia,  Greer  at  once  inquired  the  way  to  the  American 
headquarters  and,  brushing  past  the  astonished  doorkeeper 
without  a  word  of  explanation,  strode  into  the  midst  of  the 
assembled  Congress  and  delivered  his  message. 

It  is  related  that  Greer's  unusual  size  created  much  com- 
ment in  Philadelphia,  and  many  were  heard  to  say,  "No  wonder 
the  Americans  can  win,  if  this  man  is  a  sample  of  their  sol- 
diers." 

When  the  time  came  for  Joseph  Greer  to  take  possession 
of  his  government  land,  he  traveled  down  into  Middle  Ten- 
nessee and  staked  off  a  claim  in  what  is  now  Lincoln  county. 


the 


its  great  stone  chimney  is  still  in  a  good  state  of  preservation 
and  is  occupied  by  negro  tenants  at  the  present  time.  In  1810 
Greer  built  a  larger  and  better  house  of  five  rooms,  and  in 
this  house  he  and  his  good  wife  raised  their  eleven  children, 


girls 


house 


Joseph  Greer  41 


easy  task,  for  all  of  the  work  was  done  by  hand,  and  it  took 
the  best  carpenter  in  that  section  one  whole  year  to  complete 
the  five-room  dwelling.  He  received  a  nice  little  farm  in  pay- 
ment. 

Many  queer  and  interesting  relics  of  the  "King's  Mountain 
Messenger"'  are  preserved  at  the  Greer  home,  among  them  his 
family  Bible,  in  which  are  recorded  the  births,  deaths  and  mar- 
riages of  various  members  of  the  family.  On  the  first  page  of 
this  old  record  we  find  a  notice  of  Greer's  marriage  in  the 
following  words :    "Joseph  Greer  and  Mary  Ann  Harman  were 

married  on  the  17th  day  of  January,  1811,"  and  on  the  pages 
reserved  for  deaths  is  this  brief  statement:  "Separated  this 
life  on  the  23rd  February,  1831,  Joseph  Greer." 

Another  interesting  relic  is  an  account  book  or  ledger  which 

was  kept  by  Greer  while  operating  a  store  in  Philadelphia  in 
1791.  The  items  in  this  book  were  all  written  with  a  goose 
quill  pen  and  are  almost  as  clear  and  legible  as  when  first 
penned,  124  years  ago. 

Among  several  old-fashioned  garments  which  are  now  care- 
fully preserved  by  descendants  of  Joseph  Greer  is  a  suit  of 
homespun,  consisting  of  coat,  vest  and  knee  breeches,  all  re- 
markable for  their  unusual  size.  This  suit  was  made  by  Mrs. 
Greer's  skillful  fingers  from  cloth  which  she  herself  wove  after 
spinning  the  thread  from  home-grown  flax.  With  this  suit, 
on  festive  occasions,  Joseph  Greer  wore  silver  knee  buckles, 
wich  are  now  a  treasured  possession  of  a  great-granddaughter. 
A  tall  stiff  hat,  an  overcoat  and  a  quaint  old  mirror  are  also 

shown  to  visitors  at  the  Greer  home;  also  an  old  millstone 
which  was  used  in  the  first  grist  mill  ever  built  in  this  part  of 

the  state. 

Many  descendants  of  Joseph  Greer  are  now  scattered  over 
the  section  once  owned  by  their  distinguished  ancestor,  but  of 
his  immediate  family  only  one  son,  Thomas  Vance  Greer,  sur- 
vives. This  son,  known  to  everyone  as  "Uncle  Tom  Greer,"  is 
in  his  ninety-second  year,  and  is  said  to  be  the  oldest  living 
descendant  of  a  revolutionary  soldier.  Thomas  had  a  twin 
brother,  Joseph,  who  died  about  four  years  ago,  and  the  two 

were  thought  to  be  the  oldest  twins  in  the  United  States. 
Thomas  Greer  was  onlv  seven  vears  old  when  his  father  died, 
but  remembers  him  with  much  affection.  He  can  recall  that 
his  father's  business  often  kept  him  from  home  a  week  at  a 
time,  and  that  on  his  return  his  first  words  were,  "Howdy, 
Mary  Ann,"  and  the  next,  "Where  are  the  boys?"  He  would 
then  take  the  twins  by  the  hand  and  walk  over  the  farm  look- 
ing  after  the  crops  and  directing  the  laborers  in  the  fields. 
It  is  also  related  that,  on  entering  the  family  living  room, 
Joseph  Greer  always  hung  his  hat  and  coat  on  nails  driven 


42 


Maggie  H.  Stone 


in  the  rafters  overhead,  his  great  height  enabling  him  to  reach 

the  ceiling  with  all  ease. 

Before  his  death,  Joseph  Greer  set  apart  a  plot  of  ground 
for  a  family  burial  place,  and  on  this  spot,  a  short  distance 
from  his  first  rude  cabin  home,  the  "messenger  of  Kings  Moun- 
tain" found  his  last  resting  place.  The  quaint  tomb,  built  en- 
tirely of  stone,  bears  the  following  inscription: 

"Here  lyeth  the  body  of  Joseph  Greer.  He  was,  while  liv- 
ing, an  example  of  every  virtue,  distinguished  for  his  benevo- 
lences and  humanity.  He  died  on  the  23rd  day  of  Feb.,  1831, 
in  the  77th  year  of  his  age,  lamented  by  all  who  knew  him." 

Two  years  ago  the  Kings  Mountain  Messenger  Chapter, 
D.  A.  R.,  of  Fayetteville,  Tenn.,  placed  a  handsome  bronze  tab- 
let on  this  tomb  in  memory  of  Greer's  distinguished  service  to 
his  country,  and  Uncle  Tom  was  the  guest  of  honor  at  the  un- 
veiling ceremony. 

Thomas  Greer  is  himself  quite  an  interesting  character  and 
relates  many  thrilling  experiences  of  the  civil  war,  during 
which  he  served  as  Forage  Master  for  the  44th  Tenn.  Regi- 
ment. In  spite  of  many  hardships,  Uncle  Tom  was  never 
wounded  and  never  had  a  serious  illness  in  his  life.  Although 
bent  with  age,  he  is  still  able  to  get  about  his  farm  and  to  ride 
to  church.  He  enjoys  reading  the  daily  papers  and  is  much 
interested  in  the  war  news,  although  he  says,  "I  can't  believe 
they  kill  as  many  as  they  say  they  do."  Thomas  Greer  enjoys 
the  confidence  and  respect  of  all  who  know  him  and  is  peace- 
fully rounding  out  the  last  years  of  a  useful,  well  spent  life. 
One  of  his  cherished  possessions  which  he  enjoys  showing  to 
visitors  is  his  certificate  of  membership  in  the  Sons  of  the 


American  Revolution. 
Fayetteville,  Tenn. 


Maggie  H.  Stone. 


DOCUMENTS 


Diaries  of  S.  H.  Laughlin,  of  Tennessee,  1840,  1843 

Samuel  H.  Laughlin,  the  writer  of  the  following  Diaries, 
was  prominent  in  the  fields  of  newspaper  work  and  politics  in 
Tennessee  in  the  period  of  Jackson  and  Polk.  As  he  tells  us  in 
the  second  Diary,  he  was  born  in  Washington  County,  Vir- 
ginia, May  1,  1796.  Other  biographical  details  are  given  in  the 
Diaries.  Of  chief  interest  for  the  purposes  of  this  present  pub- 
lication is  the  connection  of  Laughlin  with  the  inner  circle  of 
the  Jackson  Democratic  state  machine.  In  1835  it  was  de- 
cided to  establish  at  Nashville  a  newspaper,  the  Nashville 
Union,1  to  represent  the  Jackson  adherents  in  the  community, 
which,  although  Jackson's  home,  preferred  to  adopt  the  cause 
of  Judge  Hugh  Lawson  White.  Laughlin  was  selected  as  the 
editor.  This  connection,  however,  was  not  of  long  duration. 
At  the  time  when  the  first  of  the  Diaries  here  printed  was 
written,  Laughlin  was  a  resident  of  McMinnville,  in  Warren 
County,  in  the  Cumberland  Mountain  region  of  Tennessee.  This 
first  Diary  describes  a  journey  from  McMinnville  to  Washing- 
ton, D.  C,  and  Baltimore,  Maryland,  made  by  Laughlin  as  a 
delegate  to  the  Democratic  National  Convention,  held  in  Bal- 
timore in  May,  1840.  Unfortunately  the  Diary  breaks  off 
shortly  after  the  writer's  arrival  in  Baltimore,  and  thus  fails 
to  give  an  account  of  the  convention.  However,  besides  many 
comments  on  political  matters  picked  up  by  the  way  and  varied 
illustrations  of  methods  of  travel  in  1840,  this  Diarv  is  inter- 
esting  as  giving  authoritative  information  upon  the  political 
purposes  of  Andrew  Jackson  and  James  K.  Polk  and  their 
Tennessee  organization  upon  the  eve  of  the  campaign  for  Van 
Buren's  reelection. 

In  1841-42  Laughlin  was  a  member  of  the  Tennessee  Senate, 
and  in  this  session  and  in  the  called  session  of  1842,  he  took 
a  most  prominent  part  in  the  partisan  warfare  by  which  a 
Democratic  Senate  blocked  the  Whig  House  of  Representatives 
as  to  the  election  of  Senators,  with  the  result  that  Tennessee 
was  without  representation  in  the  Senate  until  1843,  when  the 
Whigs  controlled  both  houses  and  succeeded  in  electing  two 
Whig  Senators,  as  is  described  in  the  second  Diary.  This 
senatorial  episode  of  1841-42,  celebrated  in  Tennessee  history, 
bestowed  upon  Laughlin,  Andrew  Johnson  and  the  eleven 
Democratic  Senators  associated  with  them,  the  name  of  the 

1Cp.  the  introduction  to  "Letters  of  James  K.  Polk  to  Cave  Johnson,  1833-1848" 
(Doc.),  Tennessee  Historical  Magazine,  Volume  1,  p.  218*  (Hereafter  cited  as 
Polk- Johnson  Letters.) 


44 


Documents 


"immortal  thirteen."2  In  1840  Harrison  and  Tyler  carried  the 
state;  in  1841  Polk,  a  candidate  for  reelection  as  governor, 
was  defeated  by  the  Whig,  James  C.  Jones,  though  the  Demo- 
crats won  a  majority  of  the  state  Senate;  in  1843  Jones  was 
again  successful,  and  the  Democratic  outlook  was  not  encour- 
aging. The  candidacy  of  Polk  for  Vice-President,8  initiated  in 
.  1840,  was,  however,  pressed  again,  and  it  was  hoped  that  on 
account  of  the  disorganization  wrought  by  Tyler,  the  Demo- 
cratic chances  would  be  more  favorable.  This  was  the  situa- 
tion when  the  assembly  met  in  October,  1843.  Again  the  Diary 
is  incomplete,  but  the  detail  with  which  it  describes  the  pro- 
cedure of  the  Legislature  makes  it  a  valuable  source  for  the 
six  weeks  which  it  covers. 

The  next  year  Laughlin  was  again  a  delegate  to  the  Demo- 
cratic National  Convention.  After  the  nomination  had  been 
attained  he  was  again  brought  to  Nashville  to  edit  the  Union 
which  passed  under  the  business  management  of  John  P. 
Heiss,  a  Pennsylvanian  for  some  time  identified  with  Tennes- 
see— and  in  this  capacity  fought  valiantly  for  Polk's  election. 
When  Polk  became  President,  Laughlin  was  rewarded  by  ap- 
pointment to  be  Recorder  of  the  General  Land  Office  of  the 
United  States.    He  died  in  Washington. 

Throughout  all  of  these  years  Laughlin  was  a  frequent  cor- 
respondent with  Jackson  and  Polk,  in  whose  papers  are  to  be 
found  many  of  his  letters.  In  printing  the  Diaries  the  manu- 
script has  been  followed  with  exactness,  except  in  the  case  of 
personal  details,  which  usually  refer  to  his  own  health  or  to 
private  family  matters.  These  omissions  have  been  duly  in- 
dicated. 

For  the  use  of  the  original  Diaries,  which  are  written  in  a 
leather-bound  book  of  the  usual  sort,  the  Magazine  is  indebted 
to  Mrs.  Jessie  Spurlock  Harrison,  of  McMinnville,  Tenn.,  a 
great-granddaughter  of  Mr.  Laughlin. 

St.  George  L.  Sioussat. 


i 


"J.   Phelan,  History  of  Tennessee,  chapters  36,  37. 
*Polk- Johnson  Letters,  pp.  229-232. 


Laughlin  Diaries  45 


Diary  and  Notes  of  my  Journey  to  Baltimore,  to  the  Na- 
tional Convention  of  1840,  and  my  visit  to  Washington  City 
on  the  same  occasion. 

Also  Diary,  journal  and  memoranda  (see  page  85 ),4  made 
during  the  session  of  the  Legislature  of  Tennessee,  of  1843-4, 


by  S.  H.  Laughlin. 


[I.] 

McMinnville,  Tenn.,  April  13,  1840. 


Having  been  appointed  by  the  Central  State  Democratic  Commit- 
tee, a  Delegate  to  [the]  National  Convention  to  be  assembled  at 
Baltimore  on  the  5th  of  May,  proximo;  and  having  been  induced 
reluctantly,  upon  the  urgent  solicitation  of  Gov.  Polk,  the  Committee, 
and  many  other  friends  to  accept  the  appointment;  and  having  con- 
sented and  notified  the  Committee  of  my  acceptance,  I  this  day  left 
home  in  the  stage  for  Nashville  to  meet  Mr.  Thomas  the  delegate 
from  Maury,  and  others,  and  to  consult  with  friends  at  that  place 
on  the  subject  of  the  business  and  objects  of  the  proposed  conven- 
tion, and  then  proceed  to  Baltimore  by  way  of  the  "river  route,"  via 
Louisville,  Cincinnati,  Wheeling  and  Washington  City.  We  had  a 
crowded  stage.  My  son  Samuel  Houston  was  with  me,  going  to 
Nashville  to  live  with  Mr.  Kizer,  my  son-in-law,  to  learn  business 
as  a  clerk;  and  Mr.  John  and  Mr.  William  Black  were  going  to 
Nashville,  the  former  of  whom  lived  there.  Mrs.  Roscoe,  a  married 
lady  was  going  to  Nashville  to  professor  Villeplait's — and  Dr.  William 
Richardson,  was  in  the  stage  on  his  way  from  Virginia  to  Dickson 
County.  Owing  to  the  company  of  the  ladies,  and  the  badness  of  the 
roads,  especially  Wilson's  Hill,  we  slept  at  Brandon's  thirty  miles 
from  McMinnville.  Saw  Maj.  Trott  at  Woodbury,  and  promised  to 
write  to  him. 

Tuesday,  April  14. 

We  rose  early,  and  with  the  aid  afforded  by  Paul  Herreford,  the 
contractors  agent,  we  got  safely  over  Wilson's  Hill,  and  to  Murfrees- 
boro  by  10  o'clock,  where  I  saw  Dr.  Rucker,  Maj.  Ledbetter  and  a 
few  friends  while  breakfast  was  getting  ready.  I  forgot  to  mention 
yesterday  that  a  young  Mr.  Fain,  and  a  Mr.  Payne,  a  half-breed 
Cherokee,  a  relation  of  the  Clark  family  at  Kingston,  were  in  the 
stage,  just  from  Knoxville,  and  had  informed  us  of  the  death  of 
Judge  Hugh  Lawson  White  on  the  previous  Friday  (10th  inst.). 
Chancellor  Ridley  who  had  left  Knoxville  on  the  previous  Wednesday 
had  before  informed  me,  that  when  he  left  that  place  Judge  Thos.  L. 
Williams  had  told  him  that  the  Judge  could  not  survive  many  days. 
So,  here  is  an  end  of  ambition — of  the  ambition  of  an  old  politician 
who  had  been  betrayed  and  deceived  by  his  pretended  friends,  John 
Bell  and  others,  into  a  course  of  intrigue  and  tergiversation,  which 
had  cast  him  from  the  Senate,  had  lost  him  the  esteem  of  all  good 
men  in  his  state,  and  had  embittered  his  latter  days,  and  probably 
shortened  his  life.  What  a  warning  his  example  ought  to  afford  to 
all  thinking  and  candid  men!5 

After  breakfasting  at  Murfreesboro,  the  stage  proceeded  on  the 
turnpike  at  the  rapid  rate  of  seven  or  eight  miles  an  hour,  and  took 

4A  reference  to  page  85  of  the  MSS. 

BThis  was  the  orthodox  Democratic  view  of  Judge  White's  course.  As  the  majority 
of  the  voters  in  Tennessee  had  supported  Judge  White,  it  would  seem  that  "all  good 
men,"  though  few,  were  in  the  Democratic  fold! 


46  Document* 


us  to  Nashville  by  4  o'clock  P.  M.     I  got  out  at  the  post  office,  and 

f proceeded  to  Mr.  Kizer's  where  I  found  my  daughters  Ellen  and 
sabella  in  good  health,  as  was  Mr.  K.  himself.  After  eating  a 
hasty  dinner,  I  received  a  message  from  Gen.  Armstrong,  that  some 
friends  desired  to  see  me  at  his  office  (the  post  office)  and  called  im- 
mediately where  I  met  the  Gen.  [,]  Gov.  Polk,  Capt  S.  M.  Barnes  and 
others.  Dr.  J.  S.  Young,  Secretary  of  State,  had  called  at  Mr. 
Kizer's  and  went  with  me.  While  at  the  post  office  Judge  G.  W. 
Campbell  and  others  called.  I  found  Mr.  Speaker  Thomas,  and  Mr. 
Newton  Clarke,  delegates  to  Baltimore,  the  latter  from  Bedford,  at 
Gen.  A's.  After  some  conversation,  Col.  J.  G.  Harris  came  in. 
Messrs.  Thomas,  Clarke  and  myself  went  home  with  the  Governor  to 
tea,  and  to  pay  our  respects  to  the  time  honored  sage  of  the  Hermit- 
age6 who  was  at  the  Governor's  house.  We  found  the  Ex  President 
in  good  health  and  fine  spirits;  and  very  deeply  impressed  with  the 
importance  of  the  nomination  of  President  and  Vice  President  which 
it  was  the  object  of  the  Baltimore  Convention  to  make.  He  was 
clear  in  the  position  that  the  nomination  of  Col.  Johnson,1  whom 
he  greatly  honors  as  a  soldier  and  patriot  would  weaken  and  distract 
our  party  in  the  south,  south  west,  and  everywhere.  That  Georgia 
and  Alabama  had  their  own  favorites,  Forsyth  and  King,8  but  both 
preferred  Polk  to  Johnson,  and  that  Virginia  and  South  Carolina 
would  in  no  event  vote  for  Johnson,  and  were  both  Polk  states.  That 
Polk  would  be  aceptable  to  North  Carolina,  Alabama,  S.  Carolina, 
Mississippi,  Louisiana,  Arkansas,  and  the  whole  southwest;  that  Vir- 
ginia had  nominated  him  unconditionally,  and  that  in  the  North 
West  he  would  be  as  strong  or  stronger  than  Johnson.  That  Massa- 
chusetts had  nominated  Polk,  affording  a  clear  indication  of  the 
wishes  of  the  whole  eastern  democracy.  That  he  had  been  told,  but 
did  not  credit  it,  that  Mr.  Kendall,  Col.  Benton  and  Mr.  Poinsett  were 
averse  to  Polk's  nomination;  that  he  had  reason  to  believe  that  Mr. 
Wright  of  New  York,  and  Mr.  Allen  of  Ohio  were  for  Polk;  that  the 
President  stood  entirely  aloof,  as  he  ought  to  do,  from  all  participa- 
tion in  the  question;  that  he  had  written  his  views  freely  and  fully 
to  Col.  Benton,  Mr.  Wright,  Mr.  Kendall  and  others. 

Wednesday,  April  15,  1840. 

Again  saw  Col.  Polk,  and  read  his  last  letters  from  Mr.  Grundy, 
Mr.  Cave  Johnson  and  Mr.  Hubbard  (David)  Gen.  A.  Anderson  and 
others.  Heard  his  views  at  large,  and  his  determination.  He  was 
advised  that  it  was  a  project  at  Washington,  (into  which  I  fear  our 
friends  have  been  persuaded  to  unite  if  true)  to  make  no  nomination 
of  Vice  President  at  Baltimore,  and  let  the  states  and  the  people  unite 
opon  candidates,  and  if  no  election  is  made  by  the  Electoral  Colleges, 
that  the  Senate  will  make  a  choice,  which  will  ensure  Gov.  Polk's 
election  any  how.  I  do  not  approve  of  this,  if  it  can  possibly  be 
avoided,  because  it  may  lead  to  the  sacrifice  of  Col.  Polk,  and  can 
have  no  other  effect  than  to  (perhaps)  strengthen  Mr.  Van  Buren 
whose  election  is  safe  anyhow;  and  because  Gov.  Polk  ought  not,  and 
declares  he  will  not,  after  the  manner  and  example  of  Judge  White 
in  1836,  be  run  as  a  sectional  candidate,  to  promote  the  personal  pros- 

•Andrew  Jackson,  on  his  retirement  from  the  Presidency,  kept  in  constant  touch 
with  the  state  Democratic  organization  of  Tennessee.  In  1839  Tames  K.  Polk  had 
achieved  a  great  party  success  in  the  defeat  of  Newton  Cannon  tor  governor.  This, 
with  his  record  as3  Congressman  and  Speaker  of  the  House  of  Represntatives,  made 
Polk  "available"  for  national  office. 

TR.  M.  Johnson,  of  Kentucky,  was  distasteful  to  Southern  men  because  of  alleged 
irregularity  in  his  domestic  affairs. 

•John  Forsyth,  of  Georgia,  Secretary  of  State,  and  W.  R.  King,  Senator  from 
Alabama.     See  Polk-Johnson  Letters,  p.  230. 


Laughlin  Diaries  47 


pects  of  any  man,  when  he  cannot  be  elected  himself,  and  is  not  or 
may  not  be  the  choice  of  a  majority  of  his  own  party.  He  declared 
to  us,  that  in  the  event  of  Johnson's  nomination,  he  would  earnestly 
support  him;  but  if  no  nomination  was  made,  and  states  enough  did 
not  forthwith  take  him  up,  for  which  reasonable  time  might  be 
allowed,  to  elect  him,  or  place  him  foremost  on  the  democratic  list 
before  the  Senate,  that  he  would  forthwith  withdraw  his  name,  and 
take  the  field  in  support  of  Col.  Johnson,  or  the  strongest  democratic 
candidate  who  may  be  brought  out  by  the  states  or  the  people.  He 
handed  me  letters  of  introduction  for  myself  from  Gen.  Jackson  to 
Messrs.  T.  L.  Hamer  of  Ohio,  Mr.  Vanderpoel  of  New  York,  and 
Mr.  Kendall  the  postmaster  General.  He  furnished  Mr.  Thomas, 
while  I  went  to  engage  a  passage  to  Smithland,  with  a  tabular  calcu- 
lation of  Electoral  votes;  having  previously  read  us  copies  of  some 
of  his  last  letters  to  our  friends  at  Washington  avowing  his  views 
and  determination;  and  submitting  matters  as  to  nomination  or  no 
nomination  to  discretion  of  his  friends  from  such  events  as  had  or 
might  occur — his  last  letters  from  them  having  been  written  before 
the  Massachusetts  nomination  had  reached  Washington. 

I  saw  Gen.  Jackson,  and  took  leave  of  him  at  1  o'clock  P.  M.  at 
Gen.  Armstrong's  where  he  had  dined.  Capt.  Wm.  Armstrong,  the 
Cherokee  Agent  West,  had  lately  informed  Gen.  A.  who  had  been  at 
the  Agency  a  week  or  two  since,  that  an  Agent  of  the  Pennsylvania 
U.  S.  bank,  was  at  the  Agency  with  seven  or  eight  hundred  thousand 
dollars  in  U.  S.  Bank  notes,  and  was  offering  them  to  Capt.  A.  as 
disbursing  agent  to  a  number  of  tribes  of  Indians,  to  be  paid  to  them 
as  annuities.  He  (Capt.  A)  had  refused  to  receive  it — it  was  offered 
as  upon  authority  of  some  disbursing  officer  of  War  Department,  and 
possibly  grew  out  of  some  arrangement  sanctioned  by  Mr.  Secretary 
Poinsett;  and  if  so,  which  Capt.  A.  did  not  credit,  it  must  be  unknown 
to  Mr.  Van  Buren.  Capt  A.  I  think  had  written  to  Mr.  Poinsett. 
Gen.  Armstrong  had  mentioned  these  facts  to  me  yesterday  evening. 
Gen.  Jackson  now  told  me  on  taking  leave  of  him,  that  he  had  heard 
of  the  matter  with  astonishment;  that  it  was  an  unjustifiable  attempt 
of  the  bank  in  its  suspended  state,  to  throw  its  depreciated  notes  in 
circulation,  not  warranted  by  law,  or  justice  to  the  Indians,  and  that 
he  had  or  would  write  forthwith  to  Col.  Benton  and  the  President, 
and  requested  me  personally,  as  from  him,  to  mention  the  matter  to 
both  of  them  as  soon  as  I  arrived  in  Washington. 

After  adjusting  some  matters  of  business,  arranging  exchanges 
etc.  left  Nashville  on  the  Excel  Steamer,  Capt.  Dasheils,  about  2  o'cl. 
P.  M.  in  company  with  Messrs.  Thomas  and  Clarke,  and  found  Messrs. 
McFerrin,  Parker,  and  Driskol,  Delegates  to  the  Baltimore  General 
Conference  of  Methodist  Church  on  board;  and  also  Mr.  Gaskill  and 
lady  of  Gallatin,  going  East  on  a  visit,  and  several  other  passengers, 
among  whom  was  Maj.  Whitlocke,  an  agent  of  Messrs.  Hicks,  Ewing 
&  Co's  Iron  Establishment,  and  a  Mr.  Charles  Adams  a  New  York 
merchant,  or  collecting  drummer,  who  was  the  most  finical  dandy  of  a 
glutton  I  had  met  with  for  many  a  day.  Without  any  particular 
accident  or  material  occurrence  we  got  to  Mouth  of  Harpeth,  at  foot 
of  the  shoals,  and  lay  by  all  night  in  a  fog. 

Thursday,  April  16,  1840. 

Made  an  early  start,  and  after  stopping  at  Clarksville,  Dover, 
Canton  (in  Trigg  Co.  Ky.)  Eddyville  in  Caldwell  Co.  Ky,  and  after 
seeing  the  residences  from  the  river,  of  Gen.  M.  Lyon,  and  Col.  C. 
Lyon  (the  former  of  whom  is  dead)  near  the  latter  place,  and  hearing 
the  Whigs  on  the  bank  at  Eddyville  lament  the  death  of  the  great 
Hugh  Lawson  White  as  a  loss  to  the*  Harrison  cause,  we  arrived  at 


48  Documents 


Smithland  about  10  o'clock  at  night — and  went  off  the  boat  at  Bled* 
Hotel  to  await  and  lookout  for  a  boat  going  up  the  Ohio.  Wrote 
ters  home  in  the  morning  to  Mrs.  L.  and  J.  W.  Ford,  and  sent  ot 
written  to  some  in  Nashville  to  post  office  in  Clarksville. 


Friday,  April  17,  1840. 

Rose  early,  hoping  for  a  boat  to  arrive.  Had  a  tolerable  breakfast; 
just  after  which  the  old  Memphis  Steamer  came  by,  passing  up  the 
Ohio.  There  being  ten  of  us  she  offered  to  take  us  to  Louisville  for 
$5  each.  She  was  old,  slow,  and  out  of  repair.  We  concluded  by 
vote,  not  to  go,  though  her  Captain  promised  to  take  us  to  Louisville 
by  Sunday  morning,  though  Capt.  Dasheils  (a  very  clever  fellow  by 
the  by)  informed  us  she  could  not  reach  that  place  before  Tuesday 
evening.  McFerrin  and  others  reported  her  "doings"  as  we  say  to 
be  wretched,  so  we  concluded  to  wait  for  the  next  Boat,  as  the 
Phillips  and  Monarch  from  St.  Louis,  bound  up  the  Ohio  were  looked 
for  in  the  course  of  the  day.  Wrote  to  Mr.  Kizer  of  my  arrival  here, 
under  cover  to  Gen.  Armstrong,  by  the  Excel,  the  Capt.  promissing  to 
deliver.  I  had  also  written  yesterday,  to  Mr.  Keeble,  from  Clarks- 
ville to  Murfreesboro,  requesting  him  or  Yoakum  to  attend  Court 
for  me  at  Murfreesboro — and  directing  him  and  Dr.  W.  R.  Rucker 
to  write  to  G.  W.  Jones,  Andrew  Ewing  or  L.  P.  Cheatham  to  attend 
at  Murfreesborough  and  make  speeches  at  such  time  as  they  should 
appoint. 

Got  off  from  Smithland,  which  is  a  most  wretched  place,  at  5 
o'clock  P.  M.  on  the  Lexington,  large  Steamer,  Capt.  Alter  of  Cin- 
cinnati, for  Cincinnati,  and  passed  Golconda  about  sunset.  At  Smith- 
land  saw  Mr.  Spence,  and  Capt.  J.  G.  Anderson,  formerly  of  Nash- 
ville, who  said  that  in  Kentucky,  many  Whig  Clay  men  had  abso- 
lutely refused  to  go  for  Harrison.  Anderson  told  me  of  several  acts 
of  anile  folly  and  ostentation  he  had  witnessed  in  Gen.  Harrison's 
private  conduct — and  that  Harrison  had  said  last  fall,  before  he  was 
nominated,  that  if  Clay  should  be  nominated  at  Harrisburg,  that  still, 
he  H.  would  run  for  the  Presidency  as  an  independent  candidate — 
that  H.  disliked  Clay  personally.  Spence,  who  lives  at  Smithland, 
the  Mouth  of  Cumberland,  which  is  in  Livingston  County,  Ky.  that 
the  Whigs  there,  had  a  few  days  before,  for  $150,  bought  up  Bell  the 
Editor  of  the  "Times"  newspaper  published  there,  and  who  had  been 
a  Democrat  Had  a  night  of  thunder,  lightning  and  rain — a  night 
when 

Clouds  obscure  the  atmosphere, 
And  forked  lightnings  rend  the  air. 

Saturday,  April  18,  1840. 

After  having  slept  well,  Thomas  and  myself  having  a  state  room, 
got  up  early,  just  as  we  were  in  sight  of  Mount  Vernon,  in  Indiana, 
having  passed  Shaunytown,  Illinois,  and  mouth  of  Wabash  in  the 
night.  Run  on  rapidly,  and  passed  Henderson,  Ky.  at  9  o'clock.  Had 
a  cloudy  cold  day,  but  made  a  good  run,  keeping  in  sight  all  day  of 
the  Swallow  which  had  passed  us  at  Smithland.  Met  many  steam  and 
flat  boats  going  down.  Had  much  conversation  with  a  New  Yorker, 
a  native  of  Maryland,  a  democrat  who  had  been  living  at  Smithland, 
and  was  going  home  by  Frankfort,  Ky.  A  Mississippian,  I  think  a 
Doctor,  and  Thomas  had  various  discussions.  Passed  Evansville,  la. 
which  seems  to  be  in  a  state  of  rapid  growth.     Learned  that  this 

?lace,  where  the  Indiana  Canal  terminates,  is  the  home  of  Mr.  Geo. 
'roffit  an  Indiana  Whig  member  of  the  present  Congress. 


Laughlin  Diaries  49 


Sunday,  April  19,  1840. 

Passed  Brandenburg,  Ky.  about  sunrise,  and  the  Mouth  of  Salt 
river  at  breakfast  time. 

Got  on  to  Louisville,  and  walked  from  Mouth  of  Canal  up  to  town 
with  Thomas  and  N  Yorker  who  lived  at  Smithland  as  appeared. 
Put  letter  in  Post  office  for  Gen.  Armstrong.  Went  to  levee  and 
found  a  crowd  of  people  preparing  to  hold  inquest  over  a  drowned 
man  who  had  just  been  discovered  floating  down  the  river. — As  soon 
as  our  boat  got  through  the  Canal,  went  on  board.  Rev.  J.  B.  Mc- 
Ferrin,  one  of  our  company,  came  on  board  and  Tho.  J.  Read,  Mr. 
McAlister  and  M.  [  ]•  Woodburn  of  Madison,  Indiana,  who  was  on 
his  way  up  home,  fifty  miles  above  Louisville.  Was  introduced  by 
Mr.  Read  to  these  gentlemen,  as  democrats,  and  especially  to  Mr. 
Woodburn,  who  is  a  Methodist,  democrat,  and  a  man  of  very  great 
influence  in  his  own  state.  Soon  left  Louisville,  and  had  long  con- 
versation with  Mr.  Woodburn.  To  satisfy  him  he  might  confide  in 
me,  and  having  assurances  from  Read  of  his  trustworthiness,  and 
finding  him  a  Polk  man,  and  full  of  intelligence,  I  talked  freely  with 
him,  told  him  my  business  to  Baltimore,  which  Read  had  informed 
him  of,  and  told  him  I  had  letter  from  Gen.  Jackson  to  Mr.  T.  L. 
Hamer  of  Ohio,  etc.  He  told  me  if  he  had  been  at  home,  and  could 
have  attended  the  Indiana  State  Convention,  that  he  believed  Polk 
would  have  been  nominated  for  V.  P.;  that  he  knew  Johnson  well, 
esteemed  him  as  a  patriot  and  soldier,  but  that  his  nomination  would 
be  a  dead  weight  on  us  in  the  next  election,  as  it  had  been  in  1836. 
In  every  respect  he  esteemed  Polk  as  the  preferable  man — in  talents, 
services  being  equal,  and  so  much  superior  in  private  character. 
Mr.  W.  is  a  commissioner  of  the  Board  of  public  Works  of  Indiana. 
He  said  he  had  no  fears  of  success  in  the  coming  election  in  Indiana. 
That  Gen.  T.  A.  Howard  the  democratic  candidate  for  Gov.  was  all- 


•it 


werful!  and  charged  me  to  present  his  respects  to  the  Gen.  at 
Washington,  and  tell  him  from  him  that  he  must  hasten  home  and 
take  the  field,  and  to  tell  Gen.  Carr,  his  own  immediate  representative 
in  Congress  the  same  thing.  Said  he  would  write  in  a  day  or  two 
by  mail  to  both  gentlemen;  and  said  that  he  earnestly  hoped  that 
Gov.  Polk  would  be  nominated — that  it  would  offset  Harrison's  popu- 
larity in  Indiana.  I  wrote  a  letter  by  Mr.  Woodburn  to  my  brother 
Clinton  at  Gregory's  Store,  Indiana,  requesting  him  to  meet  me  at 
the  boarding  house  at  lower  end  of  Louisville  Canal  as  I  return  home, 
and  to  be  there  by  9th  or  10th  of  May,  and  remain  til  I  come  on. 

Had  a  fine  passage  to  Cincinnati — or  until  retiring  hour  on  the 
night  of  this  day. 


Monday,  April  20,  1840. 

Arrived  at  Cincinnati  about  9  o'clock  in  the  morning,  and  after 
various  delays,  and  the  dem[u]rring  of  Driskol  and  Parker,  two 
preachers,  we  got  off  for  Wheeling  on  the  Steamer  Montgomery,  Capt. 

,  about  3  o'clock  P.  M.  having  left  the  two  timid  preachers — 
McFerrin  coming  on  with  us  (Thomas,  Clark  and  myself,  and  Gaskill 
and  wife,  and  Mrs.  Robertson  an  old  lady  under  McFerrin's  care) 
and  made  a  fine  run,  being  nearly  at  Portsmouth,  mouth  of  Ohio 
Canal,  at  mouth  of  Sciota,  by  daylight.  Stopt  awhile  at  Portsmouth, 
to  put  off  and  take  on  some  freight.  Heard  that  the  Rubicon  steamer 
which  had  departed  before  us  a  few  hours,  with  many  preachers  going 
to  General  Conference,  accompanied  by  Bishop  Roberts,  was  only  a 
few  hours  before  us.  Passed  Northbend,  mouth  of  Great  Miama, 
and  Gen.  Harrison's  residence  three  miles  above.     It  is  a  splendid 

•Blank  in  Ms. 


50  Documents 


residence,  and  great  Canal  from  Cincinnati  to  [  ]10  leaves  river  at 
his  place.  His  residence,  large  white  framed  house,  is  beautiful — 
finer  than  Mount  Vernon. 

Tuesday,  April  21,  1840. 

After  leaving  Portsmouth  as  stated  above,  we  run  on  all  day 
without  accident  or  incident  worth  recording — Read  Lockhart's  Life 
of  Sir  Walter  Scott,  and  passed  the  day  in  looking  at  country  seats, 
farms,  villages,  and  scenery  on  the  banks  of  the  river.  The  river  was 
evidently  becoming  narrower.  From  about  100  miles  below  Louisville, 
where  the  hills  set  in,  this  is  the  case — and  besides  we  had  passed 
so  many  rivers,  that  the  Ohio  must  now  contain  not  much  over  two 
thirds  or  perhaps  half  the  water  it  contains  at  Louisville.  Went  to 
bed  early,  and  slept  well.  In  evening,  at  Guyandot,  saw  a  Harrison 
flag  on  long  pole,  standing  on  bank  of  river  near  the  Landing. 

Wednesday,  Aprl.  22,  1840. 

In  the  morning  found  ourselves  30  miles  below  Marietta.  Passed 
Blannerhasset  Island,  rendered  immortal  in  story  by  Wirt's  Speech 
in  Burr's  trial.  It  is  two  miles  below  Parkersburg,  Va.,  at  mouth  of 
great  Canawha.  Got  to  Wheeling  about  dark  in  the  evening,  and 
engaged  passage  in  the  Pilot  line  of  stages  to  leave  for  Frederick, 
Maryland,  on  next  morning  at  7  o'clock,  and  took  lodgings  at  the 
U.  S.  Hotel.  In  the  course  of  the  day  saw  the  Harrison  flag  sus- 
pended (or  displayed)  from  a  pole  at  Parkersburg — perhaps  Guyan- 
dot, dont  precisely  remember,  but  thought  the  thing  ridiculous. 

Thursday,  Aprl.  23,  1840. 

Left  Wheeling  and  took  the  National  road  now  in  good  repair  and 
passed  on  rapidly  by  Washington,  Pennsylvania.  Found  the  neighbor- 
hood of  Wheeling  abounding  in  rich  coal  mines,  and  the  farms  in  a 
high  state  of  cultivation,  the  land  along  Wheeling  creek  being  exceed- 
ingly rich,  as  well  as  the  adjacent  hill  sides.  Travelled  on  all  day, 
and  night,  at  good  speed.  In  the  portion  of  Pennsylvania  through 
which  we  passed,  farms  were  in  high  cultivation.  After  we  entered 
the  mountain  regions,  the  trees,  except  near  branches  and  water 
courses,  were  scarcely  discoverable  to  be  putting  forth  leaves,  and 
the  apple  trees,  which  grow  to  unusual  size,  were  just  in  full  blossonru 
The  grass  and  clover,  wild  and  cultivated  however,  was  greatly  more 
forward  than  it  was  any  where  in  Middle  Tennessee  when  I  left  home. 
I  wrote  a  line  home,  enclosed  to  Mrs.  L.  through  Squire  Ford,  at 
Wheeling. 

Friday,  April  24,  1840. 

Travelled  without  intermission,  breakfasting  at  Union  Town, 
in  Fayette  County  Pennsylvania,  near  which  Mr.  Gallatin  formerly 
had  his  residence.  About  a  dozen  miles  West  of  Union  Town  we 
passed  Brownsville,  in  the  same  county,  where  we  crossed  the  Monon- 
gohala  on  a  excellent  bridge.  This  is  a  point  where  many  of  the 
Pittsburg  and  Pennsylvania  Steamboats  are  built  for  the  Western 
trade.  It  is  where  our  Capt.  Gregg  of  the  Montgomery  has  his 
home.     The  river  at  this  place  is  a  beautiful  stream,  and  steamboats 

Sass  above,  I  learn,  to  the  Virginia  line.  We  made  a  good  travel  this 
ay,  until  we  commenced  the  ascent  of  the  Mountain  proper;  we 
made  a  good  travel.  We  passed  into  Maryland  at  a  place  called  the 
Little  Crossings,  where  there  is  a  tavern.  At  Cumberland  we  saw 
delightful  scenery. 


"Blank  in  Ms. 


:      • 


Laughlin  Diaries  51 


Saturday,  April  25,  1840. 

Morning  found  us  about  25  miles  above  Hagerstown.  By  twelve, 
we  arrived  at  Frederick,  where  we  got  a  hasty  breakfast,  and  got 
into  the  Railway  cars  for  the  Relay  House,  at  the  junction  of  the 
Washington  and  Baltimore  and  Frederick  and  Baltimore  railroads, 
on  the  Patapsco,  about  four  miles  below  Ellicot's  Mills.  The  village 
at  the  pass  with  the  Banking  House,  and  other  improvements,  on 
the  heights,  the  most  picturesque  we  had  seen,  especially  the  private 
dwellings  which  were  delightful.  Got  dinner  at  Relay  House,  and  at 
3  o'clock,  or  half  past,  got  into  the  Washington  cars  as  they  passed 
from  Baltimore,  and  in  less  than  two  hours,  run  about  35  miles  to 
Washington.  Met  Col.  Williamson  Smith  at  Depot  House  in  Wash- 
ington, and  below  at  Mrs.  Owners,  met  Mr.  Grundy11  who  arranged 
for  me  to  get  a  room  at  Orchard  (a  house  of  Owner  on  the  Avenue) 
next  to  Mr.  Jamison  of  Missouri,  up  stairs,  Mr.  Turney12  and  Col. 
Boyd  of  Ky.  occupying  the  two  lower  rooms.  That  evening  was  in- 
troduced to  Dr.  Linn  of  Mo.  Judge  Young  of  Illinois,  Gen.  Robinson 
of  same,  Col.  Mouton  of  Louisiana,  Mr.  Parmenter  and  Mr.  Williams 
of  Massachusetts.  Mr.  Thomas  and  Mr.  Clarke  got  quarters  at  Mrs. 
Brawners,  next  door  to  Mrs.  Owners,  where  Mr.  Waterson13  and  others 
boarded.  Mr.  Grundy  this  evening  showed  me  the  House  from 
which  all  Whig  documents  are  circulated. 

Sunday  Aprl.  26,  1840. 

Remained  in  my  room  til  evening,  and  then  took  a  walk  with  Mr. 
Turney  to  the  Capitol  and  public  grounds.  The  grounds,  about  20 
acres,  in  a  beautiful  state  of  improvement.  Read  newspapers,  and 
Lockhart's  Life  of  Sir  Walter  Scott.  Saw  H.  C.  Williams  and 
Robert  Williams. 

Monday,  Apl.  27th,  1840. 

Went  in  the  morning  with  my  colleagues  Thomas  and  Clarke,  and 
Messrs.  Grundy  and  Waterson  to  pay  our  respects  to  the  President  at 
10  o'clock.  Found  Gov.  Isaac  Hill14  there.  The  President  received 
us  with  great  courtesy.  Before  we  left,  he  called  Mr.  Grundy  aside 
for  a  moment.  Mr.  Van  Buren  looked  "fat,  thrifty  and  well"  as  the 
song  says — that  is,  he  had  increased  greatly  in  corpulency  since  I  had 
seen  him  in  1835.  Went  to  the  Senate  with  Mr.  A.  V.  Brown,15  after 
I  had  been  introduced  into  the  privileged  part  of  the  House  by  Mr. 
Waterson.  In  Senate  Gen.  Anderson  introduced  me  to  various  Sen- 
ators as  did  Gov.  Clay.  Found  Mr.  Calhoun  quite  talkative,  very 
cheerful,  and  Col.  Benton  vastly  dignified.  Both  however  extremely 
polite  as  was  Mr.  Robert  Walker  of  Mi.  and  Col.  King  of  Alabama, 
and  Mr.  Cuthbert  of  Georgia. 

The  House  of  representatives  were  engaged  on  the  Appropriation 
Bill;  and  the  Whigs,  Proffit,  Stanley,  Waddy  Thompson,  Rice  Garland, 
etc.  were  annoying,  embarrassing  and  hindering  the  progress  of  the 
bill  in  committee  of  the  whole.  On  this  day,  Mr.  Jones,  chairman  of 
Com.  of  Ways  and  Means,  having  urged  the  passage  of  the  bill,  the 
democrats  determined  to  sit  it  out,  and  sat  from  12  oclock  to  5  oclock 
P.  M.  next  day,  hindering  Whig  debate  as  much  as  possible,  by  calls 
to  order  and  making  no  speeches.  I  remained  in  the  House  all  night, 
sitting  up  with  Blackwell,  Hubbard,  Brown,  and  other  friends  til  1 
oclock  in  the  morning  and  then  sleeping  on  a  sopha  for  an  hour,  and 

- 

uFelix  Grundy,  Senator  from  Tennessee. 

"Hopkins  L.   Turney,   Representative  from  Tennessee. 

l3Harvey  M.  Watterson,   Representative  from  Tennessee. 

14Of  New  Hampshire. 

"Representative  from  Tennessee. 


52  Documents 


than  getting  up  and  attending  to  proceedings  til  breakfast  time.  I 
never  saw  such  shameful  scenes  of  disorder  in  any  deliberative  body 
— not  in  any  public  meeting  of  citizens.  The  Bill  had  been  then  de- 
bated by  the  Whigs — or  not  the  bill  but  matters  and  things  in  gen- 
eral— for  more  than  two  weeks  to  the  total  neglect  of  all  other  busi- 
ness. The  table  of  the  House  was  loaded  with  Senates  bills  not  acted 
on,  and  the  Senate  was  in  a  situation  to  finish  the  business  of  the 
session  in  two  or  three  weeks;  while  the  House  at  its  present  rate  of 
progress  could  not  get  through  by  August.  The  expense  of  a  session 
of  Congress  is  about  [  ],a  per  day;  and  all  this  the  Whigs  were 
incurring  to  embarrass  the  government,  and  make  capital  for  Gen. 
Harrison.  In  Committee  of  the  whole  the  previous  question  cannot 
be  called — so  that  by  spinning  out  debate,  absenting  themselves,  so 
as  to  prevnt  a  quorum,  offerine  and  debating  frivolous  amendments, 
the  time  and  money  of  the  people  is  most  shamefully  wasted. 

On  this  day,  I  heard  Hubbard  of  N.  H.  and  Preston  of  S.  C. 
and  Southard  on  the  other — Tappan  of  Ohio,  helping  Hubbard  debate 
a  Bill  for  the  relief  of  Fillebrown  a  removed  clerk  in  the  Navy 
department. 

Tuesday,  April  28,  1840. 

Not  having  slept  last  night,  I  got  some  coffee  for  breakfast,  and 
lounged  about  the  House  of  Reps,  all  day.  The  same  scene  described 
in  yesterdays  journal  continued  all  day  til  the  adjournment  late  in 
the  evening.  Saw  Gen.  Anderson  and  Gov.  Clay17  about  the  business 
of  the  Baltimore  Convention.  All  were  now  agreed  that  Gov.  Polk 
could  not  be  nominated — that  Johnson  could  not  without  New  York, 
and  that  best  way,  if  possible,  was  to  make  no  nomination.  This 
matter  was  in  treaty  between  Mr.  Grundy  and  Mr.  Wright.  Talked 
with  Mr.  D.  Hubbard  and  Mr.  A.  V.  Brown  on  the  subject,  pressed 
the  matter  in  every  form.    Went  to  bed  early,  and  slept  most  soundly. 

Wednesday,  April  29. 

Wrote  to  Gov.  Polk.  Called  at  Hills  with  Mr.  Thomas  and  saw 
Gov.  Clay,  Mr.  Hubbard,  on  the  Convention  business.  Saw  Mr. 
Vanderpoel,  and  Judge  Wick  of  Indiana,  on  the  subject.  They  both 
were  in  favor  of  no  nomination,  as  was  a  Mr.  Davis  of  the  latter 
state  to  whom  I  was  introduced.  ^  Learned  that  Bean,  a  Delegate 
from  Alabama  to  Convention  was  in  the  City,  and  under  the  control 
of  Mr.  King;  and  that  Hubbard  and  Gov.  Clay  had  pressed  him  hard 
to  consent  to  no  nomination.  Heard  that  Mr.  Calhoun  had  pressed 
the  same  matter  upon  Gen.  Howard  of  Indiana,  from  Hubbard  who 
had  been  present.  Had  a  conversation  with  Mr.  Jamison  of  Missouri 
on  the  subject  on  our  way  to  the  capitol.  He  agreed  with  me  that  it 
was  best  to  make  no  nomination;  leaving  states  and  people  free,  as 
this  course  would  ensure  us  the  Vice  President  at  all  events  if  Mr. 
Van  Buren  should  be  re-elected;  and  that  whichever  of  the  democratic 
candidates  was  highest  on  the  list,  would  be  elected  by  the  Senate — 
and  this  would  strengthen  our  party  in  the  contest  for  the  Presidency 
and  leave  Tennessee  and  Alabama  unincumbered  with  Col  John- 
son's name. 

In  the  evening  understood  at  supper  that  Gov.  Carroll1*  had 
arrived.  Saw  Thomas,  Smith  and  Clarke  as  they  and  Waterson  re- 
turned from  calling  on  him  at  Gadsby's.  Gen.  DeGraffenreid  of  Mis- 
sissippi, a  delegate  to  the  Convention,  and  Mr.  Rogers  and  Mr.  Dorch 
of  our  Delegation  were  also  in  town,  and  came  with  Gen.  Carroll. 


"Blank  in   Ms. 

,TC.  C.  Clav.  of  Alabama. 

"William    Carroll,   of  Tennessee. 


Laughlin  Diaries  53 


Thursday,  Apl.  30,  1840. 

After  breakfast,  went  with  Mr.  Grundy  and  Mr.  Turney  to  see 
Gen.  Carroll.  Found  him  well,  and  going  to  the  President's.  Came 
to  my  room,  and  went  with  Col.  Boyd  and  Mr.  Turney  to  the 
Patent  office.  Met  Dr.  Charles  Douglas,  now  a  clerk  in  that  office. 
Found  that  he  is  an  old  acquaintance  of  Col.  J.  G.  Harris,  Editor 
of  the  Nashville  Union,  and  determined  to  get  a  statement  from 
him  as  to  Harris*  anti-abolition  course,  he  being  clear  that  Harris 
never  was  an  abolitionist.  Examined  various  new  caracatures  at  a 
shop  on  the  avenue,  and  a  log  cabin,  of  the  size  of  a  Martin-box,  set 
upon  a  block,  fronting  a  shop  door  on  the  Avenue — By  the  Avenue, 
I  always  mean  Pennsylvania  Avenue,  as  Owner's  where  I  board  is 
on  it — and  as  it  is  the  highway  from  Capitol  to  the  President's 
House. 

Friday,  May  1,  1840. 

Went  early  in  the  morning  to  Gadsby's  and  saw  Gov.  Carroll. 
Found  him,  Mr.  Dortch  and  Mr.  Rogers.  Accounts  from  Tennessee 
tolerably  favorable.  In  the  course  of  the  day  talked  with  Mr. 
Jamison  of  Missouri,  who  seemed  favorably  disposed  to  making  no 
nomination.  There  was  a  May  ball  in  the  evening,  but  did  not  go 
to  it.  Mrs.  Young  and  Mrs.  Linn  spoke  in  high  terms  of  the  amuse- 
ments. The  Russian  Minister  was  at  it,  but  his  young  American 
wife,  just  married,  was  not  there.1*  Wrote  home  and  heard  various 
debates  in  House  on  the  appropriation  Bill.  J.  W.  Jones  Chairman 
of  the  Committee  of  Ways  and  Means  is  an  able  and  accomplished 
man.  Heard  Rice  Garland  of  La.  Proffitt  of  Indiana,  Waddy  Thomp- 
son of  S.  C.  Gen.  McKay  of  N.  C.  Stanley,  of  N.  C.  Graves  of  Ky. 
Cushing  of  Mass.  Briggs  of  same,  and  A.  Smith  of  Maine.  The 
most  worthless  and  profligate  opposition,  I  am  sure,  and  the  least 
regardless  of  decency,  is  the  set  of  noisy  drivillers,  [sic]  who  are 
now  annoying  the  House,  and  trying  to  delay  the  passage  of  the  ap- 
propriation Bill.  The  Senate  is  nearly  through  the  business  of  the 
Session,  and  can  get  through  in  some  three  weeks,  if  the  House 
would  only  hasten  the  business,  and  especially  the  money  bills  which 
must  originate  in  that  branch  of  Congress. 

Saturday,  May  2,  1840. 

Some  of  our  friends  talked  of  setting  off  to  Baltimore  to  be  ready 
for  the  convention  and  to  be  in  time  to  get  lodgings,  and  see  the 
parade  of  the  Whig  convention  on  Monday  the  4th.  I  concluded  not 
to  go  however  before  Monday,  and  then  go  by  the  9  o'clock  carz  [sic']. 
On  this  evening  after  a  great  deal  of  debate,  the  general  appropria- 
tion bill,  including  civil  list,  diplomatic,  naval  and  military  estimates, 
passed  the  House.  I  understood  after  it  passed,  that  Mr.  Wright 
would  insist  on  taking  it  up  and  passing  it  in  Senate  on  Monday. 
This  was  contrary  to  my  previous  understanding  that  he  would  go 
to  Baltimore,  or  neighborhood  on  Monday  to  confer  with  New  York 
delegation  in  relation  to  the  nomination^  of  a  candidate  for  the  Vice 
Presidency,  to  which  he  was  opposed,  being  the  confidential  friend 
and  adviser  of  the  President. 

Sunday,  May  3,  1840. 

Went  with  Waterson,  Clark,  Thomas,  and  Smith  to  Alexandria  in 
the  steamer  [  ]20  and  dined  there  at  a  chop  house.  Came  back  in  the 
evening.  Mr.  Grundy  went  early  this  morning  to  Baltimore,  having 
engaged  quarters  at  Barnum's,  and  having  to  hold  private  confer- 

19The  Baron  Bodisco,  who  married  Miss  Harriet  Williams,  of  Georgetown. 
^Blank  in  Ms. 


54  Documents 


ences  with  Gen.  Dix  of  the  New  York  delegation  and  others.  Noth- 
ing new  to-day.  Saw  Gen.  Anderson  and  Gov.  Clay  in  the  evening. 
Anderson  thought  no  nomination  would  be  made. 

Monday,  May  4,  1840. 

Paid  off  my  bill,  and  packed  up  early  to  leave  for  Baltimore  by 
the  9  o  clock  cars.  Went  to  Globe  office  with  Mr.  Turney,  to  get 
documents,  and  met  Mr.  Bynum,  who  was  complaining  of  the  shame- 
less course  of  the  opposition.  Got  in  the  Railcars  and  went  up  to 
Baltimore.  Met  Mr.  Crozier  of  our  delegation  at  Depot,  and  was 
informed  that  lodgings  had  been  prepared  for  us  at  Mrs.  Davis1, 
near  Barnums,  where  the  New  York  and  Alabama  delegations  were 
quartered.  Went  there,  and  found  ourselves  crowded  exceedingly, 
and  expecting  to  sleep  on  matresses.  FoundGov.  Clay,  Mr.  Sydney 
Moore,  (son  of  Dr.  Alfred  Moore)  and  Maj.  Jesse  Bean,  and  Mr. 
Hubbard  the  Alabama  Delegation.  Clajr  and  Hubbard  were  opposed 
to  a  nomination.  Moore  who  representing  [sic]  the  feelings  of  his 
uncle,  Dr.  David  Moore,  the  enemy  of  Gov.  Clay,  was  for  a  nom- 
ination, as  was  Bean  who  was  Senator  Kings  immediate  friend.  It 
was  evident  that  Buchanan  of  Pa.  and  King  of  Al.  were  disposed  to 
have  Johnson  nominated,  right  or  wrong,  and  Moore  from  his  dislike 
of  Gov.  Clay,  and  Bean  from  his  subserviency  to  Col.  King,  were 
disposed  to  aid  in  the  cause.  Mr.  Buchanan  from  hostility  to  Gov. 
Polk's  future  prospects  had  allied  himself  to  King,  and  by  con- 
trivance, their  friends  were  trying  first  to  effect  a  compromise  with 
the  friends  of  Johnson  and  Polk  and  thereby  get  King  nominated 
upon  the  half-way-house  principle;  but  if  they  could  not  get  this 
done,  they  united  and  were  to  unite  with  Johnson's  friends  and  press 
for  a  nomination.  On  this  day,  on  the  pavement  near  Barnums,  Mr. 
Moore  of  the  Alabama  delegation  made  a  proposition,  problematical 
in  its  form,  to  adopt  this  course  of  compromise  upon  King.  I  assured 
him  that  I  did  not  believe  it  could  be  done,  and  mentioned  states 
that  would  not  agree  to  it.  I[t]  seemed  to  me,  that  this  policy,  which 
was  understood  to  be  the  course  dictated  by  Mr.  Buchanan,  and  of 
forcing  a  nomination  on  its  failure,  which  must  have  resulted  in  the 
choice  (by  the  states  present)  in  the  nomination  of  Johnson  by  a 
lean  plurality  vote  of  the  party,  was  most  unwise  in  Mr.  Buchanan. 
By  taking  up  Johnson,  and  [sic]  the  Pennsylvania  Convention  had 
done  at  his  imputed  instance,  and  forcing  him  upon  the  West  and 
Southwest,  where  he  would  be  a  deadweight  to  our  party,  would  be 
a  perfect  throwing  away  of  all  possible  prospective  claims  of  Mr. 
Buchanan  to  the  Presidency.  The  course  would  displease  his  friends 
in  that  quarter,  the  only  portion  of  the  West  where  he  could  hope 
for  aid  against  the  rival  claims  of  Col.  Benton.  By  pressing  Johnson, 
Mr.  Buchanan  might  make  personal  friends  in  the  North  West,  but 
all  the  States  in  that  direction  are  and  will  be  devoted  to  Col.  Benton 
for  the  future  Presidency,  so  that,  while  Col.  Benton  lives,  Mr. 
Buchanan  can  never  supplant  him  in  the  N.  W. 

During  the  afternoon,  I  went  with  Mr.  Carroll21  one  of  the  Mary- 
land delegation  in  Congress,  representing  the  City  and  County  of 
Baltimore,  and  Mr.  Waterson,  and  took  a  stand  where  we  coula  see 
the  whole  procession  of  the  Whigs  with  their  Banners,  and  log  cabins 
drawn  on  wagons,  as  they  passed  through  Monument  Square.  The 
parade  was  ridiculous  in  the  extreme.  Caleb  Norvell  and  Mr.  Humes 
of  Knox,  and  three  or  four  other  persons  whom  I  did  not  know,  with 
a  bag  in  mourning  inscribed  to  H.  L.  White,  represented  Tennessee 
in  a  little  platoon  in  the  procession.     On  one  of  the  Maryland  flags 

"James  Carroll,  of  Baltimore. 


Laughlin  Diaries  55 


was  inscribed  "Tip,  Tyler  and  Tariff,"  the  strangest  set  of  incon- 
sistent allusions,  that  ever  met  or  was  devised  by  folly.  The  Balti- 
more Patriot  of  the  next  morning  in  a  detailed  account  of  the  pro- 
ceedings, being  the  boldest  of  the  federal  papers,  published  this 
motto  truly,  but  Duff  Green's  paper,  The  Pilot,  published  in  the  city 
at  the  same  time,  and  the  Baltimore  American  suppressed  it,  although 
they  professed  to  give  all  the  mottos  and  devices  of  the  flags  truly 
and  at  length.  The  number  of  little  cabins,  built  of  poles,  not  by 
those  who  had  them  hauled  through  the  streets,  and  marched  in  the 
array,  for  they  were  young  and  old  aristocrats — lean,  long  waisted 
dandies, — loafers  of  all  sorts  of  ages,  and  real  silk-glove  gentry  who 
knew  no  more  how  to  build  one  of  these  cabins,  tho'  not  bigger  than 
pig  pens,  than  they  did  how  to  square  a  circle,  or  interpret  Ezekiel's 

{>rophesies;  but  they  were  built  and  constructed,  and  hauled  about  by 
aboring  men  whom  they*  despise  at  heart,  and  who  despise  them, 
but  now  worked  for  hire  for  these  rich  gentry.  A  noisy  fellow,  a 
Whig  named  Laughlin,  who  was  a  Marshall  in  the  procession,  had 
attempted  to  drive  some  man  out  of  his  path,  who  was  looking  upon 
the  parade  with  the  disgust  which  was  common  to  all  sober  minded 
men,  and  for  his  insolence  had  been  struck  with  a  cane  or  some  sim- 
ilar weapon  across  the  back  of  the  head  and  was  killed.  The  Whig 
delegation  from  Massachusetts,  it  was  said,  instantly  made  up  a 
thousand  dollars  for  his  widow.  I  saw  Mr.  Carroll  meet  great  num- 
bers of  his  constituents  on  the  side  walks  and  they  said  to  him  to  a 
man,  that  the  whole  folly  of  the  parade  was  strengthening  the 
democratic  cause  hourly.  All  the  business  people  of  Baltimore,  except 
some  rabid  bank  merchants  and  clerks,  and  others  of  the  same  sort, 
were  quietly  pursuing  their  everyday  business. 

The  following  outline  of  doings  of  the  Convention  is  copied  from 
my  files  of  papers.  Among  my  pamphlets  is  the  proceedings  in 
pamphlet  form.  Among  my  newspaper  files,  are  files  of  the  Whig 
and  democratic  papers  of  Baltimore  (Daily)  during  both  Conventions 
and  containing  their  proceedings  at  length.22 


[ii] 

Journal  and  Memorandums  and  Reminiscences,  made  dur- 
ing  the  1st  Session  of  the  25th  General  Assembly  of  Tennessee, 
which  met  at  Nashville  on  Monday,  Oct.  2nd,  1843. 

At  the  General  Election  of  this  year  I  had  been  elected  to 
the  State  Senate  from  the  10th  District,  composed  of  the  Coun- 
ties of  Warren,  Cannon,  Coffee  and  DeKalb. 

* 

Wednesday,  Sept.  27,  1843. 

On  this  day  I  left  my  residence  at  Hickory  Hill,  Warren  County, 
on  horseback,  accompanied  by  Master  David  Batey,  and  servant 
Anthony,  the  latter  riding  in  a  carryall,  carrying  my  trunks,  for 
Nashville,  to  attend  the  session  of  the  General  Assembly  which  was 
to  meet  on  the  2nd  day  of  October.  Came  to  Mr.  Batey's  on  Cripple 
Creek,  Rutherford,  and  stayed  all  night.  Came  through  McMinnville, 
and  fell  in  with  Mr.  Joshua  Harrison  going  to  Nashville  and  trav- 
elled with  him.  Left  Miss  Batey  at  my  daughter  Smartt's.  The 
horses  I  and  David  rode  were  Mr.  Batey's.  Left  my  mother  at  home 
very  ill,  she  having  been  confined  from  the  Friday  previous  to  my 
leaving.     .     .     .     She  was  in  (I  believe)  her  70th  year,  and  had  not 

^Here  the  Diary  breaks  off. 


56  Documents 


walked  or  stood  alone,  being  crippled  by  rheumatism,  for  nearly 
twelve  years.  In  fact  she  had  been  able  to  move  but  little  on  her  feet 
since  she  came  to  live  with  me  on  Stone's  river,  wher  I  had  her  and 
my  father  removed  from  Washington  County,  Va.,  in  October,  1829. 
I  left  my  father  and  daughter  Mary  with  her,  and  Dr.  Smartt  under 

Sromise  to  attend  her  daily.  I  left  my  boys  John  James  and  Andrew 
ackson  going  to  school  to  John  L.  Byars,  my  son  Sam  Houston 
having  gone  to  live  with  Mr.  Kizer,  the  husband  of  my  daughter 
Ellen,  some  time  about  the  1st  of  August  last.  Mary  and  Dr.  Smartt, 
both  promised  to  keep  me  constantly  advised  by  letter  of  the  condition 
of  my  mother.  I  left  home  with  great  reluctance,  compelled  alone 
by  a  sense  of  public  duty,  and  being  advised  and  urged  to  do  so  by 
my  friends,  on  account  of  the  great  interest  they  felt,  in  common  with 
all  my  constituents,  in  the  question  of  locating  the  seat  of  the  state 
government,23  which  by  the  constitution  of  the  state,  was  required  to 
be  done  permanently  in  the  first  week  of  the  approaching  Session. 
It  was  to  be  done  by  the  Assembly.  I  came  from  home  and  travelled 
in  a  state  of  low  spirits  and  melancholly,  being  deeply  anxious  about 
my  mother,  and  my  domestic  matters,  confided  at  home,  of  necessity, 
too  much  to  servants. 

Thursday,  Sept.  28th. 

Left  Mr.  Batey's  after  early  breakfast,  and  rode  with  Anthony 
and  Mr.  Harrison,  alternately,  in  Carryall,  the  horse  I  rode  day  be- 
fore being  Mr.  Batey's.     Came  through  Murfreesboro  without  stop- 

ing,  except  in  the  street  while  I  sent  Anthony  for  plug  of  tobacco. 

aw  Col.  E.  A.  Keeble  a  moment  in  the  street  who  informed  me,  that 
he  was  not  coming  down  to  Nashville — having  nothing  to  hope  for  the 
democracy — that  Sneed  the  Senator,  and  Burrus,  and  Richardson  the 
members  of  the  House  from  the  County  had  gone  to  Nashville. — I 
found  persons  at  the  first  turnpike  gate  in  Rutherford,  all  agog  about 
seat  of  Government.  Got  some  dinner  at  TrepparcTs  on  the  roade, 
[sic]  and  arrived  at  Nashville,  at  Mr.  Kizer's  Market  Street,  a  little 
after  dark.  Found  Mr.  K.  absent  at  Baltimore,  but  Ellen  and  son 
Houston,  well.  Slept  well  and  soon  (a  thing  unusual)  after  going  to 
bed,  having  read  myself  to  sleep  in  the  "New  York  Albion." 

Friday,  Sept.  29,  1843. 

Got  up  refreshed,  and  as  soon  as  I  went  out,  was  beset  by  host  of 
candidates — candidates  for  all  the  little  offices  of  Clerks  and  Door- 
keepers in  the  gift  of  the  Assembly.  There  are  only  about  8  offices, 
and  there  are  already  nearly  a  hundred  candidates  on  the  ground. 
Saw  Jas  Armstrong  who  is  a  candidate  for  Assistant  Clerk  in  Sen- 
ate, and  Joe  Argo  who  is  candidate  for  doorkeeper,  and  Thos.  H. 
Hopkins  who    [is]    candidate  for  Atto.   Genl.  or  anything,  all  from 

KThe  establishment  of  a  fixed  capital  for  Tennessee  was  a  matter  of  long  dispute, 
which  illustrates  excellently  the  sectional  and  party  jealousies  which  characterized 
this  and  other  American  commonwealths.  The  Tennessee  Constitution  of  1796  (Article 
X,  Section  i)  fixed  the  seat  of  government  at  Knoxville,  in  East  Tennessee,  until 
1802.  The  Assembly  continued  to  meet  in  Knoxville  until  1807,  when  the  session 
began  in  Kingston,  a  few  miles  to  the  west  of  Knoxville,  but  was  ad- 
journed to  Knoxville.  The  sessions  continued  to  be  held  in  Knoxville  through 
181 1.  'The  next  year  a  called  session  was  held  in  Nashville,  in  the  western  (now  the 
central)  part  of  the  state.  This  led  to  further  sessions  in  Nashville^  until  1817,  in 
which  year  Knoxville  was  again  chosen.  But  the  East  had  lost  its  grip,  and  in  18 19 
the  Assembly  met  in  Murfreesboro,  a  town  which  was  in  the  same  general  region  as 
Nashville  and  which  continued  as  the  meeting  place  of  the  Assembly  until  1826,  when 
another  called  session  met  in  Nashville.  Nashville  continued  thereafter  to  be  chosen, 
but,  through  the  jealousy  of  the  other  sections,  without  any  guarantee  of  permanence. 
^  As  Laughlin  states,  the  Constitution  adopted  in  1834  (schedule,  Section  2)  re- 
quired the  first  Legislature  to  meet  after  the  next  enumeration  by  census, — which 
would  be  made  in  1843, — to  fix,  within  the  first  week  of  its  session,  a  seat  of  gov- 
ernment. 


Laughlin  Diaries  57 


McMinnville,  my  county  town,  and  Maj.  Grant,  and  Mr.  Sherrel  who 
are  candidates  for  Doorkeeper  from  Coffee.  Told  them  all  as  well 
as  Hodenpyl,  and  Thomas  from  Bledsoe,  that  I  thought  chances  bad. 
The  two  last  wish  to  be  Doorkeeprs  to  Senate.  Find  it  bad  policy  to 
be  incumbered  with  candidates  from  your  own  district.  It  has  a 
tendency  to  place  you  in  position  to  incur  obligations  on  yourself  to 
others  for  support,  when  the  true  policy  of  a  member  who  has  a 
favorite  local  object  to  carry,  is  to  be  in  a  position  to  get  other 
members  under  obligations  to  him.  Saw  Maj.  J.  A.  Lane  who  is  a 
candidate  for  re-election  as  Pr.2*  Clerk  to  the  Senate,  and  Mr.  E. 
Rawlings  who  is  a  candidate  for  Asst.  C.  Senate,  and  advised  them 
to  visit  Whig  Senators  together.  Saw  Sevier,  and  other  Whig  Sen- 
ators, and  real  Albion,  and  made  notes  in  my  Index  Rerum,  from 
2  Vol.  of  Life  of  Sir  Jas.  Mackintosh,  from  marks  I  had  made  in 
margin  of  that  book,  which  I  had  left  at  Brandon's  when  going  home 
from  Mr.  Batey's,  in  company  with  Martha  and  David,  about  ten 
days  ago.  Wrote  part  of  a  letter  to  my  father  in  the  evening,  pre- 
paratory [to]  sending  Anthony  home  on  tomorrow  morning.  Heard 
that  Marshall  Bertrand  had  gone  up  to-day  to  the  Herittage,  [sic]2* 
the  Marshall  having  arrived  the  night  before  from  St.  Louis.  This 
is  the  favorite  old  General  of  Napoleon  who  closed  his  eyes.  Intend, 
if  I  can,  to  see  him  when  he  returns  to  town.  Went  to  bed  early  and 
read  in  bed  in  the  28th  No.  of  the  American  Qr.  Review. 

Saturday,  Sept.  30,  1843. 

Got  up  well,  and  attended  by  Anthony,  went  to  market  to  buy 
bacon,  but  could  fine  none  but  hams  at  6%  cents  per  lb.  Did  not  buy. 
It  rained  nearly  all  day.  Got  Carryall  mended,  but  as  it  rained  so 
much,  and  the  roads  would  be  so  bad,  put  off  Anthony's  starting  home 
til  Monday  morning,  when  I  expected  to  procure  bacon. — Saw  Maj. 
Trott  of  Cannon.  In  good  spirits  about  getting  seat  of  Govt,  removed 
from  Nashville.  Saw  Ledbetter  of  Rutherford,  member  of  Senate 
last  year,  who  apologized  and  explained  the  cause  of  his  writing  to 
Ramsey  my  competitor  in  the  last  election.  Said  R.  wrote  to  him 
twice  before  he  would  write — that  when  he  did  write,  it  was  a  private 
letter,  not  intended  to  be  read  in  public,  and  only  referred  Mr.  Ramsey 
to  the  journals  where  I  had  voted  in  1830-40,  [sic~\  and  1841-2  on 
the  Seat  of  Government,  Senatorial  Election,  and  other  party  ques- 
tions, and  asured  me  that  he  never  could  have  written  what  was 
untrue,  that  in  1840  I  changed  my  vote  on  the  Seat  of  Government 
Question,  when  Colo.  Yoakum  was  the  Senator  from  Rutherford.  I 
told  him  and  Dr.  Richardson  and  Mr.  Burrus,  the  representatives 
from  Rutherford  in  the  Senate  Chamber,  that  if  the  Democrats  had 
elected  a  majority  to  the  present  Assembly  in  both  Houses,  that  we 
would  have  hoisted  up  and  removed  the  seat  of  Government  from 
Nashville,  as  certainly  as  easily,  as  Archimides  hoisted  up  the 
Roman  ships  at  the  siege  of  Syracuse.  That  now  if  the  removers 
hoped  to  do  anything  they  must  bring  Whig  help. 

Called  at  Gen.  Armstrong's  in  the  evening.  Found  him  out  at 
Judge  Catron's  visiting  Count  Bertrand  and  Gen.  E.  P.  Gaines.26  Saw 
Dr.  Young  in  course  of  the  day;  and  afterwards,  as  I  had  done 
before,  before  I  came  here,  and  ever  since,  contradicted  the  charge 

24Principal. 

25The  Hermitage  was  the  resort  of  many  foreigners  of  distinction  who  traveled 
in   the  West. 

^John  Catron,  appointed  by  Jackson  Associate  Justice  of  the  Supreme  Court  of 
the  United  States,  was  one  of  the  inner  circle  of  the  Jackson  leaders.  Edmund 
Pendleton  Gaines,  Brigadier  General  in  the  U.  S.  A.,  was  at  this  time  in  command 
of  the  Western  Division  of  the  Army. 


.  • 


58  Documents 


that  he  had  voted  the  Whig  ticket  at  the  late  election.  The  Dr. 
is  a  candidate  for  re-election  as  Secretary  of  State. — In  the  course 
of  the  day  I  received  a  letter  dated  the  22nd  of  Sept.  1843,  from 
my  good  friend  and  cousin  Thomas  Laughlin,  of  Philadelphia,  Mon- 
roe Co.  Tenn.  informing  me  that  he  is  well,  had  received  a  letter 
from  me  at  Pikeville,  and  that  his  old  father  and  mother  were  in 
good  health,  in  Whitley  Co.  Ky  in  May  last.  Informs  me  that  his 
eldest  daughter  is  a  widow,  Jos.  Gilles  a  Senator  etc.  and  recom- 
mends Matthew  Nelson  as  a  candidate  for  State  Treasurer.  I  shall 
vote  for  Miller  Francis  the  incumbent.  Wrote  more  in  my  letter  to 
father — bought  Cooper's  Hutted  Hill,  and  read  in  Miss  Frederica 
Bremer's  "Neighbors"  till  I  went  to  sleep.  .  .  .  Dudley  Woodward 
sleeps  with  me — Houston  in  adjoining  room — Harry  on  the  floor. 

Sunday,  Oct.  1,  1843. 

.  .  .  Visited  Gardner  and  Powell.  Saw  Judge  Miller,  Nichol- 
son,27 Trott,  and  Gen.  Smartt,  and  Morford.  Miller,  G.  W.  Jones 
(now  here)  and  others,  thought  it  advisable  to  try  to  make  a  ticket 
for  Senators  in  Congress,  of  A.  R.  Alexander  of  the  West,  and  Joe 
Williams  of  the  East,  as  the  best  way  to  beat  Foster,*  and  that  mak- 
ing Alexander  Speaker,  would  be  a  good  step  towards  it.  Trott 
doubted  whether  it  would  not  be  wrong  to  make  him  Speaker — he  told 
me,  that  Ready  had  informed  him  in  secret,  that  the  Rutherford  Dele- 
gation would  give  up  Foster  to  get  votes  for  the  removal  of  the  seat 
of  Government.  Powell,  at  his  room,  told  me  that  he  thought  Wil- 
liams and  Alexander  the  men  to  beat  the  Nashville  Regency2*  with, 
as  they  were  Whigs,  and  could  each  bring  three  Whigs  with  him. 
I  saw  Gen.  Smartt  on  the  square  and  told  him  that  we,  who  wished 
to  affect  [sic]  a  removal  of  the  Seat  of  Government  were  embar- 
rassed by  having  candidates  dependant  [sic\  on  us  for  support — that 
it  weakened  us — that  Democracy  were  in  minority,  and  could  elect  no 
one — that  to  incur  obligations  in  trying  to  get  our  candidates  on, 
we  were  doing  harm  to  our  cause — that  months  hence  was  soon 
enough  for  Mr.  Hopkins  to  become  candidate  for  Att.  Genl.  and  that 
I  would  do  anything  I  could  for  him  or  Armstrong,  but  that  they 
were  a  drawback  on  us  now.  He  said  he  would  talk  to  Mr|  Rowan 
about  it  when  he  should  arrive,  and  that  he  agreed  with  me  in  opinion. 
I  told  him  of  plan  to  run  Alexander  and  Williams  for  Senators,  and 
he  approved  of  it  and  said  he  would  talk  to  Alexander  about  Seat  of 
Government;  but  I  told  him  not  to  mention  subject  of  Senators — 
that  Judge  Austin  Miller  on  our  part,  and  Trice  a  Whig  from  Mc- 
Nairy  Co.  were  the  only  persons  who  would  approach  Alexander  on 
that  subject.    That  the  matter  was  a  profound  secret. 

Went  home  and  read  Miss  Frederica  Bremer's  Neighbors,  and 
wrote  up  this  Journal.  In  the  afternoon,  felt  so  low  spirited  and 
unwell,  and  so  much  want  of  nervous  excitement,  I  made  Laura, 
Ellen's  girl,  make  me  a  strong  cup  of  coffee.  It  did  me  good. 
I  dined  with  Mr.  Rawlings  and  Cousin  Jane,  and  a  Mr.  Davis  of 
Mississippy,  who  had  spent  the  summer  at  the  Harrodsburg  Springs, 
Kentucky. 

In  the  afternoon  rode  out  in  carriage  with  Houston  and  Dudley 
Woodward   on   Franklin   Turnpike   beyond   Westwood,   the   residence 


^A.  O.  P.  Nicholson,  of  Columbia,  appointed  United  States  Senator  by  Polk  to 
fill  the  unexpired  term  of  Felix  Grundy,  who  died  December   19,    1840. 

^Ephraim  H.  Foster,  Bell's  rival  for  the  leadership  of  the  Whigs.  Foster  and 
Spencer  Jarnigan  had  been  the  leading  Whig  candidates  to  fill  the  Senatorship  in 
1841-1842. 

"The  group  of  Whig  leaders  at  Nashville.  Jealousy  of  the  influence  of  Nash- 
ville is  found  much  earlier.     Cf.  Polk  Johnson  Letters,  p.  212. 


Laughlin  Diaries  59 


of  the  late  Robert  Woods  the  banker.  Returned  by  my  old  residence 
in  South  Field,  where  I  had  lived  from  March  1832  to  July  or  June, 
1837,  and  which  I  sold  to  Park  and  Erskine — and  by  Sulphur  Springs 
home.  Took  up  Maj.  Loving  at  the  Port  Hill  going  to  Spring,  and 
all  took  hearty  drink  of  the  water.  .  •  .  The  country  about 
Westwood  and  Waverly  greatly  improved  since  I  saw  it  last,  seven 
years  ago.  Saw  in  the  suburbs  of  the  town,  negroes  and  white 
persons,  men  and  boys,  engaged  in  all  kinds  of  idle  sports,  playing 
marbles,  etc.  and  beyond  Sulphur  Springs  in  a  lot,  near  Mr.  Kizer's 
place  called  Economy,  saw  a  set  of  men  and  boys  in  a  lot,  engaged  in 
a  regular  boxing  match,  with  a  ring  formed.  Such  things  do  not 
take  place  in  our  country  villages — McMinnville  would  be  disgraced 
by  such  scenes.  Saw  a  great  many  people  riding  out  in  carriages. 
Nashville  is  an  extravagant  place.  We  passed  by  McEwen's  splendid 
establishment  in  the  South  Field.  He  is  the  man,  who,  as  Super- 
intendent of  Public  Instruction  robbed  the  Common  School  Fund  of 
upwards  of  $100,000,  and  was  detected,  and  not  re-elected,  in  1839-40. 
Hq  is  now  contending  at  law  in  the  Supreme  Court  against  the  re- 
covery of  the  money  abstracted  from  him  and  securities,  O.  B.  Hayes 
being  one  of  them.30 — In  our  ride  I  pointed  out  to  Mr.  Woodward 
and  Houston  where  the  recruits  and  troops  were  stationed  in  canton- 
ment during  the  last  war,  where  I  spent  several  social  evenings  with 
Maj.  Peacock  in  1814.  It  is  beyond  and  near  Westwood  in  a  Hill  on 
the  east  side  of  the  road,  near  a  Spring  three  miles  from  the  Public 
Square  in  town.  Those  were  boyish  and  happy  days — I  was  then 
18  or  twenty  rather  in  constitution — having  been  born  Washington 
County,  Virginia,  May  1,  1796. — How  time  passes.  My  visits  to 
Nashville  in  1813-14,  and  an  attack  of  fever  I  had  in  the  latter  year, 
in  which  I  was  attended  by  the  late  Dr.  Newnan,  seem  as  of  yester- 
day! How  short  is  the  journey  of  life  from  infancy  to  old  age! 
While  in  our  teens,  life  seems,  like  time,  to  pass  too  slow.  Although 
the  journey,  when  we  have  passed  the  meridian  seems  to  have  been 
short,  yet  how  many  evils,  disappointments,  and  changes  we  have  to 
pass  through,  and  how  various  the  roads  by  which  different  individ- 
uals pass  it.     No  two  travel  precisely  the  same  path. 

Saw  Gov.  Carroll  after  supper  and  a  number  of  friends  visited 
him.  Not  enough  in  number,  however,  to  go  into  a  caucus  consulta- 
tion. Learned  from  Maj.  Trott  that  Col.  A.  R.  Alexander  of  Shelby 
was  unwilling  to  be  taken  up  and  voted  for  by  the  Democrats  of  the 
House  as  Speaker.  It  was  understood  to-day,  that  the  Whigs  in 
Caucus  last  night,  had  selected  Baringer  of  Bedford  as  their  candi- 
date for  Speaker  of  the  House.  The  parties  in  the  Assembly  stand — 
in  the  House,  40  Whigs,  35  democrats;  in  Senate,  14  Whigs,  11  dem- 
ocrats. One  of  each  party  it  is  expected  will  be  absent  at  meeting 
tomorrow. — Marr  of  Obion,  dem.  and  Carson  of  Jefferson,  Whig. 

Went  to  bed,  and  read  myself  to  sleep  in  Miss  Frederica  Bremer's 
Neighbors,  translated  by  Mary  Howitt,  the  quakeress. 

Monday,  Oct.  2,  1843. 

At  an  early  hour,  about  9  o'clock  A.  M.  the  Senators  began  to 
assemble  in  the  Senate  Chamber,  and  at  about  10  oclk.  were  called  to 
order — Gen.  Cocke  in  the  chair.  All  the  members  were  in  attendance 
as  follows: 

N.  H.  Allen  of  Montgomery,  Whig;  Josiah  M.  Anderson  of  Ma- 
rion, Whig;  H.  Bradbury  of  Henderson,  Whig;  J.  Cocke  of  Grainger, 
Whig;  P.  Critz  of  Hawkins,  Democrat;  W.  Cullom  of  Smith,  Whig; 
W.  J.  Davis  of  Marshall,  Democrat;  J.  F.  Farrington  of  Shelby, 
Whig;  J.  A.  Gardner  of  Weakley,  Democrat;  B.  Gordon  of  Hickman, 

MA   partisan   statement   of   a   matter   which,   whatever   the   facts,    was   strongly   col- 
ored by  party  feeling. 


I 


GO  Documents 


Democrat;  J.  W.  Harris  of  Tipton,  Whig;  J.  F.  Henry  of  Blount,  — ; 
T.  R.  Jennings  of  Davidson,  Whig;  S.  H.  Laughlin  of  Warren, 
Democrat;  W.  L.  Martin  of  Wilson,  Whig;  J.  R.  Nelson  of  Knox, 
Whig;  A.  O.  P.  Nicholson  of  Maury,  Democrat;  R.  W.  Powell  of 
Carter,  Democrat:  J.  Ross  of  Anderson,  Whig;  W.  T.  Ross  of  Lin- 
coln, Democrat;  V.  Sevier  of  Carroll,  Whig;  W.  H.  Sneed  of  Ruther- 
ford, Whig;  G.  W.  Torbitt  of  Monroe,  Democrat;  S.  Turney  of  White, 
Democrat;  and  Jac.  Voorhies  of  Dickson,  Democrat. 

Mr.  Anderson  of  Marion  was  elected  Speaker,  being  nominated 
by  Mr.  Nelson.  Mr.  Ross  of  L.  put  Mr.  Nicholson  in  nomination,  and 
he  was  voted  for  by  the  Democrats. 

Mr.  John  Cocke,  Jr.,  grandson  of  Gen.  J.  Cocke  the  Senator,  was 
elected  principal  clerk  over  Jacob  A.  Lane  of  White,  and  D.  Wendel 
of  Rutherford. 

Kirkpatrick,  nephew  of  Senator  Ross  of  A.  was  elected  Assistant 
elk  over  a  crowd  of  others.  In  the  end  the  Democrats  nearly  all 
voted  for1  him,  expecting,  according  to  an  arrangeemnt  made  by  Mr. 
Critz,  to  thereby  obtain  Senator  Ross'  vote  for  Mr.  Miller  Francis 
for  Treasurer. 

John  Sevier  of  Tipton  was  elected  Doorkeeper  over  Hays  Arnold 
of  White  and  many  others.     He  is  a  brother  of  Senator  Sevier  of  C. 

I  introduced  resolutions  to  locate  the  Seat  of  Government  at  the 
centre  of  the  State,  or  nearest  suitable  site  thereto,  having  due  re- 
gard to  health  and  public  convenience,  and  to  appoint  three  commis- 
sioners by  the  General  Assembly,  one  to  reside  in  each  grand  division 
of  the  state,  whose  duty  it  should  be  to  "designate  and  fix"  the  site 
of  the  seat  of  Government,  according  to  the  second  section  of  the 
schedule  of  the  constitution  of  1834-5. 

Mr.  Nelson  introduced  a  bill  in  blank,  of  a  few  lines,  designating 
and  fixing  the  seat  of  government  at  blank  town,  in  blank  County. 
By  the  rules  of  the  last  Assembly,  which  we  had  adopted  until  others 
were  formed,  this  bill  passed  its  first  reading  without  objection. 

In  the  evening  saw  Maj.  Trott,  and  agreed  to  see  Messrs.  Glenn 
and  W.  H.  Polk  of  the  House,  which  I  did,  for  the  purpose  of  getting 
them  to  vote  for  Mr.  Wade  of  DeKalb  for  Assistant  Clerk  in  the 
House.  Saw  them  and  they  agreed  to  do.  This  was  in  the  night. 
Then  went  and  saw  Ex  Governor  Polk  who  had  just  arrived  at  the 
Nashville  Inn.  Saw  him,  Col.  Alvan  Cullom,  Mr.  Eastman,  editor 
of  the  Knoxville  Argus,  Mr.  Gardner  etc.  together  at  W.  H.  Polk's 
room.  Talked  over  our  defeat  in  the  late  election.  Eastman  agreed 
with  me  that  the  bank  question*1  was  the  great  cause.  Gov.  Polk 
thought  it  was  this,  ana  the  divisions  among  our  friends  in  local 
elections  that  beat  us,  aided  by  fraudulent  voting.  Saw  a  letter  dur- 
ing the  day  from  Hon.  Cave  Johnson  to  Mr.  Nicholson,  in  which  he 
urged  the  necessity  of  passing  a  law  to  prevent  frauds  in  elections 
in  future.  Went  home  late,  and  wrote  to  my  father  and  daughter 
Mary  by  Anthony  who  was  to  leave  in  the  morning  for  McM —  .  .  . 

Tuesday,  Oct.  3,  1843. 

.  .  .  Started  Anthony  home  with  bacon  and  sugar — things  for 
Mrs.  Batey — wrote  to  Dr.  Smartt  and  Mary,  or  sent  letter  to  her, 
written  last  night  and  to  father. 

Senate  met  at  9  oclock.  Mr.  Nelson  called  up  his  bill  in  blank  for 
fixing  the  seat  of  Government,  and  it  was  passed  in  blank,  as  to 

glace,  a  second  time,  Sub  silentio.     The  House  elected  its  officers  in 
le  course  of  the  day,  and  after  the  customary  messages  had  passed 
between  the  Houses,  a  joint  committee  waited  on  the  Governor,  of 

**The  Bank  of  Tennessee,  charterd  in  1837-1838,  became  a  football  of  state 
politics. 


Laughlin  Diaries  61 


whom  W.  Cullom  was  one  on  part  of  Senate,  and  directly  afterwards 
the  Message  came  in,  and  such  a  message.  It  is  highly  violent  and 
partisan  in  its  character,  abounding  in  falsehoods. 

We  had  a  meeting  of  Democratic  members  at  Gen.  Carrolls  in 
the  evening — Mr.  Boddie  of  Sumner  presided.  Messrs.  Nicholson, 
Trott,  Milligan,  Anderson,  Glenn  and  Fisher  were  appointed  a  com- 
mittee with  authority  to  call  future  meetings,  and  to  see  whether 
propositions  would  not  be  made  to  take  up  candidates  of  the  Whig 
party  in  East  and  West  Tennessee — to  be  made  by  Whigs — perhaps 
by  friends  of  Col.  A.  R.  Alexander  and  Joseph  L.  Williams,  to  be 
run  against  Foster  and  Jarnagin,  or  the  regular  Whig  nominees. 
They  were  to  acsertain  and  see  if  such  an  anti  Foster  and  Jarnagin 
ticket  could  be  formed,  bringing  which  votes  enough  [sic]  to  enable 
it  to  carry  with  aid  of  all  the  democratic  votes.  Mr.  Huddleston  of 
Overton,  and  Mr.  Bobo  of  Coffee  expressed  doubts,  whether  they 
could  vote  for  Whigs,  even  as  a  choice  between  evils.  Mr.  Nicholson 
said  he  had  always  thought  until  lately  that  he  could  vote  for  Whigs 
in  no  event;  but  to  effect  defeat  Foster  he  would  vote  for  a  Whig 
less  objectionable.  Mr.  Gordon  said  same — so  did  Mr.  Fisher,  Mr. 
Glenn  and  others.  I  was  decidedly  in  favor  of  doing  so.  Mr.  Turney 
would  go  with  majority,  but  he  thought  it  best,  to  let  the  Whigs 
take  their  own  course — elect  their  men,  and  then  instruct  them  out. 
No  vote,  as  to  what  we  would  do,  took  place. 

Houston  went  to  theatre.  I  came  home  late  from  the  meeting 
and,  as  usual,  read  myself  to  sleep,  at  11  oclock  in  the  Neighbours. 

It  was  thought  best  not  to  stir  seat  of  Government  question  in  the 
meeting,  as  there  were  Democrats  present,  in  favor  of  Nashville. 
This  was  agreed  by  myself,  Trott,  Nicholson,  and  W.  H.  Polk — out 
at  door,  before  meeting  was  called  to  order. 

Wednesday,  Oct.  4,  1843. 

.  .  .  In  the  course  of  the  day,  after  voting  on  inserting  the 
name  of  a  town  for  the  seat  of  bill,  and  mendment  [sic]  offered  by 
Mr.  Harris  of  Tipton,  finally  passed  the  bill  with  the  name  of 
Kingston,32  in  the  County  of  Roane,  inserted  on  motion  of  Mr.  Torbitt 
— and  sent  it  to  the  House,  where  it  passed  one  reading. 

In  the  evening  saw  Gov.  Polk,  who  is  in  favor  of  removal  from 
Nashville,  and  sent  Mr.  Powell  to  see  him,  so  that  Polk  might  talk 
at  him  on  the  subject.  Met  Maj.  M.  G.  Reeves  at  Gov.  Polk's  room. 
Sent  him  to  obtain  a  pledge  from  the  Whig  Delegation  of  Rutherford, 
that  they  would  vote  for  a  Senator  in  each  of  the  East  and  West 
Divisions,  against  Foster  and  Jarnagin,  if  seat  of  Government  was 
removed,  which  pledge  I  suppose  he  will  obtain.  Saw  Dr.  Richardson 
and  Maj.  Trott,  who  agreed  that  amendment,  proposing  the  Center 
of  the  State  in  lieu  of  Kingston,  to  Senates  bill  in  House,  was  the 
proper  move.  W.  H.  Waterson,  Gen.  Smartt,  and  Trott  agreed  that 
the  amendment  must  be  moved  by  Mr.  Baringer  of  Bedford  the 
Speaker.  I  had  thought  of  Richardson,  but  agreed  that  the  above 
would  be  best. 

Agreed  with  Mr.   Sneed  to  prepare  the  amendment,  and  have  it   » 
ready. 

Found  Mr.  Powell  talking  with  Gen.  Wilson,  Speaker  of  the 
Senate  of  North  Carolina,  at  Nash.  Inn.  on  subject  of  the  Presidency 
and  Vice  Presidency.  Dont  know  result.  Went  home  and  wrote  part 
of  a  letter  to  Editor  of  Central  Gazette  at  McMinnville,  giving  an 
account  of  progress  of  events  here,  and  of  seat  of  Government  Ques- 
tion. 

°One  session  of  the  Assembly  had  been  held  in  this  town  in   1807. 


t 


62  Documents 


Went  to  bed  and  read  Miss  Bremer's  Neighbours — account  of 
Bruno  being  known  by,  and  acknowledged  by  his  brother  Lars  Andres. 
Either  Miss  Bremer,  or  Mrs.  Howitt,  or  both,  have  the  full  un- 
sophisticated feelings  and  hearts  of  nature.  Hence  the  ability  to 
portray  characters  of  Mrs.  Fraziska  Werner,  Lars,  and  Serena, 
There  is  great  power  displayed  in  writing  of  music — its  effects — 
what  it  really  is,  and  drawing  character  of  Bruno.     .     .     . 

Thursday  Oct.  5,  1843. 

Rose  early,  but  unrefreshed.  Took  walk  to  sulphur  spring,  with 
Maj.  Loving  and  Mai.  Bobo  of  Coffee.  Met  Mr.  Garner  of  Franklin 
and  Mr.  Fisher  of  Fayette  at  the  spring.  Drank  freely  of  water, 
determined  by  drinking,  early  rising  and  exercising  to  be  prepared 
for  sleep  tonight — if  I  can  get  to  bed  early. 

In  the  House,  the  Seat  of  Government  Bill  pased  a  second  reading, 
without  opposition  with  Kingston  in  it  as  the  site.  The  friends  of 
removal  from  Nashville  deemed  this  the  most  prudent  course,  and 
best  way  to  hasten  final,  action.  Attempted  to  have  an  evening 
meeting  of  Democratic  members,  at  Postoffice;  but  room  being  out  of 
order,  and  Gen.  Armstrong  having  been  ill  (as  I  have  been  some- 
times) and  just  getting  well — the  meeting  was  adjourned  to  Mr. 
Ross*  room  at  Crockett's.  The  meeting  was  pretty  full;  but  we 
could  not  all  agree  to  vote  for  Whigs  for  U.  S.  Senate  in  East  and 
West  to  defeat  Foster  and  Jarnagin.  Davis  of  Marshall,  Body  of 
Sumner,  and  some  other  member  expressed  a  determination  to  vote 
for  no  Whig  for  any  possible  purpose  for  Senator.  I  think  Mr. 
Turner  of  Sumner  was  the  other  man.  On  motion  of  Powell  of 
Carter,  and  on  my  suggestion  of  the  proper  men,  Miller  of  Harden- 
man,  and  Glenn  of  Tipton  were  appointed  a  committee  to  ascertain 
how  many  Whig  votes  a  candidate  for  Senator  of  that  party,  in 
opposition  to  Foster,  could  get  in  W.  District. — Dr.  Kenny  of  Wash- 
ington thought  J.  L.  Williams,  Reece,  Gen.  Cocke,  or  McDermot  of 
East  Tennessee,  all  Whigs,  could  bring  some  Whig  votes  in  opposition 
to  Jarnagin. — Maj.  Trott  tried,  on  a  motion,  to  ascertain  how  many 
Democrats  would  vote  for  Central  location  of  Seat  of  Government  in 
order  to  obtain  Whig  votes  in  Middle  Tennessee  to  defeat  Foster  and 
Jarnagin,  but  nothing  definite  was  elicited*3 

In  the  course  of  the  meeting,  Mr.  G.  W.  Jones  of  Lincoln,  and 
Col.  H.  Yoakum  of  Rutherford,  on  being  called  out,  addressed  the 
meeting.  Both  were  for  uniting  on  any  other  Whigs  who  could 
bring  votes  to  defeat  Foster  and  Jarnagin. 

Mr.  Jones  stated  that  he  was  a  member  of  the  Tennessee  Senate 
in  1839-40  when  Senators  were  to  be  elected,  and  that  a  Whig  had 
proposd  to  him,  that  if  a  democrat,  other  than  the  late  Felix  Grundy 
would  then  suffer  himself  to  be  brought  forward  by  a  minority  of 
his  party,  that  the  whole  44  Whig  votes  which  were  in  both  Houses 
of  that  Assembly  would  be  cast  for  such  democrat  against  Mr. 
Grundy  for  U.  S.  Senator, — after  first  voting,  on  first  ballot  for  a 
candidate  of  their  own  party. 

I  cam  home  late,  found  Mr.  Woodward  and  Houston  in  bed,  and 
went  to  bed  immediately — having  walked  home  with  Messrs.  Voorhies 
and  Wiley.  The  former  expressed  a  hope  that  Whig  Senators  might 
yet  be  defeated.  Trott  and  myself  doubted,  as  we  were  last  to  part. 
He  had  made  his  motion  in  meeting  at  my  suggestion,  as  Nicholson, 
who  was  to  see  Ready,  as  friend  of  Rutherford  delegation,  desired  it. 


MAn  excellent  illustration  of  state  log-rolling. 


Laughlin  Diaries  63 


Friday  morning,  Sept.   [sic]  6,  1843. 

Got  up  early  to  make  arrangements  for  Houston  to  leave  for  Hick- 
ory Hill.  Wrote  to  father — Ford  the  editor  and  requested  Ford  to 
publish  and  preserve  the  letter — Sent  documents  to  Dr.  Gowen,  C.  P. 
Alexander  and  others — and  to  J.  L.  Byars,  Jas.  Webb,  Harold  Byars 
and  others  McMinnville.  He  started  after  breakfast  against  my 
wish  as  it  had  been  raining  and  was  cloudy.  Went  to  Senate,  but 
nothing  done  of  interest.  Nelson  consulted  me  on  repealing,  or 
modifying  Bowie  knife  prohibition  law.  As  I  went  to  Senate,  I  men- 
tioned to  Gen.  Smartt,  that  I  regretted  that  we  had  held  meeting — 
that  it  was  against  what  I  had  always  advised,  as  far  as  seat  of 
Government  question  was  concerned.  Wrote  letter  to  Wm.  Cummins 
Esq  of  Cannon  to  send  by  Squire  Bates,  and  informed  him  of  the 
state  of  the  seat  of  G.  question;  and  enclosed  him  a  Governor's 
message  for  Robert  Bailey — endorsing  on  it  that  it  was  poor,  and 
lied  and  misrepresented.  Saw  Chancellor  Bramblett  at  Mr.  Kizer's 
store  when  Senate  adjourned  and  I  came  to  dinner — said  he  could 
not  electioneer  for  re-election — was  indisposed  to  do  it,  had  to  hold 
his  Courts  til  1st  Dec.  and  that  electioneering  did  no  accord  with  his 
taste.  Col.  T.  H.  Cahal  is  his  competitor — a  poor  shoate — my  mind 
is  made  up  to  vote  for  Bramblett. 

In  the  House,  after  all  manner  of  shuffling,  scuffling,  and  voting 
for  local  places  and  centre  of  the  State — proposed  by  speaker  Barin- 
ger — and  reconsidering,  the  blank  was  at  last  filled  with  Nashville. 
While  the  centre  was  in  and  pending  a  motion  to  reconsider,  the 
House  adjourned  to  meet  at  7  P.  M.  and  have  a  night  session.  We 
met  accordingly,  when  Messrs.  Sherrell  of  Bledsoe,  Rodgers  of 
White,  etc.,  and  other  Whigs  deserted  and  went  over  to  Nashville. 
The  bill  was  finally  passed  for  Nashville.  The  above  deserters  and 
Coggin  of  DeKalb  voting  for  Nashville.  For  this  day  and  nights 
work,  see  the  Journal.  Mr.  Kizer  came  home  after  I  had  left  the 
House  and  given  up  hope.  I  found  Mr.  Woodward  abed  and  asleep. 
Missed  Houston,  and  on  making  Harry  light  a  candle  when  Mr.  K. 
came  home,  I  read  account  of  reconciliation  between  ma  chere  mere 
and  Bruno  at  Ramum  in  the  Neighbours  of  Miss  Bremer  which  I  have 
not  yet  got  through.  Wished  myself  at  home  with  my  old  father, 
mother  and  boys — Felt  the  most  melancholly  anxiety  about  my  mother 
— felt  that  I  was  like  one  with  little  of  future  hope  in  this  world, 
if  I  should  have  soon  to  add  her  loss  to  my  other  bereavements. 
Committed  all  to  hands  of  God,  and  got,  by  an  effort,  to  sleep. 

Saturday,  Oct.  7,  1843. 

After  trying  sleep,  rose  early  and  anxious  about  the  pending  ques- 
tion of  Seat  of  Government.  Was  uneasy  on  the  question  of  concur- 
rence with  the  House.  Knew  they  had  passed  the  bill  in  favor  locating 
at  Nashville.  Went  to  Senate  before  the  hour  of  meeting.  As  soon 
as  the  morning  business  was  through,  and  before  any  message  could 
come  from  the  House,  moved  in  full  Senate,  as  a  test  question,  to  take 
up  my  resolutions  offered  on  the  first  day  of  the  Session  for  locating 
at  the  geographical  centre  of  the  State,  or  nearest  suitable  site.  By 
a  test  vote,  my  motion  was  lost  by  a  vote  of  13  to  12. 

Mr.  Sneed  then  introduced  a  resolution  for  fixing  it  by  vote  of 
the  people,  putting  places  in  nomination,  and  on  second  election  taking 
the  two  places  having. highest  number  of  votes,  etc.  Voted  for  sus- 
pending rule  so  as  to  allow  it  to  be  considered  then,  without  lying  one 
day  on  the  table  as  the  rule  required.  We  were  voted  down.  The 
Houses  amendment  to  our  bill,  by  which  that  body  had  fixed  upon 
Nashville  was  brought,  and  taken  up.    Mr.  Gardner  moved  to  concur. 

—3 


04  Documents 


I  made  a  speech  against  concurrence,  and  Mr.  Nelson  of  Knox  replied. 
Mr,  Sneed  addressed  a  short  speech  to  mine.  Nelson's  speech  was 
vulgar  and  rude,  in  his  usual  vein  of  vulgar  wit  without  facts  or 
arguments.  He  was  clapped  twice  in  the  lobby  overflowing  with 
Nashville  Whigs.  I  will  publish  my  speech.  The  question  was  then 
had  on  amendments  offered  in  succession  by  Mr.  Sneed  and  myself,  in 
favor  of  central  location.  These  were  out  of  order  on  a  question 
of  concurrence,  but  the  friends  of  Nashville,  with  slight  objection  from 
Gen.  Cocke,  and  one  or  two  others,  the  Speaker  deciding  them  in 
order,  took  no  appeal,  and  our  amendments  were  voted  down.  The 
question  of  concurrence  was  then  taken,  and  the  friends  of  removal 
having  lost  all  hope,  the  House's  amendment  was  concurred  in  by  the 
vote  stated  below.*  I  ought  to  have  noted  first,  however,  that  before 
the  vote  was  taken,  Mr.  Nicholson  moved  to  strike  Nashville  and  insert 
Columbia,  which  was  lost,  I  voting  for  it.  See  the  Journal  as  to  these 
votes. 

The  night  before  the  final  vote  was  taken  in  the  House,  and  while 
we  hoped  the  centre  would  carry  there,  Mr.  Nicholson  and  myself  had 
ascertained  and  obtained  pledges  of  our  political  friends,  ready  to 
sacrifice  all  local  preference  and  even  themselves,  that  they  would 
unite  with  us,  so  as,  with  our  own  votes  to  concur  in  Senate  with  an 
amendment  from  the  House  fixing  the  centre,  or  nearest  suitable  place 
within  ten  miles  thereof,  by  a  vote  of  13  to  12,  and  so  it  would  have 
been  decided,  if  it  had  so  come  to  us  on  Friday  night,  or  this  morning 
— but  all  our  prospects  were  blighted  by  desertion  of  Whigs  in  the 
House,  by  which  Nashville  was  inserted  and  now  our  friends  here,  had, 
in  justice  to  themselves  to  take  such  course  as  would  save  themselves, 
and  be,  as  they  supposed,  most  in  conformity  with  the  supposed  will 
of  their  constituents.  The  deserters  in  the  House,  were,  Daniel  Cog- 
gin  of  DeKalb,  Gen.  Rodgers  of  White,  Fentress  of  VanBuren,  Craven 
Sherill  of  Bledsoe,  Rawlins  of  Hamilton  and  Marion  Humphreys  of 
Monroe. 

After  the  bill  was  finally  passed,  Senate  adjourned.  It  rained 
all  day.  In  evening  saw  Gen.  Smartt  and  Col.  Spurlock  about  to  leave; 
and  Mr.  Geo.  Glascock,  and  Mr.  W.  West,  with  whom  I  talked,  and 
both  of  whom  understood  the  whole  matter  as  I  did — that  it  was  owing 
to  Whig  desertion.  Gov.  Jones  and  E.  H.  Foster  had  both  been  busy 
for  several  days.  I  have  no  doubt  of  their  being  the  cause  of  the 
desertions.  Will  the  Whigs  of  Warren,  Cannon,  Coffee,  DeKalb  and 
Rutherford  stand  this!  Time  will  show.  I  sent  some  documents  in 
the  course  of  the  day.  Wrote  the  day  before  to  Maj.  Lamberson,  [?]  at 
Liberty,  and  at  night  visited  my  friends  Ross  of  L.  Nicholson  and 
Voorhies  at  Crocketts  in  Company  with  Mr.  Powell  of  C.  We  all 
agreed  that  Powell  must  get  Torbett  to  stand  with  us,  as  Nicholson 
and  Voorhies  agreed  to  do,  and  compel  the  Whigs  to  elect  U.  S.  Sena- 
tors by  concurrent  vote,  or  pass  a  law  in  conformity  with  the  power 
conferred  by  the  constitution  of  the  U.  S.     Art.       See/ 

Went  home  and  read  nearly  through  the  "Neighbors."  I  think  Mr. 
[sic]  Bremer  intends  to  portray  character  of  Lord  Byron  in  her  Bruno 
Mansfield,  and  in  Ma  chere  mere,  the  character  Lady  Byron,  Lord 

Byron's  mother.  The  idea  of  these  must  at  least  have  been  in  Miss 
Bremer's  head. 

Thought  of  home,  and  felt  pained  at  not  receiving  a  letter  as  this 

*For  concurrence — Allen,  Bradbury,  Cocke,  Cullom,  Farrington,  Gardner,  Gordon, 
Harris,  Henry,  Jennings,  Martin.  Nelson,  Powell,  Ross  of  A.  Sevier,  Torbett,  Voor- 
hies— 17.  Against  concurrence — Critz,  Davis,  Laugh) in.  Nicholson,  Ross  of  L.  Sneed, 
Turney  and  Speaker  Anderson — 8.      [Note  in  original.] 

"Blank  in  Ms. 


24 


Laughlin  Diaries  65 


was  the  day  the  mail  arrived  from  McMinnville.  Hope  for  the  best. 
.  .  .  Wrote  J.  H.  Roberts  of  Coffee,  and  other  friends,  stating  our 
defeat. 

Vote  in  House. 

For  Nashville — Bond  of  Haywood  moved  to  fill  blank — Alexander, 
Avery,  Bledsoe,  Bond,  Bone,  Brooks,  Carson,  Cheatham,  Cherry,  Cleve- 
land, Coggin,  Cross  of  M.  Crudup,  Davenport,  Duggan,  Edwards, 
Eubank,  Goodall,  Goode,  Hamilton,  Hodsden,  Houston,  Humphreys, 
Jordon,  Lenoir,  Moore,  Moorman,  Morris,  Morrow,  Nave,  Rawlings, 
Rach,  Sherrel,  Trice,  Trimble,  Turner,  Tyler,  Walker  of  W.  Wheeler, 
Williams  and  Wyly — 43. 

Against  Nashville — Anderson,  Black,  Bobo,  Burrus,  Cross  of  S. 
Crouch,  Dearing,  Farquharson,  Fisher,  Garner,  Glenn,  Gordon,  Hord, 
Huddleston,  Hughes,  Kenney,  Lauderdale,  McGinnis,  Maury,  Miller, 
of  H.  Miller  of  M.  Milligan,  Polk  Richardson,  Rodgers,  Smartt,  Trott, 
Turney,  Walker  of  H.  Wann  and  Speaker  Barringer. 

Rodgers  voted  against  considering  I  believe.    See  Journal. 

Sunday,  Oct.  8,  1843. 

In  the  morning  felt  tolerably  refreshed,  and  after  breakfast  wrote 
up  yesterdays  journal.  Went  to  House  and  Senate  Chamber,  and 
found  no  letter  from  home.  Wished  I  could  possess  the  even  temper 
and  philosophy  of  others — prayed  that  I  might  be  able  to  submit  to 
my  lot  in  quietness  and  peace,  and  that  with  old  Quarles,  [sic]  I  might 
hereafter  be  enable  [d]  cheerfully  to  find  a 

Tongue  in  trees,  books  in  running  brooks, 
Sermons  in  stones,  and  good  in  everything. 

.  .  .  Read  conclusion  of  the  Neighbours,  and  after  dinner, 
walked  with  Mr.  Woodward  to  Col.  Park's,  on  College  Hill,  and  was 
there  introduced  to  Dr.  Dilliard  of  Sumpter,  Alabama,  who  was  in 
bad  health.  Came  home,  and  wrote  to  my  father  about  the  work  to 
be  done  on  my  House  by  Mr.  Purvis  at  Hickory  Hill.  Read  some  in 
Coopers  Wyandotte,  or  Hutted  Hill.     ... 

Monday,  Oct.  9,  1843. 

Went  to  Senate  Chamber  immediately  after  breakfast.  I  had  seen 
Wm.  Smartt  in  market  in  morning.  He  left  home  on  Friday,  and 
could  give  me  no  information  as  to  the  health  of  my  mother.  Sup- 
plied, he  said,  that  rain  prevented  Dr.  Smartt  from  writing. 

In  Senate  resolution  to  bring  on  Senatorial  election  on  13th  inst. 
was  taken  up.  On  motion  of  Mr.  Nicholson,  time  was  changed  to 
20th  instant  by  party  vote,  except  Cocke  and  Farringdon  voted  with 
the  democracy.  On  passage  of  the  resolution,  or  on  question  of  adop- 
tion, I  made  some  remarks,  and  asked  that  its  passage  should  be  post- 
poned until  the  bill  prescribing  the  mode  of  electing  U.  S.  Senators, 
introduced  by  Mr.  Gardner  could  be  passed — that  the  Whigs  having  a 
majority,  might  amend  and  pass  it  in  form  acceptable  to  themselves; 
but  that  if  they  would  not  I  feared  we  might  by  possibility  have  a 
recurrence  of  the  party  strife  we  had  in  the  Senate  in  1841.35  That 
other  states  had  passed  laws,  our  parent  state  N.  Carolina  for  in- 
stance— and  that  if  a  law  could  be  passed,  I  would  hope  for  a  har- 
monious session,  and  that  we  could  come  up  to  the  great  subjects — 

35Thq   bitter   fight    over   the   election    of   two    Senators   to   which   reference   is   made 
in  the  Introduction. 


66  Documents 


state  debt,  judiciary  etc,  free  of  party  feelings.  Nelson  and  Cullom 
replied — Gardner  and  Ross  spoke/ then  Sneed — Powell,  Harris,  Jen- 
nings,  etc. 

I  moved  the  adjournment  at  noon  which  carried  without  the  ques- 
tion on  the  resolution  being  taken. 

In  the  morning  Mr.  Gardner  had  introduced  a  Bill  for  having  only 
two  Circuit  Courts  a  year  in  Western  Division.  On  its  passage  with- 
out opposition,  I  gave  notice  that  I  had  a  Bill  in  preparation,  embrac- 
ing the  whole  State,  containing  the  same  provision,  under  which  I 

hoped  the  number  of  Judges  might  be  reduced  greatly  to  the  benefit 
of  the  public  service,  and  the  saving  of  money. 

Before  dinner  wrote  to  Van  Pelt  of  the  Memphis  Appeal,  and 
Col.  A.  A.  Kincannon  of  Columbus,  Mississippi  on  the  subject  of 
Presidency  and  Vice  Presidency — urging  that  Polk  should  be  taken 
up  for  the  latter  by  the  press  and  people — that  he  should  be  nomi- 
nated by  our  State  Convention  in  November — that  the  Tennessee 
delegation  should  go  to  N.  Convention  supporting  his  claims,  and  un- 
committed as  to  Presidential  candidate,  but  committed  to  abide  its 
nomination — that  no  nomination  for  the  Presidency  ought  to  be  made 
in  our  State  Convention.8*  Told  them,  that  if  Gov.  Polk  should  be  on 
our  ticket  next  fall,  with  Van  Buren,  or  any  good  democrat,  we  could 
beat  Clay,  McLean  or  Scott;  but  without  Polk's  name  we  would  be 
beaten  and  tied  down  in  federal  chains  in  Tennessee  for  the  next  six 
or  ten  years.  Wrote  to  Maj.  T.  P.  Moore,  Harodsburg,  Ky.  the  same 
substance  as  to  Kincannon.    ... 

During  the  day,  Mr.  Topp,  brother  of  R.  Topp  of  Memphis,  applied 
to  me  in  confidence,  to  know  if  I  would  support  his  brother  R.  T.  for 
U.  S.  Senator  against  Jarnagin — told  him  it  was  possible. 

Tuesday,  Oct.  10,  1843. 

.  .  .  Went  to  Senate  Chamber  early,  and  wrote  letters  to  W. 
H.  Conlior,  to  Gen.  Patton  at  Woodbury — introduced  Bill  to  reduce 
the  Number  of  Circuits  and  Judges,  and  providing  that  the  Circuit 
Court  should  sit  but  twice  a  year,  unless  special  terms  should  become 
necessary  in  particular  Courts;  and  I  also  introduced  Resolution  direct- 
ing the  Judiciary  Committee  to  examine  and  report  on  the  above 
subjects,  but  also  into  the  expediency  of  curtailing  salaries,  costs  and 
expenses  in  administration  of  justice  by  the  Circuit  Courts. 

This  was  the  day  of  the  Great  Peyton  Stakes  race  out  at  the 
tract.  Many  members  went  out.  I  did  not.  Wrote  to  L.  N.  Ford  and 
son  Houston  at  McMinnville — Letter  to  Ford  for  publication — that 
that  to  Houston  being  one  of  affection  and  advice.     .     .     . 

Wednesday,  Oct.  11,  1843. 

Attended  the  Senate  early.  In  the  course  of  the  day  sent  sundry 
documents  to  friends,  and  among  others,  the  Banner  containing  my 
remarks  on  the  Senatorial  question,  and  the  Whig  containing  my 
marks  on  seat  of  Govt.  Question,  both  imperfect  reports,  to  my  friend 
Col.  Rob.  L.  Ferrell  of  West  Fork  P.  O.  Overton  Co.  and  the  Banner 
to  my  father. 

^  In  the  evening  the  resolution  was  passed,  variously  amended,  for 
bringing  on  elections  of  U.  S.  Senators  on  17th. by  Convention  of  the 
two  Houses.  (See  Journal.)  I  voted  against  it  because  the  election 
for  longest  term — from  expiration  of  Gen.  Alex.  Anderson's  term  on 
4th  March,  1841,  was  to  be  brought  on  first — and  election  to  fill  re- 
mainder of  Grundy's  term,  ending  4th  March  1845,  was  to  be  brought 
on  next.    This  arrangement  would  cut  the  democracy  out  of  all  power 

MThis  was  the  plan  actually  carried  out.      Sec  Polk-Johnson  Letters,  p.   229. 


Laughlm  Diaries  67 


in  exercising  a  proper  choice  in  choosing  between  Mr.  Bell,  Mr.  Topp, 
Mr.  Jarnagin  and  others.  While  the  resolution  was  pending,  a  de- 
bate sprung  up  in  Senate,  brought  on  by  Mr.  Voorhies,  in  "defining 
his  position",  in  which  Messrs.  Nelson,  Farrington,  Harris,  and  Ross, 
of  L.  and  I  believe  Cocke  and  Cullom  participated. — Wrote  Gov.  Yell 
of  Ark. 

In  the  evening,  Maj.  Loving  and  myself  made  a  visit  to  Col.  Park 
on  College  Hill.  Park  and  Loving  (the  last  being  an  admirable  per- 
former) favored  Maj.  Doxey  (a  gentleman  of  Sumner)  and  the  com- 
pany with  music  on  the  violin.  Coming  home  nearly  got  a  wetting 
by  rain  in  stopping  by  the  way  to  see  Steamer  Cumberland  go  off  in 
the  night.     .     .     . 

.  .^  .  Talked  with  Mr.  H.  Van  Pelt  in  the  course  of  the  day 
on  subject  of  Presidency  and  Vice  Presidency  in  prospect,  and  with 
Mr.  Hickerson  of  Wilkes,  N.  C.  and  urged  claims  of  Gov.  Polk  for 
latter. 

Thursday,  Oct.  12,  1843. 

.  .  .  Went  back  to  Senate — wrote  letter  to  Gov.  Polk,  and  par- 
ticipated in  discussion  of  Mr.  Davis'  Bill  to  restore  Ca.  Sasl  law  re- 
pealed at  last  Session.  Messrs.  Cullom  and  Sneed  offered  amendments. 
Harris,  Sneed  and  Cullom  participated  in  debate.  I  declared  myself 
against  restoring  the  writ — not  being  willing  that  the  flesh  and  blood 
of  freemen  should  ever  be  held  in  pledge  for  debt  or  money — but  pledg- 
ing myself  to  go  for  any  measure  gentlemen  might  propose  more 
effectually  to  reach  fraud.  I  complimented  Mr.  Powell  and  Dr.  Peyton 
of  Sumner  (now  a  member  of  Congress  elect)  both  present  for  their 
support  of  law  repealing  Ca.Sa  law  at  last  session. 

Wrote  home  to  my  father,  and  informed  him  that  I  would  want 
Houston  to  return  here  with  his  mare  in  time  for  me  to  ride  to  Coffee 
Circuit  Court  by  4th  Monday;  also  to  hurry  the  work  on  my  home, 
and  that  no  papering  need  be  done.  Wrote  to^have  mother  carefully 
nursed,  and  for  Mary  to  write  me  every  mail.  Dated  my  letter,  writ- 
ten late  at  night,  as  of  tomorrow  morning,  and  went  fo  Post  Office  with 
it,  and  there  conversed  with  Gen.  Armstrong  on  subject  of  Senatorial 
election.  I  informed  him  that  Whigs  intended  to  fill  two  unexpired 
terms,  and  also  a  new  term  from  4th  March  1845.  In  course  of  day 
wrote  to  Gov.  Polk  at  Columbia,  as  I  had  done  to  Gov.  Yell  of  Ark — 
and  of  contents  of  my  letters.  In  evening  was  restless  and  on  going 
to  bed,  could  not  go  to  sleep  early,  but  read  Hutted  Knoll  until  11 
o'clock,   Mr.  Woodward  being  asleep.     .     .     . 

Friday,  Oct.  13,  1843. 

Felt  tolerably  refreshed  in  morning,  and  after  a  slight  breakfast, 
went  to  Senate.  Little  done,  except  to  adjourn  to  House  to  finish 
counting  votes  for  Gov.  When  it  was  found  that  Jones  true  majority 
over  Polk  was  3833.  By  resolution  offered  by  Mr.  Boddie,  the  un- 
official return  from  Sumner  was  added  which  produced  the  above 
result.  Miller  of  Hardeman  informed  me  that  Whigs  had  held  a 
caucus  last  night  at  Dr.  Jennings  office — result  of  course  not  known 
to  democracy.  Saw  the  Journal  of  yesterday,  that  my  motion  to 
print  500  copies  of  Penitentiary  report,  was  reducing  the  usual  num- 
ber, being  1000,  moved  by  Cullom,  one  half.  In  the  morning  got  the 
Albany  Argus,  and  several  St.  Louis  papers  from  Union  Office,  but 
have  no  heart  or  time  to  read  newspapers. 

Wrote  letter  to  Wm.  H.  Judkins  of  DeKalb  by  Mr.  Brien,  who  was 
to  leave  in  the  stage  in  the  night.     Commissioned  Mr.  Woodward  to 

z7Capias  ad  satisficiendum. 


68  Documents 


buy  me  some  domestic  and  linnen  to  make  shirts — they  were  to  be 
neatly  made  at  50  cents  a  piece. 

At  night  .  .  .  Saw  some  friends  at  City  Hotel,  and  Mr.  Trous- 
dale at  Union  Hall,  kept  by  Joe  Brown,  and  talked  over  coal  trade  of 
the  Up-Cumberland  river  country  with  him.  Went  home  and  to  bed 
before  9  o'clock,  but  did  not  sleep  til  late  hour,  lighted  candle  and  read 
Cooper's  Hutted  Knoll,  which  I  had  in  the  evening,  promised  to  lend 
to  a  young  man  named  [  ]*  who  is  reporting  Senate's  pro- 

ceedings for  Banner  and  the  Whig.     .     .     . 

Saturday,  Oct.  14,  1843. 

.  .  .  Nicholson  reported,  as  chairman  of  Com.  of  Ways  and 
Means,  Bill  with  amendments  for  abolishing  office  of  Superintendent 
of  Public  Instruction — providing  that  all  duties  of  the  office  should  be 
transferred  (not  to  President  of  Bank  of  Tenn.)  but  to  the  Comp- 
troller of  the  Treasury,  and  that  no  additional  pay  should  be  given 
to  that  officer  for  a  discharge  of  the  said  new  duties,  than  he  now 
receives  by  law — all  of  which  I  voted  for. 

Reed  letter  from  Gov.  Polk,  and  a  No.  of  the  Charleston  (S.  C.) 
Mercury,  of  the  30th  Sept.  1843 — mentioning  Gov.  P/s  claims  for  the 
Vice  Presidency — speaking  in  his  praise  etc. — Saw  Dr.  Kenney  of 
Washington  in  the  evening  who  informed  Judge  Miller  and  myself 
that  he  was  daily  getting  information  of  the  Whig  movements  in 
Caucus,  on  the  subject  of  U.  S.  Senators,  from  Craven  Sherrill  of 
Bledsoe,  and  was  to  get  a  report  next  Monday.  He  urged  us,  however 
to  be  secret. 

In  the  evening  I  read  conclusion  of  Hutted  Knoll,  and  then  Web- 
ster's speech  at  the  late  agricultural  fair  at  Rochester,  N.  York,  in 
which  he  speaks  of  protecting  agriculture  by  legislation;  and  com- 
pares and  contrasts  agriculture  or  farming  and  planting  interests — 
the  first  being  peculiar  to  the  Middle  and  Northern  States — the  last 
to  the  south.  The  first  he  considers  of  greatest  importance  to  human 
happiness — the  greatest  number  of  people.  Read  also  Jos.  R.  Inger- 
soll's  answer  to  a  call  from  a  portion  of  his  constituents  of  Philadel- 
phia on  the  slavery  question,  and  on  propriety  of  amending  the  con- 
stitution of  the  U.  S.  so  as  to  give  power  to  Congress  to  abolish 
slavery.  He  is  averse  to  such  an  amendment.  I  will  insert  these  two 
documents  in  my  Scrap  Book,  No.  2.     .     •    . 

Sunday,  Oct.  15,  1843. 

In  the  morning  felt  tolerably  well.  In  the  course  of  the  day,  read 
Sunday  articles  in  various  newspapers;  but  read  none  in  books. 
Walked  about  town.  To  Landing  with  Loving,  where  we  saw  Capt. 
Horn  and  Mr.  Harris  the  painter.  They  were  examining  the  Steamer 
Tallyrand — and  spoke  of  what  Anthony  Johnson,  and  others  had 
smuggled  under  bankrupt  law.  Afterward  in  my  rambles  saw  old 
Nancy  and  Ned — each  with  their  husband  and  wife,  occupy  little  ten- 
nements,  and  although  old  and  crippled,  are,  doubtless,  happier  than 
I  am.    •    .     • 

Monday,  Oct.  16,  1843. 

Rose  well,  and  went  to  market  to  buy  sacks.  Bought  some  squir- 
rels. Went  to  Senate  early.  Mr.  Kizer  and  Dr.  Moore  of  Alabama 
came  up.  Sent  by  Dr.  Mo.  to  his  brother  Dr.  D.  Moore  Journals  of  the 
called  Session,  1842,  of  the  Genl  Assembly — Acts  of  same  Session,  and 
Comptrollers  Report,  and  Governor's  Message  to  this  session. — Mr. 
Nicholson   showed  me  letter  to  himself  from  Harvey  M.  Waterson, 

"Blank  in  Ms. 


Laughlin  Diaries  69 


dated  New  York  Oct  6th  1843,  marked  Inter  nos>  in  which  he  strongly 
urges  the  impolicy  of  running  Mr.  Van  Buren  for  President  in  the 
next  election,  though  he  says  he  is  his  preference  if  he  could  be 
elected.  Says  the  Van  Buren  party  intend  to  give  Polk  the  go  by  as 
to  a  nomination  for  the  Vice  Presidency.  Says  Johnson  will  be  the 
man — that  he  met  Col.  Johnson  at  Washington  lately,  and  he  says 
he  is  not  candidate  for  the  Vice  Presidency  but  for  first  office — that 
he  has  written  so  to  many  persons  who  are  at  liberty  to  publish — 
that  if  the  Vice  Presidency  is  pushed  on  him,  that  then  will  be  the 
time  to  consider  and  act  when  contingency  happens  in  convention — 
says  he  also  saw  R.  B.  Rhett,  who  says  that  if  things  go  on  as  they 
are  going,  that  Calhoun's  friends  may  be  driven  to  secede  from  the 
convention,  and  leave  the  nomination  to  others — that  in  that  event, 
Calhoun  will  not  run,  nor  will  his  friends  vote  in  election  Without 
naming  him,  he  (Mr.  W.)  speaks  of  Cass  as  being  most  available. 
Says  that  in  passing  through  Georgia,  S.  Carolina,  N.  Carolina  and 
Virginia  lately,  he  finds  opinion  prevalent,  that  Van  Buren  is  not 
available — though  his  friends  in  Georgia,  opposed  to  Calhoun  threaten 
in  hundreds  not  to  go  to  the  polls  in  the  pending  State  election,  and 
thereby  let  the  Clay  Whigs  beat  the  Calhoun  democracy.  (This  has 
actually  happened  as  the  newspapers  of  this  morning  here,  and  news 
by  last  two  southern  mails  show  us  here.) — Mr.  W.  says  he  is  just  on 
the  point  of  sailing  in  a  U.  S.  Ship  bound  for  the  Pacific,  as  a  Com- 
mercial Agent  to  Buenos  Ayres — South  America. — Went  to  Silk  Com- 
pany's Exhibition  in  Federal  Court  room,  when  Senate  adjourned  at 
11  o'clock  until  3  o'clock  P.  M.     .     .     • 

Wrote  to  Nancy  Laughlin,  Holmes  Co.  Mississippi.  Maj.  Led- 
better  requested  me  to  say  all  well  in  Rutherford.  She  is  the  widow 
of  my  brother  John,  and  has  two  children,  Adriana,  nearly  grown,  and 
John  a  posthumous  son  of  my  brother.  I  informed  her  of  all  my 
family  misfortunes  since  she  went  to  Mississippi. 

Ate   a   very   light   supper,   and   after   conversing   sometime   with 

Col.  Adrian  Northcutt,  who  was  on  his  way  to  Clarksville  to  sell  pork, 
and  with  Mr.  Kincannon  who  came  with  him,  I  went  to  bed  early* 


Tuesday,  Oct.  17,  1843. 

Got  up  soon,  and  on  going  down,  met  Col.  Northcut,  and  went  with 
him  to  Mr.  Sam  Turney's  room  at  Thomas',  College  Street.  He  wanted 
to  take  Turney's  deposition  to  be  read  in  suit  at  Woodbury. 

Senate  met  early.  Wrote  to  Gov.  C.  C.  Clay,  of  Alabama,  about 
the  condition  of  parties  here — stating  who  wishing  [sic}  to  be  Sena- 
tors— that  Crittenden  as  Clay's  Ambassador  had  been  here — that 
Whigs  would  probably  elect  3  Senators,  Foster  being  one  at  all 
events — and  urged  prospects  of  Gov.  Polk  for  Vice  President.  I  told 
him  we  would  not,  I  expected,  nominate  any  candidate  for  President 
at  our  approaching  state  convention  in  Nov.  next — but  that  we  would 
press  Polk's  claims.  Told  him  Gov.  Yell,  as  I  believed,  favored 
Polk's  claims — that  we  would  be  happy  here  if  he  (Gov.  Clay)  con- 
curred in  our  ciews.  Told  him  if  Col.  Johnson  should  be  thrust  upon 
us  again,  the  result  would  be  same  as  in  1836,  when  we  were  Ruck- 
ered™  by  Ned  Rucker  and  Frank  Blair. 

In  the  afternoon,  by  force  of  the  previous  question,  in  which  Davis 
of  Marshall  voted  with  the  Whigs,  the  Senatorial  election  was  brought 
on,  and  Foster  elected  for  remainder  of  Mr.  Grundy's  time  (term)  to 
4th  March,  1845;  and  Jarnagin  for  balance  of  term  which  commenced 
at   expiration   of   Gen.   Alex.   Anderson   term    (Anderson's  being  re- 


30 


See  Polk-Johnson  Letters,  p.  225,  note  72. 


70  Document* 


mainder  of  Judge  Whites  term)  which  expired  on  4th  March,  1841. 
So  Foster  goes  out  4th  March  '45,  and  Jarnagin,  4th  March  1847. — 
When  Foster  was  nominated,  his  election  coming  on  first,  I  voted  as 
did  Mr.  Nicholson,  for  Wm.  Carroll,  and  when  Jarnagin  was  nomi-  * 
nated,  I,  as  did  Nicholson,  voted  for  John  Blair  of  Jonesboro.  The 
long  agony  of  electing  Senators  is  now  over — but  will  the  Whigs  be 
content?  They  have  ever  shown  themselves  unwilling  to  trust  the 
people.  Will  they  not  according  to  Sneed's  move  the  other  day,  pro- 
ceed by  force  of  their  numbers,  disregarding  the  constitution,  and  the 
people's  rights  in  the  next  election,  to  elect  another  Senator,  Bell  or 
Foster,  for  a  term  of  six  years  to  commence  on  the  4th  of  March, 
1845?     Time  will  show. 

Wrote  to  Ford  of  the  Gazette  what  we  have  done.  Rec'd  letter 
from  Dr.  Smartt  dated  the  15th  (Sunday)  stating  that  my  mother 
is  no  better.  Opened  my  letter  to  C.  C.  Clay  and  informed  him  the 
Senators  were  elected  in  a  postscript.  Sent  of  documents  to,  and 
letter  to  Tom  J.  Williams  of  Cannon,  by  a  Bostonian  named  Dascomb, 
who  goes  to  Cannon  Co.  in  the  morning  to  look  after  some  mountain 
land,  1400  acres,  sold  to  some  Boston  mechanics.  How  the  people 
in  the  East  have  been  cheated  in  our  pretended  Grants  for  mountain 
land  in  Tennessee!  Told  D.  that  his  employers  I  doubted  not,  were 
cheated.  The  1400  acres  purported  to  be  part  of  a  Grant  for  5000 
acres — adjoin  in  gland  of  one  Lane,  on  Beaver  fork  of  Barren  fork 
of  Collin's  river.  Beaver  Creek!  There  is  no  such  creek  in  my 
knowledge.  The  documents  sent  to  Williams,  were  Comptroller's  re- 
port, and  copies  were  sent  to  many  of  his  neighbors. 

Sat  up  sometime  at  night,  but  engaged  in  no  regular  readingl 
Slept  soon. 


Wednesday*  Oct.  18,  1843. 

In  the  morning  wrote  to  Dr.  Smartt  and  Mr.  T.  P.  Argo,  by  W.  H. 
Argo,  requested  Mary  to  relieve  Sally  in  watching  by,  and  in  waiting 
on  mother.  Expressed  my  thankfulness  to  Sally  in  letter  to  Dr. 
Smartt.  Requested  Houston  to  come  down  by  Saturday.  Sent  docu- 
ments to  Ford  (Compt.  Rep.)  to  be  distributed  and  some  to  McBroom 
and  Ben  Bates. 

Wrote  to  Col.  Floyd  the  state  of  things  here — Senatorial  election — 
the  wish  of  Whigs  to  elect  another — and  my  position  upon  Taxation 
question. 

A.  V.  Brown,  M.C.  from  Giles  district,  called  on  me  when  the 
Senate  adjourned  at  10  o'clock  to  attend  funeral  of  Governor  Jones 
child  Hugh  Lawson  White,  and  I  had  much  conversation  about  Presi- 
dency. He  is  of  opinion,  that  if  V.  Buren,  or  his  folks  intend  to  give 
Polk  the  go  by  and  deceive  him,  that  we  must  then  in  N.  convention, 
as  our  members  of  Congress  will  do  at  Washington,  just  let  them  know, 
that  if  they  will  take  Polk  for  Vice  President,  we  will  take  Van  Buren ; 
if  not,  and  they  go  for  Col.  Johnson,  that  then  we  will  go  for  Cass.40 
I  agreed  that  we  ought  to  take  this  stand — and  make  no  nomination 
for  President  in  our  approaching  State  Convention.  He  promised  to 
write  and  keep  me  constantly  advised  of  the  state  of  things  after  he 
gets  to  Washington.  He  promised  also,  that  he  would  get  Maj.  A.  J. 
Donelson41  to  write  to  Mr.  Silas  Wright  and  others,  putting  them  in 
possession  of  our  views. 

Saw  Mr.  Brown  again  at  the  post  office,  at  night,  and  was  informed 
by  Gen.  Armstrong,  that  he  and  Brown  had  seen  Donelson,  who  would 
devote  tomorrow  to  writing  letters  as  above. 

40This  threat  of  a  movement  for  Cass  later  met  with  Polk's  disapproval:  Polk- 
Johnson  Letters,  p.  234. 

^The  nephew  of  Mrs.  Andrew  Jackson,  later  Minister  to  Texas. 


Laughlin  Diaries  71 


Wrote  in  the  evening  to  Gen.  Shields  and  Maj.  Morford  that  Maj. 
L.  D.  Mercer  had  sent  a  Bill  to  me  and  G.  R.  Smartt — the  represen- 
tative from  Warren — providing  for  the  equal  division  of  the  Acad- 
emy Funds  of  Carroll  Academy  at  McMinnville  with  the  Edmondson 
Female  Academy  at  same,  and  asking  their  advice,  and  assuring  them 
that  as  a  citizen  I  was  willing  to  it,  as  friend  of  female  education, 
but  wished  to  do  right,  and  what  might  be  agreeable  to  all  parties 
concerned.  Asked  them  to  confer  with  Mercer  and  advise  me  of  what 
might  be  agreed  upon.  I  also  advised  them  that  bill  had  been  twice 
read  and  passed  in  Senate,  but  that  I  would  proceed  no  further  in  it 
until  I  heard  from  them. 

* 

Went  to  bed  early,  and  without  medicine,  slept  tolerably  well. 
Voted  for  Bill  in  the  evening  for  allowing  poor  families  on  pros- 
pective contracts,  5  sheep  exempt  from  execution. 

Thursday,  Oct.  19,  1843. 

Got  up  soon.  After  breakfast  went  to  Senate  Chamber,  and  pre- 
pared and,  as  member  of  the  Judicial  Com.  report  on  my  court  bill,  as 
ordered  by  Committee.  The  amendments  reported,  were  in  favor  of 
two  Circuit  Courts  annually — no  reduction  of  present  number  of 
circuit,  but  reduction  of  the  salaries  of  Circuit  Judges  from  $1500 
to  $1300  annually — and  for  special  terms  of  the  Courts  where  the 
business  requires  it.  Report  laid  on  table.  This,  I  moved,  that  I 
might  prepare  and  offer,  when  report  is  called  up,  amendments  pro- 
posing to  reduce  the  number  of  Judges,  and  Circuits,  as  well  as  sala- 
ries. 

Mr.  Nicholson  from  Cam.  of  Ways  and  Means1,  made  report  in 
favor  of  general  retrenchment. 

Jennings  introduced  a  Bill,  as  a  party  move,  to  provide  for  paying 
deficit  on  state  debt,  by  subtracting  part  of  school  and  Academy  money 
etc  and  moved  its  reference  to  Select  Com.  This  would  place  him  at 
head  of  Committee,  so  as  to  enable  him  to  make  a  Bunkum  report. 
I  opposed  the  reference  on  the  ground  that  the  same  subject  was 
already  before  the  Com.  of  Ways  and  Means,  where  this  bill  ought 
to  be  sent.  This  proper  Com.  etc.  He  withdrew  his  motion,  and  his 
bill  is  on  the  table,  having  passed  without  objection,  by  rules,  on  first 
reading. 

Reed  letter  from  Hon.  T.  P.  Moore,  of  Harrodsburg,  Ky.  in  answer 
to  mine  of  9th.  giving  his  views  of  Presidency  and  Vice  Presidency. 
His  letter  is  dated  14th  inst.    See  it. 

Wrote  to  H.  L.  Turney,  by  T.  H.  Hopkins,  who  leaves  in  stage  in 
morning  to  attend  to  my  business  at  Court  at  Manchester  (Coffee 
Co)  on  Monday  next,  and  especially  to  attend  to  Hatfields  case  against 
McGowan.  Enclosed  to  him  a  short  note  to  Johnson  Phillips  about  his 
case.  Informed  him  that  I  could  not  leave  here  on  account  of  Francis 
and  Grahams  elections — that  he,  with  Mr.  Hopkins,  who  is  a  can- 
didate here  for  Atto.  Genl.  in  13th  Circuit,  must  save  me  with  my 
clients.     ... 

Col.  G.  W.  Sevier,  through  Mr.  Jennings,  sent  in  letter,  donating 
his  fathers  sword,  voted  to  him  by  N.  Carolina  to  State.  See  Diary 
of  tomorrow. 

* 

Friday,  Oct.  20,  1843. 

i  t  t 

Got  up  early — finished  letter  of  last  night  to  Dr.  Smartt.  Gave  my 
letters  to  Mr.  Hopkins  at  Washington  Hotel.  Went  to  Senate  Cham- 
ber, when  Doorker  brought  in  a  letter  from  Dr.  Smartt  of  Wednesday 
last,  informing  me  that  my  mother  appeared  better. — Went  in  haste, 
and  wrote  a  short  reply  of  acknowledgment — and  thanked  him  and 


72  Documents 


Sally  for  their  attention  to  mother — and  found  Hopkins  and  gave  it 
to  him. 

Went  back  to  Senate,  and  submitted  my  amendment  to  Circuit 
Court  two  terms  Bill,  in  lieu  of  1st  section  of  amendment  reported  yes- 
terday by  myself  from  Com,  on  Judiciary.  This  last  amendment  pro- 
vides for  reduction  of  Circuits  from  14  to  ten — two  terms  annually, 
with  special  terms  when  necessary — and  reduction  of  Judges  salaries 
from  $1500  to  $1300. — The  Bill  to  secure  married  women  in  their  prop- 
erty, was  passed  3rd.  and  last  reading  in  Senate.  Nelson  of  Knox 
submitted  two  answers  in  chancery  from  officers  of  Hiwassee  Railroad 
Comp.  to  suit  brought  against  them  by  Atto.  Genl.  in  name  of  state. 
The  papers  were  copies  of  answers — directed  to  no  one  here — and 
were  perhaps  intended  to  be  imposed  on  the  Genl.  Assembly  as  an- 
swers to  the  Interrogatories  of  the  Gen.  Assembly,  in  my  resolutions 
passed  5th  January,  1842,  and  printed  with  acts  of  Session  1841-2. 
The  papers  were  laid  on  the  table.  Had  the  Journal  of  yesterday 
corrected,  so  as  to  show,  that  it  was  on  my  motion,  that  letter  of  Col. 
G.  W.  Sevier,  transmitting  and  donating  to  the  state  the  sword  voted 
to  his  father  Gen.  John  Sevier  by  Gen.  Assembly  of  N.  Carolina,  for 
his  gallantry  at  Kings  Mountain  in  Revolutionary  war,  was  ordered 
to  be  enrolled  on  our  Journal. 

The  motion  prevailed  unanimously  to  receive  sword,  as  did  my 
motion,  and  also  Dr.  Jenning's  resolve,  as  to  the  manner  in  which 
Col.  Sevier  should  present  the  sword  to  the  two  Houses  when  hereafter 
met  in  Convention  in  the  Hall  of  the  House. 

At  11  Houses  went  into  Convention  to  elect  Registers  for  Mountain 
and  Western  Districts — Dick  Nelson  elected  to  first  without  opposition 
Nine  candidates  were  put  in  nomination  for  Register  of  the  Western 
district  7  Whigs  and  2  democrats.  W.  O.  Butler,  son  of  Dr.  W.  E. 
Butler  of  Jackson,  and  Maclin  Cross,  son  of  John  B.  Cross,  who  lives 
in  McNairy,  were  the  democrats.  After  voting  a  considerable,  But- 
ler's name  was  withdrawn. 

The  Senate  finally  adjourned  without  an  election. 

Saturday,  Oct.  21,  1843. 

Senate  met,  and  but  little  done,  until  the  hour  of  10  came,  when 
Houses  were  to  meet  in  Convention  to  elect  Register — and  at  11  o'clock 
the  Governor  was  to  be  Inaugurated  in  Hall  of  the  House.  Conven- 
tion met,  and  noted  several  times  without  making  an  election.  A 
recess  was  then  had  of  the  Convention  to  prepare  for  the  reception 
of  the  Governor  elect,  and  inaugurate  by  administering  to  him  the 
oath  of  office.  When  the  Convention  was  called  to  order,  His  Excel- 
lency, James  C.  Jones,  the  Gov.  elect,42  accompanied  by  a  joint  com- 
mittee of  the  Houses,  and  by  Rev.  T.  J.  Wheat  of  the  Episcopal  Church, 
and  by  Chancellor  Thos.  L.  Williams,  came  in,  and  by  the  Speaker, 
the  Gov.  Chancllor  [sic]  and  Parson  were  conducted  to  seats  near 
the  Chair,  the  Chancellor  being  placed  on  the  right,  and  the  Parson 
on  the  left  hand  of  the  Gov.  After  a  fervent  prayer  by  Mr.  Wheat, 
the  Governor  delivered  a  short  speech — broached  no  new  doctrin 
declared  no  creed — avowed  no  set  of  principles — but  referred  to  his 
inaugural  speech  of  Oct.  1841 — and  "reaffirmed  and  re-declared"  the 
principles  then  avowed.  He  said  those  opinions  would  bear  "the  test 
of  time  and  scrutiny  of  ages/'  This  is  an  expressly  [sic]  borrowed  and 
badly  quoted  from  the  conclusion  of  one  of  Mr.  J.  Q.  Adams  publica- 
tions against  Mr.  Clay  about  the  fisheries  and  "adjourned  question 
of  veracity"  between  those  great  men.     The  old  Inaugural  of  the 


u"Governor-elect"   for   his   second   term.      He   defeated    Polk  both   in    1841    and   in 
1843- 


Laughlin  Diaries  73 


Gov.  of  1841,  was,  in  a  great  portion  of  its  expressions  and  positions 
borrowed  from  Gov.  Polk's  inaugural  of  1839,  and  was  proved  by  the 
publications  of  both  in  parallel  columns  in  the  N.  Union  in  Oct.  1841. 

The  inauguration  was  a  poor  affair.  Old  Gen.  Gaines  and  lady, 
and  Mrs.  V.  K.  Stevenson  came  in  just  before  the  Gov.  ceased  speaking. 
The[y]  heard  only  the  "peroration  of  his  noration"  [sic] — and  no 
other  ladies  attended.  No  crowded  lobbies  testified  that  anything 
of  moment  was  going  on.  The  Gov.  who  is  proud  of  his  personal 
bearing,  and  is  a  vain  dandy,  appeared  in  a  full  suit  of  Tennessee 
manufactured  silk,  presented  to  him  a  few  days  since  by  the  silk 
company  chartered,  I  believe,  at  the  first  Session  of  the  Assembly 
in  1841-2. 

In  the  evening  saw  W.  H.  Pj^lk  and  Humphreys  together,  and 
agreed  to  meet  on  Monday  evening  at  Judge  Austin  Millers  room,  to 
consult  on  arrangement  of  matters — preparation  of  papers,  Address 
etc,  for  the  state  convention  next  month — and  to  consult  about  proper 
persons  for  Delegates  to  the  National  Convention.  I  suggested  L.  H. 
Coe  and  J.  Blair,  as  the  two  at  large,  corresponding  with  the  number 
of  our  Senators  in  Congress — for  two  Delegates. 

Rec'd  letter  from  Gov.  Polk,  but  had  written  him  last  night,  and 
had  enclosed  T.  P.  Moore's  letter.  Expect  an  answer  by  Monday  as 
that  is  the  day  on  which  he  is  to  leave  his  home  at  Columbia  for 
Mississippi.     .     .     . 

Sunday,  Oct.  22,  1843. 

Rose  rather  late.  It  rained  incessantly  last  night.  Sent  Mr. 
Rawling's  boy  Sandy  with  a  few^Hnes  to  Dr.  Smartt,  and  a  letter 
to  L.  N.  Ford  of  yesterday's  date,  giving  an  account  of  the  inaugu- 
ration. It  will  appear  in  the  Gazette,  McMinnville.  Read  The  Lady 
Alice,  or  Nobleman's  Daughter,  a  Tale  of  Reformation  in  England. 
Scene  is  laid  about  time  of  Cardinal  Wolsey's  downfall,  and  the 
seizure  of  the  Monasteries.  The  characters  of  Hubert,  the  monk, 
who  becomes  a  martyr,  and  of  Alice  are  drawn  with  great  power,  but 
rather  beyond  nature  even  when  supported  by  superstition,  enthusi- 
asm and  fanaticism.  Hubert  has  a  courage  and  virtue  beyond  human- 
ity, and  she  a  fortitude  and  purity  beyond  the  angels.  These  two,  were, 
of  course,  virtuously  and  piously  in  love  with  each  other  without  the 
possibility  of  ever  being  united  on  earth.  He  becomes  a  martyr,  and 
saint,  and  she  dies  broken  hearted,  in  spite  of  religious  resignation. 
After  this,  read,  as  printed  in  same  No.  of  the  Boston  Notion,  [sic] 
Spallatro  the  Robber,  being  the  confession  of  under  sentence  of  death 
to  a  priest.  It  is  a  romantic  and  visionary  tale,  and  if  it  inculcates  any 
moral,  it  is  an  admotion  to  avoid  wine  and  women — these  being  indi- 
cated by  the  red  cup,  and  visionary  female  shown  to  Spallatro  at  his 
dwelling.  It  is  inculcated  by  these  I  think,  but  obscurely,  that  wine 
and  women  carry  men  to  the  devil. 

I  spent  a  rather  unpleasant  day.  I,  however,  about  10  o'clock  in 
the  morning  learned  from  Col.  Boiling  Gordon,  that  the  Hon.  Cave 
Johnson  was  at  the  Inn,  and  wished  to  see  me.  I  waited  on  Mr. 
Johnson.  He  had  been  in  town  all  the  previous  day,  but  I  did  not 
know  it.  We  talked  over  all  the  presidential  and  Vice  Presidential 
prospects,  and  agreed,  that  the  course  I  informed  him  we  expected  to 
take  at  our  State  Convention,  was,  probably  best;  though  he  was 
inclined  to  think  as  good  a  way  as  we  could  do4  would  be  to  hoist  the 
flag  for  Polk  and  Van  Buren.  I  suggested  that  such  would  be  my 
most  ardent  wish  if  we  could  promise  ourselves  success,  or  as  much 
chance  for  success,  as  to  send  our  Delegates  to  Baltimore  next  spring, 
uncommitted  and  unbound  as  to  the  presidency.    I  promised  to  write 


74  Documents 


to  him,  and  he  promised  to  write  me  his  views,  and  last  impressions, 
and  suggestions  as  to  a  Delegate  from  his  district  With  him  and 
A.  V,  Brown,  I  have  agreed  to  keep  up  constant  correspondence  after 
they  leave  for  Washington.     .     .     . 


Monday,  Oct.  23,  1843. 

Got  up  refreshed,  and  after  breakfast  went  to  town  and  Senate 
Chamber.  Resolution  passed,  and  sent  to  the  House,  opening  biddings 
for  public  printing,  on  application'of  W.  L.  Bang  and  Co,  being  the 
journeymen  printers  of  Nashville  offering  to  do  work  for  a  price  as 
low  as  journeymens  wages,  being  greatly  below  other  bids.  Voted 
for  proposal.  Voted  for  Mr.  Powells  proposition  to  tax  Lawyers, 
Doctors,  Dentists  etc.  Mr.  Turney  moved  to  amend  title  of  the  reso- 
lution, so  as  to  make  it  read  as  proposition  to  tax  the  poor.  Voted 
against  this  amendment. 

In  the  evening  attended  the  silk  convention  in  the  Hall  of  the 
House,  by  candle  light.  Dr.  John  Shelby  of  Davidson  was  appointed 
president  for  next  year,  and  [  ]tt 

In  some  remarks  submitted  by  myself,  on  call  of  Mr.  Carden  and 
others,  I  thanked  the  silk  society  for  the  honor  they  had  done  my 
countl,  in  adjudging  the  cacoons  raised  by  Mrs.  Randolph  and  family 
to  be  the  best  that  had  been  brought  to  market  during  the  season. 
I  said  also,  that  I  had  voted  for  the  moderate  silk  bounty  in  the  As- 
sembly in  1841,  and  was  proud  to  see  the  good  effects  of  the  bounty. 
That  I  felt  sure  that  it  was  right  then,  whatever  the  public  state  of 
our  finances  may  require  us  to  do  now.  The  silk  business  as  a  branch 
of  domestic  industry — as  a  meritorious  branch  of  Household  industry, 
which  never  can  become  a  monopoly — in  which  all,  rich  and  poor,  old 
and  young,  may  freely  participate,  is  now  established  upon  a  sure 
footing.  I  said  further,  that  the  practicability  of  success  in  the  silk 
growing  and  manufacturing  business  no  longer  rested  upon  conjec- 
ture and  theory,  but  was  demonstrated  by  the  rich  specimens  of  silk, 
cacoons,  eggs,  and  manufactured  article,  consisting  of  satins,  vest- 
ings,  velvets,  plain  and  figured  hose,  gloves,  etc.  Now  spread  out  on 
tables  before  the  Convention.  I  said  that  success  in  the  silk  business 
in  the  United  States,  was  a  verification  of  the  prophetic  anticipations 
of  our  ancesters  [sic].  Even  before  the  Revolution,  in  early  colonial 
times,  success  and  profits  in  this  business  had  been  looked  to  with 
confidence  by  many  colonists,  and  especially  those  of  Maryland  and 
Georgia,  one  being  one  of  the  oldest,  and  the  other  one  of  the  young- 
est of  the  Colonies.  Since  that  question  of  bounties — which  had  been 
allowed  by  17  states — was  before  the  Assembly  in  1841,  I  had  noticed 
and  noted  these  facts,  and  now  adverted  to  them  with  pleasure.  I 
concluded  by  saying,  that  I  looked  upon  the  success  of  the  silk  business 
in  Tennessee  was  now  certain.  The  delusion  of  the  morus  multicaulus 
humbug  has  passed  away,  and  the  whole  business  has  assumed  a  prac- 
tical aspect.  No  man,  said  I,  more  ardently  desires  to  see  the  success 
of  this  enterprise  than  myself;  and  I  am  particularly  proud  to  see  the 
advance,  which  the  mountain  district  has  made  in  this  business.  War- 
ren, Coffee,  Cannon  and  White  Counties  have  sent  rich  specimens  of 
silk  to  market — they  are  before  the  Convention.  That  district,  with 
which  I  am  politically  and  socially  connected,  in  time,  said  I,  will,  from 
her  soil,  water  power,  health,  and  other  advantages,  hereafter  become 
a  flourishing,  a  prosperous  manufacturing  region.  She  will,  though 
we  may  not  live  to  see  it,  hereafter  have  her  Lowells,  Patersons,  and 
Steubenvilles — the  falls  of  the  Caney  Fork,  the  falls  at  Stone  Fort, 
on  Piney,  and  a  hundred  other  points  on  the  rivers  of  the  Mountain 

«*Blank  in  Ms. 


Laughlin  Diaries  75 


District  present  the  best  sites  for  water  power  and  manufacturing 
establishments  in  the  whole  great  South  West.  So  I  concluded. — 
Went  home  late,  to  Mr.  Kizers,  and  slept  well. 

On  this  day,  the  election  of  Register  was  completed.  The  contest 
was  narrowed  down  until  none  but  W.  W.  Searcy  of  Carroll,  and 
R.  Elder  of  Gibson  were  in  nomination.  Then  Elder  beat  Searcy,  by 
vote  of  54  to  40.  I  voted  for  Searcy — both  beings  Whigs — because 
he  is  a  cripple,  and  has  a  large  needy  family. 


Tuesday,  Oct.  24,  1843. 

Slept  late  and  soundly,  and  got  up  and  went  to  Senate.  I  introduced 
A  Bill  to  tax  Gold  watches,  plate,  paintings  and  Jewelry  at  5  pr.  cent 
on  value  where  over  $50 — and  to  tax  pianos  2  per  cent  on  value,  except 
where  used  in  schools,  Academies,  and  by  teachers  in  giving  instruc- 
tions in  music. 

Rec'd  letters  from  J.  W.  Ford,  communicating  a  No.  of  Sparta 
Gazette  of  21st  instant,  containing  a  communication  from  John  B. 
Rodgers  as  to  course  of  himself  and  Whig  party  in  the  Assembly  on 
Seat  of  Government  question — and  a  letter  from  Dr.  Smartt  advising 
me  that  my  mother  is  improving  in  health.  At  night,  wrote  letter  to 
L.  N.  Ford  for  publication  about  silk  business  and  Convention.  Also 
wrote  an  Answer,  signed  "Collins  River,"  addressed  to  Editor  of  Cen- 
tral Gazette,  and  enclosed  it  in  letter  to  Mr.  Ford  to  be  published  next 
Friday. 

Rec'd  a  letter  from  Gov.  Polk,  dated  22nd.  instant,  re-enclosing 
to  me  Maj.  T.  P.  Moore  of  Harrodsburg,  of  15th.  instant — all  on  sub- 
ject of  the  Presidency  and  Vice  Presidency,  National  Convention — 
our  State  Convention  and  Delegates.  Talked  with  R.  W.  Powell,  and 
urged  him  to  accept  appointment  of  Delegate  to  N.  Con.  from  1st. 
Cong,  district — with  A.  Johnson44  as  alternate.  Urged  him  to  write 
to  John  Blair  of  Jonesboro  and  get  him  to  agree  to  serve  as  one  of 
the  Delegates  for  the  State  at  large — L.  H.  Coe  being  the  other. 

In  the  evening  went  to  the  Room  prepared  near  Union  office 
(after  supping  at  Mr.  Rawlings)  for  consultation  with  Democrats. 
A  meeting  had  been  appointed  to  consult  on  preliminary  measures 
preparatory  to  sitting  of  State  Convention.  It  rained  so  much  that 
but  few  came.  Mr.  Nicholson  came  late.  All  went  away  and  ap- 
pointed tomorrow  evening  for  meeting.  It  was  at  this  room  I  wrote 
to  Ford  as  before  stated.  Slept  at  Rawlings,  and  read  in  Richmond 
Equirer  before  going  to  sleep,  money  article  from  N.  York  Herald  on 
Tariff  and  banking  etc.  These  able  articles  are  written  by  Mr.  Ket- 
tell  of  N.  Y.  Richie  [sic]  calls  on  him  for  information  as  to  effect 
of  Tariff  of  1842.  It  was  stated  in  a  Whig  paper  which  I  read,  that 
a  Mr.  Raymond  (one  of  the  Editors  of  the  New  York  Tribune)  is 
the  author  of  the  Life  of  Henry  Clay  prefixed  to  the  late  edition  (se- 
lection) of  his  speeches. 

Wednesday,  Oct.  25,  1843. 

Rec'd  letter  from  C.  C.  Clay  (Judge  of  the  Supreme  Court  of 
Alabama,  formerly  Gov.  and  Senator  and  representative  in  Congress 
from  that  State  [)]  dated  Oct.  21,  1843 — acknowledging  mine  of  the 
17th  instant,  on  the  subject  of  the  Presidency  and  Vice  Presidency — 
informs  me  that  he  [is]  friendly  to  Polk  and  Col.  W.  R.  King.  Wrote 
letter  to  Hon.  Nathaniel  Terry  of  Limestone  Co.  Al.  on  the  subject 
of  Gov.  Polk's  claims  to  the  Vice  Presidency,  rec'd  letter  from  Dr. 
Smartt.  At  night,  at  Kizer's  read  the  commencement  of  Miss 
Bremer's  President's   Daughter's,  translated  by  Mrs.   Mary  Howett. 

^Andrew    Johnson,    of    Greeneville,    elected    in    1843,    Representative    in    Congress 


7<>  Documents 


Good  book  I  believe.  Fredericks  Bremer  and  Mary  Howett,  for  their 
naturalness  and  love  of  domestic  life  and  rural  scenes  are  my  favorite 
authors,  in  petticoats,  of  the  present  day.  Got  a  variety  of  news- 
papers from  Union  office,  Missourian — St.  Louis  Reporter  etc.  show- 
ing the  split  which  old  Shadrack  Penn  is  trying  to  make  in  the  demo- 
cratic party  in  that  state.  The  Missourian,  which  I  will  transfer  to 
my  Scrap  Book,  contains  Col.  Benton's  Speech  at  St.  Louis,  and  pro- 
ceedings of  city  authorities  on  death  of  Dr.  Linn  (Lewis  F.)  Senator 
in  Congress  from  that  state. 

Slept  with  Houston,  and  slept  well.  In  course  of  day  debate 
sprung  up  upon  report  made  by  Mr.  Cullom  as  chairman  of  Com, 
on  Banks,  rejecting  appointment  of  Commissioners,  and  recommend- 
ing examinations  of  officers  of  banks  on  oath  before  examining  Com- 
mittee of  members.  Took  part  in  debate.  Plan  of  Committee  is  the 
same  which  I  was  in  favor  of  in  1841,  when  Gov.  Jonesf  recommenda- 
tion of  Commissioners  was  rejected.  The  reasons  of  committee  are 
the  same  I  then  gave  in  a  published  speech  at  called  session  in  1842, 
when  the  recommendation  was  renewed  by  Gov.  Jones.  See  debate 
of  this  day  in  next  Banner  and  Union,  of  the  dates  of  tomorrow  and 
next  day. 

Thursday,  Oct.  26,  1843. 

Got  up  refreshed.  Received  letter  from  T.  H.  Hopkins,  from 
Coffee,  advising  me  that  H.  L.  Turney  was  sick  and  could  not  attend 
to  my  law  business  at  Manchester.  That  my  friends  there  approved 
of  my  course  on  seat  of  Govt,  question. 

Reed  letter  of  11th.  October,  1843,  from  my  friend  Jonathan  King, 
near  Abingdon,  Va.  Informs  me  that  his  eldest  daughter  is  married 
(fall  of  1842)  to  a  son  of  Benj.  Pemberton — that  David  Vance  has 
gone  to  Mississippi.  That  land  is  dear  etc.  This  friendly  letter 
I  will  answer. 

My  Two  Term  Circuit  Court  Bill  came  up — my  amendment  for 
reducing  circuits  from  14  to  10,  and  Judges  Salaries  to  $1200  per  ann. 
was  rejected — and  amendment  of  Committee  on  Judiciary,  providing 
for  two  terms,  special  terms,  and  reducing  salaries,  without  reducing 
member  of  circuits  was  adopted  and  Bill  passed  a  second  reading. — 
I  voted  for  my  amendment,  and  loosing  [sic]  that,  I  voted  for  Com- 
mittees amendment,  and  pasage  of  Bill. 

The  Bill  restoring  spring  Musters  came  up,  and  passed  2nd.  read- 
ing, I  voting  for  it  as  instructed  by  Gen.  Patton's  letter. — Spent  pleas- 
ant evening  at  home,  reading  and  cutting  pieces  out  of  newspapers 
for  Scrap  Book,  and  Miss  Bremer's  Presidents  Daughters.  .  .  .  Found 
Houston  at  home.  Fear  he  is  not  reading  to  advantage.  Talked 
with  Ellen  and  Kizer  about  trying  to  get  Dr.  Smith,  a  young  Yankee 
to  Hickory  Hill  to  teach  my  boys.  Fear  it  will  "cost  more  than  it 
will  come  to." 

In  Senate  Gen.  Cocke  was  severe,  angry,  and  showed  effects  of 
age,  in  quarreling  with  Mr.  Gordon  on  Bill  incorporating  Dandridge. 


Friday   Oct.  27,  1843. 

Felt  well  all  day.  No  matter  of  much  import.  The  Bill  to  restore 
spring  musters,  Company  and  Batallion,  called  up  and  passed  on 
motion  of  Mr.  Ross  of  Lincoln.  I  voted  for  it;  and  informed  Mess. 
Trott  and  Smartt  of  Gen.  Patton's  letter  on  subject.  Read  some  in 
Bremer's  Presidents  Daughters.  Saw  Mr.  Sam  Smartt,  who  was 
staying  at  Washington  Hotel  (Hallum's)  and  he  promised  to  take 
letters  etc.  for  me  in  the  morning. 


Laughlin  Diaries  77 


In  the  evening  wrote  to  L.  N.  Ford,  about  retrenchment — my 
Court  bill  etc,  and  to  my  father  and  Dr.  Smartt.  Sent  Report  of  Com. 
of  Ways  and  Means  to  Gen.  Smartt,  L.  D.  Mercer,  Dr.  Paine,  Dr. 
Smartt  etc,  with  my  objections  to  taxes,  and  reduction  of  the  school 
appropriations  endorsed  on  back  of  them.  Wrote  my  father  about 
work  on  my  House,  and  asked  him  and  Dr.  Smartt  to  send  a  barrel 
of  potatoes  by  first  passing  wagon  to  as  here,  for  use  of  Ellen  as 
specimen  of  our  Mountain  produce;  and  so  that  I  might  send  shoes 
to  my  negroes.  Sent  coarse  pair  to  son  John  by  Mr.  Smartt. 
Asked  to  be  constantly  informed  of  state  of  my  mother's  health,  and 
informed  father  of  condition  of  all  our  family  here,  and  contents  of 
Jonathan  Kings  letter.  Read  more  in  Miss  Bremer.  She  is  charm- 
ing writer.  I  am  disposed  to  pitty  [sic]  and  love  poor  Edla  instead  of 
hating  or  blaming.     .     .     . 

Bill  to  run  and  better  define  line  between  Warren  and  Marion 
Counties,  laid  on  table  at  request  of  Speaker  Anderson.  At  his  re- 
quest, I  had  introduced  the  bill  but  had  made  it  discretionary  with  the 
County  Courts  of  the  Counties,  both  concerning,  to  appoint  surveyor, 
and  have  such  parts  of  line  run  as  were  uncertain,  and  unmarked, 
but  to  be  run  according  to  calls  of  the  old  laws  fixing  and  creating 
the  Counties  and  their  boundaries.  This  does  not  seem  to  suit  Ander- 
son; hence  I  suspect  he  or  his  constituents  who  have  petitioned  (mine 
have  not  petitioned)  want  some  of  our  Territory,  and  I  gave  him 
notice,  when  Bill  was  laid  on  table,  that  I  would  consent  to  no  mode 
of  re-running  line,  but  the  manner  specified  in  the  Bill. 

This  day  Mr.  Sneed  from  Committee  on  Finance,  reported  against 
the  relief  prayed  for  by  Audley  Harrison  and  others,  and  securities 
of  John  Grove,  late  sheriff  of  Warren.  I  had  introduced  a  Bill  for 
their  relief,  which  with  the  petition,  had  been  referred  to  that  Com- 
mittee. The  Bill  provides  that  on  securities — Harrison  is  the  person 
who  must  do  it — paying  up  full  arrearages  of  Grove's  defaulcation  of 
state  tax  due  the  Treasury,  it  being  a  balance,  the  interest  shall  be 
remitted  on  such  balance.  The  petitioned  signed  by  Squire  Harrison, 
as  one  of  the  securities,  and  by  J.  P.  Thompson,  Jos.  N.  Carter  and 
R.  A.  Campbell  on  his  behalf,  sets  forth  that  Harrison  has  long  since 
paid  $1100  or  $1200  for  Groves  defaulcation  of  County  taxes — and 
never  knew  of  balance,  because  no  official  claim  had  been  set  up,  until 
lately  of  the  balance  now  claimed  by  state,  or  it  would  have  been  long 
since  paid.  The  petition  stated  Grove  to  be  hopelessly  insolvent,  and 
that  whole  loss  must  fall  on  Squire  Harrison.  Hence,  the  prayer  for 
remission  of  interest. — On  my  motion  report  was  laid  on  table,  to 
see  if  further  proof  and  reasons  could  be  produced  in  favor  of  re- 
mission by  petitioner  before  the  report  was  concurred  in  and  claim 
rejected.     Will  write  to  Squire  Harrison  on  Sunday  next. 

Went  to  bed  early,  and  slept  well. 

Saturday,  Oct.  28,  1843. 

Went  to  Senate  Chamber  early.  Read  Nashville  Whig,  and  sent 
Messenger,  young  Ferriss  to  Whig  office,  to  have  report  of  my  re- 
marks on  Thursday  last  corrected  as  to  Circuit  Court  bill,  where  he 
makes  me  speak  as  though  there  were  but  12  circuits  in  the  state, 
whereas  there  are  14.  Saw  reporter,  who  said  correction  would  be 
made. — Many  Senators  were  absent,  Gordon  Martin,  Allen  etc.,  and 
Sneed  got  leave  of  absence.  Bill  to  make  property  exempt  from  from 
execution  for  debts  liable  for  taxes,  came  up.  It  had  been  introduced 
by  Nicholson.  I  spoke  against  it — It  was,  on  motion  of  Mr.  Turney, 
indefinitely  postponed.  Saw  Dr.  Young,  and  told  him  Jas.  K.  Polk 
had   written   letters  here,  urging  his  re-election,  and  trying  to  per- 


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suade  W.  H.  Polk  to  go  for  him. — Maj.  Trott  told  me  in  the  evening 
of  sparring  he  had  had  in  course  of  the  day  with  Speaker  Barringer. 
Saw  Nave  of  Carter  in  evening  who  told  me,  that  Speaker  Barringer 
was  threatening  to  have  Mulloy,  reporter  of  the  Union,  removed  from 
a  place  in  the  House,  because  in  reporting  the  proceedings  of  yester- 
day or  day  before,  he  had  stated  that  most  of  the  democratic  mem- 
bers in  the  House,  voted  against  Barringers  motion  to  strike  out  of 
resolutions  instructing  bank  Committee  that  portion  which  required 
the  politics  of  borrowers  at  bank  and  branches  to  be  disclosed.  Nave 
said  that  he  would  have  so  voted,  and  that  many  Whigs  would  have 
so  voted,  as  well  as  democrats,  but  that  the  speaker  to  sustain  his 
own  motion,  had  decided  in  haste.  I  asked  several  democrats,  Bobo 
among  others,  and  they  all  said  the  democrats  were  against  striking 
it  out.  The  charge  of  the  speaker  is,  that  the  report  is  false  in  stat- 
ing that  the  democrats  mostly  so  voted.  I  have  no  doubt  it  is  true; 
and  that  they  will  nearly  to  a  man  so  vote  when  called  to  vote.  The 
Democrats  in  the  Senate  so  vote.  This  conversation  with  Mr.  Nave, 
who  showed  the  report  in  the  Union  of  to-day  to  Bobo  and  myself, 
was  at  Mr.  Rawlings,  where  I  stayed  all  night  in  room  with  Nave 
and  Bobo.— 

After  supper  went  with  some  friends  to  meeting  of  Nashville 
Democratic  Association.  I  first  went  to  Gen.  Armstrong's,  who  told 
me  that  he  feared  that  A.  Ewing  and  others,  possibly  at  instance 
of   Mr.   Senator   Nicholson,  had   intentions  of  stirring  the  question 

of  preference  and  question  of  availability  as  to  the  different  candi- 
dates for  the  Presidency  at  the  meeting.  I  agreed  with  him  that 
every  such  discussion  was  premature,  and  promised  to  suppress  it 
if  I  could  in  the  meeting.  Before  meeting  was  organized,  I  men- 
tioned to  Mr.  Mosely,  Maj.  Hollingsworth,  Dr.  Kenny,  Messrs.  Crouch 
and  Milligan,  Sam  Turney  and  others,  that  all  such  discussions  in 
my  opinion  should  be  avoided. 

The  meeting  appointed  committees  to  arrange  for  the  Davidson 
County  meeting  on  1st  Monday  in  November;  to  prepare  resolutions, 
etc. 

Mr.  Haynes,  a  member  of  the  Association,  Mr.  A.  Ewing  in  the 
chair,  made  an  excellent  speech  against  admitting  members  who  did 
not  subscribe  the  constition  [sic],  and  concur  in  objects  of  the  asso- 
ciation.    Hollingsworth  and  Mosely  both  spoke  to  same  effect. 

After  this  business  was  done,  Mr.  Ewing  called  on  me  for  a 
speech.  I  replied,  in  responding,  that  I  came  there  to  learn  and 
hear — to  approve  of  the  objects  of  the  association,  and  for  improve- 
ment and  not  to  speak.  I  said  that  it  had  been  now  over  ten  years 
since  I  first  became  associated  with  the  democracy  of  Davidson 
publicly.  That  while  I  had  lived  here,  I  had  fought  with  them,  es- 
pecially after  the  great  split  in  the  party  in  1835;  and  that  since 
my  lot  had  been  cast  elsewhere,  I  had  still  been  with  them,  heart 
and  hand,  for  the  promotion  of  our  principles.  I  said  that  I  had 
never  disagreed  with  them  but  upon  one  great  local  question,  lately 
decided — that  I  had  been  against  their  local  and  personal  wishes  on 
that  subject  at  all  times,  and  had  separated  in  it  with  many  of  my 
best  and  dearest  friends  whose  personal  and  local  interests  were 
here — that  I  did  this  with  regret  but  with  a  clear  sense  of  public 
duty — the  good  o  fthe  people  of  the  state — the  good  of  the  great  body 
of  the  democratic  party,  and  in  obedience  to  the  express  will  of  those 
of  whom  I  had  been  for  years  the  humble  representative,  and  from 
my  own  convictions  of  Justice  and  right;  and  that  if  I  had  not, 
under  these  circumstances,  differed  with,  and  endeavored  by  all  fair 
and  honorable  means  to  defeat  the  wishes  and  views  of  the  loccal 


i 


Laughlin  Diaries  79 


[sic']  democracy  of  Nashville  and  Davidson  County,  dearly  as  I  held 
them  in  personal  estimation,  I  should  have  richly  deserved  the  scorn 
and  contempt  of  every  old  personal  and  political  friend  who  now 
hears  me — of  every  good  man  of  our  party  everywhere — I  need  not 
say  that  I  alluded  to  the  seat  of  Government  question  lately  settled. 

I  expressed  my  approbation  of  the  plan  of  the  association,  and 
that  it  deserved  imitation  everywhere.  I  exhorted  our  friends  to 
keep  down  and  eschew  every  discussion  which  might  divide  us — all 
disagreements  about  preference  of  Presidential  candidates.  I  said, 
that  if  we,  in  the  contest  of  next  year,  can  have  Jas.  K.  Polk's  name 
on  our  ticket,  as  a  lieutenant  Genl.  Commanding  the  division  of  the 
republican  army  composed  of  the  democracy  of  Tennessee,  that  we 
would  whip  the  Whigs  whether  their  Grand  Army  was  commanded 
by  the  Hero  of  the  Slashes  and  Mealbags —  Judge  McLean  in  his 
judicial  robes,  or  Gen.  Scott  adorned  with  his  epaulettes  and  military 
badges. — I  advised  the  admission  of  members  into  this  association, 
who  could  give  in  proper  experiences,  and  subscribe  the  constitu- 
tion— but  all  who  knocked  for  admission,  without  being  able  to  give 
in  a  proper  confession  of  faith  I  advised  that  the  answer  should  be 
given,  given  to  the  fellow  who  applied  for  admission  into  the  baptist 
church  at  Rock  Springs,  that  we  have  quit  taking  in — and  told  the 
anecdote. 

Dr.  Kenny  spoke  to  same  effect,  and  said  he  would  advise  his 
friends  to  establish  such  an  association  as  this  at  Jonesboro.  He  said 
not  [sic]  was  not  proper  time,  in  his  judgment,  for  us  to  disagree 
about  or  discuss  our  preferences  for  the  candidates  for  Presidency.  He 
said  such  associations  as  this,  all  over  the  State,  would  enable  us  to 
overthrough  the  Whig  party — and  especially  the  party  here,  who 
were  dominant,  and  had  made  Nashville  a  political  Sodom  and  Go- 
morrah of  Whiggery. 

Mr.  Sam  Turney  on  being  called  on,  said  all  knew  he  was  a 
true  democrat — that  to  get  along  at  home  he  had  been  compelled 
like  a  hewer,  to  strike  along  an  exact  line.  He  said  that  if  Van 
Buren  was  to  be  our  next  candidate  for  President  we  could  gain  no 
strength  in  his  country,  but  loose  votes.  He  thought  Cass  more 
available.  He  said  he  thought  we  ought  to  speak  out — he  saw  noth- 
ing wrong  in  it,  and  not  restrain  ourselves  as  had  been  suggested 
by  myself  and  Kenny. 

I  replied  to  him,  that  we  were  not  here  as  a  convention  to  make 
nominations,  nor  as  a  primary  meeting  of  the  people  to  pass  reso- 
lutions expressive  of  preferences;  that  such  discussions  were  prema- 
ture, and,  I  believed,  especially  improper,  as  any  disagreement  among 
ourselves  would  be  instantly  known  across  the  street,  by  the  Whig 
Editors  and  newspapers  who  would  roll  our  dissentions  as  sweet 
morsels  under  their  tongues. 

Mr.  Ross  of  Lincoln  on  being  called  on,' addressed  the  meeting. 
Approved  of  the  association,  and  the  good  it  may  do  by  disseminating 
correct  information  in  discussions  and  through  the  press.  Spoke 
of  the  cart  loads  of  Whig  Banners  which  had  been  sent  into  his 
district   (Franklin  and  Lincoln)   during  last  summer. 

The  meeting  adjourned,  with  the  understanding,  that  the  Society 
would  meet  on  the  evening  of  Saturday  next,  and  discuss  the  Tariff 
question,  if  members,  or  members  of  the  legislature  would  attend 
and  give  their  views  in  short  speeches. 

Received  letters  from  Dr.  Smartt  and  Mary  Argo  in  the  evening, 
hers  of  the  26th — his  of  the  27th  inst.  My  mother  no  better.  Mary 
asks  advice  if  Mr.  Argo  had  not  better  sell  Mose,  to  raise  means  to 
begin   some  business.     I  will  answer  expressly  no*     If   Mr.   Argo 


80  Documents 


should  die,  Moses,  as  a  servant,  must  be  nearly  all  poor  Mary's 
dependence  for  support.  Now  he  is  out  of  reach  of  Mr.  Argo,  and  his 
creditors. 

Bill  for  calling  in  branch  banks,  unless  they  make  6  pr  cent,  read 
second  time,  amended  on  my  motion,  to  provide  for  buying  state 
bonds  at  lowest  rates. 

Sunday,  Oct.  29,  1843. 

Slept  at  Mr.  Rawlings'  after  attending  the  meeting  of  Demo- 
cratic Association.  Breakfasted  before  I  went  home  to  Kizer's. 
Maj.  Bobo  told  me  of  his  diffence  [sic]  with  Senator  Ross  of  Anderson. 
He  also  requested  me  to  prepare  for  him  a  minority  report  to  be 
presented  to  House  on  Tuesday  next,  in  one  expected  of  Maury  as 
Chairman  of  Com.  on  Federal  Relations  in  the  House  on  that  day, 
on  subject  of  mode  of  electing  Senators  to  Congress.  After  I  went 
home,  wrote  up  Diary,  and  read  Miss  Bremer's  Presidents  Daughters 
— a  work  of  excellent  moral  and  religious  tendency.  ...  At 
night  wrote  letters  to  Judge  Marchbanks  and  Mr.  T.  H.  Hopkins 
at  Manchester — and  to  Audley  Harrison  about  his  claim  for  re- 
mission of  interest.  Also  sent  him  N.  Union  of  yesterday.  In  the 
evening  also  read  more  of  Miss  Bremer.  I  am  absolutely  in  love 
with  her  as  well  as  her  translator  Mrs.  Howitt,  the  English  Quaker- 
ess.   Slept  soon. 

Monday,  Oct.  30,  1843. 

In  course  of  day  Judge  N.  Green  applied  to  me  in  Senate  Cham- 
ber to  agree  for  Atto.  Genls.  election  to  come  on  next  Monday  in 
13th  (Marchbank's  Circuit)  Circuit.  Told  him  I  had  written  to  Mr. 
T.  H.  Hopkins  yesterday  at  Manchester,  that  election  would  not 
come  on  for  sometime;  and  that  I  could  consent  to  no  day,  as  far  as 
I  was  concerned,  I  wished  to  consult  Mr.  H.  and  his  friends  and  would 
again  write  to  Mr.  Hopkins.  This  I  did  in  the  course  of  the  day, 
and  requested  Mr.  H.  to  come  here  by  next  Sunday  or  Monday. — 
Today  resolution,  offered  by  Dr.  Jennings,  was  passed  to  go  into 
election  of  Treasurer  and  Comptroller  on  the  1st.  Nov.  prox.  sent  to 
House.  Wrote  to  Capt.  A.  L.  Davis  about  state  of  Bank  question 
here — and  asked  indulgence  of  him  and  Capt.  Young,  President 
of  Branch  Bank,  Sparta,  in  renewing  my  notes.  Promised  Maj. 
Bobo  to  prepare  a  counter  report  on  mode  of  electing  Senators  in 
Congress. — Read  Miss  Bremer;  and  Humes  letter  on  Free  Trade  in 
Lynchburg  Virginian;  and  Kettells  response  to  Ritchies  inquiries, 
taken  from  Money  article  of  N.  York  Herald  of  10th  and  11th  inst. 
Bought  coat  for  son  of  Melas  the  Jew. 

Tuesday,  Oct.  31,  1843. 

Nothing  new  in  course  of  the  day.  A  joint  resolution  was  passed 
by  Senate,  for  which  I  voted,  declaring  it  proper  to  reduce  Secretary 
of  State's  salary  to  $700 — Treasurer  to  $1,200 — and  Comptrollers  to 
$1,500.  Saw  Maury's  report  to  House,  shown  me  by  Bobo,  on  elec- 
tion of  U.  S.  Senators,  from  Com.  of  House  on  Federal  Relation 
recommending  method  of  electing  by  joint  vote  in  convention  of  the 
two  Houses.  It  is  grounded  upon  custom  and  precedent  and  be- 
cause it  is  surest  way  of  choosing  Senators  so  as  to  conform  to  the 
will  of  a  majority  of  the  people. — Promised  Maj.  Bobo  to  prepare 
a  minority  report,  counter  to  the  above,  as  early  as  I  can,  so  as  to 
do  justice  to  the  subject.  In  course  of  day  hunted  up  my  Protest 
on  same  subject  in  Senate  Journal  of  1841-2,  at  pagre  315  et  sequiter; 
and  yet  need  Gardner's  speech  in  1841,  and  Clay's  speech  on  Bank 


Laughlin  Diaries  81 


► 


charter  in  1811,  showing  that  legislature  precedents  are  of  no  au- 
thority, and  serve  only  to  "confirm  error  and  perpetuate  usurption." 

In  evening  bought  Anthon's  edition  of  Hughes'  Tract  in  answer 
to  Puseyite&,  from  Billings.     It  is  entitled   [  ]i5  and  is  founded 

on   the   authority   of  many   Bishops   and   their   Pastoral   charges   in 
1840-1-2  and  1843. 

.  .  I  received  Central  Gazette  of  last  Friday,  having  my 
ciece  signed  Collin's  River  in  reply  to  Gen.  Rodger's  letter  in  Sparta 
Gazette  about  seat  of  Government  question. 

At  night  wrote  to  Ford  about  election  of  Treasurer  and  Comp- 
troller— also  to  Van  Pelt — date  as  of  tomorrow,  on  same  subject — 
and  doing  justice  to  Graham's  and  Francis'  claims.  Commenced 
counter  report  for  Bobo.  Wrote  till  12  o'clock,  did  not  finish,  and  had 
no  time  to  read  anything.     I>:^  not  sleep  well. 

Wednesday,  Nov.  1,  1843. 

This  morning  after  arising  early  and  revising  my  last  nights 
letters,  sent  them  to  post  office,  and  hastened  to  Senate  Chamber. 
Reed,  letter  from  Dr.  Smartt  of  the  30th.  ult.  (Monday  morning) 
informing  me  that  mother  is  no  better  in  health.  I  am  greatly  dis- 
tressed, and  borne  down  by  my  sorrows.  Everything  aff[l]icts  me. 
If  I  could,  without  dishonor,  resign  my  seat  here  and  go  home,  how 
gladly  would  I  do  it. — At  ten  o'clock,  the  Houses  met  in  convention 
to  elect  a  Treasurer  and  Comptroller.  The  election  Comptroller 
came  on  first,  and  was  decided  between  D.  Graham,  nominated  by 
W.  H.  Polk,  and  Zollicoffer,  nominated  by  Mr.  Cocke,  by  a  party  vote, 
except  Shirrell  Whig  of  Bledsoe,  and  Sneed  Whig  of  Rutherford, 
voted  for  Graham  democrat;  and  Gordon  of  Maury,  and  Gordon 
of  Hickman,  democrats,  voted  for  Zollicoffer  Whig. — The  election 
of  Treasurer  was  then  postponed  by  convention  on  motion  of  Mr. 
Cullom,  by  vote  of  53  to  47,  to  20th  Nov.  inst.  All  the  Whigs  voted 
for  postponement  but  Shirill  of  Bledsoe. 

Debate  sprung  up  in  Senate  on  Turney's  motion  to  strike  out 
the  section  of  retrenchment  bill,  the  provision  for  taxing  Judges 
salaries.  Allen  and  Harris  spoke  in  favor  of  striking  out.  Powell, 
Nicholson  and  myself  in  favor  of  retaining,  claiming  power  under  the 
constitution  of  Tennessee,  to  tax  the  salaries  as  income  or  privileges. 
Nelson  spoke  against  it — or  in  doubt.  Cullom  was  for  taxing.  I 
spoke  in  favor  of  taxing  Judges,  Lawyers  and  Doctors.  Gen.  Cocke 
was  for  the  power.  Gordon  against  taxing  Judges.  Wrote  to  Ford 
of  Central  Gazette  at  home,  and  Van  Pelt  of  Appeal  at  Memphis, 
about  the  proscription  of  Graham.  Read  papers,  and  felt  not  well — 
but  with  small  anodyne  pill,  slept  well.  Maj.  Donelson  showed  me 
letters  he  had  written  to  Moses  Dawson,  Hon.  W.  Allen,  and  Gov. 
Polk  about  Vice  Presidency — but  said  from  movements  of  Andrew 
Ewing  and  others,  he  did  not  know  whether  to  send  them — their 
course  was  ruinous  to  Polk  and  dem.  party  here. 

Thursday,  Nov.  2,  1843. 

Introduced  in  Senate  and  had  read  Petition  from  Trap  [  ]48 
of  Smith  praying  to  be  annexed  to  DeKalb  according  to  line  run  by 
Thomas  Durham,  which  I  had  read,  and  transmitted  to  H.  of  R. 
The  Bill  came  up  again  to  tax  Judges  etc  on  motion  of  Mr.  Turney. 
Nicholson  spoke  at  large,  and  the  debate  was  generally  renewed,  and 
motion  to  strike  out  tax  on  Judges  and  lawyers  and  Doctors,  made 

"Blank  in  Ms. 
^Blank  in  Ms. 


82  Documents 


by  Mr.  Turney  was  rejected — and  then  the  Bill  was  rejected  on  a 
tie  vote  of  12  and  12  Mr.  Graham  absent.  Mr.  Ross  of  Anderson 
made  a  motion  to  reconsider  the  Bill  which  lies  on  the  table. 

The  two  Term  Circuit  Court  bill  was  taken  up,  and  several  efforts 
made  to  strike  out  that  part  reducing  the  Judges  salaries,  on  motion 
of  Sneed,  Cullom  etc.  After  these  failures,  it  was  laid  on  table  to 
give  gentlemen  time  to  arrange  the  times  for  the  sitting  of  the  Courts 
in  the  respective  circuits.  Mr.  Martin  of  Wilson,  while  the  Bill  was 
under  discussion,  offered  an  amendment  to  abolish  the  Chancery 
Courts,  and  confer  the  Jurisdiction  on  the  Circuit  Courts.  The 
amendment  was  rejected  on  a  vote  of  ayes  9,  Nays  16. 

Commenced  reading  Minna,  another  of  Miss  Bremer's  admirable 
Tales. 

Friday,  Nov.  3,  1843. 

The  Senate  were  engaged  good  part  of  the  day — particularly  the 
Whigs,  in  fixing  up  their  resolutions  for  the  proposed  Bank  inves- 
tigation. Farringdon's  amendment  prevailed  over  Sneeds,  to  ap- 
point three  men  in  each  bank  district  to  make  an  examination,  and 
report  to  the  present  Assembly.  For  Sparta  district,  Bransford, 
Minnis  and  Ned  Cullom  were  in  the  amendment,  but  on  my  motion, 
Jas.  P.  Thompson  was  put — and  Maj.  Taylor,  Turney  agreeing,  and 
leaving  out  Minnis  and  Cullom.  So  it  passed.  Mr.  Huddleston  of 
Overton  told  me  in  the  evening,  that  he  would  move  in  House,  to  put 
Dr.  McHenry  in  place  of  Maj.  Taylor.  I  will  not  object,  as  Capt. 
A.  L.  Davis  the  cashier,  expressed  a  delicacy  to  me  today  in  having 
Maj.  Taylor,  as  he  is  his  father-in-law. 

The  Court  Bill,  for  two  terms,  and  reduced  salaries  passed  finally 
in  Senate,  and  the  time  of  the  Courts  were  all  inserted.  Got  papers 
in  evening  from  Maj.  Heiss  to  write  some  for  Union,  Mr.  Hogan  be- 
ing sick.  Last  night  I  wrote  article  about  John  Bell,  as  he  was  named 
in  Jonesboro  Whig — and  to-day  wrote  article  which  will  appear  as 
the  leader  tomorrow,  headed,  Presidency  and  Vice  Presidency.  I 
wrote  this  to  put  down  a  disposition  in  A.  Ewing  and  others,  and  I 
feared  Turney  and  Pierce  Anderson  are  in  it,  instigated  by  Nichol- 
son to  have  public  expression  of  opinion  from  Cass  and  thereby  crush 
all  Polk's  prospects  for  the  Vice  Presidency.  Wrote  further  to  Van 
Pelt  about  Graham's  removal. 

Saturday,  Nov.  4th. 

Saw  L.  Cheatham,  and  talked  with  him  and  Maj.  Loving  upon 
the  necessity  of  putting  down  the  disposition  to  introduce  disputes 
into  the  Democratic  Association,  and  Davidson  County  meeting  ques- 
tions about  preferences  for  the  Presidency.  We  all  agreed  that  such 
course  was  ruinous  to  Polks  interest,  and  true  interest  of  party  in 
Tennessee.  Memphis  Court  Bill  was  passed  yesterday — and  Bill 
amending  attachment  law  today. 

Read  Penn's  letters,  Nos.  3  and  4  to  Col.  Benton  in  St.  Louis  re- 
porter. Will  try  to  get  1  and  2nd.  Read  article  on  National  Con- 
vention in  Democratic  Review  as  copied  into  Huntsville  Democrat. 

Cut  out  man  yarticles  for  Scrap  Book  from  papers  obtained  at 
Union  office,  but  feel  too  unwell  to  insert  them. 

Sunday,  Nov.  5,  1843. 
Did  but  little — Read  in  Miss  Bremer's  Nina. 

Monday,  Nov.  6,  1843. 

Wrote  article  for  tomorrows  Union  headed  "Whig  Gratitude"  etc. 
For  legislative  proceedings  see  Journals.  Anxious  to  hear  from  home. 


t 


Laughlin  Diaries  83 


Wrote  Dr.  Smartt  that  I  would  try  to  come  home  by  next  Wednesday. 
Little  boy,  John  Johnson,  escaped  from  Stickney's  Circus  and  came 
to  Twiss'  and  from  there  Twiss  brought  him  to  Kizer's.  Fell  [sic] 
interested  for  him.  If  the  circus  reclaim  him  he  will  be  raised  as  a 
vagabond.  To  let  them  get  him  will  be  like  selling  him  into  slavery. 
If  his  profligate  father  has  sold  him,  he  ought  to  be  reclaimed  from 
such  prospective  ruin. 

Tuesday,  Nov.  7,  1843. 

Tried  to  elect  Atto  Genl.  in  13th  Marchbank's  Circuit,  but  could 
not.  Votes  for  Hopkins.  This  night  letter  came  informing  me  that 
my  mother  had  died  on  Sunday.  Did  not  get  it  til  Wednesday  morn- 
ing. For  the  proceedings  in  Assembly,  see  Journal.  Mr.  Sherrell 
nominated  Hopkins.  After  a  time  he  was  withdrawn.  I  voted  then 
for  Mr.  Rodgers  of  Fayetteville.  He  was  a  democrat.  Goff,  Green 
and  Kercheval,  the  other  candidates  all  Whigs.  Houston  went  to 
Mr.  Bateys  with  boy  John  Johnson.     Wrote  to  Mrs.  B. 

Wednesday,  Nov.  8th,  1843. 

After  the  Senate  met  Mr.  G.  R.  Smartt  the  Representative  from 
Warren;  showed  me  a  letter  from  Dr.  Paine  of  McMinnville,  stat- 
ing my  mothers  death.  Hopkins  was  nominated  again  by  Mr.  Hud- 
dleston.  I  voted  for  him  till  it  was  agreed  to  withdraw  him  from  can- 
vass. Mr.  Rodgers  had  been  withdrawn  evening  before,  and  Kercheval 

nominated. 

After  I  saw  letter  to  Mr.  Smartt,  and  received  my  letter  from 
Dr.  Smartt,  I  retired  from  the  Convention — requesting  Col.  Alexan- 
der of  Shelby,  or  Mr.  Gordon  to  ask  for  leave  of  absence  for  me, 
when  my  name  should  be  called.  I  went  home  and  returned  no  more 
to  the   Senate  during  the  day. 

Goff  was  elected  in  evening  as  I  hear,  and  election  for  12th 
Circuit  (Robt.  Anderson's)  commenced.  Powell  of  Roger sville,  Cas- 
well of  Jefferson  Co.  Sawyers  of  Claiborne  and  Heiskell  of  Knox 
(son  of  Fred.  Heiskell  the  old  proprietor  of  the  Knoxville  register) 
were  the  candidates. 

Thursday,  Nov.  9,  1843. 

Went  to  Senate  in  the  morning,  and  then  into  Convention,  and 
voted  for  Powell  (a  democrat — son  of  the  late  Judge  Powell)  till 
his  name  was  withdrawn,  and  then  for  W.  R.  Caswell  til  he  was 
elected.  He  is  son  of  Mrs.  Ben  McCulloch  of  Rutherford.  Is  now  a 
citizen  of  Jefferson.  He  voted  for  me  in  1829,  when  he  was  just  of 
age  in  Rutherford,  against  W.  Brady,  for  a  seat  in  the  House  of 
R.  in  Assembly.     He  is  said  to  be  a  worthy  man.     He  was  elected. 

The  next  election  was  in  9th  Circuit  (Judge  Harris  in  W.  dis- 
trict) Hamilton  of  Carroll,  Williams  of  Paris,  Felix  Parker  of 
Robertson    and    [  ]47   being   candidates.       J.    B.    Williams   was 

elected.  I  and  Smartt  voted  for  Parker  to  secure  vote  of  Bone  of 
Gibson  and  others  for  Mr.  Francis  for  Treasurer.  Smartt  told  me 
he  would  go  home  tomorrow.  For  proceedings  of  Assembly  see 
Journal.  Wrote  some  things  for  Union.  Piece  for  Saturdays  paper, 
which  will  not  appeal  before  Monday  next  about  J.  G.  Adams  visit 
to  Cincinnati  and  invitation  to  Louisville.  Saw  Hon.  A.  V.  Brown 
who  told  me  he  would  be  here  some  days. 

Friday,  Nov.  10,  1843. 

Bought  shoes,  7  pair  altogether,  and  sent  home  in  stage  by  Mr. 
Hopkins  for  negroes — and  wrote  to  Houston  at  Mrs.  Batey's,  to  send 

*7Blank  in  Ms. 


84  Documents 


the  two  pair  which  he  had  there,  with  the  5  Hopkins  had,  as  Mr. 
Hopkins  would  pass  on  home.  Wrote  to  Dr.  Smartt  by  G.  R.  Smartt, 
and  to  my  father  by  Mr.  Hopkins. 

Assembly  did  but  little.  Many  Senators  about — Allen,  Ross  of 
L.  etc.     See  Journal. 

Saturday,  Nov.  11,  1843. 

Senate  did  but  little.  Rejected  Nelson's  Bill  to  allow  counter- 
parts to  be  served,  over  county  lines,  of  warrants  for  debt  issued 
by  magistrates.  Voted  against  it,  because  it  would  enable  creditors 
with  increased  costs,  to  collect  their  debts  first  out  of  securities  and 
endorsers;  and  because  it  would  enable  creditors,  by  a  fictitious  as- 
signment, and  suffering  warrant  to  be  issued  against  themselves, 
&nd  sending  counterparts  to  other  counties,  all  over  the  state,  to 
collect  their  debts  at  home;  because  it  would  disable  debtors  to  give 
stays  at  distance,  and  because  Culloms  amendment,  adopted  to  the 
blil,  allowed  justices  executions  in  such  cases,  to  be  sent  all  over 
the  state. — Houston  came  back  to-day  having  rode  in  the  night  from 
Batey's,  Green's  old  place,  near  Buchanan's.  Senate  did  not  sit  in 
afternoon.  Andw.  Ewing,  or  somebody,  published  to-day,  a  poor 
biography  of  Gen.  Cass  (Col.  Cass)  in  the  Union.  Gen.  Armstrong 
went  to  Hermitage,  and  received  letter  from  Genl.  Jackson,  from 
Santa  Anna,  about  releasing  certain  prisoners — One  a  son  of  Reuben 
Bradley  of  Abingdon.48 

Read  W.  L.  McKenzies  New  York  Examiner.  (1st  3  Nos)  to  see 
his  vile  attacks  on  Mr.  Van  Buren.  He  is  a  poor  hireling,  and  his 
emnity  to  Mr.  V.  B.  arises  from  Mr.  V.  B  as  President  of  the  U.  S. 
interfering  to  prevent  American  citizens  from  interfering  in  Canadian 
revolt  in  1838.  McK.  says  he  has  made  his  declaration  to  become 
naturalized.  Ellen  is  busy  gardening,  and  this  evening  set  out  small 
row  of  little  cedars  running  back  from  south  side  of  lower  front 
gate.  Mr.  Kizer  got  two  new  works  yesterday,  on  Horticulture  and 
farming — 

Washington  City,  April  27,  1845. 

From  some  cause  I  was  prevented  from  pursuing  this  Diary.  A 
ifcrip  made  hastily  from  Nashville  home  for  three  or  four  days,  stopped 
my  progress,  and  I  did  not  resume  it.  After  the  Assembly  adjourned 
in  January  1844,  I  went  home,  but  stayed  only  a  short  time.  Before 
Assembly  adjourned,  as  well  as  seen  by  letters  and  paper  bound  up 
in  my  letter  book  of  1844.  I  was  requested  in  writing  to  return  to 
Nashville  in  the  Spring,  by  all  the  democratic  members,  and  by  the 
State  corresponding  Committee  at  Nashville,  and  at  Jackson,  and  to 
Edit  the  Union  newspaper  and  a  weekly  pamphlet  called  the  Star 
Spangled  Banner,  during  the  canvass  in  the  approaching  Presidential 
election.  I  did  so  return,  and  except  while  I  was  at  the  Baltimore 
National  Democratic  Convention,  in  May  and  June,  continued  to 
Edit  the  Union  and  Star  Spangled  Banner  until  after  the  election, 
only  going  home  in  November  long  enough  to  vote.  Among  my 
bound  manuscripts,  will  be  found  several  Diaries  and  Journals,  on 
common  long  paper.  One  a  Journal  of  my'  trip  to  Washington  City 
in  1834-5,  preparatory  to  first  establishment  of  the  Nashville  Union, 
by  myself  and  **  Editor,  and  M.  A.  Long  as  publisher,  which  was 
commenced  in  March,  1835,  and  first  published  in  Market  Street, 
Nashville  in  House  the  property  of  Willo.  Williams,  now  Wills  Drug 

**In  ink  of  a  different  color. 
"A  slip  for  "as." 


) 


Laughlin  Diaries  85 


Store.  Another  Journal  so  bound,  is  of  my  trip  to  the  National  Con- 
vention at  Baltimore  in  1840 — like  the  last  mentioned,  however, 
being  left  incomplete.  Another  is  notes  made  during  my  stay  at 
Nashville  at  either  Called  or  regular  Session  of  Assembly  in  1841-2. 
Another  is  notes  of  a  hasty  trip  made  to  St.  Louis,  Mo.  in  April, 

1844,  to  get  Beza  P.  Kizer  bailed  out  of  prison  for  stabbing  some 
blackguard  who  insulted  him.  There  is  also  among  my  papers,  old 
notes  of  a  Journey  from  McMinnville  to  Philadelphia  in  1814 — made 
when  a  boy. — and  a  small,  bound  Diary,  printed  for  1840 — but  con- 
taining   memoranums    of    events    of    1840-1841.    1842.    1843-4.    and 

Family  Record.  After  the  Presidential  election  in  1844,  in  which 
James  K.  Polk  and  George  M.  Dallas  were  elected  President  and 
Vice  President,  I  left  home  on  26  or  27th  January,  1845,  and  left 
Nashville  on  1st  Feb.  1845,  in  company  with  President  Polk  and  his 
wife,  and  a  number  of  friends,  and  came  to  Washington  City  where 
we  arrived  on  14th  Feb.  1844. — After  President  Polk  was  Inaugu- 
rated, on  the  15th  March,  1845,  he  nominated  me  to  Senate  as 
Recorder  of  the  General  Land  Office,  and  on  16th  I  believe  Senate 
confirmed  it,  and  on  17th  I  was  commissioned,  and  went  into  office, 
where  I  found  Thos.  H.  Blake  of  Indiana,  a  Whig,  Commissioner. 
About  middle  of  April  Blake  was  removed,  and  James  Shields  of 
Illinois  appointed.  He  entered  on  his  duties  about  17th  of  April. 
About  19th  or  20th  of  April,  Dr.  W.  M.  Gwin,  of  Mississippi,  and 
John  C.  McLemore,  without  my  request  applied  to  Robt.  J.  Walker, 
Secretary  of  the  Treasury,  who  was  pleased  at  once  to  send  me  word 
to  send  for  my  son  Saml  Houston  Laughlin,  and  he  would  instantly 
appoint  him  on  his  arrival,  a  clerk  in  my  office,  at  salary  of  $1,100 
or  $1,000  pr.  ann.  I  saw  Mr.  Walker  on  evening  of  24th  April  in 
company  with  Dr.  Gwin  near  Presidents  grounds,  in  front,  and 
thanked  him.  He  said  he  deserved  none — it  should  be  instantly  done, 
when  Houston  arrived.  I  sent  for  Houston  on  the  22nd  of  April. 
On  the  23rd.  I  informed  President  Polk  what  Mr.  Walker  had  done — 
not  at  my  request  or  knowledge — but  for  which  I  was  grateful. 
Told  him  I  thought  it  right  to  let  him  know  of  it,  as  I  would  take 
no   steps   about   office   matters,   for   myself  or   my   son,   without  his 

knowledge.  He  said  what  Mr.  Walker  had  done  met  his  distinct  ap- 
probation. 

All  other  matters  however  are  fully  note[d]  in  my  rough-calf 
bound  Note  Book,  Octavo,  marked  No.  1. — My  journey  to  Washington 
with  the  President  is  in  a  similarly  bound,  but  smaller  book — and 
ends  in  March,  1845,  after  the  Inauguration  of  President  Polk,  but 
is  resumed  with  the  large  and  fuller  book  marked  No.  the  Intro- 
duction to  which  is  a  fair  and  compendious  account  of  my  life,  my 
family,  connexions  and  adventures.  A  large  portion  of  the  book 
is  taken  up  with  this  autobiography.  I  intend,  in  that  book,  and 
one  like  it  to  be  marked  No.  2,  to  take  up  my  Diary  on  1st  May 

1845,  and  continue  it  at  least  while  I  remain  in  Washington.  1st 
May  is  my  birthday.50 


^°The   other  volumes  to  which  the   diaris>t  here  refers  seem,   perhaps  with  one  exi 
ception,  to  have  been  lost. 


HISTORICAL  NOTES  AND  NEWS 


A  REVIEW  OF  THE   PROCEEDINGS  OF  THE  TENNESSEE   HISTORICAL  SOCIETY 

FOR  DECEMBER,   1915,   AND   JANUARY  AND  FEBRUARY,   1916. 

At  the  meeting  held  December  14,  1915,  an  address  on  the  sub- 
ject, "Tennessee,  the  Compromise  of  1850,  and  the  Nashville  Con- 
vention" was  read  by  Dr.  St.  George  L.  Sioussat.  This  paper,  which 
treated  of  the  attitude  of  political  parties  in  Tennessee  towards  the 
compromise  measures  of  1850  and  described  in  some  detail  the  Nash- 
ville Convention  of  the  same  year,  is  printed  in  expanded  form  in 
the  December  number  of  the  Mississippi  Valley  Historical  Review. 

On  January  11,  1916,  Dr.  L.  C.  Glenn  delivered  an  address  on 
"The  Physiographic  Influences  in  the  Development  of  the  State." 
Dr.  Glenn  has  been  a  student  of  the  geology  of  Tennessee  during  his 
many  years'  stay  at  Vanderbilt  University,  during  much  of  this 
time  he  has  been  a  member  of  the  State  and  Federal  Survey.  He 
has  ridden  on  horseback  over  much  of  the  State,  and  knows  most  of 
it  from  first-hand  information.  Dr.  Glenn  showed  how  Tennessee 
was  by  nature  a  State  which  would  be  divided  along  sectional  lines 
in  politics  and  trade  because  of  the  almost  impossible  means  of 
communication,  and  especially  so  in  the  earlier  days. 

On  February  8,  1916,  Dr.  W.  A.  Provine  spoke  on  the  pioneers 
from  Highland  Scotland,  who  had  settled  in  and  around  Nashville 
and  Middle  Tennessee,  especially  the  Campbell  family.  Among  the 
most  prominent  of  these  settlers  was  the  distinguished  George 
Campbell,  once  Secretary  of  the  Treasury  and  United  States  Senator 
from  Tennessee. 

The  Society  has  been  presented  by  Mr.  W.  E.  Ward  with  a  map 
of  Tennessee,  made  in  1839.  The  Society  already  owned  a  map  of 
Kentucky  of  tht  same  date.  These  two  have  been  framed,  and  are 
on  the  walls  of  the  Society  rooms. 

The  following  new  members  have  been  added:  Mr.  Silas  McBee,  Jr., 
of  Memphis;  and  Col.  Thomas  W.  Wrenne  and  Nathan  Cohn,  of 
Nashville. 

Irby  Roland  Hudson,  Recording  Secretary. 


THE    NASHVILLE    MEETING    OF    THE    MISSISSIPPI    VALLEY    HISTORICAL 

ASSOCIATION,  APRIL  27-29,  1916. 

It  is  with  pleasure  that  we  announce  that,  upon  the  invitation 
of  the  Tennessee  Historical  Society,  Vanderbilt  University,  and  the 
George  Peabody  College  for  Teachers,  the  Mississippi  Valley  His- 
torical Association  will  hold  in  Nashville  its  annual  meeting  for  1916. 
The  date  fixed  is  April  27-29.  This  association,  a  large  and  flourish- 
ing body  of  historical  students,  is  devoted,  as  its  name  will  indicate, 
to  the  furtherance  of  the  study  of  all  phases  of  history  which  relate 
to  the  Mississippi  Valley.  The  secretary-treasurer  is  Mr.  Clarence 
S.  Paine,  of  Lincoln,  Nebraska;  the  president  for  1915-16  is  Dr. 
Dunbar  Rowland,  Director  of  the  Department  of  Archives  and  His- 
tory of  the  State  of  Mississippi.  The  program  is  not  yet  ready  for 
publication,  but  will  include  historical  papers  of  local  interest  as  well 
as  many  interesting  to  teachers  of  history.  It  is  hoped  that  all  mem- 
bers of  the  Tennessee  Historical  Society,  and  all  who  are  interested 


Books  Xoted  87 


in  history,  will  by  their  presence  help  to  make  this  a  notable  occasion 
and  to  extend  the  hospitality  of  Nashville  and  of  Tennessee  to  our 
many  distinguished  visitors. 


I*   ,   1,    .    I        »       T^,   ^TOT/A^TO        " 


ILLINOIS   HISTORICAL  "COLLECTIONS. 

The  Collections  of  the  Illinois  State  Historical  Library,  edited 
by  Professor  C.  W.  Alvord,  of  the  University  of  Illinois,  are  enriched 
by  the  publication  of  two  notable  new  volumes.  The  first  of  these, 
known  as  "British  Series,  Volume  I,"  is  entitled  "The  Critical  Period, 
1763-1765."  Professor  C.  E.  Carter,  of  Miami  University,  is  asso- 
ciated in  the  editorship  with  Professor  Alvord.  The  documents  relate 
to  the  British  occupation  of  the  Illinois  country  1763-1765,  and  are 
preceded  by  a  special  introduction  covering  this  period  and  a  general 
introduction  to  the  series.  Though  primarily  devoted  to  Illinois 
history,  the  volume  is  of  wider  value.  It  seems  perhaps  unfortunate 
to  use  the  title  "The  Critical  Period"  which  is  familiarly,  if  not 
more  correctly,  employed  in  another  sense.  The  second  volume,  num- 
ber three  of  the  bibliographical  series,  is  an  exhaustive  account  of 
"The  County  Archives  of  the  State  of  Illinois,"  compiled  by  Theodore 
Calvin  Pease,  of  the  University  of  Illinois.  The  examination  of  this 
very  thorough  work  makes  one  sincerely  wish  that  similar  publica- 
tions might  be  made  for  every  State.  In  Tennessee,  without  doubt, 
the  result  would  be  of  very  great  historical  value. 


BOLTON'S   "TEXAS   IN    THE    MIDDLE   EIGHTEENTH    CENTURY. 


M 


[  The  third   volume   of   the    University   of  California  Publications, 

|  edited  by  Professors  H.  Moore  Stephens  and  Herbert  E.  Bolton,  is 
"Texas  in  the  Middle  Eighteenth  Century,  Studies  in  Spanish  Colonial 
History  and  Administration,"  by  Professor  Bolton.  This  lengthy 
monograph  treats  exhaustively  the  following  topics:  The  San  Xavier 
Mission  (1745-1758)  ;  The  Reorganization  of  the  Lower  Gulf  Coast 
(1746-1768);  Spanish  Activities  on  the  Lower  Trinity  Rivor  (1746- 
1771)  ;  The  Removal  from  and  the  Reoccupation  of  Eastern  Texas 
(1773-1779);  to  which  is  prefixed  a  General  Survey  (1731-1788). 
The  work,  which  is  thoroughly  documented,  is  enriched  witn  reproduc- 
tions of  maps  and  with  other  illustrations,  with  an  extended  bibliog- 
raphy, and  with  an  index. 


^ 


s 


• 


%^ 


TENNESSEE 


HISTORICAL  MAGAZINE 


Vol.  2.  JUNE,  1916.  No.  2 


GOVERNMENTAL  REORGANIZATION,  A  CONSTI- 
TUTIONAL NEED  IN  TENNESSEE.1 

Tennessee  needs  a  new  constitution.  This  fact  is  written 
all  over  every  phase  of  its  state,  county  and  municipal  gov- 
ernments. It  is  seen  in  such  a  constitutional  requirement 
as  the  compulsory  general  property  tax  clause,  which  clearly 
and  distinctly  says  that  what  has  become  a  palpably  unjust 
method  of  taxation  shall  continue.  It  is  seen  with  equal  clear- 
ness when  we  examine  the  workings  of  our  governments  and 
note  how  they  fail  from  year  to  year — even  from  decade  to 
decade — to  do  what  public  sentiment  very  evidently  endorses 
and  party  platforms  have  long  promised. 

The  failure  of  the  present  constitution  to  meet  the  needs 
of  the  new  era  in  which  it  has  been  allowed  to  continue  con- 
sists not  alone  in  what  it  does  but  in  what  it  fails  to  do;  not 
alone  in  its  restrictions  and  prescriptions  that  are  out  of 
date,  but  in  the  fact  that  it  does  not  provide  for  governmental 
machinery  of  a  sufficiently  advanced  type  to  fulfill  the  re- 
quirements of  modern  political  life. 

Among  the  constitution's  obstructive  clauses  should  be 
mentioned  first  of  all  its  endeavor  to  perpetuate  itself  through 
forbidding  amendments  save  by  means  of  a  process  which  has 
proven  unworkable  in  practice.  Once  in  six  years  the  legis- 
'  -  nvovMe<l  its  predecessor  has  proposed  amendments, 
may  by  a  vote  of  two-thirds  of  all  the  members  elected  to  each 
house,  refer  such  amendments  to  the  people.  And  if  the  people 
at  the  next  general  election,  by  a  majority  of  all  the  votes  cast 
for  representatives  in  the  lower  house  of  the  legislature,  en- 
dorse the  amendments,  they  then  become  part  of  the  constitu- 
tion. No  other  state  constitution  makes  amendments  so  diffi- 
cult.    Only  two  others  approach  Tennessee  in  this  respect. 

1A  paper  read  before  the  Mississippi  Valley  Historical  Associa- 
tion at  Nashville,  April  27,  1916;  in  part  adapted  from  chapters  8, 
23  and  24  of  the  writer's  forthcoming  book,  State  Constitution-mak- 
ing. 


i 


90  Wallace  MoClure 


The  calling  of  a  constitutional  convention  is  the  only  means 
practically  available  for  the  accomplishment  of  constitutional 
changes  in  Tennessee.  If  such  a  convention  should  accom- 
plish nothing  besides  establishing  a  method  whereby  the  con- 
stitution could  be  conveniently  amended  it  would  amply 
justify  itself.  Other  needed  amendments  would  then  follow 
as  rapidly  as  the  people  could  digest  their  purport  and  be- 
come satisfied  of  their  beneficial  effect. 

Among  these  other  needed  amendments  most  Tennesseans 
who  have  given  thoughtful  attention  to  public  affairs  would 
probably  place  the  greatest  emphasis  upon  taxation,  reorgani- 
zation of  county  government,  home  rule  for  cities  and  counties 
and  certain  reforms  in  the  administration  of  justice. 

No  student  of  taxation  today  attempts  to  defend  the  re- 
quirement that  all  property  shall  be  taxed  and  taxed  at  a 



uniform  rate.  In  the  days  when  property  consisted  almost 
entirely  of  lands  and  houses  and  live  stock  or  stores  of  mer- 
chandise— and  when  tax  rates  were  but  a  fraction  of  what 
they  are  today — the  general  property  tax  furnished  an  avail- 
able and  not  unjust  method  of  raising  revenue.  But  since 
the  people  have  come  to  possess  property  of  all  kinds  and 
descriptions,  and  especially  as  the  use  of  credit  has  developed, 
the  taxation  of  all  property  at  the  same  rate  violates  every 
rule  of  equality  in  taxation.  Since  the  courts  define  evidences 
of  legal  and  equitable  interests  in  property  to  be  property 
just  as  truly  as  the  tangible  inherently  valuable  things  which 
they  represent,  the  general  property  tax  clause  forces  double 
taxation  in  case  of  every  mortgage  or  lien  note  or  similar  in- 
strument. Not  unnaturally,  therefore,  owners  of  such  property 
conceal  it  from  the  assessor  and  the  general  property  tax  be- 
comes an  administrative  impossibility.  But  until  the  con- 
stitution is  changed  it  must  remain  the  law  of  the  state — 
though  it  never  can  be  made  the  fact — in  practice. 

Our  present  form  of  county  government,  like  our  system 
of  taxation,  is  an  inheritance  from  a  past  which  found  it 
satisfactorv.  When  there  was  little  administration  to  be  done 
a  large  representative  body,  suited  to  enact  laws,  not  to  ad- 
minister them,  could  manage  the  affairs  of  a  county  reason- 
ably well.  But  now  that  the  large  counties  have  developed 
numerous  functions,  and  their  officials  must  handle  complex 
problems  of  finance,  education,  social  welfare,  etc.,  there 
arises  the  need  for  a  small  body  of  trained  administrators. 
These  men  should  be  responsible  directly  to  the  people  of  the 
county.  In  practice,  doubtless,  county  affairs  in  the  large 
counties  are  controlled  bv  committees  of  the  county  court  or 


Governmental  Reorganization  91 


by  especially  created  commissions,  but  they  are  more  or  less 
unknown  and  irresponsible  and  are  not  satisfactory,     . 

Since  there  is  little  use  for  legislation  in  our  counties,  and 
since,  even  if  there  were,  the  state  legislature  cannot  under 
present  rules  of  constitutional  law  delegate  legislative  func- 
tions to  the  county  courts,  the  latter  have  become  a  complete 
anachronism  and  should  be  abolished.  Their  few  judicial  func- 
tions could  much  better  be  handled  by  judges  holding  courts 
of  probate. 

Both  counties  and  cities,  under  the  present  constitution, 
are  absolutely  dependent  upon  the  legislative  will  for  the  con- 
duct of  not  only  their  functions  which  concern  the  state  as 
a  whole,  like  enforcing  the  state's  law,  but  also  for  the  con- 
duct of  purely  local  affairs.  A  county  cannot  even  determine 
whether  it  will  have  a  fence  law  and  a  city  depends  for  its 
very  existence  upon  the  legislature.  The  legislature,  mean- 
while, is  hampered  in  its  work  of  state-wide  importance  by 
the  necessity  of  providing  the  local  enactments  demanded  by 
scores  of  cities  and  counties.  A  considerable  majority  of  the 
state  constitutions  contain  clauses  forbidding  such  local  legis- 
lation or  requiring  that  general  laws  shall  be  passed  govern- 
ing local  affairs,  provisions  which  in  practice  have  proven  very 
ineffective.  A  few  constitutions  require  that  laws  applying 
to  a  particular  city  shall  be  submitted  to  its  voters  for  ratifi- 
cation or  rejection  or  to  the  mayor  for  his  approval  or  veto. 
Thirteen  constitutions,  moreover,  contain  provision  for  what 

has  come  to  be  called  home  rule  for  cities,  that  is  to  say,  the 
constitutional  authority  for  municipalities  to  frame  and  adopt 
their  own  charters.  One  state  contains  a  somewhat  similar 
provision  allowing  counties  to  select  their  own  form  of  gov- 
ernment and  embody  it  in  a  charter — which  must,  however, 
receive  the  sanction  of  the  legislature.  Tennessee  could  well 
profit  by  these  examples. 

Finally  there  seems  to  be  general  agreement  that  certain 
changes  are  needed  in  our  constitutional  provisions  for  the 
administration  of  justice.  Perhaps  the  most  important  of 
these  is  the  abolition  of  the  requirement  that  jurymen  must 
be  residents  of  the  county  in  which  the  trial  is  held.  It  is 
undoubtedly  of  the  essence  of  liberty  that  a  man  accused  shall 
be  tried  by  a  jury  of  his  peers,  but  how  a  jury  is  any  less  his 
peers  if  composed  of  his  fellow  Tennesseans  or  fellow  Ameri- 
cans than  if  composed  of  citizens  of  his  county  it  is  difficult 
to  see.  A  majority  of  the  state  constitutions  have  no  such 
requirements.  It  is  difficult  to  secure  intelligent  and  at  the 
same  time  absolutely  impartial  jurors  in  the  vicinity  of  the 


92  ^Yallace  McClure 


place  where  a  crime  has  been  committed,  and  the  more  atro- 


cious the  crime  the  greater  the  difficulty. 

The  continuation  of  separate  courts  of  law  and  equity  is 
likewise  unnecessary  and  out  of  date  and  remains  in  only  a 
small  minority  of  the  state  constitutions. 

The  propositions  just  mentioned  are  merely  a  chosen  few 
among  the  great  number  of  improvements  that  may  be  sug- 
gested. In  every  case  the  changes  are  needed  because  the 
state  has  changed;  the  constitution  has  simply* been  left  un- 
cared  for  and  has  grown  out  of  date.  In  every  case  newer 
constitutions  adopted  by  other  states  contain  provisions  that 
offer  feasible  remedies. 

In  order,  however,  that  we  may  lay  the  foundations  for  a 
system  of  government  that  is  in  a  complete  sense  the  respon- 
sible and  responsive  agent  of  the  people,  capable  of  doing 
those  things  which  can  be  better  done  by  all  the  people  col- 
lectively than  by  individuals  acting  alone  or  in  small  groups, 
we  shall  have  to  extend  our  inquiry  into  constitutional  needs 
somewhat  more  deeply  and  examine  the  nature  of  our  govern- 
mental organization.  The  reasons  for  the  form  of  govern- 
mental organization  which  Tennessee  shares  with  the  other 
states  of  the  Union  are  found  far  back  in  our  political  history. 

Every  state  constitution,  either  by  an  express  article  or 
clause  or  impliedly  through  its  provisions  for  the  different 
branches  of  government,  declares  that  the  powers  of  state 
government  shall  be  vested  in  three  separate  and  distinct  de- 
partments, the  legislative,  executive  and  judicial,  the  officials 
of  any  one  of  which  shall  not  perform  the  functions  assigned 
to  the  others.  This  is  the  "separation  of  powers,"  the  form 
of  government  organization  which  America  may  be  said  to 
have  made  famous. 

The  analysis  of  government  into  three  primary  divisions 

is  at  least  as  old  as  Aristotle's  Politics,  which  said  that  in 
every  state  there  is  a  deliberative  assembly,  a  body  of  magis- 
trates and  a  judiciary.  Numerous  later  political  philosophers 
have  accepted  it  and  Montesquieu  went  so  far  as  to  say  that 
a  fairly  sharp  constitutional  distinction  between  the  officials 
performing  the  legislative,  the  executive  and  the  judicial  func- 
tions is  necessary  to  the  maintenance  of  civil  liberty. 

The  philosophy  of  Montesquieu  was  congenial  with  the 
thought  of  the  times  and  was  peculiarly  adapted  to  recommend 
itself  to  the  American  states  of  the  Revolutionary  period. 
Reaction  against  governmental  tyranny  was  everywhere  in 
the  air.  Reaction  against  governmental  restrictions  upon  the 
economic  life  of  the  people  was  finding  expression  in  the  writ- 
ings of  the  Physiocrats  and  of  Adam  Smith.    The  intense  in- 


t 


*t 


Governmental  Reorganization  93 


dividualism  of  philosophers  like  Rousseau  pervaded  the 
thought  of  the  learned  and  made  the  student  in  his  closet  share 
with  the  pioneer  in  the  virgin  forest  the  feeling  that  govern- 
ment if  necessary  at  all  was  a  necessary  evil. 

What  men  desired  they  sought  through  their  own  efforts; 
they  merely  asked  that  the  government  should  let  them  alone. 
Beyond  the  conduct  of  foreign  affairs  and  the  suppression  of 
domestic  violence  they  looked  to  the  government  for  nothing 
and  thought  of  it  less  as  an  agency  to  do  their  bidding  than 
as  a  rival  to  be  watched  and  feared. 

Such  was  the  prevailing  attitude  of  the  time  when  Ameri- 
cans first  undertook  constitution-making.  Their  chief  instinct 
was  a  hearty  hatred  of  the  tyrannical  power  exercised  by  the 
governors  sent  over  from  England.  Their  chief  dependence 
they  had  been  accustomed  to  place  in  their  representative 
assemblies,  through  which  they  had  contested  with  the  gov- 
ernor for  what  they  had  been  pleased  to  consider  their  rights. 

What  could  have  been  more  natural,  therefore,  when  they 

/  7  * 

were  forming  governments  of  their  own  design,  than  that  they 
should  have  thought  more  of  how  to  prevent  the  misuse  of 
governmental  power  than  of  how  to  secure  the  harmonious 
and  efficient  operation  of  the  machinery  of  government?  Not 
less  natural  than  that  they  should  have  separated  and  divided 
the  powers  of  government  among  various  branches  was  the 
fact  that  they  made  the  legislature  the  repository  of  the  lion's 
share  of  these  powers. 

Ag  time  went  on,  however,  the  other  departments  developed 
more  pronouncedly  than  did  the  legislature  and  gradually  in- 
creased their  relative  importance.  The  courts  assumed  the 
authority  to  declare  acts  of  the  legislature  unconstitutional 
and  to  refuse  to  be  bound  by  them  in  making  their  decisions. 
It  was  not  altogether  unnatural  that  the  executive  should 
assume  to  do  likewise  and  to  refuse  to  enforce  legislative  acts. 
When  President  Jackson  said,  "John  Marshall  has  made  his 
decision;  now  let  him  enforce  it,"  he  was  assuming  precisely 
the  prerogative  that  Marshall  himself  had  assumed  in  refus- 
ing, a  generation  earlier,  to  be  bound  by  what  he  considered 
an  unconstitutional  act  of  Congress.  Marshall  said,  "If  a 
law  be  in  opposition  to  the  Constitution  .  .  .  the  court 
must  determine  which  .  .  .  governs  the  case."  Jackson 
thought  that  it  was  just  as  much  the  President's  duty  as  it 
was  the  court's  to  pass  upon  the  constitutionality  of  laws. 
"The  opinion  of  the  judges,"  he  said,  "has  no  more  authority 
over  Congress  than  the  opinion  of  Congress  over  the  judges, 
and  on  that  point  the  President  is  independent  of  both." 

President   Jefferson  had   refused  to  enforce  the   Sedition 


94  Wallace  McClure 


Act,  saying  in  an  undelivered  message  to  Congress,  "I  took 
that  act  into  consideration,  compared  it  with  the  constitu- 
tion, viewed  it  under  every  respect  of  which  I  thought  it  sus- 
ceptible, and  gave  it  all  the  attention  which  the  magnitude 
of  the  case  demanded.  On  mature  deliberation,  in  the  pres- 
ence of  the  nation  and  under  the  solemn  oath  which  binds 
me  to  them,  and  to  my  duty,  I  do  declare  that  I  hold  that  act 
to  be  in  palpable  and  unqualified  contradiction  to  the  con- 
stitution." The  country  had,  he  believed,  distributed  the 
powers  of  government  "among  three  equal  and  independent 
authorities  constituting  each  a  check  upon  one  or  both  of 
the  others  in  all  attempts  to  impair  its  constitution.  To  make 
each  an  effectual  check  it  must  have  a  right  in  cases  which 
arise  within  the  line  of  its  proper  function,  where  equally 
with  the  others  it  acts  in  the  last  resort  and  without  appeal, 
to  decide  on  the  validity  of  an  act  according  to  its  own  judg- 
ment and  uncontrolled  by  the  opinions  of  any  other  depart- 
ment." 

In  such  feelings  and  utterances  the  doctrine  of  the  separa- 
tion of  powers  reached  its  climax. 

The  idea  that  each  of  the  separate  powers  should  consti- 
tute a  check  upon  the  others,  in  order  that  none  might  develop 
undue  power,  was  thus  strikingly  succeeded  by  what  would 
have  been  in  effect  the  idea  that  each  of  them  could  so  thwart 
the  others  as  to  paralyze  governmental  action. 

Checks  and  balances  have,  in  spite  of  this,  always  been 
dear  to  the  American  heart.  Of  the  first  state  constitutions, 
Turgot  wrote,  "I  see  .  .  .  an  unreasonable  imitation  of 
the  usages  of  England  ...  a  house  of  representatives,  a 
council,  a  governor,  because  England  has  a  House  of  Com- 
mons, Lords  and  a  King.  They  undertake  to  balance  these 
different  authorities  as  if  the  same  equilibrium  of  power  which 
has  been  thought  necessary  to  balance  the  enormous  pre- 
ponderance of  royalty  could  be  of  any  use  in  republics,  formed 
upon  the  equality  of  all  citizens."  Natural  inertia,  which  urged 
the  acceptance  of  the  English  institutions  to  which  they  were 
accustomed,   thus   united   with    the    individualistic   political 

philosophy  of  the  day  to  determine  the  type  of  American  gov- 
ernment. The  early  constitution-makers,  however,  looked 
upon  their  efforts  as  temporary  provisions  to  meet  existing 
needs  and  entertained  no  idea  that  changed  conditions  would 
not  change  the  organization  of  the  governments. 

While  the  doctrines  of  Jefferson  and  Jackson  did  not  find 
permanent  acceptance,  the  development  of  democracy,  in  a 
sense,  intensified  the  type  of  government  already  established 
by   making  not   only  legislators  but   executive  and   judicial 


Governmental  Reorganization  95 


officers  as  well,  elective  by  the  people  and  not  dependent  upon 
or  accountable  to  each  other  for  anything. 

Meanwhile  the  things  that  the  people  required  of  their 
governments  steadily  increased  and  the  lack  of  co-operation 
between  the  departments  of  government  became  more  keenly 
felt.  The  remedy  was  furnished  by  political  parties  which  in 
a  way  brought  together  the  several  governmental  functionaries 
and  forced  upon  them  team  work  in  the  party  harness.  The 
subserviency  of  both  governor  and  legislature  to  a  party  boss 
became  frequent  and  what  the  party  boss  wanted  done  was 
done.  Governments,  in  a  rough  way,  became  efficient — but 
they  were  not  governments  by  the  people.  It  is  true  today, 
however,  that  state  governments  seldom  accomplish  much  be- 
yond the  routine,  seldom  enact  legislation  of  a  far-reaching 
character,  except  under  the  leadership  of  a  party  boss  or  a 
governor  of  very  exceptional  strength  backed  by  popular  senti- 
ment that  is  absolutely  unquestionable.  Meantime  old  abuses 
go  uncorrected  and  old  obstructions  to  progress  continue  to 
obstruct.  Although  the  theoretical  separation  of  powers  was 
never  put  in  practice  in  all  its  completeness,  it  has  neverthe- 
less done  its  expected  work  of  thwarting  change.  Instead  of 
preventing  governmental  tyranny  the  legal  isolation  of  powers 
of  government  has  opened  the  way — because  it  has  developed 
the  need — for  the  political  boss.  In  the  constitutional  con- 
vention of  1787  Mercer  of  Maryland  prophesied  that  unless 
co-operation  were  established  between  the  legislature  and  the 
executive  the  legislature  would  prey  upon  the  people.  Who 
will  deny  that  as  regards  the  states,  at  least,  the  prophesy 
has  been  strikingly  fulfilled?  While  seeking  to  avoid  imag- 
inary evils,  the  Revolutionary  constitution-makers,  as  Turgot 
pointed  out,  laid  the  foundation  for  real  evils. 

Not  a  little  of  the  fear  of  government  exhibited  in  the 
earlv  constitutions  was  doubtless  due  to  a  fear  of  democracv — 


a  fear  lest  the  masses  of  the  people  would  demand  laws  not 
desired  by  the  propertied  classes.  If  this  were  the  object 
of  such  checks  and  balances  as  the  two-chambered  legislature 
and  the  exclusion  of  the  governor  from  a  share  in  law  making, 
it  has  most  wonderfully  succeeded.  To  take  a  single  example 
from  Tennessee  experience,  there  has  for  many  years  been 
an  undoubted  popular  demand  for  an  anti-pass  law,  yet  it  is 
always  impossible  to  get  the  legislature  to  enact  such  a  bill. 
The  last  legislature  would  not  even  vote  upon  it.  There  is 
in  the  legislature,  as  a  part  of  it,  no  leader  who  is  responsible 
to  the  state  as  a  whole;  no  leader,  indeed,  who  must  take 
upon  himself  the  responsibility  for  any  particular  piece  of  the 
legislation.     The  consequence  is  that  important  matters  can 


!M>  Wallace  McClure 


be  neglected  with  impunity  and  the  whole  state  must  continue 
indefinitely  to  suffer  from  the  neglect.  Who  can  doubt  that, 
if  there  had  been  in  the  last  legislature  a  single  accredited 
leader,  who  in  the  next  campaign  must  answer  for  the  failures 
of  the  legislature  to  the  whole  state,  a  vote  upon  the  anti- 
pass  bill  would  have  been  taken?  A  vote  on  such  a  bill,  it 
should  be  remembered,  very  possibly  would  have  meant  its1 
passage. 

We  have  now  examined  the  historical  reasons  for  our  pecu- 
liar governmental  organization  and  have  noted  an  illustration 

of  how  in  practice  it  obstructs  the  will  of  the  people.  Very 
evidently  we  are  confronted  with  an  exceedingly  practical 
problem. 

It  is  hardly  to  be  supposed  that  we  shall  wish  at  once  to 
adopt  the  English  system  of  cabinet  government,  however 
excellent  that  sort  of  government  may  be  in  many  ways,  how- 
ever thoroughly  it  would  eliminate  the  most  fundamental  de- 
fect of  our  present  governmental  organization  by  forcing  the 
co-operation  of  the  legislature  and  executive  and  giving  the 
legislature   recognized   leaders  who   are  held   clearly  in   the 

public  eye  and  made  responsible  for  governmental  acts.  There 
are,  however,  a  number  of  ways  in  which  we  can  greatly  im- 
prove matters  without  very  radically  altering  our  government. 
In  the  United  States  generally  we  are  coming  more  and 
more  to  regard  our  governors  as  in  a  peculiar  sense  the 
tribunes  of  the  people.  To  them  we  look  for  the  accomplish- 
ment of  the  ever-increasing  number  of  things  we  wish  done 
by  our  governments.  At  the  same  time  we  are  every  day 
seeing  more  clearly  the  need  of  responsible  leadership  in  our 
legislatures.  What  could  be  more  natural  and  expedient, 
therefore,  than  that  wTe  should  make  the  governor  a  member 
of  both  houses  of  the  legislature?  Furthermore,  why  should 
he  not  be  ex  officio  chairman  of  a  joint  committee  of  members 
of  both  houses  charged  with  the  particular  duty  of  steering 

through  the  legislature  such  bills  as  the  governor's  party  may 
have  advocated  in  its  platform,  together  with  any  other  bills 
which  the  governor  may  wish  to  declare  administration  bills? 
Governors  have  in  some  instances  endeavored  by  means  of 
speaking  tours  throughout  the  state  to  arouse  such  popular 
sentiment  as  will  force  the  legislature  to  action.  Would  it 
not  be  simpler  and  infinitely  more  effective  merely  to  provide 
that  in  case  the  legislature  rejects  a  bill  to  which  the  governor 
considers  his  administration  committed,  he  may  refer  the  bill 
to  the  voters  of  the  state? 

At  present  we  expect  leadership  of  our  governors  yet  give 
them  little  opportunity  to  lead.    By  making  them  legally  what 


Governmental  Reorganization  97 


we  expect  of  them  in  practice,  namely,  leaders  in  obtaining 
the  consideration  by  the  legislature  of  needed  laws,  we  may 
fairly  hope  to  secure  results. 

The  most  important  single  effect  of  having  the  chief  execu- 
tive officer  a  part  of  the  legislature  would  be  the  ease  with 
which  scientific  budgetary  procedure  could  be  adopted  for  con- 
trolling the  state's  finances.  The  recently-proposed  constitu- 
tion of  New  York  charged  the  governor  with  the  preparation 
of  the  budget  and  authorized  him  to  go  upon  the  floor  of  the 
legislature  to  defend  it  and  urge  its  passage.  Furthermore,  it 
required  him  to  come  before  the  legislature  at  the  latter's  re- 
quest and  answer  such  questions  as  might  be  put  to  him  con- 
cerning the  budget.  A  budget  prepared  by  the  governor  would 
put  a  stop  to  log-rolling  appropriations.  If  the  governor  were 
himself  a  legislator  there  could  surely  be  no  objection  to  his 
preparation  of  the  budget  on  the  ground  of  executive  usurpa- 
tion of  legislative  functions. 

These  suggestions  contain  nothing  that  is  new.  Many  care- 
ful thinkers  have  long  advocated  most  of  them.  Their  object 
is  merely  to  make  of  government  an  agency  of  society  that  is 
more  workable,  more  efficient,  more  responsive  to  the  popular 
will.  For  surely  government  can  have  no  other  object  but 
to  realize  as  quickly  and  economically  as  possible  the  common 
desires  of  the  people.  Wallace  McClure. 


y 


ANTI-SLAVERY  ACTIVITIES  OF  THE  METHODIST 

EPISCOPAL  CHURCH  IN  TENNESSEE. 


son,  Monroe,  Madison,  and  Franklin. 


During  the  period  of  the  Revolution  and  the  early  days  of 
the  Republic,  the  general  sentiment  in  the  country  as  a  whole 
was  unfriendly  to  slavery.  It  was  regarded  as  inconsistent 
with  Christian  civilization,  inconsistent  with  the  great  prin- 
ciple of  civil  liberty  for  which  the  colonies  had  contended  and 
which  constituted  the  basis  of  the  government.  There  was  no 
state  free  from  its  taint,  and  the  feeling  that  it  was  injurious 
to  society  was  in  no  sense  dependent  upon  sectional  lines.  Its 
existence  was  lamented  by  such  men  as  Washington,  Jeffer- 

There  was  general  re- 
gret that  the  institution  had  ever  been  planted  in  America, 
and  it  was  hoped  that  in  time  it  would  be  abandoned.  Little 
or  no  effort  was  made  to  defend  it  or  to  present  it  as  an  ideal 
basis  for  the  political  and  economic  structure  of  society.  At 
best  it  was  regarded  as  a  necessary  evil. 

The  religious  sentiment  of  the  country  was  practically 
unanimous  in  condemnation  of  slavery,  as  is  shown  by  the 
acts  of  the  different  denominations.  While  the  Society  of 
Friends  led  all  others  in  the  employment  of  moral  influence 
for  the  eradication  of  the  evil,  others,  and  particularly  the 
Methodists,  manifested  a  pronounced  opposition  to  it.     It  is 

the  province  of  this  article  to  describe  the  attitude  of  the 
Methodist  Episcopal  Church,  one  of  the  strongest  and  most 
active  of  the  Southern  churches,  toward  slavery,  in  the  State 
of  Tennessee.  / 

In  1784,  four  years  before  it  was  formally  established  in 
the  United  States,  the  National  Conference  declared  that  slav- 
ery was  "contrary  to  the  laws  of  God,  man  and  nature,  and 
hurtful  to  society;  contrary  to  the  dictates  of  conscience  and 
true  religion."  Besides  expressing  its  disapproval  of  slave- 
holding,  it  advised  manumission  and  even  required  it  in  the 
case  of  traveling  preachers.  When  the  church  was  fully  or- 
ganized in  1788,  the  Conference  voted  to  suspend  both  local 
and  traveling  ministers  who  failed  to  meet  these  requirements. 
Regulations  were  adopted  also  for  the  discipline  of  slave- 
holding  members,  requiring  that  deeds  of  manumission  be  exe- 
cuted for  all  slaves  within  a  brief  term  of  years,  and  that  the 
children  of  these  slaves  be  free  at  birth.  The  right  of  com- 
munion was  to  be  withheld  until  the  execution  of  the  deeds, 
and  recalcitrants  were  offered  a  final  alternative  of  voluntary 
withdrawal  or  of  exclusion  from  the  church.  These  rules  were 
to  apply  only  so  far  as  they  were  consistent  with  the  laws  of 
the  various  states,  but  anyone  who  bought  or  sold  slaves  was 


Methodist  Anti-Slavery  Activities  99 


to  be  expelled  immediately  unless  he  had  bought  them  in  order 
to  free  them.1  These  provisions  were  zealously  upheld  by 
Bishop  Coke,  who  was  ordained  by  Wesley  to  take  charge  of 
the  church  in  America,  and  by  his  assistant,  Bishop  Asbury. 
Unfortunately  legal  obstructions  to  manumission  in  many  of 
the  Southern  states,  and  the  opposition  of  some  of  the  South- 
ern members,  led  to  a  partial  suspension  of  these  rules  the 
following  year.  When  re-enacted  in  1796  and  again  in  1800 
they  show  considerable  weakening.  Children  of  slaves  under- 
going manumission  were  now  to  be  freed  only  at  twenty-one 
or  twenty-five  years  of  ago,  according  to  the  sex.  Purchasers 
of  slaves  instead  of  being  expelled  immediately  were  to  be  per- 
mitted to  hold  them  for  a  term  of  years,  the  time  to  be  deter- 
mind  by  the  Quarterly  Meeting.  Not  only,  however,  was  the 
practice  of  slavery  forbidden  within  the  communion  of  the 
church,  but  the  extirpation  of  the  system  was  recognized  at 
once  as  an  object  which  demanded  attention  and  action.  Both 
the  preachers  and  the  members  of  the  society  were  requested 
to  consider  the  subject  of  negro  slavery  with  "deep  attention" 
and  to  communicate  to  the  Conference  "any  important  thought 
upon  the  subject"  that  might  occur  to  them  that  the  Confer- 
ence might  have  full  light  in  order  to  take  further  steps 
"toward  eradicating  this  enormous  evil  from  that  part  of  the 
Church  of  God  with  which  they  are  connected."  The  Annual 
Conferences  were  directed  to  draw  up  addresses  for  the  grad- 
ual emancipation  of  slaves  which  were  to  be  sent  to  the  legis- 
latures of  those  states  in  which  no  general  laws  had  been 
passed  for  that  purpose.  Committees  were  appointed  for  con- 
ducting this  business  and  all  church  officers  and  traveling 
preachers  were  to  enlist  in  securing  signatures  to  the  ad- 
dresses. This  plan  was  to  continue  from  year  to  year  until 
the  desired  end  had  been  accomplished.2  Hence  the  Methodist 
Episcopal  Church  was  virtually  organized  into  a  society  for 
anti-slavery  agitation,  with  its  Annual  Conferences  inviting 
free  discussion  and  seeking  for  more  light,  and  with  its  preach- 
ers   and   members   circulating   anti-slavery    publications    and 

petitions  to  legislative  bodies. 

During  these  early  years  many  attributed  the  slow  growth 
of  the  church  in  the  South  to  its  anti-slavery  doctrines,  and 
by  their  efforts  induced  the  National  Conference  to  exempt 

t 

I  'Emory,  John,  His tory  of  the  Discipline   (of  the  Methodist  Epis- 

i  copal  Church)    (New  York,  1840),  pp.  43,  80.     Matlack,  L.  C,  The 

History  of  American  Slavery  and  Methodism,  1780-1849   (New  York, 

1849),  pp.  14-31. 

^Journals  of  the  General  Conferences  of  the  Methodist  Episcopal 
Church,  1796-1844,  Vol.  I,  pp.  40-41.  Matlack,  op.  cit.,  pp.  21-34, 
58ff.  McTyeire,  H.  N.,  A  History  of  Methodism  (Nashville,  1904),. 
p.  377-389. 


\ 


100  A.  E.  Martin 


the  churches  in  the  Southern  states  from  certain  of  the  regu- 
lations. By  acts  of  the  General  Conference  in  1804  and  in 
1808  denominational  effort  for  emancipation  was  finally  aban- 
doned on  the  ground  that  it  interfered  with  the  progreH  of 
.  the  real  work  of  the  church,  though  the  strong  rules  condemn- 
ing slavery  remained  in  unmistakable  words.  At  this  same 
time  the  Annual  Conferences  were  instructed  to  uforin  their 
own  regulations  relative  to  buying  and  selling  slaves."3  This 
act  placed  it  in  the  power  of  the  body  of  preachers  to  act 
efficiently  in  one  direction  against  slavery,  even  should  the 
National  Conference  choose  to  refrain  entirely  from  action  in 
the  matter.  The  Western  Conference,  as  we  shall  see  later, 
early  took  advantage  of  this  provision. 

The  Methodists  entered  Tennessee  with  the  original  set- 
tlers and  soon  secured  a  strong  foothold.  During  the  first 
years  of  the  nineteenth  century  their  membership  became  and 
remained  larger  than  that  of  any  other  religious  denomina- 
tion in  the  state.4 

Previous  to  1801,  when  the  Western  Conference,  embrac- 
ing the  territory  west  of  the  Appalachian  Mountains,  was 
formed,  Tennessee  constituted  a  part  of  the  Conference  of 
Kentucky,  and  previous  to  1808  the  slave  regulations  enacted 
by  the  national  organization  were  enforced  there.  As  a  re- 
sult of  the  action,  referred  to  above,  empowering  the  Annual 
Conferences  to  "form  their  own  regulations  relative  to  buying 
and  selling  slaves,"  the  Western  Conference,  at  its  first  meet- 
ing held  at  Liberty  Hill,  near  Nashville,  in  1808,  in  answer 
to  the  query,  "What  method  shall  be  taken  with  those  mem- 
bers of  our  society  that  shall  enter  into  the  slave  trade?" 
instructed  the  circuit  preachers  to  summon  before  the  Quar- 
terly Meeting  all  persons  charged  with  buying  or  selling  slaves 
with  speculative  motives.  If  the  Conference  found  upon  ex- 
amination that  the  charges  were  sustained,  the  persons  so 
offending  were  to  be  expelled  from  the  society.  The  Confer- 
ence further  decreed  that  no  member  of  the  "society  or 
preacher  should  buy  or  sell  a  slave  unjustly,  inhumanely  or 
covetously"  under  penalty  of  being  expelled  from  the  church. 
The  above  decrees  were  signed  by  Bishop  Francis  Asbury  and 
William  McKendree.5 

These  rules  remained  in  force  until  the  division  of  the 

*  Journals  of  the  General  Conferences,  Vol.  I,  pp.  44,  60f,  93,  170, 
205;  Matlack,  op.  tit.,  31-32. 

4McFerrin,  John  B.,  History  of  Methodism  in  Tennessee  (Nash- 
ville, 1869),  Vol.  I,  pp.  26,  470,  523;  Vol.  II,  132,  159,  262.  See  also 
McTyeire,  op.  cit.9  462,  and  Goodspeed,  History  of  Tennessee  (1886), 
p.  664. 

•Asbury,  Francis,  Journal  of  Rev.  Francis  Asbury \  Bishop  of  the 
Methodist  Episcopal  Church  (New  York,  1852),  Vol.  3,  p.  290.    Cart- 


I 


Methodist  Anti-Slavery  Activities  101 


Western  Conference  and  the  formation  in  1812  of  the  Ten- 
nessee Annual  Conference.  In  this,  as  in  the  former,  the 
"slave  rule"  made  its  usual  appearance.  At  its  first  meet- 
ing in  1812  a  motion  was  made  by  Learner  Blackman  and 
carried  by  the  Conference,  that  the  words  "humanity  and 
speculation  be  stricken  out  of  the  rule  made  by  the  Western 
Annual  Conference,  and  the  words  justice  and  mercy  in- 
serted." To  the  usual  query,  "What  method  shall  be  taken 
with  a  member  of  our  Society  that  shall  enter  into  the  slave 
trade,  and  buy  and  sell  a  slave  or  slaves?"  the  following 
answer  was  given:  "Every  preacher  who  has  the  charge  of 
a  circuit  shall  upon  information  received,  cite  every  such 
member  or  members  so  buying  or  selling  a  slave  or  slaves  to 
appear  at  the  ensuing  Quarterly  Meeting  Conference,  and 
submit  his  or  their  case  to  the  judgment  of  the  said  Quarterly 
Meeting  Conference,  who  shall  proceed  to  determine  whether 
the  person  or  persons  had  bought  or  sold  such  slave  or  slaves 
in  a  cause  of  justice  and  mercy  .  .  ."  and  if  a  majority  of 
the  Conference  decided  in  the  negative  the  accused  was  to 
be  expelled.6 

At  this  meeting  Leven  Edney,  the  owner  of  a  slave,  was 
recommended  from  the  Nashville  Circuit  for  the  ministrv,  and, 
after  an  examination  of  his  character,  was  approved.  Learner 
Blackman  was  his  security  that  he  would  set  his  slave  free 
when  it  was  practicable.7  As  the  laws  of  Tennessee  as  well 
as  those  of  most  of  the  Southern  states  required  security  for 
the  conduct  and  support  of  emancipated  slaves,  it  was  often 
impracticable  to  adhere  strictly  to  the  rules  of  the  church 
in  this  regard.  The  question  was  further  complicated  by  the 
fact  that  the  laws  not  only  recognized  the  right  of  property 
in  slaves,  but  closely  regulated  the  relations  of  master  and 
slave  as  a  civil  institution. 

In  1815,  after  making  a  few  minor  changes  in  the  slave 
rules,  the  Annual  Conference  again  prohibited  all  church 
members  from  engaging  in  the  slave  trade  under  penalty  of 
expulsion,  and  made  any  member  ineligible  to  the  office  of 
deacon  who  did  not  disapprove  of  slavery  and  express  a  will- 
ingness to  effect  a  legal  emancipation  of  his  slaves  as  soon  as 
it  was  practicable  for  him  to  do  so.8 

The  National  Conference  which  met  in  Baltimore  in  1816 
discussed   at  considerable  length  its  various  rulings  on  the 

wright,  Peter,  Fifty  Years  as  a  Presiding  Elder  (Cincinnati,  1871), 
pp.  53ff.  See  also  Goodspeed,  op.  cit.,  p.  663;  and  0.  P.  Temple,  East 
Tennessee  and  the  Civil  War  (1899),  pp.  97ff. 

6McFerrin,  op.  cit.,  Vol.  2,  pp.  261,  283.  See  also  Goodspeed, 
op.  cit.,  p.  668. 

7McFerrin,  op.  cit.9  Vol.  II,  p.  261. 

8Goodspeed,  op.  cit.,  p.  668;  Temple,  op.  cit.,  pp.  97ff. 


102  A.  E.  Martin 


subject  of  slavery,  and  especially  the  numerous  difficulties 
encountered  by  the  Southern  churches  in  a  strict  adhesion  to 
them.  The  action  taken  at  this  time  is  of  especial  interest.  In 
part  it  is  as  follows: 

"We  most  sincerely  believe,  and  declare  it  as  our  opinion, 
that  slavery  is  a  moral  evil.  But  as  the  laws  of  our  country 
do  not  admit  of  emancipation  without  a  special  act  of  the 
legislature,  in  some  places,  nor  admit  of  the  slave  so  liberated 
to  enjoy  freedom,  we  cannot  adopt  any  rule  by  which  we  can 
compel  our  members  to  liberate  their  slaves;  and  as  the  na- 
ture of  the  cases  in  buying  and  selling  are  various  and  com- 
plex, we  do  not  think  it  possible  to  devise  any  rule  sufficiently 
specific  to  meet  them.  But  to  go  so  far  as  we  can,  consistent 
with  the  laws  of  our  country  and  the  nature  of  the  things,  to 
do  away  with  the  evil,  and  remove  the  curse  from  the  church 
of  God,  it  is  the  resolution  of  this  Conference  that  the  follow- 
ing regulations  shall  be  adopted: 

"1.  If  any  member  of  our  Society  shall  buy  or  sell  a  slave 
or  slaves  in  order  to  make  gain,  or  shall  sell  to  any  person 
who  buys  to  sell  again  for  that  purpose,  such  member  shall  be 
called  to  an  account  as  the  Discipline  directs,  and  expelled 
from  the  church,  nevertheless,  the  above  rule  does  not  affect 
any  person  in  our  Society,  if  he  or  she  make  it  appear  that 
they  have  bought  or  sold  to  keep  man  and  wife,  parent  and 
children  together.  , 

"2.  No  person,  traveling  or  local,  shall  be  eligible  to  the 
office  of  deacon  in  our  church,  unless  he  assures  us  sentiently, 
in  person  or  by  letter,  that  he  disapproves  of  slavery  and  de- 
clares his  willingness  and  intention  to  execute,  whenever  it 
is  practicable,  a  legal  emancipation  of  such  slave  or  slaves, 
conformably  to  the  laws  of  the  state  in  which  he  lives."9 

The  position  of  the  Methodist  Episcopal  Church  as  ex- 
pressed in  these  resolutions  and  regulations,  together  with 
those  previously  given,  is  unmistakably  antagonistic  to  slav- 
ery. Through  its  strong  and  efficient  central  organization  it 
exerted  a  considerable  influence  in  favor  of  emancipation  in 
both  the  North  and  the  South.     Particularly  in  the  South, 

where  its  membership  was  large,  it  proved  a  great  force  in 
retarding  the  development  of  a  sentiment  in  support  of  the 
institution  of  slavery. 

When  at  the  Tennessee  Annual  Conference,  held  at  Frank- 
lin,  in  1817,  the  question  of  the  slave  trade  was  again  dis- 
cussed, it  was  decided  that  if  any  local  elder,  deacon  or 
preacher  in  the  Methodist  church  should  purchase  a  slave, 
the  Quarterly  Conference  should  say  how  long  the  slave  should 

•McFerrin,  op.  cit,  Vol.  II,  pp.  401ff. 


Methodist  Anti-Slavery  Activities  103 


serve  as  a  remuneration  for  the  purchase  money.  The  pur- 
chaser was  required  to  enter  into  a  written  obligation  to 
emancipate  the  slave  at  the  expiration  of  the  term  of  servitude, 
providing  the  laws  of  the  state  would  permit  it.10  The  same 
rule  applied  to  the  private  members  of  the  church,  whose 
cases  were  managed  by  a  committee  appointed  by  the  preacher 
having  charge  of  their  respective  circuits  instead  of  by  the 
Quarterly  Conference.  In  all  cases  relating  to  preachers, 
deacons,  elders  or  private  members,  the  children  of  purchased 
slaves  born  during  the  time  of  servitude  were  to  be  manu- 
mitted upon  arriving  at  the  age  of  twenty-live,  providing  the 
laws  should  then  permit  of  emancipation ;  but  if  they  did  not, 
these  children  were  to  be  submitted  to  the  proper  church 
authorities  to  determine  their  term  of  servitude.  This  rule 
further  required  the  seller  of  a  slave  to  record  in  the  county 
his  emancipation  at  the  expiration  of  the  term.11  It  was 
further  provided  that  "If  an  elder,  deacon,  preacher,  or  pri- 
vate member  among  us  shall  sell  a  slave  or  slaves  into  per- 
petual bondage,  they  shall  thereby  forfeit  their  membership 
in  the  Church."12  It  was  explicitly  stated,  however,  that  the 
above  rules  were  not  to  be  "so  construed  as  to  oblige  an  elder, 
deacon,  or  preacher,  or  private  member  to  give  security  for 
the  good  behavior  or  maintenance  of  the  slave  or  slaves  eman- 
cipated, should  the  court  require  it."13 

At  this  meeting  the  secretary,  Hardy  M.  Cryer,  was  called 
to  answer  concerning  slavery,  since  he  had  promised  the  last 
Conference  to  endeavor  to  emancipate  his  negroes  and  to  re- 
port to  the  next  Conference.  He  said  that  he  had  made  en- 
deavors but  had  not  succeeded  in  the  attempt,  and  the  Con- 
ference accepted  the  report.  He  stated  further  that  since 
the  last  Conference  he  had  purchased  a  negro  boy  and  he 
gave  his  reasons  for  the  act.  His  explanation  was  accepted. 
He  was  then  elected  to  the  office  of  elder.14  This  case  illus- 
trates well  the  fact  that  when  men  determined  to  own  slaves 
it  was  easy  to  make  it  appear  to  be  according  to  the  rules  of 
"justice  and  mercy"  to  retain  those  in  their  possession  or  to 
purchase  others. 

At  the  meeting  held  in  1818,  the  slave  regulations  of  the 
previous  year  were  repealed  and  the  following  resolution 
adopted :  "Resolved,  That  we  receive  the  printed  rule  on 
slavery  in  the  form  of  Discipline  as  full  and  sufficient  on 
the  subject."15 


10 

11 


McFerrin,  op.  cit.,  Vol.  II,  pp.  462ff. 

Ibid.     See  also  Goodspeed,  p.  668;  and  Temple,  op.  cit.,  p.  98. 
12Mr»Ferrin,  op.  cit.,  Vol.  II,  p.  465. 

"Ibid. 

"Ibid,  Vol.  II,  p.  467. 
"Ibid.,  Vol.  Ill,  pp.  19-20. 


104  A.  E.  Martin 


Anti-slavery  feeling  in  the  church  appears  to  have  cul- 
minated in  1819,  strengthened,  doubtless,  by  the  agitation  in 
Congress  in  connection  with  the  admission  of  Missouri  into 
the  Union.  The  struggle  in  the  Annual  Conference  was  pre- 
cipitated when  Peter  Cartwright,  one  of  the  leading  preachers 
in  the  Conference,  openly  accused  some  of  the  most  prominent 
ministers  in  the  state  of  "living  in  constant  violation  of  the 
Discipline  of  the  Church."16  In  his  "Autobiography"  he  makes 
the  following  comment  upon  this  incident:  "They  tried  to 
make  out  a  fair  excuse,  and  to  show  that  it  was  impracticable, 
according  to  the  laws  of  the  state,  and  I,  in  order  to  sustain 
my  charges  of  violating  the  Discipline  of  the  Church,  had  to 
show  that  they  could  at  any  time  emancipate  their  slaves  by 
becoming  surety  that  their  negroes,  when  emancipated,  did 
not  become  a  county  charge.  They  employed  a  distinguished 
lawyer,  F.  Grundy,  and  I  went  to  General  Jackson  for  coun- 
sel. The  case  was  fairly  stated  and  explained  in  open  con- 
ference, and  these  preachers  were  required  to  go  to  court  and 
record  a  bill  of  emancipation."17  The  Conference  refused  to 
ordain  two  candidates  for  the  ministry  because  they  were 
slaveholders  and  rejected  a  number  of  applicants  for  deacons'18 
orders.  In  this  connection  Peter  Cartwright  says:  "The 
discussion  of  the  subject  of  slavery  waked  up  some  bad  feel- 
ing, and  as  we  had  at  this  Conference  to  elect  our  delegates 
to  the  General  Conference  which  was  to  hold  its  session  in 
Baltimore  in  May,  1820,  these  slave-holding  preachers  deter- 
mined to  form  a  ticket  and  exclude  every  one  of  us  who  were 
for  the  Methodist  Discipline  as  it  was,  and  is  to  this  day.  As 
soon  as  we  found  out  their  plans  we  formed  an  opposite  ticket, 
excluding  all  advocates  of  slavery,  and  we  elected  every  man 
on  our  ticket."19  These  acts  elicited  from  the  minority  slavery 
party  a  strong  printed  protest,  copies  of  which  were  widely 
circulated  in  Tennessee.  One  copy  was  sent  to  each  member 
of  the  National  Conference.20    It  read  as  follows: 

"Be  it  remembered,  that  whereas  the  Tennessee  Annual 
Conference,  held  in  Nashville,  October  1,  1819,  have  taken  a 
course,  in  their  decisions,  relative  to  the  admission  of  preachers 
on  trial  in  the  traveling  connection,  and  in  the  election  of 
local  preachers  to  ordination,  which  goes  to  fix  the  principle 
that  no  man,  even  in  those  states  where  the  law  does  not  admit 
of  emancipation,  shall  be  admitted  on  trial,  or  be  ordained  to 
the  office  of  Deacon,  or  Elder,  if  it  is  understood  that  he  is 

"Autobiography    of   Peter   Cartwright,    the   Backwoods    Preacher.  H  I 

Edited  by  W.  P.  Strickland.     (New  York,  1857.)     P.  195. 
"Ibid. 

"Ibid.     McFerrin,  op.  cit.y  Vol.  Ill,  p.  160.  ■ 

"Cartwright,  Autobiography ;  p.  196. 

"Ibid. 


Methodist  Anti-Slavery  Activities  105 


the  owner  of  a  slave  or  slaves.  That  this  course  is  taken, 
is  not  to  be  denied;  and  it  is  avowedly  designed  to  fix  the 
principle  already  mentioned.  Several  cases  might  be  men- 
tioned, but  it  is  unnecessary  to  instance  any  except  the  case 
of  Gilbert  D.  Taylor,  proposed  for  admission,  and  Dudley 
Hargrave,  recommended  for  ordination.  We  deprecate  the 
course  taken  as  oppressively  severe  in  itself  and  ruinous  in  its 
consequences;  and  we  disapprove  of  the  principle  as  con- 
trary to,  and  a  violation  of,  the  order  and  Discipline  of  our 
Church.  We  therefore  do  solemnly,  and  in  the  fear  of  God, 
as  members  of  this  Conference,  enter  our  protest  against  the 
proceedings  of  Conference,  as  it  relates  to  the  above-named 
course  and  principle."21 

John  Johnson,  one  of  the  signers  of  the  protest,  in  a  letter 
the  following  year,  gave  his  reasons  for  his  action  as  well  as 
for  his  position  on  the  question  of  slavery,  which  are  of  espe- 
cial interest  because  they  are  typical  of  those  held  by  most 
of  the  other  so-called  pro-slavery  preachers  in  the  Conference. 
He  declared  his  disapproval  of  slavery,  and  stated  that  his 
opposition  to  the  majority  was  based  on  a  desire  to  prevent 
a  division  in  the  church.    In  part,  he  said : 

"Even  so,  our  church  will  never  be  raised  above  the  shame- 
ful factions  and  miserable  discords  which  now  disgrace  her, 
until  her  ministers  come  to  have  their  hearts,  as  Archimedes 
would  have  had  his  lever,  fixed  in  the  heavens.  ...  If  a 
division  takes  place,  which  I  much  fear,  what  effect  will  it 
have  in  Virginia,  North  and  South  Carolina,  Georgia,  Mis- 
sissippi, etc.  Will  it  not  deprive  us  of  access  to  both  the  slave- 
holder and  the  slave? 

"I  would  propose,  for  your  consideration  the  passage  of  a 

slave  rule  to  this  effect : 

"1.     That  every  slave-holder  in  our  church  shall  provide 

a  comfortable  house,  with  sufficient  bed  and  bedding,  for  every 

slave  in  his  possession. 

"2.  That  each  slave  shall  be  clothed  in  decent  apparel  in 
summer  and  warm  clothing  in  winter;  and  shall  have  plenty 
of  good  and  wholesome  food,  and  time  to  eat  it. 

"3.     That  every  slave  over  —  years  of  age  shall  be  taught 

to  read  the  Holy  Scriptures. 

21  Recollections  of  Rev.  John  Johnson  and  His  Home:     An  Auto- 
biography, by  Mrs.  Susannah  Johnson  (Nashville,  1869),  pp.  305-306. 

The  above  protest  was  signed  by  Thos.  L.  Douglass,  Thos. 
D.  Porter,  William  McMahon,  Benjamin  Malone,  Lewis  Gar- 
rett, Barnabas  McHenry,  William  Allgood,  William  Stribbling, 
Ebenezer  Hearn,  Timothy  Carpenter,  Thomas  Springfield,  Ben- 
jamin Edge,  Joshua  Boucher,  William  Hartt,  John  Johnson, 
Henry  B.  Bascon.  See  also  McFerrin,  Vol.  Ill,  p.  160;  Good- 
speed,  op.  cit.y  p.  670;  and  Temple,  op.  cit.,  p.  99. 


km; 


A.  E.  Martin 


"4.     That  every  slave  over 


mitted  to  attend  the  worship  of  God 


years  of  age  shall  be  per- 


times  in  every 


-r>.     Thai    every    slave   shall    attend    family    worship    twice 


a  day. 


.. 


<;.     That  every  slave  shall  be  allowed  one  hour  for  read 


nig  in  every 
"7.     That 


no  master  shall  inflict  more  than 


stripes 


for  any  one  offense,  nor  any  stripes  on  any  one  who  is  over 


years  of  age. 


"8.     That  no  slave  shall  be  compelled 
his  own  will. 


to  marry  against 


*t 


9.  No  master  shall  suffer  man  and  wife,  or  parent  and 
child,  to  be  parted  without  their  consent  when  it  is  in  his 
power — he  being  the  owner  of  one — to  prevent  it  by  buying 
or  selling  at  a  fair  price. 

"10.  On  any  complaint  being  made  against  a  member  for 
violation  of  these  rules  let  the  preacher  appoint  a  committee 
of to  investigate  the  facts  and  report  to  the  society. 

11.  Any  member  violating  or  refusing  to  comply  with 
the  above  rules  shall  be  dealt  with  as  in  other  cases  of  im- 


.. 


morality."22 

These  proposals,  though  issued  more  than  twenty  years 
before  the  division  of  the  church  over  the  question  of  slavery, 
are  found,  upon  comparison,  to  represent  almost  the  identical 
policy  adopted  by  the  Methodist  Episcopal  Church  of  the 
South  as  its  attitude  toward  slavery, — namely,  an  acceptance 
of  the  institution  with  the  assumption  of  the  task  of  making 
it  as  humane  and  enlightened  as  possible. 

Up  to  this  date  the  sentiment  seemed  to  be  well  nigh  uni- 
versal in  the  Tennessee  Conferences  that  slavery  was  a  great 
moral  evil,  a  curse  to  the  church,  and  that  slaveholding  was 
a  sin  not  to  be  tolerated  after  the  time  should  come,  which 
seemed  to  be  anticipated,  when  the  laws  of  the  state  would 
permit  emancipation.  The  Methodist  itinerants  almost  to  a 
man  had  been  in  favor  of  emancipation.  Some  of  the  minis- 
ters even  held  that  slaveholding  should  be  made  a  test  of  mem- 
bership in  the  church,  while  others  strenuously  urged  it  as  a 
condition  of  salvation.23 

From  1819  to  1822  the  Presiding  Elder,  James  Axley,  a 
prominent  East  Tennessee  preacher,  and  the  circuit  preacher, 
Enoch  Moore,  used  a  rigid  anti-slavery  policy  in  the  adminis- 
tration of  Discipline.  They  not  only  refused  to  license  slave- 
holders to  preach  but  actually  denied  them  the  privilege  of 
exhorting.  Furthermore,  they  allowed  no  slaveholding  mem- 
ber or  official  of  the  church  to  lead  a  public  prayer  meeting.24 


^Johnson,  op.  cit.,  pp.  307-11. 
"McFerrin,  op.  cit.f  Vol.  II,  p. 
"Ibid.,  pp.  261,  243,  494ff. 


261 


Methodist  Anti-Slavery  Activities  107 


These  harsh  measures  produced  much  irritation  and  fric- 
tion in  the  church  and  greatly  injured  the  cause  of  the  anti- 
slavery  element  by  alienating  many  of  the  more  moderate  fol- 
lowers. Consequently  in  1822  George  Ekin,  who  replaced 
James  Axley,  placed  a  more  liberal  interpretation  on  the  above 
rules  of  the  church,  a  policy  which  prevailed  during  the  re- 
mainder of  the  slavery  period.  From  this  time  on,  slave- 
holding  men  were  ordained  to  preach  after  they  had  given  a 
promise  to  emancipate  their  slaves  "so  soon  as  practicable."25 
Since  the  laws  of  the  state  were  so  strict  regarding  emancipa- 
tion that  it  was  seldom  found  practicable,  the  number  of  slaves 
held  by  the  ministers  and  the  members  gradually  increased 
regardless  of  the  action  of  the  Conferences. 

At  the  Annual  Conference,  held  at  Columbia,  Tennessee, 
in  1824,  the  question  of  slavery  came  up  again  in  the  form  of 
ant  address  from  the  "Moral  and  Religious  Manumission  So- 
ciety of  West  Tennessee."  This  address  was  referred  to  a  spe- 
cial committee  appointed  for  its  consideration.  When,  after 
considerable  discussion,  it  was  again  brought  before  the  Con- 
ference without  any  action  having  been  taken  on  the  subject, 
this  body  resolved  to  return  the  address  to  the  committee 
accompanied  with  a  note  stating  "that  so  far  as  the  address 
involves  the  subject  of  slavery  Ave  concur  in  the  sentiment  that 
slavery  is  an  evil  to  be  deplored  and  that  it  should  be  counter- 
acted by  every  judicious  and  religious  exertion."26 

From  this  date  until  the  formation  of  the  Southern  Meth- 
odist Episcopal  Conference  in  1844  no  important  action  was 
taken  by  the  Annual  Conferences  of  Tennessee  on  the  subject 
of  slavery,  though  considerable  anti-slavery  activity  was  dis- 
played at  various  times  in  local  churches  and  District  Con- 
ferences, especially  in  East  Tennessee,  where  the  antagonism 
to  slavery  was  always  pronounced.  One  instance  will  be  suffi- 
cient to  illustrate  this  sentiment.  As  late  as  1826  the  District 
Conference,  which  assembled  in  Green  County,  in  answer  to  an 
address  from  the  Manumission  Society  of  Tennessee  to  the 
various  religious  denominations  of  the  state,  expressed  the  good 
will  of  that  body  in  the  work  and  issued  a  strong  declaration 
in  favor  of  legal  emancipation.27 

A  great  many  ministers   and  members  of  the  Methodist 

2*Ibid.,  p.  261;  Goodspeed,  op.  cit.,  p.  668. 

Among  those  who  were  not  permitted  to  preach  by  James 
Axley  on  account  of  being  the  owner  of  slaves  was  William 
Garrett. 

26McFerrin,  op.  cit.,  Vol.  Ill,  pp.  270ff. 

This  resolution  was  offered  by  two  members  who  them- 
selves or  their  parents  were   slaveholders. 

27Genius  of  Universal  Emancipation,  December  22,  1827,  Vol.  7, 
p.  194. 


108  A.  E.  Martin 


"McFerrin,  op.  cit.,  Vol.  I,  p.  150;  Vol.  II,  p.  494.  See  also  the 
local  histories  of  Tennessee,  Ohio,  Indiana,  and  Illinois,  particularly 
Rufus  King's  History  of  Ohio. 


» 


Cartwright,  Fifty  Years  a  Presiding  Elder,  p.  24. 


Church  of  Tennessee,  under  the  influence  of  the  anti-slavery 
feeling  that  pervaded  all  denominations  in  the  state  previous 
to  1824,  emigrated  to  the  free  states  north  of  the  Ohio  River. 
In  this  way  the  most  active  anti-slavery  workers  in  the  church, 
being  unable  to  influence  the  actions  of  that  body  in  regard 
to  slavery  and  despairing  of  any  action  on  the  part  of  the 
government,  left  the  state  in  order  to  free  themselves  from 
the  evils  of  a  slave  society.28 

The  Methodists  of  the  state  appear  to  have  been  fully  as 
diligent  in  the  enforcement  of  the  strong  rules  laid  down  by 
the  National  Conference  on  the  subject  of  slavery  as  those 
of  any  other  section  of  the  South.  Up  to  1824  probably  no 
religious  denomination  having  a  foothold  in  the  South,  with 
the  exception  of  the  Quakers,  had  been  so  steadfastly  opposed 
to  slavery.  Peter  Cartwright  once  made  the  assertion  that 
the  Methodist  Episcopal  Church  had  "been  the  cause  of  the 
emancipation  of  more  slaves  in  these  United  States  and  Terri- 
tories than  all  other  religious  denominations  put  together."29 

The  Methodist  Church  from  the  first  was  opposed  to  slav- 
ery, and  from  1784  to  1824  tried  to  legislate  it  out  of  the 
church.  From  1824  to  1844  the  rules  regarding  slavery  re- 
mained practically  the  same,  although  little  effort  was  made 
to  enforce  them.  In  the  meantime  slavery  in  the  South  had 
been  rapidly  gaining  in  strength  by  stringent  legislative  acts 
and  ministerial  advocacy.  More  and  more  did  the  legislatures 
of  the  South  block  up  the  way  to  practicable  emancipation. 
In  commenting  upon  this  change  in  the  attitude  of  the  South- 
ern Methodists  toward  slavery,  Peter  Cartwright,  who  preached 
from  1808  to  1824  in  the  South,  chiefly  in  Tennessee,  says: 
"It  is  a  notorious  fact  that  all  the  preachers  from  the  slave- 
holding  states  denounced  slavery  as  a  moral  evil;  but  asked  of 
the  General  Conference  mercy  and  forbearance  on  account  of 
the  civil  disabilities  they  labored  under  so  that  wre  got  along 
tolerably  smooth.  I  do  not  recollect  a  single  Methodist 
preacher  at  that  day  that  justified  slavery.  .  .  .  Methodist 
preachers  in  those  days  made  it  a  matter  of  conscience  not 
to  hold  their  fellow  creatures  in  bondage,  if  it  was  practicable 
to  emancipate  them,  comformably  to  the  laws  of  the  state  in 
which  they  lived.  Methodism  increased  and  spread,  and  many 
Methodist  preachers,  taken  from  comparative  poverty,  not  able 
to  own  a  negro,  and  who  preached  loudly  against  it,  improved 
and  became  popular  among  slaveholding  families,  and  became  . 
personally  interested  in  slave  property.    They  then  began  to 


Methodist  Anti-Slavery  Activities  109 


apologize  for  the  evil;  then  to  justify  it,  on  legal  principles; 

then  on  Bible  principles/'30 

A  study  of  the  history  of  the  Methodist  Episcopal  Church 
shows  a  gradual  change  in  its  policy  toward  slavery.  At  first 
it  was  bold  and  outspoken  in  its  opposition,  then  cautious  and 
conservative,  and  finally  it  warmly  espoused  an  institution  it 
had  once  unshrinkingly  condemned.  Because  in  all  things  it 
belonged  to  the  masses,  its  consequent  wheeling  about  with 
public  opinion  is  easily  understood.  Therefore  when,  in  1844, 
the  question  of  whether  or  not  a  bishop  could  own  slaves  came 
before  the  National  Conference  of  the  Church,  the  majority  de- 
creed that  he  could  not.  Thereupon  the  Southern  members 
withdrew  and  organized  the  Methodist  Episcopal  Church  of 
the  South.  The  delegates  from  Tennessee,  and  indeed  all  the 
members  from  the  slaveholding  states,  except  four  from  Balti- 
more and  one  from  Texas,  voted  against  the  action  of  the 
majority  and  supported  the  Southern  organization. 


Asa  Earl  Martin. 


Pennsylvania  State  College. 


30 


Cartwright 


In  1824  Peter  Cartwright 
his  opposition  to  slavery. 


EARLY  CORPORATE  LIMITS  OF  NASHVILLE.1  i 

In  explanation  of  the  subject  of  discussion  which  may  be 
termed  "Early  Corporate  Limits  of  Nashville,"  I  will  say  that 
some  years  ago  I  became  interested  in  informing  myself  as 
to  changes  in  the  corporation  line  of  the  city  since  its  original 
incorporation. 

The  information  compiled  by  me  was  obtained  from  the 
Acts  of  the  Legislature  of  the  State  and  from  entries  in  the 
Minutes  of  the  old  Mayor  and  Aldermen  of  the  City  of  Nash- 
ville. These  old  Minute  Books  were  at  that  time  stored  away 
in  the  City  Recorder's  Office.  They  had  no  indexes  and  I  had 
to  page  the  books  to  find  these  entries.  I  believe  that  the 
data  which  I  have  on  this  subject  has  never  been  compiled. 

Before  calling  your  attention  to  the  early  growth  of  the 
City  of  Nashville,  with  especial  reference  to  the  extension  of 
its  corporate  limits,  it  might  be  of  interest  to  give  you  some 
of  the  facts  connected  with  the  original  laying  off  of  the  city, 
and  also  to  mention  the  names  of  the  original  streets. 

By  an  Act  of  the  Legislature  of  the  State  of  North  Carolina, 
passed  in  1782,  it  was  provided  that  no  grant  should  include 
any  salt  lick  or  salt  spring,  these  places  being  declared  to 
be  reserved  as  public  property,  together  with  640  acres  of  the 
adjoining  lands,  for  the  common  use  and  benefit  of  the  in- 
habitants. The  aborigines  and  all  the  wild  animals  knew  the 
location  of  these  salt  licks  and  springs.  They  were  of  great 
value  to  the  people,  as  well  as  to  the  grass-eating  animals;  and 
as  we  know,  there  was  a  salt  lick  and  is  now  a  salt  spring  in 
the  northern  portion  of  the  City  of  Nashville,  near  the  base- 
ball park. 

Pursuant  to  this  Act  of  the  Legislature  of  the  State  of 
North  Carolina,  Thomas  Mulloy  was  employed  as  a  surveyor 
to  lay  off  the  640  acres  of  land  reserved  around  our  sulphur 
spring,  then  called  the  "French  Salt  Lick."  This  tract,  making 
one  square  mile,  was  laid  off  by  Mulloy,  with  boundaries  about 

as  follows: 

The  north  line  was  where  Jefferson  Street  is  now,  and  the 
south  line  was  about  where  the  Howard  School  is  located; 
the  east  line  was  the  river,  and  the  west  line  was  about  where 
Stonewall  Street,  or  Fifteenth  Avenue,  now  is. 

In  1784  the  Legislature  of  North  Carolina  enacted  that  200 
acres  of  the  land  appropriated  to  the  French  Salt  Lick  should 

*A  paper  read  at  a  meeting  of  the  "Pudding  Stone  Club"  on 
November  12,  1915,  at  Nashville,  Tenn.,  and  published  in  the  Nash- 
ville Tennessean  and  American  for  November  21,  1915.  It  was  hoped 
that  this  paper  might  be  published  in  the  Magazine  for  March,  1916, 
together  with  that  of  Mr.  Park  Marshall,  to  which  it  adds  a  very 
interesting  complement.     The  paper,  however,  was  received  too  late 

to  permit  its  appearance  in  the  March  number. 


Early  Limits  of  Nashville  111 


be  laid  off  at  a  place  called  "The  Bluff  of  the  Cumberland 
River"  for  a  town  to  be  called  "Nashville,"  and  it  was  further 
provided  that  this  French  Salt  Lick  should  not  be  included 
in  this  200  acres. 

There  had  previously  been  a  settlement  at  the  bluff,  called 
"Nashborough"   named  for   General   Francis  Nash,  of  North 

* 

Carolina,  who  had  been  a  friend  of  James  Robertson,  and  who 
was  killed  at  the  battle  of  Germantown,  Pennsylvania,  in  the 
Revolutionary  War. 

The  same  Thomas  Mulloy  who  surveyed  the  640-acre  reser- 
vation also  surveved  the  200  acres  for  the  Town  of  Nashville. 
The  description  of  this  200  acres  may  be  given  now  as  follows : 
Beginning  at  the  northwest  corner  of  Broadway  and  First 
Avenue,  North;  running  thence  west  along  the  north  line  of 
Broadway  to  the  northeast  corner  of  Broadway  and  Ninth 
Avenue,  North;  running  thence  north  along  the  east  side  of 
Ninth  Avenue,  North,  to  Church  Street;  thence  continuing  in 
the  same  direction  and  along  the  alley  between  Eighth  Avenue, 
North,  and  Ninth  Avenue,  North  (north  of  Church  Street) 
and  along  the  eastern  side  of  old  McLemore  Street,  now  Ninth 
Avenue,  North,  to  the  south  side  of  Jo  Johnston  Avenue; 
thence  east  along  the  south  side  of  Jo  Johnston  Avenue  to  the 
alley  between  Fourth  Avenue,  North,  and  Third  Avenue, 
North;  thence  at  right  angles  northwardly  along  this  alley 
about  600  feet  to  a  point  about  where  Whiteside  Street  ex- 
tended would  intersect  same;  and  thence  again  at  right  angles 
east  to  the  west  side  of  First  Avenue,  North;  thence  south 
along  the  west  side  of  First  Avenue,  North,  to  the  north  side 
of  Bridge  Street  (Bridge  Street  being  the  little  street  that 
leaves  the  Public  Square  at  its  northeast  corner,  running 
toward  the  river,  where  the  old  Main  Street  bridge  was  lo- 
cated) ;  thence  west  along  the  north  side  of  Bridge  Street  to 
a  point  in  line  with  the  west  side  of  First  Avenue  North  (south 
of  the  square)  extended  northwardly;  thence  south  along  said 
extended  line  and  the  west  side  of  First  Avenue,  North,  to  the 
point  of  beginning. 

It  will  be  observed  that  the  boundaries  of  these  200  acres, 
the  original  lines  of  the  City  of  Nashville,  do  not  include  any 
part  of  the  land  lying  along  the  river  bluff  between  First 
Avenue,  North,  and  the  river. 

By  an  Act  passed  September  11,  1806,  the  Town  of  Nash- 
ville, in  the  County  of  Davidson,  and  the  inhabitants  thereof, 
were  constituted  a  body  politic  and  corporate  under  the  name 
of  the  "Mayor  and  Aldermen  of  the  Town  of  Nashville." 

This  200  acres  of  land  allotted  to  the  town  was  laid  off  into 
165  lots  of  one  acre  each.  There  were  onlv  two  streets  in  this 
plan  which  ran  east  and  west.     One  of  these,  Cedar  Street, 


112  R.  B.  C.  Howell 


ended  on  the  east  at  the  Public  Square,  and  the  other,  Spring 
Street,  now  Church  Street,  ended  at  Water  Street,  afterwards 
Front  Street,  and  now  First  Avenue,  North.  Neither  Broad 
Street,  nor  McLemore  (now  Ninth  Avenue,  North),  nor  Line 
Street  (now  Jo  Johnston  Avenue)  were  in  the  corporate  limits. 

The  streets  running  north  and  south  were  Main  Street, 
afterwards  Market  Street,  and  now  Second  Avenue,  North, 
and  College,  Cherry,  Summer,  High,  Vine  and  Spruce  Streets, 
now  Third,  Fourth,  Fifth,  Sixth,  Seventh  and  Eighth  Avenues, 
North,  respectively.    There  were  no  alleys  in  the  original  plan. 

At  this  time  we  might  wonder  why  these  streets  were 
made  so  narrow.  We  must  remember  that  methods  of  trans- 
portation have  changed  wonderfully  even  in  the  last  few  years, 
and  the  number  and  variety  of  vehicles  have  greatly  increased. 
There  are  probably  many  persons  now  living  who  can  recall 
the  day  when  ladies  residing  in  the  country  thought  no  more 
of  coming  to  town  on  horseback  than  their  granddaughters 
do  now  of  being  brought  in  their  automobiles.  In  those  days 
a  blockade  of  the  streets  was  unheard  of.  The  fashion  of  wide 
streets  is  altogether  modern.  In  those  days  there  were  very 
few  wheeled  vehicles  of  any  kind  and  very  few  things  to  haul 
in  them.  The  people  who  did  not  walk,  rode  horseback,  and 
very  seldom  had  more  than  they  could  easily  carry  themselves. 

It  is  not  known,  so  far  as  I  have  been  able  to  learn,  why, 
and  from  whom,  the  original  streets  of  the  Town  of  Nashville 
received  their  names.    It  is  probable  that  Water  Street,  after- 


wards Front,  and  now  First  Avenue,  North,  was  given  that 
name  for  the  reason  that  it  was  nearest  the  water,  although 
Surveyor  Mulloy  had  cut  off  the  town  from  access  to  the  river. 
I  know  of  no  reason  why  the  name  was  afterwards  changed 
to  Front  Street. 

Cherry  and  Summer  Streets  were  probably  simply  fancy 
names.  High  Street  may  have  been  so  called  because  it  ran 
over  the  top  of  what  was  then  Campbell's  Hill,  now  Capitol 
Hill,  and  thus  at  that  point  was  the  highest  street  in  the  city. 

I  can  offer  no  explanation  for  the  names  of  Vine  and  Spruce 
Streets.  It  has  been  said  that  at  the  time  of  the  foundation 
of  the  City  of  Nashville  merchants  in  the  South  did  most  of 
their  trading  in  Philadelphia,  and  that  some  of  our  street 
names  were  adopted  from  the  names  of  Philadelphia  streets. 
This  might  be  an  explanation. 

College  Street  was  so  called  because  the  main  buildings 
of  Davidson  Academy  faced  the  southern  end  of  this  street. 
The  main  entrance  to  the  college  grounds  was  by  a  flight  of 
stone  steps  at  the  end  of  South  College  Street,  just  south  of 
the  present  Franklin  Street,  and  the  walkway  led  straight 
from  the  entrance  to  the  door  of  the  central  building. 


Early  Limits  of  Nashville  113 


Spring  Street,  now  Church  Street,  originally  derived  its 
name  from  the  fact  that  somewhere  between  Market  and  Col- 
lege Streets,  in  Spring  Street,  there  was  a  bold  spring.  In 
after  years  a  number  of  churches  were  built  on  this  street. 
There  was  a  Methodist  Church  on  the  north  side  of  the  street 
between  Cherry  Street  and  Printers'  Alley.  The  First  Pres- 
byterian Church,  McKendree  Church,  Christ  Church,  where  the 
Hitchcock  Building  now  is,  and  probably  others  were  also  on 
Church  Street. 

Cedar   Street  evidently  obtained  its  name  from  the  fact 

that  practically  the  entire  street  as  originally  laid  off  ran  over 

a  knob  or  hill  covered  with  cedar  trees,  which  is  now  Capitol 
Hill. 

Line  Street  naturally  got  its  name  from  the  fact  that  it 
was  the  north  line  of  the  city. 

To  me  it  has  always  been  a  serious  question  whether  or 
not  it  was  wise  to  change  the  names  of  our  original  streets, 
because  it  tends  to  blot  out  of  public  memory  important  land- 
marks in  the  history  of  the  city. 

Four  acres  of  the  original  200  acres  were  reserved  for  the 
erection  of  public  buildings,  and  this  is  now  our  Public  Square. 
The  custom  of  having  public  squares  prevails  generally  in 
Middle  Tennessee,  but  whether  or  not  it  was  derived  from  the 
old  Spanish  practice  or  the  example  set  by  the  City  of  Nash- 
ville cannot  be  determined. 

The  first  change  in  the  original  corporate  limits  of  the 
City  of  Nashville  was  by  an  Act  passed  November  16,  1815, 
when  a  grant  theretofore  made  to  John  McNairy  of  200  acres 
was  amended  to  the  extent  that  the  land  Iving  between  the 
eastern  boundary  line  of  the  city  and  the  west  bank  of  the 
Cumberland  River  was  excluded  from  the  McNairy  grant  which 
had  included  that  land.  By  this  same  Act  this  property  was 
declared  to  be  a  part  of  the  City  of  Nashville.  After  this  Act 
there  was  a  series  of  lawsuits  between  John  McNairy  and 
the  Town  of  Nashville,  McNairy  probably  rightfully  claiming 
that  the  title  to  this  property  called  the  "Bluff"  was  still  in 
him.  Afterwards,  on  May  19,  1818,  a  paper  was  signed  by 
John  P.  Erwin,  Mayor,  which  recited  that  an  agreement  and 
compromise  had  been  entered  into  between  John  McNairy  and 
the  Mayor  and  Aldermen  of  the  Town  of  Nashville  which  put 
an  end  to  the  matter  and  the  town  quit-claimed  to  McNairy 
that  part  of  the  Bluff  from  about  the  present  location  of  Lo- 
cust Street  to  the  north  line  of  the  city,  and  McNairy  quit- 
claimed to  the  city  the  rest  of  the  Bluff  property  from  Locust 
Street  south  to  Broad  Street.  Judge  McNairy  seemed  still 
to  be  dissatisfied,  and  afterwards,  on  June  5,  1822,  a  long  entry 
was  made  on  the  Minutes  of  the  Circuit  Court  in  the  case  of 


114  If.  B.  C.  Howell 


John  McNairy  vs.  Andrew  Hines,  and  others,  reciting  the  his- 
tory of  the  title  to  this  Bluff  property,  and  ordering  that  the 
calls  in  the  different  grants  be  amended  so  as  to  definitely 
settle  the  matter  according  to  the  compromise  agreement. 

The  next  addition  to  the  corporate  limits  of  the  Town  of 
Nashville  was  by  an  Act  passed  October  14,  1824,  by  which 
the  property  commonly  known  now  as  "Black  Bottom"  was 
annexed  to  the  southern  limits  of  the  city.  This  addition  to 
the  city  limits  included  the  property  from  High  Street  east 
to  the  river  and  from  Broad  Street  south  to  a  line  running 
east  and  west  a  short  distance  north  of  Peabody  Street-    . 

On  August  30,  1830,  the  boundaries  of  the  city  were  again 
changed  and  the  property  between  McLemore  Street  on  the 
west,  Hamilton  Street  and  Lick  Branch  on  the  north  and  the 
corporate  limits  (Line  Street)  on  the  south,  and  the  cor- 
porate limits  (the  alley  between  College  and  Cherry  Streets) 
on  the  east,  was  added  to  the  city,  and  also  a  strip  of  ground 
on  the  western  boundary  of  the  city  fronting  400  feet  wide  • 
and  running  from  Church  Street  to  Line  Street,  was  included 
in  the  corporate  limits. 

By  an  Act  of  March  28,  1838,  that  property  between  the 
then  northern  lines  of  the  city  and  Jefferson  Street  was  taken 
into  the  corporation. 

By  an  Act  of  November  27,  1843,  Lots  Nos.  181  and  182  in 
the  Division  of  the  Keal  Estate  of  Judge  John  McNairy,  being 
two  lots  lying  on  the  southwest  corner  of  Jefferson  and  Mc- 
Lemore Streets,  were  annexed  to  the  city. 

By  an  Act  of  the  Legislature,  passed  on  November  19,  1851,    | 
the  Town  of  South  Nashville  was  incorporated.     The  limits 
of  the  Town  of  South  Nashville  may  be  described  as  follows: 

Beginning  at  the  Southeast  corner  of  the  corporation  of 
Nashville  on  Cumberland  River,  which  may  be  located  now  as 
a  point  on  the  south  bank  of  the  river  a  few  feet  north  of 
where  Peabody  Street  extended  would  intersect  same,  and 
running  westwardly  with  the  line  of  said  corporation  to  it» 
southwest  corner  on  High  Street;  thence  south  along  High 
Street  to  where  the  line  of  free  territory  crosses  High  Street ; 
thence  westwardly  along  the  free  territory  line  to  the  west 
side  of  the  N.,  C.  &  St.  L.  Railway,  which  point  would  be  a 
few  feet  south  of  where  Lee  Avenue  extended  would  intersect 
the  said  railroad ;  thence  in  a  southerly  direction  and  parallel 
with  High  Street  crossing  the  Franklin  Turnpike  (now  Eighth 
Avenue,  South)  and  continuing  the  same  direction  until  it 
strikes  a  point  in  Chestnut  Street  between  where  it  crosses 
the  Nashville  and  Decatur  Railroad  and  intersects  the  Cumber- 
land Park  Boulevard  just  south  of  St.  Cloud  Hill;  thence  in 
an  eastern  direction  parallel  with  and  a  few  feet  south  of 


Early  Limits  of  Nashville  115 


I 


Humphreys  Street  until  it  intersects  the  Nolensville  Turnpike 
Road;  thence  in  a  northeasterly  direction  crossing  the  N.,  C. 
&  St.  L.  Railway  at  a  point  between  the  Cherry  Street  crossing 
and  the  College  Street  Bridge  to  the  first  milestone  on  the 
Murfreesboro  Turnpike  Road,  which  is  at  the  intersection  of 
Fairfield  Avenue  and  the  Murfreesboro  Pike;  thence  along 
Fairfield  Avenue  and  continuing  in  the  same  direction  to  Cum- 
berland River;  and  thence  down  the  river  to  the  place  of  be- 
ginning. 

On  the  15th  day  of  June,  1854,  an  election  was  held  in 
the  Town  of  Nashville,  and  another  in  the  Town  of  South 
Nashville,  to  ascertain  the  wishes  of  the  people  as  to  a  union 
between  the  Towns  of  Nashville  and  South  Nashville,  and 
the  articles  of  union  which  had  been  previously  agreed  upon 
were  ratified  by  majorities  of  309  and  235,  respectively,  in 
the  two  Towns.  By  this  act  of  union  the  property  described 
above  was  annexed  to  and  made  a  part  of  the  Town  of  Nash- 
ville. 

On  December  4,  1865,  on  petition  directed  to  the  Mayor  and 
Aldermen  of  the  Town  of  Nashville,  filed  by  some  of  the  resi- 
dents of  the  then  Thirteenth  Civil  District  of  Davidson  Countv, 
the  property  between  the  then  northern  limits  of  the  town 
(Jefferson  Street)  on  the  south,  McLemore  Street  on  the  west, 
the  river  on  the  east  and  the  line  just  south  of  Taylor  Street 
on  the  north  was  annexed  to  the  city. 

In  the  early  part  of  the  year  1866  a  petition  was  presented 
to  the  Mayor  and  Aldermen  of  the  Town  of  Nashville,  signed 
by  about  sixteen  citizens  and  owners  of  real  estate  in  the  then 
Tenth  Civil  District  of  Davidson  County,  requesting  that  cer- 
tain property  described  in  the  petition  might  become  and  be 
made  a  part  of  the  corporation.  The  property  described  in 
this  petition  may  be  bounded  as  follows : 

On  the  east  by  the  corporate  limits  of  the  city ;  on  the  north 
by  Cedar  Street;  on  the  west  by  Stonewall  Street,  and  on  the 
south  by  Division  Street.  This  proposed  annexation  was  en- 
joined by  bill  in  the  Chancery  Court  filed  by  W.  H.  McNairy 
and  others.  This  bill  was  dismissed  by  the  Chancellor  and 
the  case  appealed  to  the  Supreme  Court.  At  that  time  the 
Supreme  Court  was  years  behind  in  try  its  docket.  Pending 
this  appeal,  and  without  regard  to  it,  an  election  was  held  in 
1870,  the  result  of  which  was  that  the  territory  described  in 
the  petition  was  annexed  to  the  city. 

On  April  24,  1868,  a  petition  was  filed  by  a  number  of  citi- 
zens of  the  Seventeenth  District  of  Davidson  County,  in  the 
County  Court  requesting  that  body  to  incorporate  them  into 
a  town  to  be  known  and  designated  as  "Edgefield,"  with  boun- 
daries as  set  out  in  the  petition.    It  appears  that  before  action 


116 


R.  B.  C.  Howell 


was  taken  on  this  petition  the  Legislature  of  1868-9  passed  an 
Act  incorporating  the  Town  of  Edgefield,  and  by  Act  passed 
December  22,  1879,  the  corporate  limits  of  the  City  of  Nash- 
ville were  extended  so  as  to  include  the  Town  of  Edgefield. 

It  would  be  tedious  for  me  to  describe  in  detail  the  various 
extensions  from  1879  down  to  date.  I  will,  however,  mention 
a  few  additions  to  the  corporate  limits  that  may  be  of  interest. 

In  1893  an  Act  was  passed  by  which  a  lot  on  the  northwest 
corner  of  McTyeire  Street  and  the  N.,  C.  &  St.  L.  Railway, 
upon  which  lot  was  the  building  afterwards  occupied  as  a 
saloon  for  many  years  by  Mr.  John  Campbell,  was  included 
in  the  corporate  limits.  This  lot  was  several  hundred  feet 
from  the  corporation  line,  and  in  order  to  get  it  inside  the 
city,  so  Mr.  Campbell  could  obtain  a  saloon  license,  the  line 
was  run  south  on  the  east  side  of  McTyeire  Street  to  a  point 
opposite  to  southeast  corner  of  the  lot  and  then  across  the 
street,  then  around  this  lot  back  to  the  west  side  of  McTyeire 
Sreet  and  then  north  to  the  city  limits. 

A  similar  thing  was  done  in  1901.  The  corporation  line 
was  run  from  Fairfield  Avenue  on  the  Murfreesboro  Pike,  out 
that  pike  to  the  southeast  corner  of  a  lot,  upon  which  the 
storehouse  of  Thomas  Dillehunty  was  situated;  thence  north 
along  the  line  of  that  lot  to  an  alley  in  the  rear,  and  thence 
west  and  parallel  with  the  pike  to  the  city  limits;  this  addi- 
tion took  into  the  corporation  Thomas  Dillehunty's  storehouse 
which  was  in  " Jimtown"  and  probably  half  a  mile  from  the  cor- 
porate limits.  This  property  only  remained  in  the  city  for 
two  years,  for  by  Act  of  the  Legislature  of  1903  it  was  excluded. 

There  have  been  several  instances  where  Acts  of  the  Legis- 
lature have  been  passed  annexing  single  lots  to  the  corporate 
limits ;  and  on  the  other  hand,  there  have  been  instances  where, 
in  extending  the  corporate  limits,  certain  property  has  been 
intentionally  left  "outside.  The  property  of  the  Tennessee 
Manufacturing  Company,  now  occupied  by  Warioto  Cotton 
Mills,  although  for  many  years  half  a  mile  or  more  south  of 
the  north  boundary  line  of  the  city,  was  not  within  the  city 
limits,  for  the  reason  that  the  corporation  line  ran  south  on 
the  west  side  of  the  alley  between  North  Spruce  Street  and 
North  Vine  Street  to  the  Cotton  Mill  property,  around  that 
property  and  back  to  the  east  side  of  this  alley,  and  then  north 
to  Clay  Street,  thus  leaving  that  entire  property  outside  of 
the  city  limits. 

A  similar  thing  was  done  in  the  same  year,  1890,  when  the 
property  then  occupied  by  Weakley  &  Warren  Furniture  Fac- 
tory in  the  Fourteenth  Ward  was  left  outside  the  corporation 

line,  although  the  property  adjoining  it  on  all  sides  was  in 
the  city. 


# 


Early  Limits  of  Nashville  117 


In  the  same  year  practically  all  of  the  property  on  both 
sides  of  the  N.,  C.  &  St.  L.  Railway  far  enough  east  so  as  to 
include  the  property  now  occupied  by  Noel  &  Company,  for- 
merly the  Tennessee  Packing  &  Stockyards  Company,  was  left 
outside  the  corporate  limits. 

There  have  been  a  number  of  instances  where  the  property 
was  taken  inside  the  city  by  one  Legislature  and  excluded  at 
a  subsequent  session. 

In  giving  the  description  of  the  Town  of  South  Nashville, 
mention  was  made  of  the  line  of  "Free  Territory."  In  Novem- 
ber, 1785,  the  Legislature  of  North  Carolina  granted  240  acres 
of  land  to  trustees  for  Davidson  Academy.  The  tract  was  de- 
scribed in  the  grant  by  courses  and  distances  which  I  will 
translate  as  follows: 

Beginning  at  a  point  on  the  bank  of  the  Cumberland  River 
opposite  the  southeastern  corner  in  the  City  of  Nashville  and 
in  the  north  margin  of  Broad  Street,  running  thence  west 
along  the  north  margin  of  Broad  Street  to  the  northeast  cor- 
ner of  Broadway  and  McLemore  (now  Ninth  Avenue)  Streets; 
thence  north  along  the  east  margin  of  McLemore  (now  Ninth 
Avenue)  to  a  point  about  300  feet  north  of  Cedar  Street;  thence 
west  about  800  feet  to  a  point  just  west  of  Walnut  Street  (now 
Tenth  Avenue,  North)  and  thence  south  and  parallel  with 
Tenth  Avenue,  North,  to  a  point  about  where  Lee  Avenue 
extended  would  intersect  the  right-of-way  of  the  N.,  C.  &  St.  L. 
Railway,  and  thence  in  an  easterly  direction,  crossing  Eighth 
Avenue,  South,  about  where  Eighth  Avenue  curves  north  of 
Lee  Avenue  and  crossing  Fourth  Avenue,  South,  about  the 
corner  of  Peabody  Street,  passing  through  the  former  residence 
of  Mr.  W.  T.  Hardison  and  just  south  of  the  building  now 
occupied  by  Dr.  Burch  as  an  infirmary,  and  continuing  in 
the  same  direction  to  a  point  on  the  river  bluff  just  in  front 
of  the  northwest  corner  of  the  City  Hospital  Building;  and 
thence  northeastwardly  to  the  river  bank  and  thence  north- 
wardly down  the  river  to  the  point  of  beginning. 

By  the  Act  of  the  General  Assembly  of  North  Carolina, 
which  incorporated  the  Trustees  of  Davidson  Academy,  it  was 
provided  that  no  lands  the  title  to  which  might  be  vested  in 
the  Trustees  of  Davidson  Academy  should  be  subject  to  taxa- 
tion for  a  period  of  ninety-nine  years.  This  240  acres  was  the 
free  territory  which  played  such  an  important  part  in  the 
history  of  Nashville  previous  to  1884.  Previous  to  the  year 
1836  Cumberland  College  had  been  incorporated,  Davidson 
Academy  merged  into  it,  and  the  college  had  sold  a  large  por- 
tion of  this  240  acres.  By  the  Act  of  1806,  which  incorporated 
Cumberland  College,  the  property  of  the  college  was  declared 
free  from  taxation  forever. 


• 


118 


R.  B.  C.  Howell 


In  1836  the  taxing  authorities  of  the  state  concluded  that 
these  exemptions  from  taxation  were  only  intended  to  last 
while  the  property  belonged  to  the  college.  To  test  the  ques- 
tion, they  assessed  for  taxation  a  part  of  the  free  territory, 
which  belonged  at  that  time  to  the  firm  of  Hicks,  Ewing  & 
Company.  The  owners  resisted  the  collection  of  the  tax,  and 
the  Supreme  Court,  in  an  opinion  report  in  9  Yerger,  page 
487,  held  that  the  property,  though  sold  by  the  college,  was  not 
liable  to  taxation.  Thus  the  matter  rested  until  after  the 
adoption  of  the  Constitution  of  1870  and  the  passage  of  the 
Revenue  Act  of  1879,  when  another  effort  was  made  to  require 
the  payment  of  taxes  assessed  upon  these  lands.  The  State 
Comptroller  filed  a  petition  in  the  Circuit  Court  of  Davidson 
County  for  a  writ  of  mandamus  to  compel  the  County  Trustee 
to  assess  and  collect  taxes  upon  certain  lota  within  this  terri- 
tory. The  Circuit  Judge  granted  the  writ,  but  upon  appeal 
to  the  Supreme  Court  his  judgment  was  reversed  and  the  writ 
refused,  mainly  upon  the  ground  that  the  lands  had  for  so 
many  years  been  untaxed  that  freedom  from  taxation  had  be- 
come a  rule  of  property,  and  the  few  years  to  elapse  before 
the  expiration  of  the  ninety-nine  years'  exemption  made  it  im- 
politic then  to  reverse  the  action  of  the  previous  Supreme 
Court.  This  decision  was  given  by  a  divided  court,  three  to 
two,  at  the  December  Term,  1881,  and  is  reported  in  8  Lea 
at  page  594. 

In  1884  the  ninety-nine  years  period  of  exemption  expired 
and  the  freedom  from  taxation  ceased. 

It  has  now  been  one  hundred  and  thirty-one  years  since 
the  establishment  of  the  Town  of  Nashville.  We,  of  this  gen- 
eration, and  especially  those  of  us  who  were  born  and  have 
lived  all  our  lives  in  Nashville,  have  been  so  engaged  in  late 
years  with  other  and  much  less  profitable  forms  of  entertain- 
ment that  we  are  too  likely  to  overlook  what  I  consider  a  most 
important  part  of  our  education.  I  hope  that  none  of  us  will 
ever  be  unable  to  answer  the  question  about  the  origin  and 
growth  of  Nashville,  which  I  am  sure  some  day  our  children 


will  ask  us. 

Nashville,  Tennessee. 


R.  B.  C.  Howell. 


A  HISTORY  OF  THE  LIFE  OF  GENERAL  WILLIAM 

TROUSDALE.1 

William  Trousdale  was  born  in  Orange  County,  North 
Carolina,  on  the  23rd  day  of  September,  1790.  His  father, 
James  Trousdale,  was  of  Scotch-Irish  parentage  and  was  born 
in  Pennsylvania  shortly  after  his  parents  landed  in  America. 
The  latter  was  a  soldier  in  the  Continental  Army  in  the  war 
of  1776,  commanding  a  company  of  North  Carolina  patriots 
throughout  the  struggle  for  Independence,  in  which  service 
he  received  serious  wounds,  and  was  honorably  discharged 
at  its  close.  For  his  services  in  that  war,  the  State  of  North 
Carolina  made  him  a  grant  of  six  hundred  and  forty  acres 
of  land.  This  grant,  being  No.  1,  was  located  in  the  terri- 
tory of  Tennessee,  in  what  was  then  Davidson  County,  but  is 
now  Sumner,  and  embraced  within  its  bounds  a  portion  of 
the  site  of  the  present  town  of  Gallatin.  Captain  Trousdale 
emigrated  with  his  familv  from  North  Carolina  to  Tennessee 
in  the  year  1796  and  settled  upon  this  land,  erecting  his  log 
dwelling  upon  a  spot  but  a  few  paces  distant  from  that  now 
occupied  by  the  Court  House. 

The  pioneers  who  had  preceded  Captain  Trousdale  to  this 
immediate  section  of  country  were  few  and  far  between.  At 
this  period  Sumner  County  was  a  wilderness,  dense  forests 
of  heavy  timber  and  an  almost  impenetrable  undergrowth 
of  cane  covering  the  face  of  the  land.  Buffalo,  deer,  bear  and 
panther  were  among  the  wild  beasts  that  browsed  in  the  ex- 
tensive forests,  or  made  their  lairs  in  the  thick  canebrakes. 
Obvious  dangers,  as  well  as  privations  and  difficulties,  con- 
fronted the  hardy  immigrant  to  this  unsubdued  region.  It 
is  true  that  peace  had  just  been  concluded  with  the  Indians 
and  their  tribes  removed  after  a  protracted  and  sanguinary 
struggle  for  supremacy  in  this  desirable  quarter.  Neverthe- 
less, numbers  of  them  still  lingered  in  these  favorite  hunting 
grounds,  lurking  in  the  fastnesses  by  day  and,  at  night,  prowl- 
ing for  plunder  or  revenge  among  the  defenseless  habitations 
of  the  scattered  pioneers.  It  was  not  uncommon  to  hear  the 
report  of  a  red  man's  rifle  as  it  brought  down  some  unwary 
white  victim,  or  to  see  a  settler's  humble  cabin  in  flames,  fired 
by  the  torch  of  a  savage  incendiary. 

It  is  apparent  that  the  bold  adventurer  to  this  wild  region 
at  so  early  a  day  was  compelled  to  use  freely  first  the  rifle 

xThis  Biographical  Sketch  of  Governor  Trousdale  was  written  sev- 
eral years  ago  by  his  son,  Hon.  J.  A.  Trousdale,  of  Gallatin,  Tennes- 
see. For  permission  to  publish  it  the  Magazine  is  under  obligation 
to  Mrs.  J.  A.  Trousdale. 


ll'O  -/.  A.   Trousdale 


and  the  axe  before  the  plow  and  the  sickle  could  be  brought 
into  requisition.  Unremitting  vigilance  and  hard  manual 
labor  were  his  portion.  With  trusty  weapon  ever  at  hand 
for  protection  from  sudden  attack  by  his  stealthy  foe,  he  had 
to  fell  and  clear  the  forest  before  the  virgin  soil  could  be 
broken  and  a  crop  planted  and  cultivated.  There  were  no 
drones  in  the  early  settler's  hive — none  was  exempt  from  duty; 
but  all  were  subjected  to  the  rugged  discipline  which  a  com- 
mon necessity  enforced. 

Surrounded  by  scenes  like  these,  the  subject  of  this  memoir 
received  his  first  impressions,  growing  up  to  manhood  amid 
the  trying  experiences  of  rude  pioneer  life.  It  is  not,  there- 
fore, wonderful  that  one  reared  under  such  influences  should 
have  become  familiar  with  privation  and  inured  to  hardship; 
nor  that  a  character  molded  during  contact  with  such  stern 
realities  should  have  retained  subsequently  well-defined  traces 
of  its  earlier  environment. 

In  view  of  what  has  already  been  said,  it  is  hardly  neces- 
sary to  add  that,  at  this  period,  Sumner  County  was  upon 
the  very  outpost  of  civilization,  where  schools  for  the  educa- 
tion of  the  young  were  exceedingly  scarce.  Those  to  be  found 
were  indeed  primitive  in  their  character  and  presided  over  by 
instructors  of  slender  literary  attainments.  Isolated  as  was 
the  country,  agriculture  was  the  one  pursuit  of  the  citizen, 
and  almost  every  article  of  domestic  use  and  consumption 
was  of  home  production.  During  the  greater  part  of  the  year 
the  young  as  well  as  the  old  were  employed  in  farm  work,  so 
that  the  doors  of  the  crude  educational  institutions  were  open 
only  during  the  idle  season.  At  such  intervals  of  release  from 
manual  labor  William  Trousdale's  primary  studies  were  pur- 
sued under  the  direction  of  teachers  whose  meagre  qualifica- 
tions greatly  limited  their  instructions  even  in  the  rudimental 
branches  of  scholastic  training.  However,  he  profited  by  such 
advantages  as  were  afforded  him,  rapidly  developed  a  taste 
for  learning  and  exhibited  capacity  for  the  highest  intel- 
lectual culture. 

Ere  long  the  fertile  soil  and  salubrious  climate  of  Middle 
Tennessee  attracted  immigration,  and,  with  the  influx  of  popu- 
lation, there  came  improved  educational  facilities,  of  which 
William  Trousdale  eagerly  availed  himself.  As  he  was  ad- 
vancing to  manhood  he  became  a  student  of  Rev.  Gideon 
Blackburn,  an  eminent  divine  and  distinguished  educator, 
under  whom  (and  Mr.  John  Hall  afterwards,  another  gentle- 
man of  rare  learning  and  superior  capability  as  a  teacher), 
his  education  was  chiefly  acquired.  It  was  while  a  pupil  of 
Mr.  Blackburn,  in  1813,  that  the  Creek  Indians  began  hos- 
tilities, and  it  became  necessary  to  call  out  the  military  to 


. 


Life  of  William  Trousdale  121 


suppress  them.  Laying  aside  his  books,  William  Trousdale 
shouldered  his  rifle  and  volunteered  as  a  private  in  Captain 
William  Edwards'  company  of  Mounted  Riflemen,  of  which 
he  was  elected  the  third  lieutenant  shortly  after  having 
reached  the  Indian  country.  He  was  in  the  battle  of  Talla- 
shatchee,  fought  by  General  Coffee,  the  first  engagement  had 
with  the  Indians  in  that  war. 

Learning  that  the  Indians  were  collected  in  large  force 
at  Tallashatchee,  General  Jackson  sent  a  body  of  nine  hun- 
dred men,  under  the  command  of  General  Coffee,  to  attack 
them.  They  were  found  at  the  place  named  in  strong  force 
and  ready  for  battle.  General  Coffee  attacked  them  and  a 
bloody  conflict  ensued  which  resulted  in  a  complete  victory 
for  the  whites,  although  the  savages  fought  desperately  and 
left  nearly  two  hundred  of  their  warriors  dead  on  the  field. 

Shortly  thereafter  General  Jackson  fought  his  first  battle 
with  the  Creeks  at  Talledega  and  gained  a  crushing  victory 
over  them,  more  than  three  hundred  of  their  number  having 
been  killed  in  the  engagement.  Lieutenant  Trousdale,  with 
his  company,  participated  in  this  fight. 

After  the  battle  of  Talledega  the  army  was  reduced  to 
great  distress  for  lack  of  provisions,  the  soldiers  being  driven 
to  the  necessity  of  subsisting  on  acorns,  and,  in  consequence, 
General  Jackson  was  forced  to  remain  inactive  in  camp  from 
December  until  the  Match  following.  It  was  in  this  campaign 
that  Lieutenant  Trousdale  performed  the  daring  feat  of  swim- 
ming the  Tennessee  River  on  horseback  at  the  Muscle  Shoals. 
He  had  been  entrusted  with  a  mission  which  required  him  to 
cross  the  river.  There  was  no  boat  at  hand,  neither  could  he 
swim,  and  he  must  either  recoil  fromi  the  danger  or  accept 
the  perilous  situation.  He  chose  to  perform  his  duty  regard- 
less of  the  great  risk  to  himself  it  involved.  "Trusting  to  his 
faithful  charger,"  as  another  has  described  the  feat,  "and  im- 
pelled by  his  daring  spirit,  with  all  his  baggage  he  plunged 
into  the  stream.  At  one  moment  his  horse  was  above  water 
on  a  rock  and  the  next  moment  he  plunged  into  swimming 
water,  and  for  nearly  three  miles  the  noble  animal  struggled 
on  until  he  carried  his  rider  safely  to  shore." 

His  term  of  enlistment  having  expired,  Lieutenant  Trous- 
dale returned  home  and  re-entered  school.  But  he  had  pursued 
his  studies  only  a  short  time  when,  in  1814,  the  British  army 
having  entered  Washington  City  and  burned  the  Capitol,  the 
country  became  inflamed  and  eager  to  avenge  the  outrage. 
A  force  of  the  enemy  was  also  gathering  on  our  southern 
coast  and  a  call  was  made  on  Tennessee  for  volunteers  to 
go  and  meet  them.  To  this  call  William  Trousdale  responded. 
Again   putting   aside  his   books,   he,   together  with   manv  of 


V22  J.  A.  Trousdale 


his  school  companions,  enrolled  his  name  in  the  company 
raised  by  George  Elliott,  his  neighbor  and  friend,  who  was 
subsequently  elected  Lieutenant-Colonel  of  the  regiment, 
Thomas  Scurry  succeeding  him  as  Captain.  William  Trous- 
dale served  as  a  private  throughout  the  term  of  his  enlist- 
ment, declining  staff  appointments  that  were  repeatedly  offered 
him,  as  he  preferred  to  remain  with  the  company  in  which 
lie  had  enlisted. 

The  regiment  to  which  he  belonged  joined  General  Jackson 
early  in  November,  1814,  and,  on  the  6th  day  of  that  month 
the  army  moved  against  Pensacola,  Florida,  to  obtain  redress 
of  the  Spanish  Governor  for  harboring  the  British.  Having 
arrived  before  that  town,  General  Jackson  sent  in  a  flag  of 
truce  with  a  demand  upon  the  governor,  but  it  was  fired  on 
and  forced  to  leave.  On  the  day  following  the  town  wag 
stormed  and  taken.  While  the  fight  was  progressing  in  the 
streets  the  advance  of  our  troops  was  checked  at  one  point 
by  a  gun  which  raked  a  street,  dealing  death  in  its  ranks. 

In  this  emergency,  William  Trousdale,  with  several  other 
daring  spirits,  rushed  rapidly  forward  in  the  face  of  the 
enemy's  fire,  drove  the  gunners  from  the  deadly  piece,  cap- 
tured it,  and  thus  removed  the  obstacle  which  had  stopped 
the  progress  of  our  men. 

Although  the  town  had  been  captured  and  was  occupied 
by  the  Americans,  yet  the  fort  still  held  out  defiantly  and 
kept  up  a  fire  on  our  lines.  General  Jackson  determined 
that  it  should  be  taken,  and  forthwith  ordered  an  assault 
upon  it.  A  call  was  made  for  volunteers  to  carry  out  this 
desperate  undertaking.  At  first  there  was  no  response,  for 
even  those  brave  men  hesitated  to  engage  in  what  seemed  to 
be  a  forlorn  hope,  and  to  march  into  the  very  jaws  of  certain 
death.  At  this  trying  moment,  William  Trousdale  broke  the 
silence  by  proclaiming  himself  ready  for  the  assault.  Then, 
addressing  his  hesitating  companions,  he  reminded  them  that 
it  was  General  Jackson's  order  that  the  fort  should  be 
stormed,  and  that  it  must  be  executed;  that  they  had  volun- 
teered to  fight  the  enemies  of  their  country  and  had  marched 
a  thousand  miles  to  meet  them;  that  the  British  had  already 
burnt  the  capitol  of  the  republic  and  driven  the  government 
from  its  post,  and  that  their  aiders  and  abetters  were  that 
moment  firing  on  them.  If,  said  he,  under  these  circumstances, 
they  should  disobey  the  order  of  their  commander  and  refuse 
to  storm  the  fort,  he  would  consider  them  disgraced.     Thig 


appeal  had  the  desired  effect,  and  in  a  few  minutes  after  it 
had  been  made  the  storming  party  was  raised  and  the  assault 
fixed  for  the  following  morning  at  two  o'clock.    Every  arrange- 


Life  of  William  Trousdale  123 


merit  was  made  for  the  attack  ere  the  little  band  of  men  who 
were  to  undertake  it  laid  down  to  rest.  Said  General  Trous- 
dale, in  speaking  of  the  incident:  "I  had  my  scaling  ladder 
prepared  and  leaned  it  against  a  pine  tree  close  to  my  tent 
and  then  laid  down  to  sleep.  On  the  following  morning  we 
were  on  the  eve  of  moving  in  the  execution  of  the  scheme 
when  the  fort  surrendered." 

Shortly  after  these  operations,  it  was  definitely  ascertained 
that  the  British  were  concentrating  forces  for  an  attack  on 
New  Orleans,  and  thither  General  Jackson  moved  his  army. 
The  march  from  Pensacola  to  New  Orleans  was  toilsome  and 
perilous.  Rain  fell  in  torrents  almost  incessantly  during  the 
entire  journey,  swelling  the  creeks  and  rivers  and  rendering 
the  passage  of  the  streams  both  difficult  and  dangerous,  as 
they  had  to  be  crossed  by  swimming  on  horseback.  But  the 
destination  of  the  hardy  militia  was  ultimately  reached,  and, 
on  the  22d  day  of  December,  the  brigade  of  General  Coffee,  to 
which  Trousdale  belonged,  encamped  a  few  miles  above  the 
city  of  New  Orleans. 

By  two  o'clock  on  the  afternoon  of  the  23d  of  December 

the  enemy  had  occupied  a  position  which  left  the  road  to  the 
city  open  to  him.  General  Jackson  resolved  to  assail  him 
at  once,  and,  the  same  evening,  near  sunset,  General  Coffee's 
brigade  moved  through  the  city  to  meet  the  enemy  below.  By 
a  flank  movement  he  succeeded  in  reaching  the  enemy's  rear, 
while  General  Jackson  bore  down  upon  him  in  front.  It 
was  eight  o'clock  at  night,  the  moon  shining  brightly,  when 
Coffee's  brigade  came  in  collision  with  the  enemy  in  an  open 
plain  eight  miles  below  New  Orleans.  While  the  battle  was 
progressing,  re-enforcements  for  the  enemy,  arriving  from  be- 
low, encountered  General  Coffee's  brigade;  and  thus,  between 
two  lines  of  the  British,  it  fought  from  nine  o'clock  at  night 
until  two  o'clock  in  the  morning.  This  action,  though  not 
decisive,  proved  to  be  a  severe  blow  to  the  enemy,  and  greatly 
favored  the  ultimate  success  of  the  Americans  in  the  opera- 
tions around  New  Orleans.  It  inspired  them  with  confidence 
wiiile  it  dispirited  the  enemy,  and  taught  the  British  veterans 
that  the  raw  American  recruits  confronting  them  were  their 
match  on  any  ground. 

In  this  engagement,  one  major,  two  lieutenants  and  thirty 
privates  were  taken  prisoners  by  the  company  of  which  Wil- 
liam Trousdale  was  a  member.  "In  the  course  of  the  fight," 
says  a  narrator  of  the  event,  "a  charge  was  ordered  on  the 
enemy  who  were  beyond  a  fence  and  had  the  levee  between 
them  and  our  troops.  Rushing  forward  in  the  lead  of  his  men, 
Trousdale  mounted  the  fence  and  was  ready  to  spring  over 
to  the  onset  when,  on  looking  back,  he  perceived  that  his  men 


124 


J.  A.  Trousdale 


had  been  ordered  to  retreat  and  had  left  him  alone  to  receive 
the  fire  of  the  enemy.  He  escaped,  however,  and  returned  with 
a  volley  of  balls  Hying  around  him." 

As  daylight  approached  the  American  army  took  position 
and  began  the  erection  of  breastworks  which  they  stubbornly 
held  to  the  end.  On  the  27th  of  December  the  enemy  made  a 
fierce  attack  upon  these  works  and  sought  to  drive  their  de- 
fenders from  them  with  cannon,  rockets  and  musketry.  This 
light  lasted  during  the  better  portion  of  the  day,  the  assail- 
ants withdrawing  towards  evening,  having  failed  in  their  at- 
tempt. Again  on  the  1st  day  of  January,  1815,  an  assault  was 
made  with  cannon  and  small  arms,  which  lasted  nearly  all 
day,  but,  as  before,  the  enemy  was  unsuccessful  in  his  efforts 
to  drive  the  Americans  from  their  wrorks.  It  was  on  the  8th 
of  January  that  the  main  assault  was  made,  when  the  entire 
British  force  was  hurled  against  our  little  arniv  of  militia. 
The  history  of  this  memorable  battle  is  familiar  to  all,  and 
need  not  be  repeated  here.  Suffice  it  to  say  that  the  conflict 
was  in  many  respects,  one  of  the  most  remarkable  in  the  his- 

of  modern  warfare,  and  resulted  in  a  signal  victory  for 
the  American  arms.  * 


toiy 


On  the  eventful  day  last  mentioned  William  Trousdale 
was  at  his  post  discharging  his  duty  from  the  firing  of  the 
first  gun  until  the  retreat  of  the  British  to  Fort  Boyer.  In 
addition  to  the  above  battles,  in  all  of  which  he  participated, 
he  was,  during  the  siege,  in  several  night  skirmishes.  In  one 
of  the  latter,  his  daring  spirit  led  him  quite  within  the  British 
line  of  sentinels,  and  very  near  the  guard  fire;  but  he  escaped 

fired  on  bv  the  whole 


although 


without  capture  or  injury, 
British  line. 

In  the  spring  of  1815,  after  peace  had  been  made,  William 
Trousdale  returned  to  Tennessee  and  resumed  his  studies  un- 
der Mr.  John  Hall,  and  finished  his  course  of  education  in 
1816.  Soon  thereafter  he  began  the  study  of  the  law,  and  was 
admitted  to  the  bar  in  1820.  The  practice  of  the  law  contin- 
ued to  be  the  regular  pursuit  of  his  life.  He  was  a  diligent 
student  of  the  science  of  jurisprudence,  devoted  to  his  profes- 
sion and  delighted  in  its  practice.  As  it  proved  lucrative  and 
afforded  him  most  agreeable  employment,  a  sense  of  duty  to 
his  country  and  his  party  alone  led  him  at  times  to  exchange 
its  pursuit  for  services  less  remunerative  and  less  in  harmony 
with  his  tastes  and  preferences. 

In  1827  he  was  married  to  Miss  Mary  Ann  Bugg,  a  lady 


of  culture  and  refinement,  to  whom  he  wras  devotedly  attached 
and  with  whom  his  life  was  happily  passed.    The  fruit  of  this 
marriage  were  seven  children,  four  of  whom  survived  him. 
He  was  chosen  Senator  to  the  State  Legislature  in  1835, 


Life  of  William  Trousdale  125 


• 


and,  in  1836,  was  elected  a  major  general  of  militia.  In  the 
latter  year  a  call  was  made  by  the  general  government  on 
Tennessee  for  assistance  to  quell  Indian  disturbances  in  the 
south,  which  the  regulars  and  volunteers  in  the  field  had 
failed  to  suppress.  He  volunteered  his  services  for  the  war 
against  the  Creek  and  Seminole  Indians,  and  was  chosen 
captain  of  the  company  in  which  he  enlisted.  At  the  organi- 
zation of  the  regiment  at  Fayetteville,  Tennessee,  he  was 
elected  colonel.  This  was  the  Second  Regiment  of  Mounted 
Volunteers  from  Tennessee.  At  the  head  of  this  regiment  he 
arrived  in  Florida  and  had  two  set  battles  and  several  skir- 
mishes with  the  Indians  under  Osceola,  the  celebrated  chief, 
in  all  of  which  the  enemy  was  defeated.  In  these  actions  he 
greatly  distinguished  himself  by  his  fearless  intrepidity. 

On  one  occasion,  during  this  campaign  in  Florida,  a  charge 
was  made  on  a  hammock  swarming  with  Indian  warriors 
while  his  men  were  receiving  a  galling  cross-fire.  "Then  it 
was,"  to  adopt  the  language  of  another,  "that  Colonel  Trous- 
dale vainly  attempted  to  force  his  horse  through  the  closely 
matted  vines  and  shrubbery,  and  in  the  midst  of  a  terrific 
shower  of  rifle  balls  leaped  from  his  horse,  seized  his  holsters, 
and  on  foot  bade  his  command  'follow  him.'    Thev  did  follow 

t/ 

him  and,  hand  to  hand,  struggled  with  the  foe  in  the  ham- 
mock and  came  out  victorious." 

Returning  home  on  the  expiration  of  his  term  of  enlistment, 

he  was  shortly  thereafter  tendered,  by  General  Jackson,  an 
appointment  as  Brigadier-General  in  the  army  of  the  United 
States,  but  he  chose  not  to  accept  it,  and  in  response  to  the 
offer  said:  "I  value  the  compliment,  but  decline  the  appoint- 
ment, as  I  desire  no  connection  with  the  army  except  in  times 
of  war." 

In  1837  he  was  nominated  by  the  Democratic  party  in  his 
district  a  candidate  for  Congress.  Although  supported  by  a 
larger  vote  than  his  party  strength,  the  Whig  majority  was 
not  overcome,  and  he  was  consequently  defeated.  In  the  pres- 
idential campaign  of  1840  he  was  the  Democratic  nominee 
for  elector  in  his  Congressional  District.  He  canvassed  the 
district  thoroughly  and  acquitted  himself  to  the  entire  satis- 
faction of  his  party. 

It  may  be  remarked  in  this  connection  that  the  subject  of 
our  sketch  was  several  times  put  forward  as  the  candidate  of 
his  party  for  Congress;  but  it  was  like  leading  a  forlorn  hope, 
for  his  party  was  greatly  in  the  minority  and  he  was  suc- 
cessively defeated,  though  he  ran  ahead  of  his  ticket.  His 
repeated  acceptance  of  the  position  of  standard-bearer  of  his 
party,  even  in  the  face  of  certain  defeat,  was  but  illustrative 


126  J.  A.  Trousdale 


of  his  unselfish  disposition  and  earnest  devotion  to  the  prin- 
ciples and  policies  that  inspired  his  political  faith. 

In  1847  President  Polk  commissioned  William  Trousdale 
Colonel  of  Infantry  in  the  United  States  Army.  The  war 
with  Mexico  was  then  pending,  and  General  Scott  was  organ- 
izing an  army  to  march  on  the  capital  of  that  country.  This 
appointment  was  made  without  the  solicitation  or  knowledge 
of  its  recipient;  but  it  was  nevertheless  promptly  accepted, 
and  he  repaired  forthwith  to  New  Orleans  preparatory  to 
starting  with  his  regiment  for  the  scene  of  hostilities.  He 
reached  New  Orleans  on  the  7th  of  April,  where  his  regiment, 
the  Fourteenth  Infantry,  was  speedily  raised,  equipped  and 
embarked,  and  on  the  13th  of  June  he  landed  with  it  at  Vera 
Cruz.  He  was  assigned  to  the  Third  Division  of  the  Army, 
commanded  by  Major  General  Gideon  J.  Pillow,  and  set  out 
on  the  18th  of  June  for  General  Scott's  headquarters,  which 
were  then  at  Puebla,  arriving  there  on  the  8th  of  tluly.  The 
army  began  its  march  to  the  City  of  Mexico  on  the  10th  of 
August,  and  on  the  13th  reached  the  valley  in  which  the 
decisive  conflicts  of  the  war  were  soon  to  be  fought.  Contin- 
uing their  forward  movement,  on  the  19th  of  the  same  month 
the  American  forces  encountered  the  Mexican  army,  under 
General  Valentia  at  Contreras.  The  Americans  stood  all  night 
under  arms  and  at  daybreak  on  the  20th  charged  and  took 
the  enemy's  works  and  routed  him  before  sunrise.  Without 
haltiing,  they  pursued  and  overtook  the  retreating  Mexicans 
at  Cherubusco,  where  they  were  found  in  force  and  well  pre- 
pared for  defense.  On  the  same  day  they  were  attacked, 
routed  and  pursued  to  within  one  mile  and  a  half  of  the  gate 
of  the  city.  Colonel  Trousdale,  with  his  regiment,  shared  in 
these  brilliant   actions,   capturing  in  the  latter  engagement 

the  Irish   flag  and  the  deserters  from  our  army  who  were 
fighting  under  it. 

After  a  short  truce  between  the  contending  armies,  hostil- 
ities were  resumed,  and  the  battle  of  Molino  del  Rey  followed 
on  the  8th  of  September.  The  result  was  a  victory  for  the 
Americans.  Colonel  Trousdale  led  his  regiment  in  this  fight, 
and  was  struck  on  the  shoulder  by  an  escopet  ball,  and  his 
horse  was  shot  under  him.  His  wound  was  slight,  however, 
and  was  not  reported. 

On  the  12th  of  September  an  attack  was  made  of  Chepul- 
tepec,  the  main  fortress  of  the  Mexicans.  Colonel  Trousdale 
led  his  regiment  to  the  building  called  Molino  del  Rey,  under 
a  heavy  shower  of  shell  and  grapeshot.  Here,  under  the  walls 
of  the  strong  fortification,  they  lay  on  their  arms  until  the 
following  morning,  when  it  was  to  be  stormed.  On  the  morn- 
ing of  the  13th,  before  the  attack  was  begun,  General  Pillow 


Life  of  William  Trousdale  127 


placed  Colonel  Trousdale  in  command  of  a  brigade  of  his 
division  and  assigned  him  the  position  he  was  to  occupy.  A 
fierce  and  bloody  conflict  ensued,  the  Mexicans  fighting  with 
stubborn  bravery ;  they  were  beaten,  however,  the  fortress  was 
taken,  and  the  fugitive  remnant  of  its  defenders  pursued  to 
the  city  walls.  In  performing  the  part  assigned  him  on  this 
occasion,  Colonel  Trousdale  was  twice  wounded  in  the  right 
arm,  the  second  shot  shivering  the  bone  above  the  elbow;  still 
he  remained  in  command  of  his  brigade  and  led  it  until  the 
enemy  had  been  routed  and  the  batterv  taken  against  which 
his  efforts  had  been  directed.  It  was  not  until  after  the  fight 
was  over  and  hisf  wounds  had  been  dressed  that  he  retired 
from  the  field. 

In  their  official  reports  of  the  battle  of  Chepultepec,  Gen- 
erals Scott  and  Pillow  both  made  especial  and  complimentary 
mention  of  Colonel  Trousdale's  conduct  on  that  occasion.  Gen- 
eral Scott  says :  "To  the  north,  and  at  the  base  of  the  mound, 
inaccessible  on  that  side,  the  Eleventh  Infantry,  under  Lieu- 
tenant Colonel  Hebert,  the  Fourteenth,  under  Colonel  Trous- 
dale, and  Captain  Magruder's  field  battery,  First  Artillery — 
one  section  advanced  under  Lieutenant  Jackson — all  of  Pil- 
low's division  had,  at  the  same  time,  some  spirited  affairs 
against  superior  numbers,  driving  the  enemy  from  a  battery  in 
the  road  and  capturing  a  gun.  In  these  the  officers  and  corps 
named  gained  merited  praise.  Colonel  Trousdale,  the  com- 
mander, though  twice  wounded,  continued  on  duty  until  the 
heights  were  carried."  And  General  Pillow  says: 
"Colonel  Trousdale's  command,  consisting  of  the  Eleventh  and 
Fourteenth  regiments  of  infantry  and  Magruder's  field  battery, 
engaged  a  battery  and  large  force  of  the  enemy  in  the  road 
immediately  on  the  west  of  Chepultepec.  The  advanced  section 
of  the  battery,  under  the  command  of  the  brave  Lieutenant 
Jackson,  was  dreadfully  cut  up  and  almost  disabled.  Though 
the  command  of  Colonel  Trousdale  sustained  a  severe  loss,  and 
the  gallant  and  intrepid  Colonel  was  badly  wounded  by  two 
balls  which  shattered  his  right  arm,  still  he  maintained  his 
position  with  great  firmness,  drove  the  enemy  from  his  battery, 
and  turned  his  guns  upon  his  retreating  forces." 

This  decisive  action  virtually  ended  the  Mexican  War,  and 
the  Mexicans  shortly  after,  yielded  to  the  demands  of  their 
victorious  conquerors.  When  peace  was  made,  Colonel  Trous- 
dale was  assigned  to  the  command  of  the  Third  Division  of  the 
Army  on  its  homeward  march.  Having  discharged  this  duty, 
he  retired  to  private  life  and  resumed  the  practice  of  his  pro- 
fession. 

On  the  23d  day  of  August,  1848,  President  Polk  appointed 
Colonel  Trousdale  a  Brigadier  General  by  Brevet  in  the  army 


- 


128  J.  A.  Trousdale 


of  the  United  States,  to  rank  as  such  from  the  13th  day  of 
September,   1847,  "for,"   as  the  commission  states,  "gallant 

and  meritorious  conduct  in  the  battle  of  Chepultepec."  The 
commission,  however,  conferred  only  an  honorary  distinction, 

Colonel  Trousdale's  connection  with  the  army  ceased  with  the 
restoration  of  peace  in  this  instance  as  under  prior  similar 
circumstances. 

In  1849  General  Trousdale  received  the  nomination  of  the 
Democratic  party  for  Governor  of  the  State.  At  this  period 
the  great  leading  political  organizations  of  this  republic  were 
the  Whig  and  Democratic  parties.  In  this  State  these  two 
parties  alone  confronted  each  other  and  struggled  for  the 
supremacy.  They  were  pretty  evenly  divided  as  to  strength, 
the  former  having  rather  the  advantage,  and  for  quite  a  space 
of  time  were  alternately  successful  in  the  State  elections. 
This  circumstance,  together  with  the  exciting  nature  of  the 
questions  at  issue,  awakened  the  liveliest  interest  in  the  polit- 
ical campaigns.  So  it  was  when  General  Trousdale  became  a 
candidate  for  governor.  He  and  his  competitor,  the  nominee 
of  the  Whig  party,  jointly  canvassed  the  State  from  one  end 
to  the  other.  The  result  of  the  poll  was  a  Democratic  victory, 
and  General  Trousdale  was  chosen  to  succeed  a  governor 
elected  by  the  Whig  party.  During  his  administration  peace 
prevailed  throughout  the  country,  Tennessee  grew  in  popula- 
tion and  wealth,  and  steadily  pushed  forward  her  public  im- 
provements. Governor  Trousdale  was  nominated  a  second 
time  for  the  same  position,  in  1851,  but  was  this  time  defeated 
by  a  small  majority  after  a  heated  campaign. 

On  the  24th  day  of  May,  1853,  Ex-Governor  Trousdale  was 
commissioned  by  President  Pierce  "Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  United  States  at  the  Court 
of  the  Emperor  of  Brazil."  He  accepted  this  appointment  and 
set  out  for  his  post  of  duty  in  July,  1853,  arriving  in  Septem- 
ber of  the  same  year  at  Rio  de  Janeiro,  where  he  took  up  his 
official  residence.  Besides  performing  the  ordinary  duties 
pertaining  to  the  position  which  he  now  held,  his  energies 
were  persistently  bent  to  the  work  of  inducing  the  Brazilian 
government  to  open  the  great  river  Amazon  to  the  commerce 
of  the  world.  The  fears  and  jealousies  of  that  people  made 
the  government  slow  to  yield,  and  it  did  not,  during  his  so- 
journ in  the  country,  adopt  this  policy  which  he  so  strenuously  t 
urged.  But  if  his  term  of  office  at  the  court  of  Dom  Pedro 
was  not  signalized  by  the  success  of  this  scheme,  which  he  had 
so  much  at  heart,  nevertheless  he  had  the  satisfaction  of  see- 
ing it  accomplished  some  years  after  his  return  to  the  United 
States.  He  remained  in  Brazil  throughout  the  presidency  of 
Mr.  Pierce  and  until  his  successor,  an  appointee  of  President 


Life  of  William  Trousdale  129 


Buchanan,  had  arrived  in  Kio  de  Janeiro  and  entered  upon  the 
duties  of  the  office.  During  his  residence  in  Brazil  the  rights 
and  immunities  of  citizens  of  the  United  States,  visiting  or  so- 
journing in  that  country,  were  uniformly  recognized  and  re- 
spected, commerce  was  extended  between  the  two  countries, 
and  the  friendly  relations  of  that  country  and  our  own  unin- 
terruptedly preserved. 

The  termination  of  this  service  ended  the  active  public 
career  of  the  subject  of  this  sketch.  Returning  to  the  United 
States  by  way  of  Europe,  he  left  the  country  to  which  he  had 
been  accredited  on  terms  of  cordial  friendship  with  the  em- 
peror and  his  court,  and  took  up  his  final  abode  in  the  bosom 
of  his  family  from  which  fortune  had  separated  him  during  a 
great  portion  of  his  married  life.  A  rheumatic  affection,  with 
which  he  had  long  been  afflicted,  now  rendered  locomotion  too 
painful  to  admit  of  his  resuming  the  active  business  engage- 
ments of  life,  for  which  the  unimpaired  possession  of  his  men- 
tal faculties  still  fully  capacitated  him  and  for  which  his 
energetic  nature  and  restless  temperament  most  earnestly 
yearned.  This  enforced  confinement  was  borne,  however,  with 
patient  resignation,  and  its  inconveniences  and  discomforts 
alleviated  by  the  kind  attentions  of  his  neighbors  and  friends 
and  the  devoted  care  of  his  effectionate  family.  Besides  the  en- 
joyment realized  in  social  converse,  he  found  entertainment 
in  books  and  newspapers,  and  much  of  his  time  was  occupied 
in  posting  himself  relative  to  the  current  events  of  the  day  and 
reading  the  works  of  standard  authors.  He  delighted  espe- 
cially in  history,  biography  and  Shakespeare's  dramas,  and 
kept  informed  upon  the  progress  of  politics  and  the  affairs  of 
our  government,  matters  which  he  watched  to  the  last  with 
unflagging  interest  and  undiminished  solicitude. 

The  eventful  juncture  in  the  history  of  this  country  had 
now  been  reached  when  the  prevailing  political  excitement, 
generated  through  a  disposition  on  the  part  of  the  non-slave- 
holding  States  to  abolish  slavery  in  this  republic,  and  a  re- 
solve on  the  part  of  the  slaveholding  States  to  resist,  as  occa- 
sion might  require,  encroachments  on  their  constitutional 
rights,  was  culminating  in  a  conflict  of  arms  between  the  two 
sections.  It  was  General  Trousdale's  fortune  to  hear  Presi- 
dent Lincoln's  call  for  volunteers,  to  witness  the  martial  prep- 
arations on  both  sides  of  the  Ohio  River,  and  to  see  the  South- 
ern States,  one  after  another,  assert  their  sovereignty  and 
withdraw  from  the  Union.  Anon  Tennessee  had  cast  her  des- 
tiny with  that  of  her  sisters  and  aligned  herself  with  them  to 
resist  invasion.  It  was  announced  to  him  that  his  services 
would  be  acceptable  in  this  emergency;  but  physical  decrepi- 
tude utterly  forbade  his  participation,  in  any  capacity,  in  the 


• 


180  -  J.  A.  Trousdale 


stirring  events  which  were  about  to  occur.  His  sympathies, 
however,  were  in  full  accord  with  the  people  of  his  State  and 
section,  and,  so  far  from  attempting  to  conceal  his  sentiments, 
he  unhesitatingly  avowed  them  throughout  the  war  which  fol- 
lowed, even  while  his  town  was  garrisoned  by  Federal  soldiers 
and  his  residence  occupied  by  Federal  officials.  His  persistent 
refusal  to  take  the  oath  of  allegiance  to  the  Federal  govern- 
ment, in  obedience  to  repeated  demands  and  threats,  subjected 
him  to  many  severe  trials  and  irritating  annoyances;  but  he 
held  out  stubbornly  to  the  last,  and,  although  he  saw  his  sec- 
tion overrun  and  his  people  subjugated,  he  yet  enjoyed  the 
gratifying  reflection  that  he  had  been  faithful  to  them  in  the 
preservation  of  opinion  unchanged  and  conscience  unviolated. 

General  Trousdale  was  now  far  advanced  in  years,  and  the 
incurable  malady  with  which  he  had  been  so  long  tormented 
was  making  steady  inroads  on  his  naturally  strong  constitu- 
tion. But  he  lived  to  see  the  convulsion  of  civil  strife  subside 
and  a  reunited  country  restored  to  the  blessings  of  peace  and 
prosperity.  In  March,  1872,  he  wras  seized  with  an  attack  of 
pneumonia  which  his  reduced  health  and  impaired  physical 
powers  were  unable  to  resist.  With  intellect  clear,  a  conscious- 
ness of  duty  honestly  performed  in  all  of  the  relations  of  life 
and  stations  wiiich  he  had  occupied,  and  a  willingness  that  his 
sufferings  should  cease  in  the  repose  of  death,  surrounded  by 
his  family  and  sympathizing  friends,  he  expired  on  the  27th 
day  of  said  month  in  the  eighty-third  year  of  his  age.  The 
event  was  duly  heralded  and  elicited  far  and  wide  eulogies  and 
tributes  to  the  memory  of  the  deceased.  The  State  Legislature, 
being  in  session  at  the  time,  passed  resolutions  commemora- 
tive of  the  character  and  services  of  General  Trousdale,  and 
appointed  a  committee  from  its  members  which  in  company 
with  the  governor  and  other  State  officials,  attended  the  fu- 
neral obsequies.  Action,  appropriate  to  the  occasion,  was 
taken  by  the  legal  fraternity  of  Gallatin,  where  he  had  begun 
and  ended  his  professional  career,  and  also  by  the  Mayor  and 
Board  of  Aldermen  of  the  town,  of  which  he  had  been  a  mem- 
ber. On  the  28th  day  of  March,  in  the  midst  of  a  large  con- 
course of  citizens,  his  remains  were  interred  in  the  public  cem- 
etery at  Gallatin. 

Having  given  the  salient  features  in  the  life  of  General 


&  ^ 


Trousdale  without  indulging  in  minute  particulars,  or  reciting 
minor  incidents  which  usually  constitute  much  of  the  matter 
of  biographies,  but  of  which  his  career  is  fruitful,  it  but  re- 
mains to  complete  this  undertaking  by  a  brief  allusion  to  the 
personal  character  of  the  subject  of  this  memoir.  This  course, 
if  not  commendable  as  a  biographical  precedent,  is  at  least 
deemed  pardonable  in  this  instance  to  make  our  sketch  con- 


Life  of  William  Trousdale  131 


formable  in  its,  methods,  as  near  as  may  be,  to  the  well-known 
character  and  taste  of  its  subject.  For  had  General  Trousdale 
written  his  own  history,  the  work  would  have  been  character- 
ized by  a  frank  statement  of  facts  and  an  utter  freedom  from 
comment  or  criticism.  It  would  have  been  a  plain,  truthful, 
unvarnished  narrative  of  his  career,  without  boast  of  his  ex- 
ploits or  commendation  of  his  virtues. 

General  Trousdale  belonged  to  that  class  of  men  whose 
course  of  life  is  pursued  on  the  highest  plane  of  morality,  pa- 
triotism and  virtue.  His  instincts  and  tastes,  and,  indeed,  the 
elements  of  his  nature,  all  were  of  that  refined  order,  that 
sterling  type,  which  manifest  themselves  in  pure  deeds  and 
are  productive  alone  of  genteel,  manly  action.  A  solid  judg- 
ment and  keen  sagacity  enabled  him  to  perceive  the  right, 
while  exalted  motive  and  a  strong  will  impelled  him  to  follow 
it.  He  was  inflexible  in  the  line  of  dutv,  from  which  neither 
threats  nor  flattery  could  drive  or  allure  him. 

Planting  himself  firmly  upon  principle  and  acting  alone 
from  conscientious  convictions,  he  went  steadily  forward  leav- 
ing consequences  to  take  care  of  themselves.  He  was  no  time- 
serving, policy  man,  and  disdained  resort  to  any  unmanly  art 
or  device  to  secure  either  temporary  applause  or  permanent 
advantage.  Nor  was  he  a  man  to  risk  a  contest  upon  consid- 
erations of  expediency,  but  to  urge  it  upon  principle  regard- 
less of  results.  Though  independent  in  character  he  was  not 
blindly  headstrong;  for  he  respected  the  opinions  of  others, 
while  he  preferred  to  follow  the  well  matured  conclusions  of 
his  own  mind.  He  was  anything  but  tame  and  submissive, 
and  his  honor  could  not  be  questioned  with  impunity.  But, 
though  quick  and  impulsive  and,  when  aroused,  ready  for  de- 
cisive action,  his  temper  was  nevertheless  subservient  to  his 
superior  will. 

It  may  have  been  that  to  some  General  Trousdale  appeared 
exclusive  and  unsocial.  If  so,  it  was  due  to  his  native  diffi- 
dence, for  he  was  moaest  to  a  degree  incredible  to  those  not 
familiar  with  his  disposition.  He  delighted,  as  much  as  any 
man,  in  the  society  of  congenial  spirits,  and  the  greatest  pleas- 
ures of  his  life  were  experienced  in  the  company  of  relatives 
and  friends.     None  who  knew  him  intimatelv  could  sav  that 


t>  • 


he  was  either  cold  or  heartless;  but  would,  on  the  contrary, 
bear  testimony  to  the  fact  that  he  was  keenly  sensitive  to  the 
feelings  and  wants  of  his  fellowmen.  Warmhearted  and  gen- 
erous, his  charities  were  numerous  and  liberal  and  ungrudging- 
ly bestowed.  More  than  once  he  sustained  heavy  pecuniary 
losses  by  endorsing  for  friends;  and  though  he  possessed  a 
liberal  fortune,  his  property  was  all  sacrificed  and  he  reduced 
to  straitened  circumstances  in  discharging  his  surety  obliga- 


132  J.  A.  Trousdale 


lions  and  preserving  his  credit.  His  demeanor  was  polite  and 
dignified;  but  while  his  deportment  invited  friendly  approach, 
it  repelled  vulgar  familiarity.  He  was  courteous  and  affable, 
and  though  a  man  of  comparatively  few  words  his  frank,  sin- 
cere manner  rendered  those  who  sought  his  society  com- 
fortable and  confidential  in  his  presence.  Deception  and  du- 
plicity were  so  foreign  to  his  nature  that  he  could  never  as- 
sume to  practice  them.  In  his  presence  one  felt  that  he  could 
lay  bare  his  thoughts,  assured  of  free  conference,  strict  secrecy, 
when  required,  and  honest  advice,  unmixed  with  flattery  and 
unburdened  with  circumlocution. 

There  is  ample  warrant  for  the  statement  that  General 
Trousdale's  life  is  an  illustration  of  patriotic  devotion  to  his 
country  and  its  institutions.  To  assail  the  one  or  to  encroach 
upon  the  other  was,  in  his  estimation,  an  insult  and  a  wrong 
which  every  citizen  was  under  personal  obligation  to  resist, 
and,  if  need  be,  avenge.  He  held  the  honor  of  his  country 
sacred,  and,  appreciating  the  solemn  significance  of  the  in- 
junctive phrase,  "Eternal  vigilance  is  the  price  of  liberty," 
was  ever  awake  to  that  patriotic  admonition.  Entertaining 
these  opinions,  he  was  ever  prompt  to  respond  when  action 
was  required,  and  the  better  portion  of  his  manhood  was  de- 
voted to  his  country.  These  services  were  voluntarily  and  un- 
selfishly given,  without  ulterior  motive  other  than  the  grateful 
satisfaction  experienced  in  the  knowlpnVp  of  patriotic  duties 
faithfully  performed.  Possessing  no  element  of  the  bravado, 
or  boast,  his  deserts  were  left  entirely  to  the  judgment  of 
others,  and  he  was  never  disposed  to  advance  his  claims  to 
distinction  even  where  merit  was  due  and  would  have,  doubt- 
less, been  accorded  him  had  the  right  been  asserted.  It  may 
be  mentioned,  in  this  connection,  that  he  never  applied  for  pen- 
sions for  wounds  received  in  Mexico  and  services  rendered  in 
the  War  of  1812,  though  entitled  to  them  under  existing  Acts 
of  Congress.  He  relied  implicitly  on  the  virtue  and  intelli- 
gence of  the  masses  of  this  country  as  assuring  its  defense  and 
the  perpetuation  of  free  government.  Firm  in  this  reliance,  he 
regarded  a  standing  army,  in  time  of  peace,  and  educated  sol- 
diery, unnecessary,  believing  that  there  was  an  inherent 
strength  in  the  fervent  patriotism  and  manly  individuality  of 
the  citizens  of  this  republic  equal  to  any  emergency  that  might 
arise  and  that  it  would  be  evoked  as  occasion  might  require. 
His  pride  in  the  grandeur  and  greatness  of  this  country,  in 
the  exceptional  blessings  vouchsafed  by  its  unequalled  institu- 
tions, and  his  faith  in  its  growth  and  development  and  the 
continued  glorious  fruitage  of  individual  excellence  under  the 
unrivalled  opportunities  and  incentives  to  human  elevation 


■ 


Life  of  William  Trousdale  133 


here  offered  existed  in  a  degree  of  intensity  nothing  short  of 
passion,  and  he  valued  American  citizenship  no  less  highly 
than  Italian  allegiance  was  prized  by  the  patriot  of  old  who 
proclaimed  that,  "To  be  a  Roman  is  greater  than  to  be  a  king !" 

It  has  been  stated  already  that  in  politics  General  Trous- 
dale was  a  Democrat.  To  this  political  faith  he  steadily  ad- 
hered throughout  his  life.  His  upright  character  as  well  as 
the  history  of  his  political  career  furnish  abundant  proof  that 
his  unwavering  devotion  to  and  advocacy  of  the  principles  of 
Democracy  sprang  from  strong  convictions  and  a  conscientious 
belief  that  their  application  in  the  conduct  of  government 
would  conduce  most  to  the  welfare  of  this  country.  Had  his 
course  been  the  outgrowth  of  selfish  motives  and  a  longing 
for  promotion  it  would,  doubtless,  have  led  him  into  other 
political  ranks,  or,  at  least,  have  been  less  consistent  than  it 
was.  For  he  fought  the  battles  of  the  Democracy  against 
great  odds,  and  suffered  repeated  defeats  at  the  hands  of  the 
party  controlling  those  offices  which  were  most  calculated  to 
tempt  the  ambition  of  an  aspiring  man. 

He  was  once  offered,  by  his  political  opponents,  an  exalted 
place  in  the  councils  of  the  government,  but  declined  the  high 
testimonial  to  his  worth  and  deserts  on  the  ground  that  his 
party  affiliations  did  not  warrant  the  bestowal  of  the  position 
on  him,  and  that  its  acceptance  would  imply  a  compromise  of 
his  political  faith  and  infidelity  to  his  party  allegiance. 

It  has  been  remarked  heretofore  in  these  pages  that  Gen- 
eral Trousdale's  profession  was  that  of  a  lawyer.  His  prac- 
tice at  the  bar,  followed  in  the  intervals  of  public  services  and 


political  engagements,  proved  pecuniarily  profitable  and  added 
to  his  reputation  as  a  man  of  sterling  qualities  and  unques- 
tioned ability.  And  notwithstanding  the  interruptions  expe- 
rienced in  his  professional  career,  he  gave  unmistakable  prom- 
ise of  acquiring  enviable  reputation  in  this  broad  field  of  occu- 
pation had  his  time  and  energies  been  devoted  to  its  undis- 
turbed pursuit.  He  entered  with  zeal  and  ardor  into  the 
causes  entrusted  to  him  and  devoted  to  their  management 
diligent  study  and  patient  research.  His  habits  of  thought 
and  the  bent  of  his  character  and  tastes  prompted  him  to  rely 
for  success  upon  the  broad  principles  of  justice  and  equity 
rather  than  upon  the  narrow  technicalities  so  often  presenting 
advantages  in  legal  procedure. 

It  has  been  noticed  that  in  the  party  contests,  waged  in  his 
time,  General  Trousdale  frequently  bore  the  standard  of  Democ- 
racy. A  sense  of  duty  made  him  ever  ready  to  accept  the 
call  of  his  party,  and  it  mattered  not  whether  success  or  de- 
feat awaited  him,  his  services,  when  asked,  were  always  cheer- 
fully rendered. 


134  J.  A.  Trousdale 


As  a  speaker,  upon  the  hustings  as  well  as  in  the  forum,  he 
was  earnest,  forcible  and  impressive.  He  regarded  less  the 
pleasing  influence  of  studied  oratory  than  the  convincing  effect 
of  pure  logic.  The  solid,  practical  nature  of  the  man  was  so 
far  predominant  as  to  shape  his  methods  and  model  his  dis- 
course. And  while,  perhaps,  his  may  not  have  been  the  style 
best  befitting  a  convivial  banquet  or  a  holiday  occasion,  it  was 
that  which  secures  the  closest  attention  and  awakens  the  most 
serious  consideration  when  questions  of  moment  are  engaging 
the  thoughts  of  men.  Indulgence  in  amusing  and  often  not 
over-chaste  anecdote,  a  fashion  prevalent  among  stump  ora- 
tors of  his  day,  was  a  practice  he  shared  in  a  very  slight  degree. 
His  speeches  on  the  stump  were  free  from  frivolity  and  smut, 
and  could  have  been  delivered  with  equal  prox>riety  before  a 
select  audience  of  refined  and  elegant  hearers,  or  a  promiscuous 
gathering  of  bitter,  excited  partisans.  With  him  the  discus- 
sion of  principles  and  measures  involving  the  fate  of  this 
republic  and  the  well-being  of  its  citizens  was  a  matter  of  too 
serious  and  vital  concern  to  suggest  anything  frivolous  or 
jocular.  To  hear  him  speak  and  witness  his  dignified,  earnest 
manner  was  to  receive  an  indelible  impression  of  his  clear 
judgment,  strong  convictions  and  honest  purpose,  and  to  en- 
tertain no  doubt  that  he  would  advocate  his  conceptions  of  the 
right  with  fearless  determination,  and  stand  by  his  utterances 
at  whatever  cost. 

He  was  not  a  man  to  make  or  to  seek  opportunities  for 
display.  He  waited  until  brought  rather  than  to  step  volun- 
tarily before  the  public.  His  occasion  was  when  an  object  of 
public  concern  was  sought  to  be  attained.  Then  his  feelings 
were  thoroughly  aroused  and  his  powers  exhibited  in  their 
full  strength.  Under  this  impulse,  if  he  was  plain,  straight- 
forward and  artless  in  his  efforts,  he  was,  nevertheless,  cogent 
and  perspicuous,  full  of  pith  and  point,  and  possessed  of  great 
magnetism.  While  free  from  all  appearance  of  careful  prep- 
aration as  to  method  and  manner,  his  speeches  were  samples, 
in  matter,  of  deep  research,  sagacious  forethought  and  tender, 
sympathetic  feeling;  and,  in  the  fervor  of  argument  and 
warmth  of  debate,  abounded  in  instances  of  a  steadv,  natural 
rise,  step  by  step,  to  the  highest  climax  of  true  eloquence.  In 
debate  he  was  uniformly  courteous  and  fair,  and  would  brook 
from  an  adversary  nothing  short  of  the  same  respectful  treat- 
ment accorded  by  himself.  He  retained  in  a  remarkable  de- 
gree the  good  opinion  of  those  entertaining  views  averse  to  his 
own,  and  as  time  elapsed  and1  events  decided  the  merits  of 
issues,  he  grew  in  the  esteem  of  those  who  had  opposed  him. 

In  the  private  no  less  than  the  public  walks  of  life  the 
same  noble  traits  marked  General  Trousdale's  daily  conduct. 


Life  of  William  Trousdale  135 


To  know  was  to  respect  and  esteem  him  and  excite  wonder 
at  his  singular  freedom  from  the  common  frailties  of  mankind. 
The  more  he  was  seen  the  more  were  his  exalted  qualities  ap- 
preciated and  admired.  If  a  narrow  thought  or  sentiment 
entered  his  mind  or  heart,  it  was  overshadowed  by  the  lofty 
nobility  of  his  mental  and  emotional  nature.  He  was  strictly 
moral  in  speech  and  demeanor,  just  and  fair  in  all  of  his  deal- 
ings, and  purely  unselfish,  forbearing,  kind,  sympathetic,  and 
forgiving  in  his  disposition.  He  was  exemplary  in  his  per- 
sonal habits  and  in  deportment  so  rigidly  correct  as  to  silence 
slander  and  leave  no  ground  for  suspicion.  He  was  singularly 
temperate  and  unaddicted  to  any  of  the  petty  vices  prevalent 
amoitg  men.  He  was  a  faithful  friend,  kind  neighbor  and 
model  husband,  father  and  master.  His  pecuniary  troubles, 
the  greatest,  it  may  be  justly  said,  that  he  ever  suffered,  were 
the  result  of  assistance  extended  to  accommodate  friends.  No 
husband  was  ever,  perhaps,  regarded  with  more  affectionate 
devotion  by  his  wife,  nor  more  dearly  loved  and  reverenced  by 
his  children  than  was  General  Trousdale  by  his.  His  was  a 
happy  household,  for  in  its  care  he  was  kind,  indulgent,  provi- 
dent and  thoughtful,  and  in  its  government  he  wielded  only 
the  scepter  of  love;  his  gentle  authority  ever  receiving  ready 
homage  from  the  affectionate  allegiance  of  all  its  members. 
As  an  evidence  of  his  kind  and  considerate  treatment  of  the 
domestics  in  his  family  service  and  that  it  was  gratefully 
appreciated,  it  may  be  mentioned  that  his  body  servant,  a  col- 
ored man,  born  his  slave,  attended  him  through  the  dark  hours 
of  the  late  Civil  War  and  until  the  day  of  his  death. 

In  personal  appearance  General  Trousdale  was  handsome 
and  would  have  attracted  attention  in  any  assemblage  of  men 
as  well  by  his  striking  features  as  by  his  manly  address.  He 
was  six  feet  tall,  erect,  spare  made,  muscular  and  well  formed. 
A  thick  growth  of  black,  wavy  hair  covered  a  head  of  faultless 
shape.  His  eyes  were  gray  and  deep-seated,  and  his  nose  was 
straight  and  thin.  His  mouth,  chin  and  jaws  were  symmetri- 
cally formed,  adding  mluch  in  their  expressive  shape  to  the 
idea  of  strong  character  which  the  facial  features  all  clearly 
indicated.  His  face  in  repose  wore  an  expression  of  deep 
earnestness  tinged  with  sadness,  but  relieved  of  severity  by 
an  air  of  quiet,  satisfied  composure.  He  was  entirely  free  from 
affectation  in  either  look,  speech  or  act.  His  bearing  was  civil, 
polite  and  courtly,  but  more  stern  than  patronizing.  In  per- 
son and  attire  he  was  remarkably  neat,  and  his  daily  dress 
was  such  as  to  render  him  presentable  in  polite  society  at  any 
moment.  This  habit  was  followed  with  invariable  constancv 
everywhere  and  at  all  times;  and  among  his  fellow-soldiers  in 
the  army  camp  it  was  a  subject  of  general  surprise  and  com- 


136 


J.  A.  Trousdale 


inent  that  successful  attention  could  be  paid  to  dress  where 
the  surroundings  were  so  unfavorable  to  neatness  and  style, 
and  where  the  observance  of  this  accustomed  practice  on  his 
part  was  apparently  so  unnecessary. 

Here  this  history  closes.  It  proposed  to  present  a  truthful 
picture  of  the  prominent  events  in  the  career  of  its  subject, 
and  to  give,  without  disguise,  suppression  or  exaggeration,  the 
qualities  of  his  mind  and  heart  and  the  traits  of  his  character. 
This  it  has  done  and  nothing  more  and  the  undertaking  is 
finished.  Posterity,  if  interested  in  his  memory,  will  examine 
the  record  of  General  Trousdale's  life  and  decide  as  to  his 
merits.  It  is  safe  to  assert,  however,  that,  wherever  his  life 
shall  be  reviewed  with  purpose  to  discover  the  truth  and  pro- 
nounce unbiased  judgment,  it  will  be  found  that,  in  this  case, 
his  "acts  proclaim  the  man."     ' 

In  studying  the  lives  of  men  of  distinction  one  may,  and 
often  does,  admire  their  brilliant  exploits  and  great  achieve- 
ments, just  as  he  would  a  wonderful  work  of  studied  art,  and 
yet,  in  respect  to  character  and  individual  purpose,  reject  as 
unworthy  the  author  of  the  beautiful  handiwork.  Not  so  with 
General  Trousdale ;  for  undeniable  facts  abundantly  show  that 
his  purpose,  efforts  and  achievements  were  so  clearly  the  out- 
growth of  a  deep,  honest,  truthful  nature  that  we  unhesitating- 
ly esteem  them  as  true  exponents  of  the  very  soul  of  the  man, 
and  involuntarily  regard  them  as  typical  monuments  to  his 
sterling  character. 


DOCUMENTS 


I. 


Papers  of  Major  John  P.  Heiss  of  Nashville. 

INTRODUCTION. 

John  P.  Heiss,  from  whose  papers  the  following  letters 
have  been  selected  for  publication,  was  a  native  of  Pennsyl- 
vania. Having  begun  life  as  a  ship's  carpenter,  he  was  for 
a  time  a  purser's  steward  in  the  navy.  He  was  for  a  while 
employed  as  a  clerk  in  Bristol,  Bucks  County,  and  received 
from  his  employer  a  testimonial  as  to  his  skill  in  accounting 
and  his  general  business  ability.  On  September  15,  1835,  he 
was  married  by  the  rector  of  Trinity  Church,  Philadelphia,  to 
Anna  Molineaux. 

In  1840  he  was  a  resident  of  Nashville,  Tennessee,  where 
he  had  charge  of  the  financial  department  of  the  printing 
establishment  of  the  Nashville  Union,  then  conducted  Jby 
J.  George  Harris.  In  this  year  he  applied,  unsuccessfully,  it 
appears,  for  appointment  to  a  pursership  in  the  Navy.  He 
received  flattering  letters  of  recommendation  from  Harris, 
General  Robert  Armstrong,  James  P.  Grundy,  Andrew  J. 
Donelson,  and  J.  M.  Smith,  of  Nashville,  and  from  James  K. 
Polk.1  It  appears,  therefore,  that  his  connection  with  the 
Union  had  established  him  in  the  respect  and  confidence  of 
■fi...  <y  .%11T)  0f  Democratic  leaders  in  Nashville.  This  was  fur- 
ther indicated  in  1842,  when  Heiss,  about  to  travel  in  the 
East,  was  given  a  personal  letter  of  introduction  by  Polk  to 
Cave  Johnson.  In  this  year  Heiss  was  a  major  in  the  Ten- 
nessee militia. 

The  Nashville  Union  passed  into  the  control  of  Heiss  and 
Thomas  Hogan.  The  latter  was  also  a  native  of  Pennsyl- 
vania, who  had  edited  in  Philadelphia  a  journal,  the  National 
Laborer,  under  the  direction  and  patronage  of  the  Working- 
mens'  National  Society  for  the  Diffusion  of  Useful  Knowledge. 
He  had  later  edited  the  Times  of  Murfreesboro,  Tennessee, 
and  had  been  admitted  to  the  Tennessee  bar.  Hogan  died  in 
May,  1844,  at  the  age  of  32,  and  the  Union  passed  under  the 
sole  control  of  Heiss.2  Arrangements  looking  to  this  end 
had  been  under  consideration  for  some  time,  in  view  of  the 
failing  health  of  Hogan. 

The  management  and  the  editorship  of  the  Nashville  Union, 


3 


xThe  foregoing  statements  and  some  that  follow  are  based  on  documents  or  news 
paper  clippings  in  the  Heiss  papers,  many  of  which  are  not  of  sufficient  general  impor 
tance  to  be  printed. 

2Nashville   Union,  May  14,   1844. 

3See   letter   No.   3   below   and   note    10. 


138 


Documents 


always  a  matter  of  interest  and  importance  to  the  Tennessee 
Democrats,  now  excited  the  special  solicitude  of  Polk  and  his 
friends,  as  the  campaign  for  Polk's  nomination  for  the  vice- 
presidency  and  for  the  redemption  of  Tennessee  was  demand- 
ing the  most  vigorous  efforts.  Samuel  H.  Laughlin,  who  had 
formerly  edited  the  Union,  was  brought  back  to  the  editorial 
chair.4  The  success  of  the  campaign,  resulting  in  the  acces- 
sion of  Polk  to  the  Presidency  of  the  United  States,  led  quite 
naturally  to  the  reward  of  the  faithful.5  Laughlin,  shortly 
after  Polk's  inauguration,  was  made  Recorder  of  the  General 
Land  Office.  The  editorship  of  the  Union  passed  to  A.  O.  P. 
Nicholson,  one  of  the  most  prominent  Democrats  in  Tennes- 
see. June  3,  the  name  of  James  G.  Shepard  succeeded  that 
of  Heiss  as  publisher. 

The  cause  of  this  change  was  the  removal  of  Major  Heiss 
to  Washington  City,  where  he  assumed  the  business  manage- 
ment of  the  Washington  Union,  tlie  newly  established  "organ" 
of  the  Polk  administration.  The  editor  and  joint  proprietor  of 
the  Union  was  the  venerable  Thomas  Ritchie,  so  long  identi- 
fied with  the  Richmond  Enquirer. 

Surmises  were  rife  in  Washington  as  the  explanation  of 
the  sale  of  the  former  Democratic  organ,  the  Globe,  by  its 
owners,  F.  P.  Blair  and  John  C.  Rives,  to  Ritchie  and  Heiss; 
and  later  the  circumstances  of  the  transfer  became  a  matter  of 
bitter  dispute.  In  1848  Heiss  retired  from  the  partnership. 
Some  of  the  letters  printed  below  show  that  the  machinery 

of  the  business  did  not  run  smoothly.6 

Heiss  appears  to  have  remained  in  Washington  for  some 
time  and  to  have  planned  a  trip  to  California.  We  next 
meet  him,  however,  in  1851,  as  editor  of  the  Delta  of  New 
Orleans.    In  1851-2  Heiss  engaged  in  a  bitter  controversy  with 


John  C.  Rives,  with  unpleasant  personalities  on  both  sides. 
He  seems  to  have  been  connected  with  the  Delta  until  1855.7 
Doubtless  it  was  his  residence  in  New  Orleans  which  led  to 
the  next  interesting  phase  of  his  career — his  intimate  relations 
with  the  noted  filibuster,  William  Walker,  in  1856-1857.  The 
papers  of  Major  Heiss  which  bear  on  this  part  of  his  life  were 
printed,  with  introduction  and  notes  by  Prof.  W.  O.  Scroggs, 
of  the  State  University  of  Louisiana  in  the  Magazine  for  De- 
cember, 1915.  Summarizing  the  facts  there  set  forth  we  may 
note  that  Heiss  was  employed  by  Marcy,  the  Secretary  of 
State  under  Pierce,  to  carry  dispatches  to  Nicaragua.    At  the 

4Compare  Polk-Johnson  Letters  in  the  Magazine  for  September,  1915*  under  date 
of  January  21,   1844. 

5A  note  in  the  Madisonian,  the  Tyler  organ  in  Washington,  spoke  of  the  Nash- 
ville Union  as  "now  one  of  the  largest  and  handsomest  journals  in  the  United  States, 
as  well  as  the  ablest."     Madisonian,  January  II.  1845. 

•A  number  of  documents  in  the  next  instalment  have  to  do  with  this  matter. 

7  A  number  of  letters,  dealing  with  the  business  of  the  Delta,  have  been  omitted. 


Heiss  Papers  139 


same  time  he  indulged  in  a  small  business  undertaking  for  the 
sale  of  some  corn  mills.  In  June  Heiss  was  left  by  Father 
Vigil,  William  Walker's  Minister  to  the  United  States,  as 
charge  d'affaires  to  look  out  for  the  interests  of  Nicaragua 
on  the  occasion  of  Father  Vigil's  rather  undignified  retreat 
from  his  post.  In  September  Heiss  was  named  by  Walker  spe- 
cial commissioner  to  Great  Britain  and  the  United  States  to 
adjust  tlie  dispute  over  the  Mosquito  Territory,  and  was  au- 
thorized to  ratify  on  behalf  of  Nicaragua  a  treaty  made  be- 
tween Nicaragua  and  the  United  States  in  1855.  At  this  time 
Heiss  was  described  as  "a  duly  naturalized"  citizen  of  Nica- 
ragua. As  the  Walker  government  was  not  recognized,  this 
authorization  was  an  empty  honor.8  Heiss  appears  to  have 
continued  in  close  touch  with  Walker  until  the  autumn  of 


1857:  after  that  there  are  no  more  letters.  In  1857  Heiss  had 
returned  to  Washington  and  established  a  newspaper  known 
as  the  States.  But  Heiss  retained  his  interest  in  Nicaragua. 
This  is  shown  by  the  letters  wrhich  he  received  from  that 
country,  and  from  the  fact  that  in  1860  he  was  again  appointed 
as  bearer  of  dispatches  to  the  United  States  legation,  this 
time  receiving  his  commission  from  William  Henry  Trescot, 
acting  Secretary  of  State  at  the  time.  In  1861,  Heiss  was 
back  in  Nicaragua.  Apparently  his  chief  concern  was  the  cul- 
tivation of  cotton  in  Central  America.  From  1863  on,  he 
served  as  agent  of  the  British  bondholders  who  had  claims 
against  Nicaragua.  Concerning  the  affairs  of  these  creditors 
there  is  a  considerable  body  of  papers,  the  publication  of 
which  must  be  reserved  for  another  occasion. 

The  date  of  the  death  of  Major  Heiss  has  not  yet  been 
ascertained  by  the  editor.  His  son,  Henry  Heiss,  served  in 
the  Confederate  army,  and  after  the  war  became  one  of  the 
editors  of  the  Republican  Banner  of  Nashville.  He  continued 
in  this  post  until  1872,  when  he  became  managing  editor  of 
the  St.  Louis  Times.  In  1874  he  returned  to  Nashville  and 
was  managing  editor  of  the  Union  and  American  for  about  a 
year,  until  that  paper  was  consolidated  with  the  Republican 
Banner..  He  then  accepted  the  managing  editorship  of  the 
American.  He  married  Miss  Mary  Lusk,  of  Nashville.  It 
is  to  a  nephew  of  this  lady,  Mr.  Robert  Lusk,  of  Nashville, 
that  the  Magazine  is  indebted  for  the  use  of  the  Heiss  papers. 


8The  instructions  given  by  Walker  to   Heiss  for  the   British-United   States  mission, 
in  Walker's  own  hand — a  document  placed  i  n  the  hands  of  the  editor  only  recently 
will  be  found  printed  separately  as   Walker-Heiss  Papers,   II,  below. 


. 


140  Documents 


PAPERS  OF  JOHN  P.  HEISS. 

1.    James  K.  Polk,   Columbia,    (Tenn.)    to  Maj.  Jno.   P.  Heiss, 

Nashville.  May  5,  1842. 

I  received  your  letter  of  yesterday  this  evening  and  herewith 
enclose  a  letter  to  my  friend  Johnson9,  who  will  I  know  take  pleas- 
ure in  introducing  you  to  others  and  making  your  visit  to  Washing- 
ton agreeable.  I  supposed  this  would  be  better  than  special  letters 
to  half  a  dozen  individuals.  If  however,  you  desire  letters  to  any 
persons  specially,  if  you  will  suggest  their  names,  I  will  forward 
them  to  you. 

2i    W.  G.  Harding,  Brig.  Genl.  16th  Brg.  T.  M.,10  Belle  Meade. 

To  Maj.  Heiss.  October  8,  1842. 

You  are  hereby  notified  to  attend  the  Brig.de  Court  Marshall  for 
the  16th  Brigade  T.  M.  at  the  Court  House  in  Nashville  on  the 
last  Saturday  the  29th  Inst,  to  show  cause,  if  any,  why  you  have 
not  organized  the  Batln.  of  the  88th  Regmt.  according  to  the  requisi- 
tions of  the  law  now  in  force  in  the  State  of  Tenn. 

3.    James  K.  Polk,  Columbia,  to  Maj.  John  P.  Heiss,  Nashville. 

December  21,  1843. 

Confidential. 

I  have  received  your  letter11  of  yesterday.  I  am  very  anxious 
for  the  reasons  assigned  to  Mr.  Hogan  and  yourself — that  the 
Union  should  be  made  a  more  vigorous  and  efficient  paper,  than  I 
fear  Mr.  Hogan's  present  state  of  health  will  enable  him  to  make  it. 
If  Mr.  H.  desires  to  sell  his  interest  and  you  should  become  the 
purchaser, — you  ask  my  opinion  whether  the  Democratic  party  would 
assist  you  personally  as  they  proposed  a  few  days  ago  to  assist  the 
firm  jointly.  I  have  good  reason  to  believe  that  they  would.  I  have 
no  reason  to  believe  that  they  would  not.  As  a  member  of  the  party 
I  can  say — that  the  change  if  made — by  the  mutual  assent  of  Mr. 
Hogan  and  yourself  will  be  entirely  satisfactory  to  me,  and  especial- 
ly as  you  propose — to  leave  to  your  Democratic  friends,  the  selection 
of  the  Editor,  if  they  will  contribute  the  amount  named  a  few  days 
ago,  and  that  you  will  pay  him  a  fair  salary.  I  would  much  prefer 
this  arrangement, — to  see  Mr.  H.  sell  his  interest  to  a  third  person 
whose  future  course  in  conducting  the  establishment  might  be  un- 
certain and  indeed  such  as  to  injure  the  cause.  The  Editor  who  is 
to  be  preferred  above  all  others,  for  the  coming  contest,  is  our  friend 
Laughlin.12  He  has  talents  and  experience,  is  perfectly  familiar 
with  the  politics  of  the  State  and  the  Union,  and  is  extensively  known 
as  a  sound  democrat.  In  his  hands  I  doubt  not  the  patronage  of  the 
paper  would  be  greatly  increased,  and  the  cause  advanced.  What  we 
want  is  a  sound  and  able  Democratic  paper — as  a  reliable  organ  of 

•Cave  Johnson,  Representative  from  Tennessee,  later  Postmaster-General  under 
Polk. 

10Tennessee   Militia. 

uIn  the  Polk  Papers,  now  in  the  Division  of  Manuscripts  in  the  Library  of 
Congress,  are  several  letters  of  Heiss  to  James  K.  Polk,  beginning  December  19,  1843. 
Thi9  letter  of  Polk's  and  others  that  follow  are  answers  to  these,  or  communications 
addressed  by  Polk  to  Heiss.  Several  of  the  letters  of  Heiss  are  of  considerable 
extent  and  value.  In  the  letter  of  December  19,  for  example, ^  Heiss  claimed  credit 
for  the  organization  in  Nashville  of  the  Democratic  Association  based  on  similar 
organizations  in  the  Eastern  cities.  (For  a  description  of  one  of  the  meetings 
of  this  association,  see  the  Diary  of  S.  H.  Laughlin  in  the  Magazine  for  March, 
191 6,   under  date  of  October   28,    1843.) 

"For  a   sketch   of   Laughlin    see   Diaries  of   S.   H.    Laughlin   of   Tennessee,    in    the 
Magazine  for  March,   1916. 


Heiss  Papers  141 


the  party  in  the  State.  He  would  make  it  so,  whilst  some  others 
into  whose  hands  it  might  pass,  might  not.  It  is  a  matter  of  im- 
portance,— that  whatever  arrangement  is  made  should  be  speedily 
made.  The  public  need  know  nothing  of  what  is  contemplated,  until 
it  is  consummated,  and  announced  by  the  parties.  In  whatever  is 
done  I  must  urge  first  that  LaughlirCs  services  be  secured  during 
the  canvass  of  the  next  year. 

After  closing  this  letter,  I  will  envelope  it  to  Genl.  Armstrong,13 
— that  it  may  go  directly  into  your  hands, — and  not  run  the  risk  of 
falling  into  the  general  packages  for  your  office  and  run  the  risk  of 
being  opened  by  your  clerk.  I  will  mention  to  Armstrong  its  gen- 
eral purport,  of  course  confidentially,  and  desire  that  you  will  have 
an  early  interview  with  him.  Any  arrangement  agreed  upon  be- 
tween you  and  Him  with  Hogan's  assent  will  be  agreeable  to  me  as 
a  member  of  the  party. 

You  see  our  paper  here  has  taken  ground  for  V — Bur  en.  I  men- 
tioned to  Hogan  and  yourself  the  propriety  of  the  Union's  doing  the 
same  things:  to  which  I  understand  you  both  to  assent14  Since  my 
return  home,  I  am  the  more  confirmed  in  the  views  then  expressed. 
A.  V.  Brown  writes  under  date  of  the  9th  Inst.  "The  relative  strength 
is  estimated  as  follows — Calhoun  24  or  25,  Buchanan,  11  or  12,  John- 
son, 3  or  4,  Cass  none,  not  one  I  believe  unless  the  Michigan  men  be 
counted  for  him:  All  the  rest  for  Van-Buren."  Cave  Johnson  writes 
under  date  of  the  11th,  "All  the  fragments  of  our  party  seem  likely 
to  unite  upon  Van-Buren,  make  his  nomination  unanimous,  and  each 
party  seek  the  succession  by  distinguished  services  in  his  behalf." 

You  can  if  you  choose  show  this  letter  to  Mr.  Hogan,  who  is  my 
friend,  and  I  would  do,  or  advise  nothing  that  would  be  prejudiced 
to  his  interests.  I  sincerely  regret  his  feeble  state  of  health.  Show 
it  to  no  one  else  unless  it  be  to  Hogan  and  Armstrong,  and  that  in 
the  same  confidence,  that  it  is  written  to  you. 

P.  S.  I  have  said  to  Armstrong  that  you  would  show  him  this 
letter. 

4.  James  K.  Polk,  Columbia  '(Tenn.),  to  Hogan  and  Heiss,  Nash- 

ville. Jany.  21,  1844. 

Private. 

I  neglected  when  I  was  at  Nashville  to  suggest  to  you  the  pro- 
priety of  placing  Mr.  Van  Buren's  name  at  the  head  of  your  column 
in  the  paper,  as  well  as  mine.  It  is  now  certain  that  Mr.  Van  Buren 
will  be  the  candidate, — and  some  of  my  friends  out  of  the  State  do 
not  understand  why  it  is,  that  my  name  is  at  the  head  of  the  column 
of  the  Union  and  Mr.  Van-Burenys  is  not.  Some  of  my  opponents — 
or  rather  some  of  those  who  urge  the  nomination  of  another  for  the 
Vice-Presidency, — are  attempting  to  use  the  fact  that  Van-Buren's 
name  has  not  been  hoisted  in  your  paper  to  my  prejudice.  If  you 
see  no  objection — I  hope  you  will  run-up  his  name — subject  of  course 
to  the  decision  of  the  National  Convention. 

5.  James  K.  Polk,  Lawrenceburg.     To  Hogan  and  Heiss,  Nash- 

ville. Febry.  18,  1844. 

Private. 

Some  of  the  friends  of  Hon.  A.  V.  Brown  are  disposed  to  complain 
that  his  two  speeches  on  the  Jackson  fine,  and  the  abolition  questions, 
have  not  been  republished  in  the  Union.  I  myself  thought  they  had 

13Robert  Armstrong,   of  Nashville. 

14Van  Buren's  name  was  not  placed  at  the  head  of  the  Union  until  February  8,  1845. 
For  Polk's  view  of  the  policy  of  supporting  Van  Buren  see  Polk-Johnson  Letters, 
under  date  of  January   21,   March    18,   May  4,    1844. 


142  Documents 


been  published,  though  I  may  be  mistaken.  If  they  have  not  been, 
I  hope  you  will  give  them  an  insertion  in  your  paper  as  early  as 
practicable.1*  Brown  is  a  prominent  member  of  our  party — and  may 
feel  wounded  (And  I  have  an  intimation  that  he  probably  does  so) 
at  the  failure  to  republish  what  he  says  in  congress,  in  the  Tennes- 
see Democratic  papers,  and  especially  in  the  Union.  If  you  have 
omitted  it  in  this  instance,  I  have  no  doubt  it  has  been  accidental. 

I  am  here  attending  court  but  expect  to  visit  Nashville  in  about 
a  week  from  this  time. 

P.  S.  There  being  a  Whig  Post  Master  here  and  my  hand  writing 
being  known  as  well  as  my  face,  I  will  send  this  under  cover  to 
Genl.  Armstrong. 

6.  James  K.  Polk,  Columbia,  to  John  P.  Heiss,  Nashville. 

Febry.  22,  1844. 

Private. 

On  my  return  home  from  Lawrence  Court  on  yesterday  I  received 
your  letter  of  the  14th  Instant.  I  will  write  a  pressing  letter  to 
Laughlin  tonight,  urging  him  to  take  charge  of  the  Editorial  Depart- 
ment of  the  Union  at  the  earliest  practicable  day.  He  wrote  me  two 
weeks  ago,  that  he  would  certainly  do  so  on  the  1st  of  March.  The 
specimen  No.  of  the  "Star  Spangled  Banner"  should  [be]  an  able 
paper,  and  his  first  attention  should  be  given  to  the  preparation  of 
matter  for  it.     I  am   sorry  to  learn  that  our  good  friend  Hogan's         ' 

health  continues  so  bad. 

I  wrote  you  from  Lawrenceburg  suggesting  the  propriety  of  your 
publishing  A.  V.  Brown's  speeches  on  abolition  and  the  Jackson  fine 
in  the  Union.  Brown  himself  has  some  feeling  because  it  has  not  been 
done  sooner.  Insert  them  with  suitable  editorials,  calling  attention 
to  them.    I  will  be  at  Nashville  next  week. 

7.  [A.  0.  P.]  Nicholson  (Columbia,  Tenn.)  to  Maj.  J.  P.  Heiss, 

Nashville.  May  8,  1844. 

I  thank  you  for  your  favor.  I  have  not  had  the  head,  heart  or 
hand  to  answer  it,  not  that  I  was  surprised  at  Mr.  V.  B.'s  course,  but 
his  letter10  produced  such  a  prostrating  and  cooling  effect  upon  our 
friends  here  that  it  did  appear  very  much  like  we  had  disbanded. 
Indeed  it  has  given  many  a  pretext  for  doing  that  which  they  have 
had  in  their  minds  to  do — to  declare  against  V.  B.,  and  a  considerable 
portion  of  them  will  never  be  reconciled  to  him.  On  the  evening  that 
his  letter  got  here  the  democratic  association  met  and  Barkly  Martin 
addressed  them — he  curried  down  V.  B.  smartly  but  when  he  came  to 
speak  of  Cass  as  he  did  most  eloquently,  every  democrat  was  himself 
and  a  more  enthusiastic  crowd  I  never  saw — they  made  all  sorts  of 
loud  manifestations  of  approbation  and  joy. — Well,  just  as  the  Dem- 
ocratic countenances  had  begun  to  contract,  down  came  upon  us  the 
Virginia  election,  and  down  went  our  under  jaws  again.  And  here 
we  are  with  our  breeches  down.  But  may  it  not  all  be  for  the  best — 
How  can  Mr.  V.  B.  be  now  nominated?  Surely,  surely,  surely  it  will 
not  be  done. — But  what  ought  the  Union  to  do.  Ill  tell  you.  Just 
say  in  emphatic  terms. — Let  others  do  as  they  may,  we  go  for  the 
annexation  warmly  and  constantly — and  then  as  to  men  wait  pa- 
tiently until  the  nomination — in  the  meantime  keep  striking  for 
Texas  and  our  other  principles;  holding  yourself  ready  to  take  the 
proper  course  when  the  nomination  is  made.     I  have  not  time  to 

* 

^•Aaron  V.  Brown's  speech  in  the  House  of  Representatives  on  the  exclusion  of 
abolition  petitions  had  already  been  published  in  the   Union,  February  6,   1845. 

t6Van  Buren's  letter  to  Hammett,  dated  April  20,  and  published  in  the  Globe, 
had  just  reached  Nashville  and  had  been  republished  in  the  Nashville  Union,  May  7» 
1845. 


Heiss  Papers  143 


write  any  more.     My  head  aches,  my  heart  aches,  and  I  am  in  the 
middle  of  a  great  law  suit. 

8.    James  K.  Polk,  Columbia,  (Tenn.)  to  J.  P.  Heiss  Nashville, 


Tennessee. 


July  31,  1844. 


Private. 

R.  P.  Flenniken,  Esq.  of  Union  Town,  Pennsylvania,  requests  me 
to  forward  to  him  some  Democratic  paper  published  in  this  State 
during  the  pendency  of  the  present  contest.  Will  you  send  him  the 
"Tri-Weekly  Union  and  the  Star  Spangled  Banner." — Mr.  Flenniken 
is  a  distinguished  lawyer  of  Union  Town  and  is  the  President  of 
the  Democratic  Association  of  Fayette  County.  He  gives  me  a  most 
flattering  account  of  the  Democratic  prospects  in  that  part  of  Penn- 
sylvania. 

I  hope  the  arrangement  can  be  made  to  have  the  aid  of  my  friend 
Harris's  talents  in  the  Union.  The  Union  should  be  made  in  Ten- 
nessee what  Medary's  Statesman  is  in  Ohio,  and  what  the  Union 
itself  was  in  1839. — It  is  looked  to  from  all  parts  of  the  Union  and 
must  be  a  great  paper  during  this  canvass.  It  would  do  well  enough 
as  it  is  in  ordinary  times,  but  we  are  now  in  a  storm, — and  it  wants 
more  spirit  and  fire.  Let  Harris  and  Laughlin  both  labor  for  it. 
Harris  is  willing  at  a  word.  I  have  written  to  Laughlin  and  feel 
sure  he  will  consent  and  take  no  offence. — Much  depends  on  the  next 
90  days,  and  there  is  not  a  paper  in  the  Union  whose  location  makes 
it  so  important  as  the  Union  during  that  period. — Harris  is  willing. 
Let  him  lay  hold  immediately.  There  is  not  a  day  to  be  lost.  All 
Laughlin  can  desire  is  the  good  of  the  common  cause,  and  he  cannot 
and  must  not  take  offense  at  having  Harris's  aid,  in  the  great  work. 
If  the  present  enthusiasm  and  confidence  of  our  party  can  be  kept  up 
for  the  next  90  days  all  will  be  well  in  the  State, — and  in  the  Union. 
I  have  written  to  Armstrong  on  the  subject.  Consult  him.  This 
letter  is  for  your  own  eye  alone. 

In  haste. 


9.    James  K.  Polk,  Columbia  to  Maj.  J.  P.  Heiss,  Nashville. 

Aug.  21,  1844. 

(Confidential.) 

Your  letter  of  the  29th  ulto.  is  at  hand.  I  had  anticipated  your 
views  in  my  letter  to  you  of  yesterday,  which  I  sent  under  cover  to 
Genl.  Armstrong,  lest  it  might  fall  into  the  hands  of  some  one  else  in 
your  office. 

I  had  also  written  to  Laughlin,  and  received  his  answer  on  yester- 
day. He  says  he  is  desirous  to  have  Mr.  Harris's  aid.  I  think  he  pre- 
fers to  remain,  but  will  be  entirely  willing  that  Harris  should  lay 
hold  with  him,  and  make  the  Union  such  a  paper  as  the  crisis  de- 
mands.— Harris  is  ready  at  a  moment's  notice.  Let  it  therefore  be 
done.  The  two  can  and  will  make  the  Union  the  great  paper  of  the 
country  for  the  next  90  days  and  this  is  what  it  ought  to  be.  Both 
Laughlin  and  Harris  can  be  well  employed  their  whole  time  in  making 
it  a  powerful  organ.  Let  it  be  done. — You  cannot  imagine  the  impor- 
tance I  attach  to  it.  It  is  indeed  indispensible,  that  fire  and  spirit 
and  power  [?]  should  be  thrown  into  it.  The  Nashville  Whig  press 
must  be  boldly  and  promptly  met  at  every  point  and  driven  back  by 
exposing  their  falsehoods  and  misrepresentations.  Can  you  not  in  the 
[e]mergency  and  for  the  next  90  days  spare  more  space  in  the  Union 
for  political  matter.  This  is  important  if  you  can  possible  do  it,  as 
I  hope  you  can. 


• 


144 


Documents 


10. 


James  K.  Polk,  Columbia,  to  Maj.  J.  P.  Heiss,  Nashville. 

Sept.  13, 1844. 


(  Private.  ) 

I  send  you  today  under  cover  to  Genl.  Armstrong,  a  Nashville 
Union  of  the  11th  Instant, — containing  with  the  additional  matter 
attached  by  wafers  the  material  for  the  pamphlet  which  I  wish  pub- 
lished. The  "Vindication"  as  published  in  the  Union  of  that  date,  with 
the  additional  matter  attached — by  wafers — will  constitute  the 
pamphlet.17  Let  there  be  a  title  page, — if  there  is  room — upon  which 
the  title  must  be  printed.  I  wish  you  to  print  $10,000  (sic)  copies  in 
net  style.  I  wish  you  to  advise  me  on  what  day  they  will  be  out  and 
ready  for  distribution. — I  hope  they  can  be  ready  by  monday  or  tues- 
day.  The  Title  or  heading  of  the  pamphlet  must  be  the  same  as 
that  printed  in  the  Union. — I  wish  it  properly  done  and  must  there- 
fore ask  your  personal  attention  to  its  publication.  Not  being  a 
printer  I  do  not  know  that  you  will  understand  where  I  wish  the 
additional  matter  to  come  in,  from  the  manner  in  which  I  have 
attached  it  by  wafers.  Lest  you  may  not,  I  state  that  I  wish  the 
statement  of  letter  of  John  Wallace  to  be  inserted  immediately  after 
the  statement  of  Jacob  Lawrence.  I  wish  the  extracts  from  Mr. 
Senator  Haywood's  report,  to  come  in  at  the  close  of  the  whole,  and 
immediately  after  the  address  of  the  North  Carolina  Committee. 
There  are  two  extracts  from  Mr.  Haywood's  report.  I  wish  the  more 
lengthy  extract  pasted  or  wafered  on  the  left  hand  side  of  the  page- 
to  come  in  first;  and  the  other  extract  to  come  in  after  the  * 
and  to  conclude  the  pamphlet.  I  hope  I  have  made  my  [self]  under- 
stood. I  have  noted  several  typographical  errors, — in  the  paper  as 
published  in  the  Union  of  the  11th, — which  you  will  please  have  cor- 
rected in  the  pamphlet  impression.  If  you  get  this  letter  in  time  to 
answer  by  Saturday's  mail,  let  me  know  when  the  pamphlet  copies  will 

ready. 

11.    James  K.  Polk,  Columbia,  to  Gen.  R.  Armstrong,  Nashville. 


Sept.  16,  1844. 

Private. 

A  letter  received  today  from   Williamson  of  Somerville,  renders 
it  probable  that  Staunton  may  still  come  up  in  a  few  days.     If  he 

* 

17The  pamphlet  to  which  Polk  refers  so  interestedly  in  this  and  the  following 
letters  had  its  origin  in  the  bitter  personalities  of  the  political  campaign.^  James 
K.  Polk  was  a  native  of  North  Carolina  and  in  no  state  was  the  party  strife  more 
violent.  To  damage  Polk  in  the  canvass  the  story  was  circulated  in  North  Carolina 
that  his  father,  Samuel  Polk,  had  been  a  Tory  in  the  time  of  the  American  Revo- 
lution. It  was  soon  demonstrated  that  Samuel  Polk  was  only  four  years  old  when 
the  Revolution  broke  out.  The  charge  was  then  carried  one  generation  farther 
back  and  it  was  alleged  that  Ezekiel  Polk,  the  grandfather  of  the  candidate  for  the 
Presidency  had  been  a  Tory.  In  disproof  of  this  latter  charge  reference  was  made 
to  the  activity  of  Ezekiel  Polk  and  Thomas,  his  brother,  as  evidenced  by  documents 
connected  with  the  alleged  Mecklenburg  Declaration  of  Independence  of  May  20, 
I77S-  Various  commissions  also  were  reproduced  giving  official  positions  held  bv 
Ezekiel  Polk.  A  third  charge  was  that  in  1780  Ezekiel  Polk  "took  the  protection 
of  the  British  commander  against  the  Tories.  This  was  answered  by  citing  the 
example  of  others,  especially  Havne,  of  South  Carolina,  who  did  the  same  thing, 
while  the  consistent  loyalty  of  Polk  was  proved  by  many  witnesses.  It  is  interesting 
to  note  the  statement  that  the  charge  was  first  made  in  1840  by  a  Whig  paper 
published  at  Joncsboro,  Tenn.  This  must  have  been  none  other  than  the  news- 
paper of  William  G.  Brownlow,  who  had  an  especially  keen  scent  for  any  kind 
of  scandal. 

The  materials  for  the  defense  of  Ezekiel  Polk's  character  were  presented  in  a 
report  by  W.  H.  Haywood,  of  North  Carolina,  and  embodied  in  a  communication 
prepared  by  the  Democratic  Correspondence  Committee  of  North  Carolina.  This  was 
republished  in  the  Nashville  Union  of  September  it  with  the  title.  Vindication  of 
the  Revolutionary  Character  and  Services  of  the  Late  Col.  Ezekiel  Polk  of  Meck- 
lenburg, North  Carolina.  It  is  this  with  his  additions  thereto  that  Polk  wishes 
Eublished  in  pamphlet  form.  A  copy  of  the  pamphlet  is  in  the  Polk  Papers  in  the 
.ibrary  of  Congress. 


Heiss  Papers  145 


* 


does,  Nicholson  will  immediately  take  his  place.  I  promise  to  send 
you  the  names  of  the  Democratic  speakers,  to  whom  the  letter  is  to 
be  sent  by  the  Committee,  I  can  only  a  part  of  them  tonight.  In 
counties  where  there  are  two  or  more  speakers,  one  letter  addressed 
to  them  jointly  will  answer.     The  list  is  herewith  enclosed. 

Major  Heiss  writes  me  that  the  Pamphlet  Edition  of  the  "Vindica- 
tion of  E.  Polk  etc." — will  be  out  this  week,  a  part  of  them  on  Wed- 
nesday evening.  I  wish  you  to  send  100  of  the  first  that  are  struck 
to  Edwin  Polk,  Esq.  Bolivar,  through  the  mail.  Send  them  in  such 
a  way  that  he  will  only  have  newspaper  postage  to  pay. 

Send  one  copy  of  the  first  that  are  out  to  each  Democratic  member 
of  Congress.  When  all  are  out,  send  25  copies  to  each  Democratic 
member  of  Congress. 

Send  10  copies  to  each  Democratic  elector  in  the  Union, — as  far 
as  their  names  can  be  ascertained  from  the  newspapers. 

Send  one  copy  to  each  Democratic  newspaper  in  the  Union. 

Request  Mr.  Southall  to  send  one  copy  to  each  one  of  the  list  of 
persons  in  this  State  which  he  has. 

Send  one  copy  to  each  Democratic  speaker  in  this  State. 

Send  to  any  others  in  any  part  of  the  Union  whom  you  may  think 
of. 

Reserve  1000  copies  for  me  and  1000  copies  for  Edwin  Polk,  Esq 
of  Bolivar. 

Send  them  to  Edwin  and  myself  by  the  first  safe  opportunity — 
so  as  to  avoid  Postage  if  it  can  be  done. 

I  wish  100  of  the  first  that  are  struck  sent  to  me.  Send  them  out 
to  Mr.  Loughtry  on  Thursday,  if  you  can  get  them. 

12.  James  K.  Polk,  Columbia,  to  Maj.  J.  P.  Heiss,  Nashville. 

September  16,  1844. 

Private. 

Yours  of  the  14th  came  to  hand  today.  You  say  you  will  have 
one  or  two  thousand  of  the  Pamphlet  out  by  Wednesday  night,  and 
the  balance  during  the  week,  and  desire  to  know  how  you  are  to  dis- 
pose of  the  first  copies  which  you  get  out.  Send  one  copy  to  every 
Democratic  newspaper  in  the  Union.  I  suppose  you  have  the  name 
and  title  of  a  large  number  of  them  on  your  exchange  list.  Send 
100  copies  address  through  the  Post  office  to  Edwin  Polk,  Esq.,  Boli- 
var Tennessee.  You  can  put  them  up  in  bundles  of  25  or  50,  and  mark 
on  the  envelope  the  number  of  printed  sheets  which  each  bundle 
contains. — Put  up  200  copies  for  me  an  dgive  them  to  Genl.  Arm- 
strong to  be  sent  out.  Furnish  to  Mr.  Southall  two  or  three  hundred 
or  a  sufficient  put  up  in  single  copies,  to  send  one  to  each  of  the  list 
of  names  which  he  has  in  this  State.  Have  a  single  copy  sent  also 
to  each  Democratic  member  of  Congress.  Genl.  Armstrong  has  a 
directory  containing  their  names  and  Post  office.  Put  up  all  the 
balance  in  bundles  of  25  each  and  deliver  them  to  Genl.  Armstrong 
and  I  will  inform  him  how  I  wish  them  distributed. 

Send  me  one  of  the  first  copies  which  you  strike  off. 

I  suggest  that  you  put  into  the  next  Star  Spangled  Banner,  the 
additional  matter,  viz  Wallace's  statement  and  the  extracts  from 
the  North  Carolina  Vindication,  which  will  appear  in  the  Pamphlet, 
and  which  did  not  appear  in  the  last  Star  Spangled  Banner. 

My  news  from  New  York  and  New  Jersey  is  very  fine. 

13.  James  K.  Polk,  Columbia,  to  Maj.  J.  P.  Heiss,  Nashville. 

Sept.  20,  1844. 

Private. 

Your  letter  of  the  18th  is  at  hand.    I  wish  you  to  reserve  for  my 


• 


146  Documents 


own  use  1000  copies  of  the  "Vindication."  I  have  written  to  Genl. 
Armstrong,  particularly  how  I  wish  the  balance  distributed.  I  di- 
rected to  send  1000  copies  to  Edwin  Polk  of  Bolivar,  and  pointed  out 
to  whom  the  balance  were  to  be  sent.  He  has  my  letter  I  wish  of 
course  one  or  more  copies  sent  to  each  Democratic  Elector  through- 
out the  Union  as  far  as  their  names  can  be  had. 

Will  you  put  up  600  of  the  1000  which  I  wish  to  reserve  for 
myself, — in  single  copies — as  you  printers  do  your  newspapers,  so 
that  I  may  direct  them  to  individuals.  Deliver  all  reserved  for  me 
to  Armstrong  as  soon  as  they  are  ready,  and  he  will  send  them  out. 


14.    Jan 
Private. 


P.  Heiss,  Nashville 

September  25,  1844. 


I  wish  you  to  send  out  the  balance  of  the  1000  copies  of  the 
"Vindication  of  E.  Polk  etc" — which  I  directed  to  be  forwarded  here, 
as  soon  as  possible.  Have  the  balance  of  the  10,000  ordered  to  be 
printed  been  distributed  over  the  Union  as  I  requested  [?]  I  wrote 
to  Genl.  Armstrong  particularly  how  I  wished  them  distributed.  They 
ought  to  be  off  immediately. — Be  pleased  to  inform  me  if  they  have 
gone. 

15.  James  K.  Polk,  Columbia,  to  Maj.  J.  P.  Heiss,  Nashville. 
Private. 

Sept.  30,  1844. 

I  have  received  a  letter  from  a  leading  Democratic  friend  in 
Louisiana,  requesting  me  to  ask  you  to  send  the  Nashville  Union — 
in  exchange  to  the  "Bayou  Sara  Ledger,"  published  at  Bayou  Sara 
Louisiana.     I  will  thank  you  to  do  so. 

Have  you  send  the  1,000  copies  of  the  "Vindication"  to  Edwin 
Polk,  Esq.  at  Bolivar  as  requested.  If  you  have  not,  send  them 
through  the  mail.  Put  them  up  in  packages  of  convenient  size,  or 
request  Genl.  Armstrong  to  do  so,  in  such  manner  they  will  be  charged 
with  Newspaper  or  Pamphlet  Postage  only. — Have  all  the  balance 
been  distributed?     Send  me  the  balance  of  my  1,000. 

My  news  from  Georgia  is  very  good,  as  good  as  that  from  the 
North.     In  haste. 

16.  Robert   Tyler,18   Executive  Mansion,   Washington   City,  to 

Maj.  J.   P.   Heiss.  October   6. 

Your  very  kind  letter  addressed  to  the  President  has  been  re- 
ceived, and  in  the  absence  of  the  President  from  the  seat  of  Govt, 
(he  is  not  at  fortress  Calhoun,  Va.)  I  take  pleasure  in  replying  to  it. 

Without  much  arrogance,  I  think  I  can  claim  that  Thomas  Jeffer- 
son would  not  be,  if  he  were  living:,  very  much  ashamed  of  his  dis- 
ciple the  present  President  of  th  U.  S. 

Is  there  any  other  Republican  in  the  country  who  has  accomplished 
a  greater  work  in  the  service  of  the  Jeffersonian  principles,  that  act 
of  General  Jackson'  excepted  which  prostrated  the  National  Bank, 

You  can  only  appreciate  what  he  has  done  by  imagining  the  con- 
dition of  the  country  if  it  had  not  been  for  his  accession  to  the  presi- 
dency and  his  firm  and  honest  course. 

We  should  have  had  a  national  bank,  a  Distribution  of  the  pro- 
ceeds of  the  public  Funds,  a  permanent  system  of  a  high  protective 
tariff,  the  country  filled  with  Federalists  in  office  from  one  end  of  it 
to  the  other,  and  other  Federal  abuses  of  a  heinous  character. 

"Robert  Tyler  was  the  son  of  President  John  Tyler.  The  year  is  not  given. 
It   was  probably    1842. 


■ 


Heiss  Papers  147 


Besides  we  should  have  had  No  Treaty  with  England,  but  in  all 
probability  a  war;  for  this  treaty  is  one  of  the  results  of  the  Presi- 
dent's position  without  a  party  in  Congress.  If  it  had  been  made  a 
party  suestion,  we  should  have  had  a  war  beyond  doubt. 

As  to  the  Expunging  Resolutions,  you  know  my  father  resigned  his 
seat  in  Congress  rather  than  disobey  the  instructions  of  the  people 
of  his  State,  which  in  the  absence  of  any  personal  ill  will  towards 
Genl.  Jackson,  but  on  the  contrary  with  an  admiration  of  his  char- 
acter, proves  that  he  viewed  the  question  as  a  constitutional  one,  and 
gives  evidence  of  the  honesty  of  his  motives  &  purpose.  Men  will 
differ  in  their  judgements,  and  with  my  father's  views  of  that  ques- 
tion, as  purely  a  question  of  constitutional  consideration,  he  would 
have  been  recreant  to  his  own  honour,  to  have  voted  for  them.  Think- 
ing it  wrong,  he  would  not  have  done  so  for  the  sake  of  the  dearest 
friend  he  had  in  the  world. 

With  respect  to  the  Sub-Treasury  as  presented  in  its  first  crude 
form,  no  man  pretends  to  say  that  the  people  did  not  decide  against 
the  measure.  The  Exchequer  plan  is  but  an  improvement  on  the 
Sub-Treasury.  Does  the  Sub  Treasury,  my  dear  Sir,  alone  exhibit 
and  concentrate  democratic  principles?  Can  only  one  democratic  form 
of  a  fiscal  agent  be  suggested. 

The  Exchequer  plan  proposed  by  the  President  is  Mr.  Jefferson's 
own  scheme,  only  I  think  a  little  safer  and  if  anything  a  more  demo- 
cratic plan.  Mr.  Jefferson  proposed  that  his  issue  of  treasury  notes 
should  be  bottomed  on  a  specific  tax,  whereas  the  President  proposes 
an  actual  sub-stratum  dollar  for  dollar,  of  gold  and  silver  coin. 

Besides,  my  dear  Sir,  any  party  who  goes  before  the  people  in  that 
old  issue,  will  assuredly  be  again  put  down. 

The  President  is  anti-bank — anti  a  high  protection  Tariff — anti 
distribution — anti-abolition — anti-Federalism  in  all  and  any  forms  and 
a  strict  constructionist  of  the  Constitution.  What  more  is  needed 
to  make  a  pure  Republican? 

(To  be  continued.) 

* 

II. 

Walker-Heiss  Papers,  Additional. 

[In  the  Walker-Heiss  Papers,  published  in  the  Magazine 
for  December,  1915,  were  included  (pp.  338  ff.)  documents 
bearing  on  the  appointment  of  John  P.  Heiss  as  special  com- 
missioner from  the  Republic  of  Nicaragua  to  the  governments 
of  Great  Britain  and  the  United  States.  The  document  printed 
below,  which  has  been  only  recently  placed  in  the  possession 
of  the  Editor,  is  the  letter  of  instruction  given  to  Heiss  on  this 
occasion.  By  it  Walker's  intentions  are  more  clearly  re- 
vealed.— Ed.] 

Wm.  Walker  to  Mr.  John  P.  Heiss,  Special  Commissioner  to  Great 

Britain  and  the  United  States. 

Government  House,  Granada,  Sep.  30th,  1856. 

Sir:     In  the  special  mission  with  which  you  are  charged  you  will  be 
governed  by  the  following  instructions: 

1st.  You  will  proceed  as  early  as  possible  to  Washington  City 
where  you  will  present  a  copy  of  your  credentials  to  the  Secretary  of 
State  of  the  United  States.  If  the  information  you  receive  there  is 
of  such  a  nature  as  to  induce  you  to  suppose  that  negotiations  are 


148 


I  >(>(!(  t/K  II  t.S 


pending  in  London  between  the  United  States  and  Great  Britain  con- 
cerning the  question  of  the  Mosquitos  and  of  San  Juan  de  Nicaragua, 
you  will  proceed  as  soon  as  possible  to  England.  When  arrived 
there  you  will,  at  the  time  you  deem  expedient,  present  a  copy  of 
your  credentials  to  H.  B.  M.'s  Principal  Secretary  of  State  for  For- 
eign Affairs. 

2nd.  If  acknowledged  and  received  both  by  the  Secretary  of  State 
of  the  United  States  and  by  the  Principal  Secretary  of  State  for  For- 
eign Affairs  of  Her  Britannic  Majesty,  you  will  request  to  become  a 
party  to  any  negotiations  which  may  be  pending  or  any  settlement 
which  may  be  made  touching  the  possession  of  the  Mosquito  shore 
and  the  Port  of  San  Juan  de  Nicaragua. 

3rd.  In  any  settlement  which  may  be  proposed  you  will  insist 
that  the  Mosquitos  are  to  be  treated  like  any  other  tribe  of  savages  in 
countries  settled  by  Europeans. .  You  will  suggest  that  the  Right 
Honorable  Earl  of  Clarendon  by  his  late  dispatch  distinctly  admits 
that  Great  Britain  claims  no  protectorate  over  the  territory  inhabited 
by  the  Mosquitos,  but  confines  her  protection  simply  to  the  persons 
of  those  Indians.  You  will  explicitly  state  that  Nicaragua  never 
has  interfered  and  does  not  intend  to  interfere  with  the  persons  of 
the  Mosquitos;  but  that  she  has  been  always  ready  and  willing  and  is 
now  ready  and  willing  to  extend  to  them  the  same  personal  rights 
and  personal  protection  which  she  affords  to  her  own  citizens.  You 
will  suggest  the  utter  incapability  of  the  Mosquitos  for  any  social 
or  political  organization  as  an  evidence  of  their  savage  character;  for 
although  Great  Britain  asserts  that  her  protectorate  over  this  tribe 
has  lasted  for  two  centuries,  still  they  have  not  made  any  advance 
towards  civilization. 

4th.  As  a  consequence  you  will  insist  that  the  sovereignty  of  the 
Mosquito  shore  from  the  mouth  of  the  Colorado  River  to  the  mouth 

of  the  Rio  Wanks  resides  in  Nicaragua.  The  headwaters  of  the  Rio 
Bluefields  and  of  the  Rio  Wanks  are  occupied  by  Nicaraguans ;  and  the 
Prefects,  Judges,  and  alcaldes  of  Nicaragua  have  always  exercised 
jurisdiction  over  the  towns  on  the  head-waters  of  these  rivers.  As 
the  French  held  possession  of  the  Valley  of  the  Mississippi  in  vitrue 
of  discovering  its  mouth  and  navigating  it  from  its  head-waters  and 
those  of  its  tributaries  to  its  mouth,  so  Spain, — under  whom  Nicaragua 
claims — obtained  the  vallies  of  the  Bluefields  and  of  the  Wanks,  as 
well  as  of  the  San  Juan,  by  navigating  them  from  their  sources  to 
the  sea. 

5th.  The  Port  of  San  Juan  de  Nicaragua  is  as  its  name  indicates 
a  Spanish  settlement  and  was  in  the  possession  of  Nicaragua  until 
the  beginning  of  the  year  1848.  Nor  is  it  now  really  in  the  possession 
of  the  Mosquitos.  It  is  inhabited  by  citizens  of  the  United  States 
and  of  Nicaragua  together  with  a  few  subjects  of  Great  Britain  and 
of  France.  These  persons  reside  at  San  Juan  in  a  sort  of  independent 
state  under  the  quasi-protection  of  the  British  authorities.  To  re- 
store the  Port  of  San  Juan  to  Nicaragua  takes,  therefore,  no  territory 
from  the  Mosquitos. 

6th.  You  will  insist  on  the  absolute  and  unconditional  re-delivery 
of  the  Port  of  San  Juan  to  Nicaragua.  Without  this  port  our  sov- 
ereignty over  the  Isthmus  is  incomplete  and  we  may,  at  any  time,  be 
shut  out  from  the  Atlantic.  Under  no  conditions  will  you  agree  to 
cede  the  sovereignty  of  Nicaragua  over  San  Juan  del  Norte,  though  if 
you  find  a  settlement  can  be  made  on  no  other  conditions  you  may 
agree  that  it  be  made  a  free  port. 

7th.  Should  Great  Britain  propose  to  make  San  Juan  a  free  port, 
it  can  only  be  on  account  of  the  trade  with  Costa  Rica.  In  this 
connection   you  may   say  that  present  war  between   Nicaragua  and 


i 


I 


Walker -Heiss  Papers,  II.  149 


■ 


Costa  Rica  can  only  end  by  an  intimate  alliance  or  a  perfect  Confed- 
eration between  the  two  States.  In  either  case,  the  trade  of  Costa 
Rica  through  San  Juan  will  be  made  free.  Or  you  may  propose  an 
article  in  the  agreement  giving  imports  and  exports  to  and  from 
Costa  Rica  free  passage  through  the  Port  of  San  Juan  de  Nicaragua. 
You  will  consent  to  make  it  a  free  port  only  in  case  this  be  a  sine  qua 
non  of  any  settlement. 

8th.  In  fixing  the  territory  assigned  for  the  occupancy  of  the 
Mosquitos,  you  will  endeavor  to  make  limits  as  narrow  as  possible. 
So  you  may  agree  to  pay  the  chief  of  the  Mosquitos  an  annuity  not 
exceeding  $10,000,  always,  however,  making  the  sum  as  small  as  pos- 
sible. You  will  also  provide  for  the  extinction  of  the  Indian  title  of 
occupancy  at  any  future  time. 

9th.  You  can  propose  to  the  two  Powers  to  enter  into  an  agree- 
ment guaranteeing  the  neutrality  in  all  future  wars  of  the  transit 
from  one  ocean  to  another,  and  securing  it  from  all  interruption  what- 
ever either  by  the  contracting  parties  or  by  other  belligerents.  This 
will  give  a  new  importance  to  the  treaty  between  England  and  the 
United  States  concerning  the  isthmus ;  for  the  consent  of  Nicaragua  to 
such  an  agreement  gives  the  two  great  commercial  Powers  a  perfect 
right  to  secure  the  trade  across  the  Isthums  under  any  and  all  cir- 
cumstances. 

10th.  You  will,  however,  be  careful  not  to  pledge  the  future  action 
of  Nicaragua  either  towards  the  neighboring  States  of  Central  Amer- 
ica or  towards  the  United  States. 

11th.  You  will  endeavor  to  impress  both  the  Powers  with  the 
importance  to  them  of  recent  changes  in  the  political  condition  of  this 
Republic.  You  will  endeavor  to  convince  them  of  the  immense  com- 
mercial advantages  both  Powers  may  derive  from  these  changes.  Just 
one  hundred  years  ago  England  was  engaged  in  a  war  which  con- 
cluded French  rule  in  North  America.  The  Spanish  language  may 
be  destined  to  the  s  ame  fate  as  the  French. 

12th.  Finally,  you  will  endeavor  to  make  the  two  Governments 
understand  that  the  present  movement  in  Central  America  is  for 
the  advantage  of  all  those  who  speak  the  English  language  and  who 
derive  their  laws  from  the  institutes  of  Alfred. 

WM.  WALKER. 


HISTORICAL  NOTES  AND  NEWS. 


* 


A  Review  of  the  Proceedings  of  the  Tennessee  Historical  So- 
ciety, March  to  May,  1916. 

The  most  important  event  for  the  development  of  historical  in- 
terest during  these  past  three  months  was  the  meeting  in  Nashville 
of  the  Mississippi  Valley  Historical  Association,  A  full  account  of 
this  meeting  is  to  be  found  elsewhere. 

On  March  14  Major  J.  G.  Cisco  delivered  an  address  before  the 
society  on  William  Blount.  This  paper  gave  a  very  interesting  out- 
line of  the  life  of  this  early  Tennessean  and  especially  dwelt  upon 
his  expulsion  from  the  United  States  Senate.  The  speaker  brought 
out  quite  strongly  the  feelings  of  the  western  people  and  particularly 
those  of  Tennessee  in  support  of  Blount's  policy  of  dealing  with  the 
Indians  and  Spain. 

At  the  April  meeting  the  regular  program  was  dispensed  with, 
and  the  time  was  taken  up  in  discussing  plans  for  the  Mississippi 
Valley  xiistorical  Association. 

On  May  8  the  annual  business  meeting  was  held,  at  which  time 
reports  were  made  by  the  Treasurer  and  the  President  on  the  condi- 
tion of  the  society.  The  present  list  of  officers  were  re-elected  for 
the  ensuing  year.  A  paper  was  also  presented.  Mr.  W.  B.  Myer, 
of  Carthage,  sent  an  article  on  Prehistoric  Man  in  Tennessee,  which 
was  read  by  Mr.  DeWitt. 

The  question  of  reduction  of  all  dues  to  $2.00  a  year  was  dis- 
cussed and  left  to  the  executive  committee  to  decide  upon.  The  so- 
ciety has  had  to  give  up  the  vault  in  the  Vanderbilt  Law  Building 
due  to  the  remodeling  of  the  building  for  the  Commercial  Club,  and 
some  provision  has  to  be  made  for  the  possessions  of  the  Society. 
The  pictures  were  returned  to  Watkins  Hall  for  the  present.  Prac- 
tically all  of  the  documents  not  stored  in  a  vault  of  a  down-town  bank 
will  be  taken  for  temporary  deposit  in  fireproof  quarters  in  College 
Hall,  Vanderbilt  University,  until  some  permanent  place  can  be  se- 
cured. 


with 


Washington 


The  new  members  for  the  past  three  months  are: 
Mr.  John  Howe  Peyton,  Nashville. 


Agriculture 


Mrs.  John  W.  Holt,  Wartrace. 
Miss  Cora  Halbeck,  Nashville. 


Agriculture 


Mr.    Clarence    B.    Moore,    Philadelphia,   was    made    an    honorary 
member. 

The   Society  has  received  lately  the  following  books  and  pam- 
phlets : 

Historical  Sketches  of  the  Campbell,  Pitcher  and  Kindred  Fam- 
ilies, by  Margaret  Campbell  Pilcher. 

A   series  of  pamphlets  by  Mr.  C.  M.  Burton,  of  Detroit,  Mich., 
relating  to  the  early  history  of  Detroit. 

The  Aboriginal  Sites  on  the  Tennessee  River,  Clarence  B.  Moore. 


Notes  and  News  151 


A  History  of  Education  in  Iowa. 
The  Illinois  Historical  Collections. 
The  Jackson  Highway,  by  R.  H.  Gray. 

A  Report  to  the  Supreme  Court  of  the  United  States,  State  of 
Georgia  vs.  Tenn.  Copper  Co.  at  Ducktown,  by  Dr.  J.  T.  McGill. 

The  History  of  Memphis,  by  Hon.  J.  P.  Young. 

Irby  Roland  Hudson, 

Recording  Secretary. 

MEETING   OF  THE   MISSISSIPPI  VALLEY   HISTORICAL  ASSOCIATION. 

As  announced  in  the  last  number  of  the  Magazine,  the  ninth 
annual  meeting  of  the  Mississippi  Valley  Historical  Association  was 
held  at  Nashville,  Tennessee,  on  Thursday,  Friday  and  Saturday, 
April  27,  28,  29.  The  Association  was  invited  to  Nashville  by  the 
Tennessee  Historical  Society,  Vanderbilt  University,  and  the  George 
Peabody  College  for  Teachers. 

The  sessions  began  Thursday  morning  at  the  Hotel  Hermitage. 
After  the  morning  session,  which  was  devoted  largely  to  papers  upon 
Ohio,  Kentucky,  Tennessee,  and  the  Southwest,  there  was  held  in 
the  loggia  of  the  hotel  a  joint  subscription  luncheon  of  the  Ohio 
Valley  and  the  Mississippi  Valley  Historical  Associations,  together 
with  some  citizens  of  Nashville  and  neighboring  cities.  A  feature 
of  this  luncheon  was  a  series  of  interesting  reports  upon  the  centen- 
nial celebrations  planned  by  those  states  of  the  Mississippi  Valley 
which  are  approaching  their  hundredth  year  of  statehood.  Added 
to  these  was  an  address  by  Chancellor  John  Allison  of  Nashville 
upon  Andrew  Jackson  in  connection  with  the  plans  of  the  Andrew 
Jackson  Memorial  Association. 

After  a  short  interval  another  regular  session  was  held,  lasting 
into  the  late  afternoon.  At  night  in  the  hall  of  the  Watkins  Insti- 
tute, adjoining  the  rooms  of  the  Tennessee  Historical  Society,  the 
Association  met  in  joint  session  with  the  Tennessee  Historical  Society 
and  listened  to  the  presidential  address  of  Dr.  Dunbar  Rowland  of 
Jackson,  Mississippi,  President  of  the  Mississippi  Valley  Historical 
Association,  in  which  he  described  the  place  of  the  Mississippi  Valley 
in  American  history.  Dr.  Rowland's  discourse  was  followed  by  an 
informal  but  very  clear  statement  by  Solon  J.  Buck,  of  the  Minnesota 
Historical  Society,  of  "The  Functions  of  a  State  Historical  Society ;" 
and  by  a  highly  interesting  address  on  "The  Beginnings  of  Nashville" 
by  Professor  Archibald  Henderson  of  the  University  of  North  Caro- 
lina.   This  was  followed  by  a  reception  in  the  loggia  of  the  Hermitage. 

The  session  of  Friday  morning  was  held  in  Furman  Hall  of  Van- 
derbilt University.  After  the  reading  of  papers,  the  business  of 
the  Association  was  taken  up  and  the  election  of  officers  for  the 
succeeding  year.  At  one  o'clock  the  members  and  guests  were  enter- 
tained at  luncheon  by  the  George  Peabody  College  for  Teachers  and 
Vanderbilt  University  in  the  Social  and  Religious  Building  of  the 
George  Peabody  College  for  Teachers.  Afterwards  in  the  auditorium 
of  the  same  building  a  conference  on  various  phases  of  the  teaching 
of  history  was  held  under  the  auspices  of  the  History  Teachers'  Sec- 
tion of  the  Mississippi  Valley  Historical  Association  and  the  Ten- 
nessee History  Teachers'  Association.  The  last  session  for  the  read- 
ing of  papers  was  held  in  University  Chapel  of  Vanderbilt  University 
on  Friday  evening.  The  speakers  were  Captain  A.  L.  Conger  of  the 
Military  Service  Schools  of  Fort  Leavenworth,  Kansas,  on  "The  Func- 
tion of  Military  History";  Dr.  Philip  Van  Ness  Myers,  of  Cincinnati, 


152  Notes  and  News 


Ohio,  on  "The  Ethics  of  Peace  and  the  Ethics  of  War";  and  Dr. 
G.  B.  Winton,  of  Vanderbilt  University,  on  "The  Present  Situation 
in  Mexico." 

On  Saturday  a  party  of  more  than  thirty  made  the  trip  by  auto- 
mobile to  the  Hermitage,  the  residence  of  Andrew  Jackson,  and 
were  there  greeted  by  Miss  Louise  G.  Lindsley,  Mrs.  P.  H.  Manlove, 
Mrs.  M.  C.  Dorris,  and  other  ladies  representing  the  Ladies'  Hermi- 
tage Association. 

On  Saturday  afternoon  the  final  entertainment,  not  included  in 
the  printed  program,  was  the  reception  given  by  the  Centennial  Club 
of  Nashville  in  honor  of  Mr.  E.  R.  Harlan,  of  Iowa,  to  which  the 
members  of  the  Mississippi  Valley  Historical  Association  were  invited. 

The  only  disappointments  which  attached  to  the  sessions  were 
found  in  the  absence  of  some  of  those  who  had  expected  to  read 
papers  and  particularly  in  the  illness  of  the  genial  and  efficient  Sec- 
retary of  the  Association,  Mr.  Clarence  S.  Paine,  of  Lincoln,  Ne- 
braska, to  whom  the  members  of  the  Association,  by  rising  vote  at 
the  business  meeting,  extended  their  cordial  sympathy. 

The  local  Committee  of  Arrangements,  consisting  of  Messrs.  John 
H.  DeWitt,  A.  P.  Foster,  W.  F.  Russell,  Irby  R.  Hudson,  D.  L.  Mc- 
Murry,  and  St.  George  L.  Sioussat,  seizes  this  opportunity  to  express 
its  appreciation  of  the  kindness  of  those  who  co-operated  in  making 
the  sessions  pleasant  for  the  visitors.  Especial  thanks  are  due  to 
the  Auxiliary  Committee  of  Ladies,  including  Mrs.  B.  D.  Bell,  Mrs. 
A.  S.  Caldwell,  Mrs.  James  E.  Caldwell,  Mrs.  John  H.  DeWitt,  Mrs. 
Mary  C.  Dorris,  Mrs.  Foster  Hume,  Mrs.  Robert  F.  Jackson,  Mrs. 
James  H.  Kirkland,  Mrs.  E.  A.  Lindsey,  Miss  Louise  G.  Lindsley, 
Mrs.  Bruce  R.  Payne,  Mrs.  St.  George  L.  Sioussat,  and  Mrs.  B.  F.  Wil- 
son, to  the  ladies  of  the  Hermitage  Association  and  the  ladies  of  the 
Centennial  Club.  Grateful  acknowledgment  should  be  made  also 
to  the  Baird-Ward  Printing  Company  for  printing  at  cost  the  pro- 
gram of  the  meeting. 

A  REQUEST  FROM    MR.  W.   E.   MYER. 

Mr.  W.  E.  Myer,  of  Carthage,  Tenn.,  in  conjunction  with  Prof. 
Warren  K.  Moorehead  of  the  Peabody  Museum,  Andover,  Mass.,  has 
undertaken  the  task  of  writing  a  book  on  "Primitive  Man  in  Ten- 
nessee." This  work  will  be  of  great  scientific  interest  and  has  long 
been  needed  by  our  State. 

It  is  now  believed  by  many  scientists  that  man  of  the  same  geo- 
logical age  as  the  Cave  Man  of  Europe  existed  at  one  time  in  Ten- 
nessee. Mr.  Myer  has  been  requested  thoroughly  to  explore  the  caves 
of  this  State. 

The.  Tennessee  Historical  Society  urges  the  public-spirited  citi- 
zens of  the  State  to  aid  in  this  work.  Explore  the  caves  in  your 
vicinity  and  write  Mr.  Myer  •  whether  you  find  anything  or  not.  If 
any  human  or  animal  bones  are  found,  do  not  disturb  them.  Write 
Mr.  Myer  and  he  will  visit  the  cave  and  study  them  just  as  found. 
Only  in  this  way  can  their  history  be  accurately  worked  out.  Write 
and  tell  him  even  when  no  remains  are  found. 

Also  please  send  him  a  list  of  the  Indian  mounds  and  Indian 
graves  in  your  section.  State  which  have  been  explored  and  which 
have  not.  Tell  who  explored  them  and  what  was  found  and  where 
the  objects  now  are. 

Tennessee  is  one  of  the  most  interesting  states  in  the  Union  from 
a  scientific  view,  yet  little  has  been  done  to  bring  her  rich  past  to 


i 


Books  Noted  153 


the  knowledge  of  the  world.  This  can  only  be  done  by  our  people 
reporting  what  is  in  their  section,  so  that  scientists  may  visit  and 
study  it.     They  have  had  long  experience  in  such  work. 

Mr.  Myer  will  gratefully  acknowledge  your  aid  in  the  forth- 
coming book.     Address  W.  E.  Myer,  Carthage,  Tenn. 

SCROGGS'S    "FILIBUSTERS    AND    FINANCIERS." 

The  story  of  William  Walker,  one  of  the  most  remarkable  men 
who  have  claimed  Nashville  as  their  birthplace,  has  always  had  a 
deep  interest  for  Tennesseans.  The  most  complete  and  scholarly 
account  of  Walker's  career  is  to  be  found  in  the  volume  lately  puo- 
lished  by  the  Macmillan  Company,  entitled  Filibusters  and  Financiers, 
by  Professor  William  0.  Scroggs  of  the  State  University  of  Louisiana, 
who  has  been  introduced  to  readers  of  the  Magazine  through  his 
introduction  and  notes  to  the  Reminiscences  of  Elleanore  (Callaghan) 
Ratterman  and  the  Walker-Heiss  Papers,  published  in  the  Magazine 
for  December,  1915. 

Besides  giving  with  a  wealth  of  detail  heretofore  unavilable  the 
account  of  Walker's  own  activities,  Professor  Scrogg's  excellent  book 
sets  Walker's  career  in  the  proper  relation,  first,  to  the  work  of 
other  filibusters,  and,  secondly,  to  the  financial  interests  which  were 
profoundly  interested  in  such  efforts.  As  to  the  first,  the  list  in- 
cludes Alex  Bell,  who  in  1851  led  a  futile  expedition  against  Ecuador, 
De  Pindray,  de  Sigondis,  and  Raousset-Boulbon,  Frenchmen  who 
from  California  headed  filibuster  expeditions  against  Sonora  in  Mex- 
ico before  Walker's  raid  on  Lower  California;  Henry  Crabb,  another 
native  of  Nashville,  who  after  extending  some  aid  to  Walker  in  his 
Nicaraguan  plans  himself  undertook,  in  1856-1857  to  "regenerate" 
Sonora  and  met  a  tragic  death;  and  Henry  L.  Kinney,  of  Pennsyl- 
vania and  Texas,  a  daring  speculator  who  obtained  land  rights  in 
the  Mosquito  territory  and  for  a  while  was  a  possible  rival  of  Walker. 
Of  still  greater  significance  is  the  demonstration  that,  to  no  small 
degree,  the  filibustering  expeditions  and  the  revolutions  in  the  Cen- 
tral American  states  were,  if  not  promoted,  at  least  utilized  by 
the  rival  transportation  interests  concerned  with  trade  with  these 
states,  and,  especially,  with  the  transit  from  the  Atlantic  to  the 
Pacific,  now  rendered  so  vitally  important  by  the  settlement  of  Cali- 
fornia under  the  American  flag.  Thus  besides  Walker  and  his  asso- 
ciates in  Nicaragua,  and  besides  the  governments  of  the  Central 
American  republics  and  those  of  Great  Britain  and  the  United  States, 
Cornelius  Vanderbilt,  Cornelius  K.  Garrison,  Charles  Morgan  and 
George  Law  play  roles  perhaps  less  dramatic  but  no  less  important. 

With  regard  to  the  political  phases  of  Walker's  work,  Professor 
Scroggs  points  out  that  the  violent  pro-slavery  attitude  which  marks 
Walker's  book,  "The  War  in  Nicaragua,"  published  in  1860  was  a 
development  and  not  an  original  conviction  of  the  filibuster.  As 
one  of  the  editors  of  the  New  Orleans  Crescent,  in  1848-1849,  Walker's 
position  was  a  conservative  one;  his  paper  ridiculed  the  filibustering 
expeditions  against  Cuba.  Slavery  expansion,  in  Professor  Scroggs' 
estimation,  was  not  the  motive  of  the  Lower  California  raid  of  1854. 
In  this  year,  after  the  failure  of  the  raid,  Walker,  in  the  San  Fran- 
cisco Commercial  Advertiser,  severely  criticised  the  support  by  the 
Southern  extremists  of  the  Kansas-Nebraska  bill.  Apparently  the 
necessities  of  his  course  in  Nicaragua  led  Walker  to  his  later  radical 
pro-Southern  views. 

Concluding  with  a  severe  criticism  of  Walker's  defects  as  a  leader, 
Professor  Scroggs  thus  sums  up  the  final  results.     "As  it  was,  his 


154  Notes  and  News 


enterprise,  by   reason  of  his  failure,  was  productive  of  evil  conse- 

?uences  to  all  concerned.  It  was  injurious  to  private  capital  in  the 
Fnited  States;  it  caused  enormous  destruction  of  life  and  property 
in  Nicaragua;  it  created  a  suspicion  in  Central  America  against  the 
American  people  which  still  persists;  it  had  an  untoward  effect  upon 
the  relations  of  Great  Britain  and  the  United  States;  and  lastly,  and  i 

apparently    most    important   of   all,    it   destroyed   interoceanic   com- 
munication  by   way   of  the   San   Juan   River   and  thus  delayed   in- 
definitely   that    'regeneration*    of    Nicaragua    which    he    always    de-  \ 
clared  to  be  his  heart's  desire." 


H^^-w   v    nnmfn»Tn     " 


ILLINOIS  HISTORICAL  "COLLECTIONS. 

The  eleventh  volume  of  the  Illinois  Historical  Collections — num- 
bered the  second  of  the  "British  Series" — is  entitled  "The  New 
Regime"  and  covers  the  years  1765-1767.  Like  its  predecessor,  this 
volume  appears  under  the  joint  editorship  of  Professors  C.  W. 
Alvord  and  C.  E.  Carter.  The  materials  included,  which  illustrate 
the  development  of  British  control,  the  Indian  problem,  plans  for 
new  settlements,  and  trade  and  commerce,  are  rich  in  importance 
for  the  whole  Mississippi  Valley,  and  particularly  for  the  Ohio  Val- 
ley. The  series  as  it  progresses  becomes  more  and  more  interesting 
to  the  students  of  the  history  of  Kentucky  and  Tennessee. 


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TENNESSEE 


HISTORICAL  MAGAZINE 


Vol.  2.  SEPTEMBER,  1916.  No.  3, 


RICHARD  HENDERSON:  THE  AUTHORSHIP  OF 

THE  CUMBERLAND  COMPACT  AND  THE 

FOUNDING  OF  NASHVILLE.* 


I. 

In  the  middle  years  of  the  eighteenth  century  the  first  con- 
structive movement  in  the  Southern  Appalachian  region,  look- 
ing toward  extensive  colonization  beyond  the  mountains,  was 

initiated  by  great  land  companies  having  their  headquarters 
in  North  Carolina  and  Virginia.  In  1750  that  same  Dr. 
Thomas  Walker  who  had  won  repute  as  an  explorer  upon  a 
former  journey  when  he  gave  the  name  of  Cumberland  to 
mountain,  gap  and  river,  was  despatched  upon  a  tour  of  ex- 
ploration to  the  westward  in  behalf  of  the  Loyal  Land  Com- 
pany of  Virginia;  and  in  1751,  Christopher  Gist,  whose  name 
is  associated  in  our  memory  with  that  of  George  Washington, 
was  summoned  from  his  remote  home  on  the  Yadkin,  neqr 
the  dwelling  place  of  Daniel  Boone,  to  spy  out  the  western 
lands  beyond  the  mountains  in  the  interest  of  the  Ohio  Land 
Company.1 

Although  no  historian  adverts  to  the  subject,  there  can  be 
little  doubt  that  Daniel  Boone  was  given  the  initial  spur  to  his 
distant  wanderings  through  the  stories  of  the  fertile  lands 
upon  the  western  waters  brought  back  by  his  neighbor,  Christo- 
pher Gist,  who  lived  above  him  upon  the  Yadkin.  As  early  as 
1760,  and  no  doubt  much  earlier,  Daniel  Boone,  gun  in  hand, 
was  scouring  the  wilderness  of  Tennessee,  and  penetrating  as 
far  to  the  westward  as  the  Long  Island  of  the  Holston  River. 
At  Salisbury,  the  county  seat  of  Rowan,  he  became  known 
to  the  young  attorney,  Richard  Henderson,  who  often  prac- 

*An  address  delivered  in  Watkins  Hall,  Nashville,  Thursday,  April 
27,  before  the  Joint  Meeting  of  the  Mississippi  Valley  Historical  Asso- 
ciation with  the  Tennessee  Historical  Society. 

\T.  S.  Johnston,  "Early  Explorations  of  Kentucky,"  Filson  Club 
Publications,  No.  13,  1898. 


l.">6  Archibald  Henderson 


ticed  in  the  court  where  Daniel  Boone's  father,  Squire  Boone, 
presided  as  one  of  the  "worshipful  justices."  To  Henderson, 
richly  endowed  with  imaginative  vision,  Daniel  Boone,  the 
scout  and  hunter,  narrated  bizarre  and  romantic  tales  of  the 
rich   lands,  fertile  pastures  and   bound  less  hunting  grounds 


beyond  the  towering,  olive  mountains.  The  King's  Proclama- 
tion of  1703,  which  was  indubitably  made  to  allay  for  the  time 
being  the  alarm  of  the  Indians  along  the  border,  was  by  no 
means  designed  to  set  permanent  western  limits  to  the  colonies. 
This  proclamation  gave  Henderson  the  first  practical  sug 
gestion  to  utilize  the  knowledge  and  the  genius  of  Boone  in 
exploration  in  behalf  of  capital  and  enterprise.  Realizing 
that  the  western  lands  must  eventually  be  thrown  open  to 
colonization,  Richard  Hendeison,  soon  after  the  issuance  of 
the  Royal  Proclamation,  organized  a  land  company  for  the 
primary  purpose  of  engaging  an  expert  scout  and  surveyor  to 
spy  out  the  western  lands  and  with  the  ultimate  object  in 
view  of  effecting  a  purchase  from  the  Indians.  The  original 
company  which  consisted  of  three  partners,  Richard  Hender- 
son, Thomas  Hart,  and  John  Williams,  was  given  the  name 
of  "Richard  Henderson  and  Company."  Boone  was  engaged 
for  the  undertaking,  not  only  because  of  his  natural  genius 
as  an  explorer,  but  also  on  account  of  his  innate  taciturnity 
and  his  faculty  of  keeping  his  own  counsel.  Henderson  was 
wise  enough  to  give  Boone  discretionary  powers  in  regard  to 
prosecuting  his  inquiries;  and  in  one  noteworthy  instance,  the 
circumspect  Boone  deemed  it  the  part  of  wisdom  to  com- 
municate the  purposes  of  his  mission  to  some  hunters,  to  en- 
able him  to  secure  the  results  of  their  information  in  regard 
to  the  best  lands  they  had  encountered  in  the  course  of  their 
hunting  expeditions.  In  the  autumn  of  1764,  during  the  jour- 
ney of  the  Blevins  party  of  hunters  to  their  hunting  ground 
on  the  Rock  Castle  River,  near  the  Crab  Orchard  in  Kentucky, 
Daniel  Boone  came  among  the  hunters,  at  one  of  their  Ten- 
nessee station  camps,  in  order,  as  expressed  in  the  quaint 
phraseology  of  the  day,  "to  be  informed  of  the  geography  and 
tocography  of  these  woods,  saying  that  he  was  employed  to 
explore  them  by  Richard  Henderson  and  Company."2  It  was 
upon    ili is  journey  that   Samuel  Callaway,  his  kinsman,  ac-  { 

companied  Daniel  Boone,  who,  as  Ramsey  says,  "though  he 

'John  Haywood's  Civil  and  Political  History  of  Tennessee,  edn. 
1823,  p.  35.  Judge  Haywood  was  intimate  from  boyhood  with  the 
Henderson  family,  and  was  the  schoolmate  of  Archibald  Henderson, 
son  of  Richard,  at  Springer  College  in  Granville  County,  the  seat 
of  the  Henderson  family.  Judge  Haywood's  successor  to  the  post 
of  reading  clerk  to  the  North  Carolina  House  of  Commons,  in  1789, 
was  his  friend,  Major  Pleasant  Henderson,  Richard's  brother,  and 


Richard  Henderson  15* 


had  previously  hunted  on  the  western  waters,  came  again  this 
year  (1764)  to  explore  the  country,  being  employed  for  the 
purpose  by  Henderson  and  Company."3 


Among  the  hunters  who  kept  penetrating  ever  further  to 
the  westward,  during  each  succeeding  year  beginning  with 
1760,  was  a  trained  woodsman  and  expert  scout,  Henry  Scaggs, 
whom  Boone  encountered  upon  more  than  one  occasion  in  his 
western  wanderings.  It  was  doubtless  upon  the  recommenda- 
tion of  Boone,  who  recognized  his  great  skill  as  hunter  and 
scout,  that  Henry  Scaggs  was  engaged  as  prospector  by  the 
land  company  known  as  Richard  Henderson  and  Company. 
As  early  as  1763,  Scaggs  (sometimes  incorrectly  spelled  Suggs 
or  Scragging)  had  already  passed  through  Cumberland  gap, 
and  hunted  for  the  season  on  the  Cumberland;  and  in  1765, 
as  the  agent  of  Richard  Henderson  and  Company,  he  made 
an  extended  exploration  of  the  lower  Cumberland,  fixing  his 
station  at  what  was  afterwards  known  as  Mansker's  Lick, 
from  its  supposed  discovery  by  Caspar  Mansker  in  1771/ 
Aware  of  the  inadequacy  of  his  knowledge  of  the  western  coun- 
try derived  from  the  fragmentary  reports  brought  back  by 
Boone  and  Scaggs,  Judge  Henderson  for  a  time  took  no  step 
toward  western  colonization ;  but  when  the  news  of  the  Treaty 
of  Fort  Stanwix  reached  North  Carolina  in  December,  1768,  he 
realized  that  the  western  lands,  though  osetnsibly  thrown  open 
for  settlement  under  the  aegis  of  Virginia  on  pretext  of  the 
purchase  of  the  shadowy  claim  of  the  Six  Nations  to  the  Ken- 
tucky region,  could  only  be  legally  obtained  by  extinguishing 
the  Cherokee  title.  The  arrival  of  John  Findlav,  the  Penn- 
sylvania  trader,  in  the  valley  of  the  Yadkin  late  in  1768  was 
singularly  opportune;  for  Boone  himself  had  never  penetrated 
further  westward  than  the  northeastern  fringe  of  Kentucky, 
whereas  Findlay  had  reached  Kentucky  as  early  as  1752,  and 
knew  the  route  thereto  through  Ouasioto  Gap  and  along  the 
course  of  the  Great  Warriors'  Path.  Seizing  the  golden  op- 
portunity thus  presented,  Judge  Henderson  secured  the  services 
of  Boone  and  five  others,  including  Findlay  as  guide,  to  make 
an  exhaustive  survey  and  examination  of  the  Trans-AUeghany 

pioneer  with  Boone  at  Boonesborough  and  with  Robertson  at  the 
French  Lick.  On  his  removal  to  Tennessee,  Judge  Haywood  formed 
the  acquaintance  of  many  of  the  pioneers,  from  whom  he  received 
innumerable  accounts  of  their  personal  experiences — notably  James 
Robertson,  John  Sevier,  and  Timothe  de  Monbreun. 


:; 


Ramsey's  Annals  of  Tennessee,  Phila.,  1853,  p.  69. 


4Haywood's  Civil  and  Political  History  of  Tennessee,  ed.  1823, 
p.  35;  Ramsay's  Annals  of  Tennessee,  Phila.,  1853,  pp.  69-70;  Al- 
bright's Early  History  of  Middle  Tennessee,  Nashville,  1909,  pp.  23, 
29-30. 


158  Archibald  Henderson 


region  of  Kentucky  and  Tennessee  on  behalf  of  the  land  com- 
pany. Following  a  two  years'  sojourn  in  this  region,  in  which 
lie  ranged  far  and  wide  through  Kentucky  and  as  far  down  as 
the  valleys  of  the  Green  and  Cumberland  rivers,  hunting  in 


Ma 


North 


explorations  and  of  the  nature  of  the  country. 


II. 


area  from  the  Cherokee 


Kentucky 


If  Daniel  Boone  was  the  first  great  instrument  in  further- 
ing the  speculative  designs  of  the  land  company,  James  Rob- 
ertson was  assuredly  the  second,  though  no  whit  less  impor- 
tant than  Boone.  In  1772  the  Watauga  settlers  secured  from 
the  Cherokee  Indians,  for  a  valuable  consideration,  a  ten  years' 
lease  of  the  lands  upon  which  they  were  settled;  and  Boone, 
who  had  established  friendly  relations  with  Robertson  in  1771, 
communicated  to  Henderson  the  details  of  the  leases  and  pur- 
chases from  the  Cherokees  of  the  rich  valley  lands  made  by 
Robertson,  Brown  and  Sevier.  After  consultation  with  the 
Indians,  Robertson  informed  Boone,  Henderson's  confidential 
agent,  that  he  believed,  if  the  inducement  were  large  enough, 
the  Indians  were  ready  to  sell.  Following  the  disastrous  fail- 
ure of  his  own  unauthorized  and  individual  effort  in  1773  to 
effect  western  colonization  without  even  attempting  to  secure 
by  purchase  the  Indian  title,  Boone  in  1774  advised  Hender- 
son and  his  associates  to  attempt  the  purchase  immediately, 
since  the  Cherokee,  as  reported  by  Robertson,  were  at  last 
disposed  to  sell  their  claim  to  the  Kentucky  area.6  Acting 
upon  legal  advice  solicited  and  received  from  the  highest 
judicial  authorities  in  England — an  obscure  subject  of  great 
importance  into  which  I  cannot  enter  at  this  time — Judge 
Henderson,  accompanied  by  Colonel  Nathaniel  Hart,  person- 
ally visited  the  Cherokee  chieftains  in  their  principal  village 
and  secured  from  them  their  consent  to  sell  their  title.  Re- 
organizing the  land  company,  originally  known  as  Henderson 
and  Company,  first  into  the  Louisa  and  then  into  the  Transyl- 
vania Company,  Judge  Henderson,  with  the  aid  of  Boone 
and  Robertson,  and  some  of  his  own  associates,  carried  through 
the  Great  Treaty  at  Sycamore  Shoals  on  March  14-17,  1775, 
purchased  for  10,000  pounds  sterling  the  Cherokee  title  to 
the  Kentucky  and  Tennessee  areas,  and  commissioned  Daniel 

*The  Harbinger,  Chapel  Hill,  1834,  in  which  Major  Pleasant  Hen- 
derson,  Judge  Richard  Henderson's  brother,  and  Daniel  Boone's  friend 
and  fellow-pioneer,  relates  that  in  1774  Richard  Henderson  followed 


Richard  Henderson  159 


Boone  and  his  axemen  to  cut  out  the  passage  to  the  heart  of 


Wilderness 


III. 


Not  the  least  erroneous  statement  in  Mr.  Roosevelt's  Win- 
ning of  the  West  is  his  singular  assertion — which  his  own  book 
in  part  denies — that  after  the  confiscation  of  the  Transylvania 
purchase  by  the  Virginia  legislature  in  1778,  Judge  Richard 
Henderson  "drifts  out  of  history."  Surely  there  is  excuse  for 
such  a  statement  in  view  of  the  strange,  yet  not  wholly  in- 
explicable, fact  that  the  Tennessee  historians,  Haywood  and 
Ramsey,  upon  whom  Mr.  Roosevelt  so  strongly  relied,  com- 
pletely ignore  the  very  man  who  was  the  directing  and  con- 
trolling spirit  in  the  exploration,  colonization  and  government 
of  the  wilderness  empire  of  the  Cumberland.  Writing  Ten- 
nessee history  from  the  local  point  of  view,  magnifying  the 
dangers  and  the  hardships  of  the  hunter  and  the  borderer  al- 
most exclusively,  these  historians  committed  the  grave  error 
of  neglecting  to  place  themselves  at  the  source  and  of  failing 
to  study  the  colonization  of  Tennessee  in  the  light  of  economic 
control.  Having  recently  described  the  true  role  of  Daniel 
Boone  as  the  agent  of  commercial  enterprise,6  I  purpose  now 
to  narrate,  in  the  light  of  a  wealth  of  documentary  material 
in  my  possession  and  inaccessible  to  Mr.  Roosevelt  and  the 
Tennessee  historians,  the  true  story  of  the  Transylvania  Com- 
pany in  its  relation  to  Tennessee  and  of  the  guiding  and  con- 
structive role  of  its  president  in  the  founding  of  the  great  and 
flourishing  city  in  which  I  now  stand. 

IV. 

Following  the  stern  fight  for  the  rights  of  the  Transyl- 
vania Company  which  Henderson  and  Burke  made  in  the 
Virginia  Legislature  at  Williamsburg  in  the  late  autumn  of 
1776 — a  hopeless  battle  in  which  they  were  worsted  through 
the  all-powerful  influence  of  two  great  men,  Patrick  Henry 
and  George  Rogers  Clark — Judge  Henderson  appeared  before 
the  Commissioners  of  the  States  of  North  Carolina  and  Vir- 
ginia at  the  Treaty  of  the  Long  Island  of  the  Holston  on 
July  18,  1777,  and  presented  an  elaborate  memorial  in  behalf 


6Cf.  the  following  papers  by  me,  dealing1  in  some  detail  with  this 
phase  of  the  subject:  "The  Beginnings  of  American  Expansion," 
North  Carolina  Review,  September  and  October,  1910;  "Richard  Hen- 
derson: his  Life  and  Times,"  Charlotte  Observer  (thirteen  instal- 
ments), March  9-June  1,  1913;  "The  Creative  Forces  in  Westward 
Expansion,"  American  Historical  Review,  October,  1914;  "Richard 
Henderson  and  the  Occupation  of  Kentucky,  1775,"  Mississippi  Val- 
ley Historical  Review,  December,  1914. 


160  Archibald  Henderson 


of  the  alleged  rights  of  the  Transylvania  Company.7  Lacking 
the  authority  from  their  respective  governments  to  inquire 
into  the  validity  of  private  purchases  from  the  Cherokee  and 
fearing  to  jeopardize  the  delicate  business  for  which  they 
were  assembled,  the  Commissioners  unanimously  voted  to 
ignore  the  memorial  of  the  Transylvania  Company.  In  No- 
vember of  the  next  year,  the  Virginia  House  of  Delegates 
declared  the  Transylvania  purchase  void;  but  in  consideration 
of  the  very  great  expense  incurred  by  Richard  Henderson  and 
Company  in  purchasing  the  said  lands,  "by  which  the  Com- 
monwealth is  likely  to  receive  great  advantage,  by  increasing 
its  inhabitants  and  establishing  a  barrier  against  the  Indians," 
the  General  Assembly  granted  to  Richard  Henderson  and 
Company  two  hundred  thousand  acres  of  land  situated  be- 
tween the  Ohio  and  Green  Rivers,  where  the  town  of  Hender- 
son, Kentucky,  now  stands.8 

With  this  bursting  of  the  Transylvania  bubble  and  the 
vanishing  of  the  golden  dreams  of  Henderson  and  his  asso- 
ciates  for   establishing  the   fourteenth   American   Colony   in 

the  heart  of  the  Trans-Alleghany  region,  all  might  well  have 
seemed  lost.  But  is  Richard  Henderson  disheartened  by  this 
failure  of  his  imperialistic  dreams?  Does  he,  as  Mr.  Roosevelt 
crassly  affirms,  "drift  out  of  history?"  No;  the  purest  and 
greatest  achievement  of  his  meteoric  career  still  lies  before 
him.  The  genius  of  the  colonizer  and  the  ambition  of  the 
speculator,  in  striking  conjunction,  inspire  him  to  attempt 
to  repeat  on  North  Carolina  soil,  along  solidly  practical  lines, 
the  revolutionary  experiment  which  the  extension  of  the  sov- 
ereignty of  the  Old  Dominion  over  the  Kentucky  area  had 
doomed  to  inevitable  failure.  It  was  no  longer  his  purpose, 
however,  to  attempt  to  found  an  independent  colony,  separate 
from  North  Carolina  and  hostile  to  the  American  government, 
as  in  the  case  of  Transylvania,  which  had  been  hostile  to  the 
royal  government  and  founded  in  defiance  thereof.  Millions  of 
acres  within  the  chartered  limits  of  North  Carolina  had  been 
purchased  by  him  and  his  associates  from  the  Cherokee  on 
March  17, 1775.  One  of  the  courses  of  the  Great  Grant,  as  it  was 
called,  read:  "down  the  sd.  (Cumberland)  River,  including 
all  its  waters  to  the  Ohio  River;**  and  James  Robertson  in 
his  deposition  before  the  Virginia  Commissioners,  April  16, 
1777,  describing  the  Sycamore  Shoals  Treaty,  categorically 
stated:    "The  Indians  then  agreed  to  sell  the  land  as  far  as 

'Haywood's  Civil  and  Political  History  of  Tennessee,  edn.   1823, 
Appendix,  pp.  500-3. 

^Journal,  Virginia  House  of  Delegates,  November  4  and  17,  1778. 

Cf.  also  Hening's  Statutes  at  Large,  X,  571. 
•Draper  Mss.,  2CC42. 


Richard  Henderson  161 


Cumberland  River  and  said  Henderson  insisted  to  have  Cum- 
berland River  and  the  waters  of  Cumberland  River,  which 
the  Indians  agreed  to."10  To  establish  the  fact  that  this  vast 
territory  lay  within  the  bounds  of  North  Carolina  and  not  of 
Virginia  was  the  first  and  most  vital  consideration  of  the 
Transylvania  Company;  for  while  Virginia  had  declared  the 
title  of  the  Transylvania  Company  void,  North  Carolina, 
under  American  rule,  had  shown  no  disposition  to  nullify  the 
claims  of  Henderson  and  his  associates.  In  order  to  estab- 
lish the  fact  that  the  great  Cumberland  region  lay  within 
the  chartered  limits  of  North  Carolina,  it  was  necessary  to 
prolong  the  dividing  line  between  North  Carolina  and  Vir- 
ginia, which  had  never  been  extended  further  to  the  westward 
than  Steep  Rock  Creek.  Henderson's  unpublished  correspond- 
ence reveals  his  conviction  that  the  Cumberland  region  lay 
within  the  chartered  limits  of  North  Carolina;  but  James 
Robertson  was  under  the  impression  that  the  Cumberland 
region,  including  the  French  Lick,  would,  when  the  dividing 
lines  should  be  run,  fall  within  the  bounds  of  Virginia.11 

Judge  Henderson's  comprehensive  design  of  the  promotion 
of  an  extensive  colonization  of  the  Cumberland  region  now 
moves  rapidly  toward  completion.  It  is  simply  a  case  of 
history  repeating  itself.  Just  as  Henderson,  in  his  Boones- 
borough  project,  had  chosen  Daniel  Boone,  the  ablest  of  the 
North  Carolina  pioneers,  and  his  companions,  to  spy  out  the 
land  and  select  sites  for  permanent  future  settlement,  so  now 
he  chooses  as  the  leader  of  the  new  colonizing  party  the  ablest 
pioneer  of  the  Watauga  settlement,  James  Robertson.  Large 
inducements  to  assemble  and  lead  this  party  were  indubitably 
offered  by  the  Transylvania  Company  to  James  Robertson. 
Nothing  less  than  such  inducements  would  have  influenced 
Robertson  to  abandon  the  comparatively  peaceful  Watauga 
settlements,  where  he  was  the  acknowledged  leader  and  the 
Indian  agent  in  the  employ  of  the  State  of  North  Carolina, 
and  to  venture  his  life  in  this  desperate  hazard  of  new  for- 
tunes. 

With  that  untiring  energy  and  sure  efficiency  so  charac- 
teristic of  the  man,  James  Robertson  now  proceeds  actively 
to  recruit  a  party  for  the  preliminary  exploration,  and  to 
make  all  the  needed  arrangements  for  subsequent  coloniza- 
tion on  an  extended  scale.  "The  extensive  purchase  made 
by  the  Henderson  Associates,"  says  Putnam,  the  picturesque 
historian  of  Middle  Tennessee,  "and  the  further  reports  made 
by  hunters  and  agents  of  the  large  land  company  as  to  the 


10 


11 


Draper  Mss.,  ICC  160-194. 
Putnam's  Middle  Tennessee,  p.  67. 


162  Archibald  Henderson 


in. 


country  beyond  the  mountains,  and  the  very  favorable  ter 
upon  which  large  tracts — a  thousand  acres — would  probably 
be  granted,  were  attracting  unusual  attention.  The  Hender- 
sons, Hart,  and  other  members  of  the  company  were  now 
causing  it  to  be  extensively  known  that  they  were  making 
preparations  to  emigrate,  and  take  possession  of  the  country. 
A  considerable  number  of  families  agreed  to  move  out  in  the 
fall.  Some  were  to  go  by  land  with  cattle,  and  what  could 
thus  be  packed,  others  to  descend  the  Tennessee  to  the  Muscle 
Shoals,  and  being  there  met  by  their  immediate  friends,  travel 
across  to  the  Cumberland  and  into  Kentucky;  or  if  it  should 
be  deemed  easiest  and  best,  this  party,  with  women  and  chil- 
dren, should  continue  all  the  distance  by  water.m2  In  his 
letter  to  Gov.  Richard  Caswell,  of  North  Carolina,  written 
from  Washington  County  on  January  14,  1779,  in  regard  to 
a  proposed  military  expedition  to  be  made  by  North  Carolina 
against  the  Cherokees,  James  Robertson  writes:  "I  am  well 
informed  that  the  first  day  of  March  near  200  men  and  many 
families  amongst  them,  are  to  meet  at  the  Long  Island  of 
Holston  in  order  to  go  down  the  river,  with  a  design  to  settle 
Cumberland  river,  a  fork  of  the  Ohio,  which  might  be  a  con- 
venient time  for  the  Expedition;  and  posably  {sic)  under  the 
cover  of  Women  and  Children  they  might  pass  unmolested ;  and 
I  have  told  the  Indians  that  people  are  going  to  settle  that 
country  the  coming  spring."13  Preparatory  to  this  emigra- 
tion, as  pointed  out  by  Putnam,  "it  was  agreed  that  a  number 
of  men  should  go  in  the  spring  of  the  year  and  plant  some 
corn  upon  the  Cumberland,  that  bread  might  be  prepared  for 
the  main  body  of  emigrants  upon  their  arrival  in  the  fall. 
Robertson  selected  his  men,  or  found  suitable  volunteers  to 
go  with  them,  experienced  woodsmen  and  able-bodied  men."14 
On  February  6,  1779,  as  stated  by  Moses  Fisk  in  his  historical 
sketch  of  Tennessee,  James  Robertson  as  leader,  accompanied 
by  George  Freeland,  William  Neely,  Edward  Swanson,  James 
Manly,  Mark  Robertson,  Zachariah  Wells,  and  William  Over- 
hall,  and  one  negro  man,  "set  out  on  this  adventure  to  exam- 
ine the  purchase  made  by  Richard  Henderson  and  Company, 
at  the  treaty  of  1775."15 

"History  of  Middle  Tennessee,  Nashville,  1869,  p.  61. 

W.  C.  State  Records,  xiv,  247. 

Putnam,  1.  c,  63. 

The  words  quoted  are  from  Putnam,  I.  c,  p.  64.  In  Fisk's  sketch, 
entitled,  "A  Summary  Notice  of  the  First  Settlements  Made  by  White 
People  within  the  Limits  Which  Bound  the  State  of  Tennessee/1  and 
published  in  the  Massachusetts  Historical  Collections,  Vol.  7,  under 
date  July  1,  1816,  it  is  stated  that  Robertson,  accompanied  by  "ten 
men,  including  a  negro,  started  for  the  Holston  settlement  to  ex- 
plore and  take  possession  of  the  country  on  the  Cumberland. 


IS 
14 

15 


n 


-  1  " 


Richard  Henderson  163 


V. 

The  immediately  following  phases  iu  the  story  of  the 
Cumberland  settlement  are  familiar  enough  to  all  who  are 
acquainted  with  early  Tennessee  history.  Yet  certain  docu- 
ments which  have  recently  come  to  my  attention  in  archives  in 
England,  North  Carolina  and  Virginia,  give  additional  inter- 
est and  piquancy  to  the  situation.  The  significant  facts  are 
as  follows:  The  Long  Hunter,  Gaspar  Mansker,  of  German 
extraction,  in  1771  "discovered"  the  famous  lick  which  bears 
his  name;  and  influenced  by  Tom  and  Sam  Bryan,  with  whom 
he  re-visited  the  Cumberland  country  in  1775,  he  claimed  this 
land  by  right  of  settlement  under  the  State  of  Virginia.16 
Furthermore,  Col.  Arthur  Campbell,  the  Virginia  borderer, 
had  visited  the  Cumberland  country  in  the  early  seventies 
a  fact  unknown  to  the  Tennessee  historians — and  had  regis- 
tered, under  Col.  Wm.  Preston,  surveyor  of  Fincastle  Co.,  Va., 
his  claim  to  "1,000  Acres  at  a  place  called  Gaspar's  Lick,  be- 
ing on  a  creek  that  empties  into  Cumberland  below  the  Bar- 
rens." Col.  Campbell  also  located  1,000  acres  of  land  for 
Col.  Wm.  Byrd,  the  third,  who  devised  it  to  his  son  Charles  in 
his  will  as  follows:  "I  give  my  son  Charles,  who  never  of- 
fended me,  a  thousand  acres  of  land  in  the  County  of  Fin- 
castle, known  by  the  name  of  the  Salt  Springs,  and  which  was 
surveyed  for  me  by  Mr.  Arthur  Campbell,  being  part  of  the 
land  I  claim  under  his  Majesty's  Proclamation  of  1763."17 
Most  important  of  all,  George  Rogers  Clark,  the  Virginian, 
had  purchased  three  thousand  acres  of  land  at  the  French 
Lick  in  the  year  1776;  and  referring  to  this  purchase  in  a 
letter  to  Patrick  Henry  from  Fort  Patrick  Henry,  in  the 
Illinois  Country,  March  9,  1779,  he  says:  "I  thank  you  for 
your  remembrance  of  my  situation  respecting  lands  in  the 
Frontiers.    I  learn  that  Government  has  reserved  on  the  lands 

^Unpublished  letter  from  Col.  Arthur  Campbell  to  Gov.  Richard 
Caswell  of  North  Carolina.  In  this  letter,  dated  Richmond,  November 
8,  1782,  in  speaking  of  his  preemption  of  1,000  acres  "on  the  waters 
of  Cumberland  River,"  Campbell  remarks:  "There  is  a  man  in  that 
country  by  the  name  of  Mansker  who  now  claims  the  land  by  right 
of  settlement,  but  my  location  was  made  several  years  before  he 
moved  to  that  country,  and  I  believe  he  would  never  have  troubled 
me  by  interfering  with  my  claim  had  he  not  been  instigated  by  Tom 
and  Sam  Bryan,  with  whom  he  was  intimate — ."  Cf.  Albright's  Early 
History  of  Middle  Tennessee,  28-30. 

17Cf.  Arthur  Campbell  to  Richard  Caswell,  Governor  of  N.  C, 
November  8,  1782,  Archives  N.  C.  Historical  Commission.  For  will 
of  Col.  Wm.  Byrd,  3d,  which  was  dated  July  6,  1774,  and  proved 
February  5,  1777,  cf.  Virginia  Magazine  of  History  and  Biography, 
Vol.  IX,  pp.  80  et  seq.  After  the  Cumberland  region  was  found  to 
lie  within  the  bounds  of  North  Carolina,  letters  and  memorials  from 
Arthur  Campbell  and  the  widow  of  Col.  Wm.  Byrd  were  presented 


1(>4  Archibald  Henderson 


on  the  Cumberland  for  the  Soldiers.  If  I  should  be  deprived 
of  a  certain  tract  of  land  on  that  River  which  I  purchased 
three  years  ago,  and  have  been  at  a  considerable  expense  to 
improve,  I  shall  in  a  manner  lose  my  all.  It  is  known  by  the 
name  of  the  great  french  Lick  on  the  South  or  West  side 
containing  three  thousand  Acres.  If  you  can  do  anything  for 
me  in  saving  it,  I  shall  for  ever  remember  it  with  gratitude."18 
From  these,  and  other  pre-emptions  doubtless  known  to 
him,  James  Robertson  suspected  that  the  French  Lick  lay 
within  the  bounds  of  Virginia.  In  particular,  the  fact  of 
Clark's  purchase  of  the  three  thousand  acres,  including  the 
French  Lick,  a  purchase  doubtless  effected  through  the  in- 
strumentality of  Col.  Arthur  Campbell,  was  well  known  at 
Watauga  and  along  the  border.  Although  the  inducements 
held  out  to  him  by  the  Transylvania  Company  were  greater 
than  those  held  out  by  the  State  of  North  Carolina,  Robert- 
son resolved  to  remain  on  the  safe  side  by  attempting  to 
secure  from  George  Rogers  Clark  as  owner,  holding  the  title 

in  1782  to  the  North  Carolina  legislature  for  validation  of  these  land 
titles.  Neither  application  was  successful.  Mrs.  Byrd's  memorial 
was  not  brought  up  for  final  action  in  the  North  Carolina  Legislature 
until  four  years  later;  there  was  some  delay  caused  by  the  failure  to 
attach  a  copy  of  Col.  Byrd's  will  to  Mrs.  Byrd's  memorial.  In  their 
report,  dated  December  31,  1786,  in  reply  to  the  petition  of  Rev. 
Robert  Andrews,  to  whose  charge  Mrs.  Byrd's  interests  were  com- 
mitted, the  committee,  consisting  of  General  Rutherford,  General 
Gregory,  Mr.  Relfs  and  Mr.  Lewis,  state  in  specific  terms: 

"That  it  appears  to  your  committee  by  the  papers  and  documents 
before  them  that  the  late  Honorable  William  Byrd  was  entitled  for 
his  military  services  to  five  thousand  acres  of  land  under  the  Procla- 
mation of  his  Britannic  Majesty  in  Council  of  1763.  That  in  conse- 
quence one  thousand  acres  thereof  are  located,  as  appears  by 
Certificate  of  the  late  Colo.  William  Preston,  Surveyor  of  Fincastle 
County  in  Virginia,  at  the  great  Salt  Lick  on  Cumberland  River 
now  called  Nashville. 

"Your  Committee  considering  the  nature  and  extent  of  the  sd. 
proclamation,  and  it  being  fully  ascertained  to  them  by  the  exten- 
sion of  the  boundary  line  between  this  and  the  State  of  Virginia,  that 
the  aforesaid  entry  was  made  on  lands  within  the  proprietary  part 
of  the  Carolina's  (sic)  and  consequently  not  within  the  gift  of  the 
Crown,  are  of  opinion  that  the  claim  of  the  late  Honorable  William 
Byrd  to  the  said  lands  is  inadmissible."  Archives  of  the  N.  C.  His- 
torical Commission.    Cf.  State  Records  of  N.  C,  xviii,  33,  190. 

UB.  M.,  Add.  Mss.,  21,  782,  f.  199.  This  letter  is  printed  in  "George 
Rogers  Clark  Papers,  1771-1781,"  Vol.  viii,  Illinois  Historical  Collec- 
tions, Vol.  Ill,  Virginia  Series,  edited  by  J.  A.  James,  1912,  pp.  304-5. 
In  a  letter  to  William  Mayo,  Virginia,  1.  c,  pp.  380-1,  copied  from 
Draper  Mss.,  50J1,  George  Rogers  Clark,  writing  from  Louisville, 
Kentucky,  January  8,  1780,  says:  ".  .  .  but  in  order  to  have  done 
with  it  I  have  purchased  that  quantity  (10,000  acres)  of  Improvement 
on  Cumberland  and  Inclose  a  memorandum  (sic)  the  Best  Land  in 
that  Countrey  as  they  war  first  Chose/1 


Richard  Henderson  165 


under  the  Virginia  claim,  "cabin  rights"  to  the  pre-emptions 
on  the  Cumberland  at  the  French  Lick.19  Certain  it  is  that, 
shortly  after  planting  corn  on  the  present  site  of  Nashville, 
and  taking  other  necessary  steps  attendant  upon  the  estab- 
lishment of  an  infant  settlement,  Robertson  made  a  long  trip 
through  the  wilderness  to  Post  St.  Vincent,  visited  General 
Clark  at  Fort  Patrick  Henry,  and  "had  an  understanding 
with  him,  to  be  carried  into  execution  upon  subsequent  ap- 
plication."20 The  nature  of  this  understanding  is  easily  sur- 
mised, namely  that  the  settlers  on  Clark's  lands  on  the  Cum- 
berland would,  at  some  future  time,  pay  him  the  purchase 
money  for  the  "cabin  rights"  to  their  pre-emptions,  should  the 
French  Lick,  on  the  extension  of  the  North-Carolina- Virginia 
line  prove  to  fall  within  the  chartered  boundaries  of  Virginia, 


VI. 

As  early  as  1777,  following  the  Treaty  at  the  Long  Island 
of  Holston  in  July  of  that  year,  it  became  manifest  to  the 
commissioners  of  the  State  of  North  Carolina  and  Virginia 
that,  owing  to  the  progress  of  emigration  westward  and  the 
growing  aggravation  of  uncertainties  as  to  land  titles,  it 
would  be  eminently  desirable  to  extend  still  further  westward 
the  boundary  line  between  North  Carolina  and  Virginia.  In 
the  latter  part  of  1778,  acts  providing  for  the  extension  and 
marking  of  the  boundary  line  were  passed  by  both  North 
Carolina  and  Virginia;  and  among  the  Commissioners  ap- 
pointed from  North  Carolina  were  Judge  Richard  Henderson, 
Col.  John  Williams,  and  Capt.  William  Bailey  Smith,  all  of 
whom  had  played  active  parts  in  the  founding  of  the  Colony 
of  Transylvania.  The  Commissioners  from  each  State  agreed 
to  meet  in  the  latter  part  of  the  summer  of  1779  at  the  western 
end  of  the  line  formerly  run,  and  thence  to  prolong  the  line 
westward.  Meantime  the  colonization  of  the  Cumberland,  in- 
stigated by  Judge  Henderson  as  President  of  the  Transylvania 
Company,  and  to  be  engineered  by  James  Robertson,  had  been 
delayed;  and  the  party  of  settlers  had  failed  to  start  from  the 
Long  Island  on  March  1st  as  prophesied  by  Robertson.  Col. 
Nathaniel  Hart,  one  of  the  proprietors  of  the  Transylvania 
Company,   living  at  Boonesborough,   Kentucky,   actively  fos- 

""Robertson  had  agreed  to  go  to  the  Illinois  and  purchase  'cabin 
rights'  of  General  George  Rogers  Clark,  from  whom  some  of  the 
emigrants  recently  from  Virginia  gave  assurance  that  such  land- 
claims  could  be  procured  for  very  small  sums."  Putnam's  History  of 
Middle  Tennessee,  pp.  64-5,  67.  The  present  research  thus  first  ac- 
curately accounts  for  Robertson's  long  and  arduous  journey  to  the 
Illinois  country. 

^Putnam,  I.  c,  p.  65. 


166  Archibald  Hvndernon 


V 


tered  the  plans  for  the  expedition  by  water  of  Col.  John  Don- 
elson,  and  supplied  him  with  some  corn  for  the  journey.  "In 
connexion  with  the  early  history  of  Kentucky,"  records  his 
son,  Col.  Nathaniel  Hart,  Jr.,  "it  may  not  be  amiss  to  state 
that  Cumberland  (now  Middle  Tennessee)  was  also  mainly 
settled  under  the  auspices  of  Henderson  and  Co."21  Judge 
Henderson  left  his  home  in  Granville  County,  North  Carolina, 
on  August  18,  1779,  and  together  with  John  Williams  and 
William  Bailey  Smith,  joined  the  Virginia  Commissioners  at 
a  waste  cabin  on  Steep  Hock  Creek  on  September  l.22 

In  the  course  of  the  running  of  the  line,  so 
described  in  the  Journal  of  Daniel  Smith**  ther 
a  lack  of  agreement  between  the  commissioners  of  North  Car- 
olina and  those  of  Virginia  with  reference  to  the  observations 
upon  which  the  running  of  the  line  must  depend;  and  upon 
reaching  Cumberland  Mountain,  on  November  18,  the  Caro- 
lina Commissioners  abandoned  the  further  running  of  the  line. 
Judge  Henderson,  accompanied  by  his  brothers,  Pleasant, 
Nathaniel  and  Samuel,  and  a  few  others,  went  on  in  order  to 
observe  the  Virginia  Commissioners  continue  their  line  to  the 
Tennessee  River;  and  reached  Boonesborough  on  Christmas 
Day,  1779."  On  this  same  date,  the  swarm  of  colonists  from 
the  parent  hive  at  Watauga,  which  had  gone  overland  under 
Robertson's  guidance,  passed  their  first  day  at  the  French 


MN.  Hart,  Jr.,  to  Wilkins  Tannehill,  in  Louisville  News-Letter, 
May  23,  1840. 

"In  connection  with  the  running  of  the  dividing  line,  the  follow- 
ing passage  from  a  letter  of  Col.  Richard  Henderson's  now  in  my 
possession,  postmarked  Holston,  September  12,  1779,  is  of  more  than 

ordinary  interest: 

"The  Virginia  Commissioners,  to  wit  Doctor  Walker  and  Major 
Daniel  Smith  (of  Clinch)  who  from  some  inaccurate  observations 
before  we  came  had  given  out  in  speeches  that  the  Long  Island  would 

miles  in  Virga.  and  thereby  had  blown  up  the  inhabitants  with 
hopes  of  great  extension  of  territory,  are  brought  to  bed. — Indeed 
the  people  here  in  General  look  as  if  they  had  lately  miscarried,  and 
hourly  are  making  applications  for  Land  from  our  Company  &c. — 
Men  who,  two  years  ago,  were  clamorous  against  Richard  Henderson 
and  Company,  and  Damning  their  title,  are  now  with  pale  faces, 
haunting  our  Camp  and  begging  our  friendship  with  regard  to  their 

Land." 

Tennessee  Historical  Magazine.  March,  1915. 


•  :- 


*In  Fleming's  Journal  we  read,  under  date  of  December  25,  1779: 
"Sam.  Henderson  arrived  with  some  of  the  Commissioners  from 
Carolina  having  quitted  running  the  line  on  some  disagreement  with 
the  Virginia  Commisrs.  who  continued  to  go  on  with  the  line. — Dec. 
26.  Clear  and  moderate.  Mr.  Henderson  took  the  Lat.  and  made 
this  place  37°  48'."  In  Durrett  Collection,  University  of  Chicago 
Library. 


Richard  Henderson  167 


Lick,  and  011  January  1,  1780,  crossed  the  river  on  the  ice  to 
the  present  site  of  Nashville.25 

It  is  most  significant  that  the  document,  known  as  the 
Cumberland  Compact,  explicitly  testifies — although  the  fact 
has  been  ignored  by  historians — that  the  French  Lick  was 
founded  under  the  auspices  of  the  Transylvania  Company  and 
the  patronage  of  Judge  Henderson,  and  gives  the  date  of 
the  founding  as  January  1,  1780.  The  rate  of  valuation  at 
which  payment  for  the  Cumberland  lands  was  to  be  made,  in 
case  the  title  of  the  Transylvania  Company  should  be  con- 
firmed, was  fixed,  viz. :  "According  to  the  value  of  money  on 
the  first  day  of  January  last,  being  the  time  when  the  price 
was  made  public  (and)  settlement  encouraged  thereon  by  said 
Henderson."26 


VII. 

■ 

Meanwhile  the  fate  of  this  colony  which  he  had  promoted, 
and  upon  whose  efforts  the  subsequent  fate  of  the  Transylvania 
Company  depended,  was  weighing  heavily  upon  the  mind  of 
Judge  Henderson.  The  terrible  hardships  of  this  bitter  winter, 
ever  afterwards  known  as  the  "hard  winter,"  which  he  had 
endured  in  the  course  of  his  difficult  and  dangerous  journey 
to  Boonesborough,  brought  to  his  mind  the  thought  of  equal 
or  greater  hardships  which  Robertson  and  his  party  must 
likewise  have  borne  in  their  arduous  journey  overland  to  the 
French  Lick.  But  his  concern  was,  if  anything,  greater  for 
the  party  of  men,  with  many  women  and  children,  also  des- 
tined for  the  French  Lick,  who  under  the  leadership  of  Col. 
John  Donelson  had  set  sail  from  Fort  Patrick  Henry,  on 
Holston  River,  in  the  good  boat  Adventure  on  December  22, 
1779.  With  paternalistic  care  and  a  lively  sense  of  responsi- 
bility for  the  welfare  of  these  two  parties  which  he  had  him- 
self induced  to  make  the  great  venture,  Judge  Henderson  pro- 
ceeds to  purchase,  in  Kentucky,  at  huge  cost  a  large  stock  of 
corn  for  the  colony  at  French  Lick.  In  a  letter  of  John  Floyd's, 
dated  Harrodsburg,  20th  Feb.,  1780,  is  found  the  following 
statement:     "I  have  no  bread  yet,  but  expect  a  small  supply 


■-•*. 


Putnam's  History  of  Middle  Tennessee,  p.  66. 


*Cf.  the  facsimile  accompanying  this  article,  on  which  these  words 
appear.  Putnam  records:  "Col.  Henderson  was  a  sound  lawyer, 
a  man  of  thorough  education,  an  accomplished  gentleman,  an  honor- 
able and  patriotic  man,  and  sought  and  took  no  advantage  of  the 
confidence  placed  in  him.  Sales  were  made,  but  payment  conditioned 
on  a  confirmation.  Purchasers  here  were  never  urged  to  make  any 
payments  on  contracts  into  which  they  had  entered.  Old  settlers 
ever  entertained  for  Henderson  a  very  high  regard  as  a  gentleman 
and  patriot."    Middle  Tennessee,  88-9. 




1(J8  Archibald  Henderson 


from  my  friend  Col.  Henderson  at  Boonesborough,  who  has 
{greatly  befriended  me  by  sparing  that  which  he  may  want  him- 
self, and  only  waits  for  high  water  to  send  it  down  with  his  own 
on  the  way  to  the  mouth  of  Green  River,  where  he  is  about 
to  form  a  settlement."27  The  corn  for  the  Cumberland  settle- 
ment, hundreds  of  bushels,  purchased  by  Judge  Henderson  at 
Boonesborough,  was  on  March  5,  1780,  "sent  from  Boones- 
borough in  perogues  under  the  command  of  the  late  Major 
William  Bailey  Smith  of  Ohio  County,  Kentucky.  This  corn 
was  to  be  taken  down  the  Kentucky  River,  and  over  the  falls 
of  the  Ohio,  to  the  mouth  of  the  Cumberland,  and  thence  up 
that  river  to  the  fort  at  French  Lick.  It  is  believed  to  have 
been  the  only  bread  which  the  settlers  had  until  it  was  raised 
there  in  1781;  for  although  corn  was  planted  there  in  1780, 
yet  the  place  was  so  annoyed  by  the  Cherokees,  that  the  set- 
tlers were  not  permitted  to  cultivate  it."28  There  is  a  note  of 
deep  impressiveness  in  this  heroic  triumphing  over  the  obsta- 
cles of  obdurate  nature  and  this  thoughtful  provision  for  the 
exposed  Cumberland  settlement  projected  and  promoted  by 
the  Transylvania  Company — the  purchase  by  Judge  Hender- 
son and  the  shipment  by  Col.  Hart,  in  that  awful  winter  of 
bitter  cold  and  obstructed  navigation,  of  this  indispensable 
quantity  of  corn  valued  at  sixty  thousand  dollars  in  depre- 
ciated paper. 

While  Major  William  Bailey  Smith,  with  his  precious 
cargo  of  corn,  wras  making  the  long  journey  by  water  to  the 
French  Lick,  Judge  Henderson,  accompanied  by  his  brothers, 

'"Draper  Mss.  33  S  317.  "Green  river,"  which  flows  into  the  Mis- 
sissippi not  a  great  distance  from  the  mouth  of  the  Cumberland  river, 
is  an  obvious  error  in  the  above  statement.  It  should  read  "Cumber- 
land river."  The  settlement,  as  we  know,  was  not  to  be  made  at  the 
mouth  of  the  Cumberland. 

aThis  statement  is  made  by  Col.  Nathaniel  Hart,  Jr.,  son  of  Col. 
Nathaniel  Hart,  one  of  the  partners  of  the  Transylvania  Company. 
Col.  Hart  continues:  "This  corn  had  been  raised  by  my  father  at 
Boonesborough,  in  1779;  and  I  have  now  before  me  an  account  against 
Col.   Donaldson    (Donelson)    for  nine  bushels,  which  he   says  ought 

to  rate  high  at  the  French  Lick,  as  it  had  been  worth  $200  per  bushel 
at  Boonesborough."  Nathaniel  Hart,  Jr.,  to  Wilkins  Tannehill,  Spring 
Hill,  April  27,  1839,  in  Louisville  News-Letter,  May  23,  1840.  Clearly 
Donelson  derived  the  information  as  to  the  price  of  the  corn  from 
Col.  Richard  Henderson,  the  purchaser,  at  their  meeting  on  March  31. 
In  Butler's  History  of  Kentucky  (1834  ed.),  note,  p.  99,  the  follow- 
ing abstract  from  Col.  John  Floyd's  correspondence  states:  "The 
price  of  corn   fluctuated  from  fifty  dollars  per  bushel  in   December, 

1779,  to  one  hundred  and  sixty-five  dollars  per  bushel,  in  January, 

1780.  These  prices  were  at  a  period  of  obstructed  navigation,  and 

in  depreciated  paper;  but  its  value  in  jrold  and  silver  is  not  known."  I 

It  is  clear  that  by  February,   17K0,  the  price  had  risen  still  higher,  M  I 

to  the  almost  incredible  price  of  $200.00  per  bushel.  |  I 


Richard  Henderson  16!) 


Pleasant  and  Nathaniel,  and  by  Col.  Nathaniel  Hart,  started 
overland  to  join  Robertson  and  Donelson,  and  to  draw  up  a 
form  of  government  for  the  infant  settlement  on  the  Cumber- 
land.29 

The  most  memorable  entries  in  Donelson's  famous  journal 
are  the  references  to  Henderson  and  Robertson — projector  and 
leader,  respectively,  of  the  Cumberland  settlement.  Although 
James  Robertson  failed  to  meet  Donelson's  party  at  the  Muscle 
Shoals  or  to  leave  signs  there  for  their  guidance,  they  were 
met  further  up  the  river,  on  Friday,  March  31,  by  the  watch- 
ful and  anxious  Henderson.  The  entry  in  Donelson's  journal, 
demonstrating  the  wise  forethought  of  the  promoter  of  the 
settlement,  reads  as  follows:  "Set  out  this  day,  and  after 
running  some  distance,  met  with  Col.  Richard  Henderson, 
who  was  running  the  line  between  Virginia  and  North  Caro- 
lina. At  this  meeting  we  were  much  rejoiced.  He  gave  us 
every  information  we  wished,  and  further  informed  us  that 
he  had  purchased  a  quantity  of  corn  in  Kentucky,  to  be 
shipped  at  the  Falls  of  Ohio,  for  the  use  of  the  Cumberland 
settlement.  We  are  now  without  bread,  and  are  compelled  to 
hunt  the  buffalo  to  preserve  life."30 

Judge  Henderson,  his  two  brothers,  and  Col.  Hart  arrived 
at  Col.  Daniel  Smith's  camp,  at  Amos  Eaton's,  on  Friday, 

29This  party  must  have  started  about  the  middle  of  March;  for 
on  March  10  Judge  Henderson  was  still  at  Boonesborough.  In  a 
letter  describing  conditions  in  Kentucky,  written  from  Boonesborough, 
March  10,  1780,  one  reads:  "A  Boat  of  Colo.  Henderson's  is  setting 
off  tomorrow  or  next  day  for  the  falls  (Louisville)  by  which  we 
shall  send  an  address  to  Colo.  Clark  to  superintend  this  matter  and 
obtain  his  answer  as  soon  as  possible.  Mr.  Henderson's  boat  will 
be  at  Leestown  on  Tuesday  next  and  will  be  convenient  for  you  to 
send  by."  A.  L.  S.  in  Draper  Mss.,  50  J  18,  printed  in  George  Rogers 
Clark  Papers,  1771-1781,  pp.  396-8.  This  letter  contains  the  follow- 
ing endorsement: 

"March  10,  1780. 

"At  a  full  meeting  of  the  inhabitants  of  Boonsb'gh  Collected  on 
the  melancholy  Occasion  of  the  foregoing  Letter  it  was  unanimously 
agreed  that  the  sd.  Letter  should  be  Written  which  was  accordingly 
Done,  ^nd  CaDt.  David  Gess  Directs  to  subscribe  his  name  Thereto 
for  and  in  Behalf  of  the  Whole.  Certified  under  my  hand  this  10th 
of  March,  1780.  Richd.  Henderson." 

^Putnam :  Middle  Tennessee,  p.  75.  In  a  statement  made  by  Mrs. 
Donelson,  she  relates:  "When  they  met  Col.  Rd.  Henderson,  Gen. 
Dl.  Smith  &  Capt.  Nathl.  Hart,  on  Cumberland,  all  were  rejoiced, 
particularly  Colo.  Donelson,  who  was  highly  delighted — learned  of 
Capt.  Robertson's  safe  arrival  at  the  Salt  Lick  (now  Nashville)  — 
that  corn  had  been  purchased  in  Kentucky."  The  information  that 
Capt.  Robertson  and  party  had  arrived  safely  at  the  Salt  Lick  prior 
to  March  14,  was  furnished  by  General  Daniel  Smith,  who  was  there 
on  that  date.  Through  inadvertence,  he  makes  no  reference  in  his 
journal  to  the  presence  of  Robertson  and  his  party  at  the  French 


170  Archibald  Henderson 


April  7,  and  left  that  place  shortly  after  April  10S1  for  the 
French  Lick,  doubtless  arriving  there  in  advance  of  Donelson 
and  his  party.  Silently  eloquent  of  the  granite  endurance  and 
courageous  spirit  of  the  typical  American  pioneer — thankful- 
ness for  sanctuary,  for  reunion  of  families  and  friends,  for  the 
humble  shelter  of  a  log  cabin — is  the  last  entry  in  Donelson's 
Diary,  of  date  Monday,  April  24,  1780 : 

"This  day  we  arrived  at  our  journey's  end  at  the  Big  Salt 
Lick,  where  we  have  the  pleasure  of  finding  Capt.  Robertson 
and  his  company.  It  is  a  source  of  satisfaction  to  us  to  be 
enabled  to  restore  to  him  and  others  their  families  and  friends, 

who  were  entrusted  to  our  care,  and  who,  some  time  since, 
perhaps,  despaired  of  our  meeting  again.  Though  our  pros- 
pects at  present  are  dreary,  we  have  found  a  few  log  cabins 
which  have  been  built  on  a  cedar  bluff  above  the  Lick  by  Capt. 
Robertson  and  his  company." 


VIII. 

The  lapse  of  time  now  forbids  me  to  pursue  further  this 
story  of  the  strenuous  struggles  and  incredible  hardships  of 
the  Cumberland  settlers,  who  established  here  a  permanent 
bulwark  against  the  copper-hued  savage  and  laid  here  forever 
the  foundations  of  what  is  now  the  great  and  populous  city  of 
Nashville.  I  will  content  myself  with  presenting  to  you  one 
fundamental  historical  truth  as  the  culmination  of  this  re- 
search. This  is  the  question  in  regard  to  the  authorship  of 
the  famous  Cumberland  Compact.  The  cocksure  Mr.  Roose- 
velt, with  his  habitual  dogmatism,  concludes,  without  proof 
or  evidence,  that  the  author  of  that  remarkable  document  was 
James  Robertson.82  The  inherent  truth  of  the  situation,  if 
other  evidence  were  not  finally  conclusive,  demonstrates  this 
to  be  impossible.  The  best  informed  writer  on  this  subject, 
Putnam,  who  in  1846  discovered  the  original  document  now 

Lick.  In  reference  to  Mrs.  Donelson 's  statement  (Draper  Mss.f 
32S304-305),  Draper  observes  that  Mrs.  Donelson  thinks  the  corn 
never  came.  This  is  an  error.  The  corn  was  brought  safely  in  to 
the  French  Lick;  and  Major  William  Bailey  Smith,  who  was  in  com- 
mand of  the  boats  which  bore  the  corn,  reached  the  French  Lick 
in  time  to  sign  the  Cumberland  Compact.  Doubtless  Mrs.  Donelson 
was  thinking  of  Isaac  Bowman's  batteau  from  Kaskaskia,  which  fell 
into  the  hands  of  the  Chickasaw  Indians. 

"Cf.  Daniel  Smith's  "Journal,"  Tennessee  Historical  Magazine, 
March,  1915,  p.  63,  which  contains  the  following:  "April  7th.  Friday 
Horses  not  all  found — Received  a  letter  from  the  Governor  to  go  to 
the  Falls  of  Ohio  on  particular  business.  Col.  Henderson  brought 
this  letter." 

"A  study  of  the  original  document  would  have  repaid  Mr.  Roose- 
velt and  have  saved  him  from  error. 


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Richard  Henderson  171 


jealously  preserved  in  the  archives  of  the  Tennessee  Historical 
Society,  says :  "As  Richard  Henderson,  and  the  other  members 
of  the  'Transylvania  Land  Company'  were  here  at  this  junc- 
ture (April,  1780),  he  (Henderson)  was  foremost  in  urging 
some  form  of  government."33  A  brief  inspection  will  dem- 
onstrate its  character.  First  of  all,  the  Cumberland  Compact 
is  a  mutual  contract  between  the  co-partners  of  the  Transyl- 
vania Company  and  the  settlers  upon  the  lands  claimed  by  the 
company.  It  is,  moreover,  a  bill  of  rights,  through  careful 
provisions  safeguarding  the  rights  of  each  party  to  the  con- 
tract. The  significant  feature  of  the  document  is  that  it  is  an 
elaborate  legal  paper  which  could  have  been  drafted  only  by 
one  intimately  versed  in  the  intricacies  of  the  law  and  its 
terminology.  Nothing,  indeed,  could  more  effectively  exhibit 
the  purpose  for  which  the  Association  was  established  and 
the  Compact  drawn  up  than  the  following  clause  in  the  in- 
strument itself: 

"That  as  no  consideration-money  for  the  lands  on  Cum- 
berland River,  within  the  claim  of  the  said  Richard  Hender- 
son and  Company,  and  which  is  the  subject  of  this  Association, 
is  demanded  or  expected  by  the  said  Company,  until  a  satis- 
factory and  indisputable  title  can  be  made,  so  we  think  it 
reasonable  and  just  that  the  twenty-six  pounds  thirteen  shill- 
ings and  four  pence,  current  money,  per  hundred  acres,  the 
price  proposed  by  the  said  Richard  Henderson,  shall  be  paid 
according  to  the  value  of  money  on  the  first  day  of  January 
last,  being  the  time  when  the  price  was  made  public  (and) 
settlement  encouraged  thereon  by  said  Henderson,  and  the 
said  Richard  Henderson  on  his  part  does  hereby  agree  that 
in  case  of  the  rise  or  appreciation  of  money  from  that — an 
abatement  shall  be  made  in  the  sum  according  to  its  raised  or 
appreciated  value."34 

The  indisputable  facts  that  Richard  Henderson,  eminent  as 
lawyer  and  jurist,  was  the  only  lawyer  on  the  Cumberland  in 
May,  1780,  and  that  his  name  heads  the  list  of  two  hundred 
and  thirty-odd  signatures  to  the  document  known  as  the 
Cumberland  Compact,  has  led  one  of  the  justices  of  your  own 
Supreme  Court,  a  deep  student  of  early  Tennessee  history,  the 
Hon.  Samuel  C.  Williams,  to  state  in  print  that  "without  se- 
rious doubt"  Judge  Henderson  was  the  draftsman  of  the  com- 
pact of  government. 

Familiarity  with  original  letters  of  the  sturdy  Robertson 
with  both  his  chirography  and  his  mental  processes — and  also 
with   the  chirography  and  contents  of  the  Compact  conclu- 

88Putnam:    Middle  Tennessee,  p.  84. 
^Compare  plate  III. 


172 


Archibald  Henderson 


sively  dispels  the  notion  that  Robertson  may  have  been  the 


am  now,  and  have 


author  and  draftsman  of  the  compact.  I 
been  for  some  years,  able  to  alter  the  "without  serious  doubt" 
of  Judge  Williams  into  "without  any  doubt  whatsoever,"  by 
the  categorical  statement  that  the  document  of  May  1,  and 
also  the  document  of  May  13,  1780,  are  written  throughout  in 
the  same  handwriting;  and  this  handwriting  is  the  bold  and 
characteristic  chirography  of  the  man  who  purchased  the  ter- 
ritory, projected  and  personally  co-operated  in  the  settlement, 
sedulously  nurtured  it  with  the  fruits  of  the  earth  purchased 
at  fabulous  cost,  and  led  in  urging  the  adoption  of  a  written 
form  of  government  at  the  French  Lick — the  President  of  the 
Transylvania  Company,  Judge  Richard  Henderson,  of  North 
Carolina. 

It  may  be  the  time  is  not  far  distant  when  in  this  great 
city  of  Nashville,  patriotically  signalized  by  its  monuments 
and  memorials  to  James  Robertson,  sagacious  and  paternal 
leader,  and  to  John  Donelson,  intrepid  and  successful  pioneer, 
there  shall  be  erected  some  adequate  memorial  to  the  pioneer- 
ing genius  and  empire-building  imagination  of  the  man  who 
inaugurated  and  engineered  the  hazardous  and  arduous  enter- 
prise of  a  settlement  at  the  French  Lick,  drafted  the  Cumber- 
land Compact,  and  is  rightfully  entitled  to  divide  with  James 
Robertson  and  John  Donelson  the  honors  in  the  founding  of 


Nashville. 


Archibald  Henderson. 


Fordell,  Universitv  of  North  Carolina. 


• 


> 


•    • 


■ 


PLATE  II. 


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T^u.   H*U*~9  Mos^k  if,  I7*V. 


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.  * 


•  - 


Richard  Henderson  173 


APPENDIX. 

In  connection  with  the  question  of  the  authorship  of  the  Cumber- 
land Compact,  I  append  an  affidavit  made  by  the  two  Tennessee 
historical  scholars  who  have  made  the  most  minute  and  critical  study 
of  the  original  document,  preserved  in  the  archives  of  the  Tennessee 
Historical  Society.  My  thanks  are  now  gratefully  expressed  to  these 
gentlemen,  Mr.  John  H.  DeWitt,  president  of  the  Tennessee  Historical 
Society,  and  the  Rev.  W.  A.  Provine,  D.D.,  for  their  minute  com- 
parison of  the  documents;  to  Mr.  J.  S.  Walker  of  Nashville,  for 
valuable  assistance  and  suggestions;  and  to  Professor  St.  George 
L.  Sioussat  for  courtesies  extended.  I  am  indebted  also  to  the  late 
Gen.  Gates  P.  Thruston,  sometime  president  of  the  Tennessee  His- 
torical Society,  for  courtesies  extended  me  several  years  ago  in  con- 
nection with  the  present  research. 

All  historical  scholars  without  exception,  who  have  compared  the 
original  manuscript  of  the  Cumberland  Compact  or  facsimile  thereof 
with  attested  specimens  of  Judge  Richard  Henderson's  handwriting, 
testify  that  the  original  Cumberland  Compact  is  drafted  throughout 
in  Judge  Henderson's  handwriting.  It  is  perhaps  worthy  of  note 
that  in  the  body  of  the  document  Judge  Henderson  employs  a  formal 
or  conventional  capital  R,  of  a  sort  which  he  did  not  habitually  use 
in  making  his  own  signature.  The  six  (6)  signatures  which  I  have 
traced  from  the  original  documents  or  from  facsimiles,  photographic 
or  photostatic,  showdn  on  a  plae  (II)  accompanying  this  article,  ex- 
hibit variations  in  the  making  of  the  capital  H  as  well  as  in  the  mak- 
ing of  the  capital  R. 

The  interested  student  may  compare  the  facsimiles  of  documents 
which  accompany  this  article — the  one  being  a  page  of  the  Cumber- 
land Compact  (Plate  I),  the  other  being  a  letter  from  Judge  Hen- 
derson to  Capt.  Holder  (Plate  III). 

In  the  paper  above  printed,  with  accompanying  documents,  it  is 
now  established  that  Judge  Henderson  drafted  the  original  Cumber- 
land Compact.  It  is  not  unreasonable  to  suppose,  although  there  is 
no  proof  of  it,  that  certain  clauses  in  the  document  were  drawn  by 
Judge  Henderson  with  the  assistance  of  Captain  James  Robertson. 
Indeed,  the  laws,  as  drafted,  represented  the  collective  will  of  this 
pioneer  community;  and  it  may  be  that  both  Robertson  and  Donelson, 
voicing  this  collective  will,  thus  aided  Judge  Henderson  to  draft  a 
series  of  articles  for  the  government  of  their  association. 

Archibald  Henderson. 


174 


Archibald  Henderson 


AFFIDAVIT. 

State  of  Tennessee, 
County  of  Davidson. 

We,  W.  A.  Provine  and  John  H.  DeWitt,  make  oath  that  on  April 
28,  1916,  with  Dr.  Archibald  Henderson,  of  Chapel  Hill,  North  Caro- 
lina, we  carefully  examined  the  original  Cumberland  Compact  (in 
the  custody  of  the  Tennessee  Historical  Society),  and  compared  the 
same  with  certain  photographic  facsimiles  of  certain  pages  of  writing 
furnished  us  as  the  genuine  handwriting  of  Judge  Richard  Hender- 
son of  North  Carolina,  who  was  president  of  the  Transylvania  Com- 
pany, to-wit,  a  page  of  the  diary  of  Richard  Henderson  written  in 
1775,  the  original  of  which  is  in  the  Draper  Mss.  at  Madison,  Wis- 
consin; a  photostatic  copy  of  his  memorial  to  the  Legislature  of 
North  Carolina  in  1784,  the  original  of  which  is  in  the  archives  of  the 
North  Carolina  Historical  Commission,  Raleigh,  North  Carolina; 
and  a  pencil  tracing  of  his  signature  as  judge  of  the  Superior  Court 
of  North  Carolina,  the  original  of  which  is  in  the  court  house  at 
Salisbury,  N.  C.  (The  information  as  to  the  nature  and  location 
of  these  papers  being  furnished  us  by  Dr.  Archibald  Henderson.) 
While  our  attention  was  not  given  to  the  subject-matter  of  these 
writings,  nevertheless,  we  made  a  very  careful  comparison  of  the 
handwriting  with  the  handwriting  of  the  text  of  the  Cumberland  Com- 
pact and  the  name  of  Richard  Henderson  as  the  first  signer  thereto; 
and  we  are  both  convinced  without  reservation  that  the  handwriting 
of  the  Cumberland  Compact  and  all  of  the  aforesaid  documents. is 
one  and  the  same.  We  especially  noted  that  the  signatures  of  Judge 
Richard  Henderson  as  traced  from  the  Salisbury  court  house  records 
and  as  appended  to  the  Cumberland  Compact  are  identical. 

We  are  convinced  from  these  comparisons  that  Judge  Richard 
Henderson  was  the  draftsman  and  author  of  the  original  Cumber- 
land Compact. 

(Signed)    W.  A.  Provine. 

John  H.  DeWitt. 

on  this  the  30th  day  of  May, 

John  H.  Lech  letter, 

Notary  Public. 


Sworn 
1916. 

(Seal) 


to  and  subscribed  before  me, 


THE  SLAVE  LAWS  OF  TENNESSEE. 


Until  1794,  when  the  Territorial  Assembly  came  into  ex- 
istence, the  region  now  comprised  within  the  state  of  Ten- 
nessee was  subject  to  the  laws  of  North  Carolina.  No  laws 
concerning  slavery  were  passed  by  this  Territorial  Assembly 
except  one  fixing  a  tax  levy  on  slaves  and  free  persons  of 
color.1  When  the  state  government  was  organized  in  1796 
apparently  all  laws  of  North  Carolina  not  amended  or  abro- 
gated by  special  act  of  the  Tennessee  Assembly  were  of  full 
force  and  effect  in  the  newly  organized  state.  Thus  the  great 
negro  law  of  North  Carolina,  passed  in  1741,2  became  the 
slave  code  of  Tennessee,  and  except  for  a  few  amendments, 
was  the  basic  legal  code  until  1857,  when  the  first  codification 
of  all  the  laws  was  made;  and  this  code  of  1857  embodied  as 
its  main  principles  of  slavery  those  of  the  Act  of  1741.  About 
twenty  other  acts  relating  to  slaves  and  free  negroes  were 
passed  by  the  North  Carolina  legislature  from  1741  until  the 
time  when  the  state  of  Tennessee  was  provisionally  organized. 
None  of  these,  however,  marked  any  departure  from  the  prin- 
ciples of  the  law  of  1741,  and  most  of  them  were  unimportant 
or  were  intended  to  be  local  in  their  operation,  or  were  merely 
explanatory  of  parts  of  the  foregoing  act.  With  this  original 
plan  of  slave  control  very  much  like  those  of  South  Carolina 
and  Virginia,  Tennessee,  like  other  states,  began  to  modify 
and  develop  the  scope  and  flexibility  of  the  regulations  for 
her  colored  population.  Apparently  slaves  and  possibly  free 
negroes  came  with  the  early  settlers  into  the  new  state,  for 
within  a  few  years  the  legislature  found  it  necessary  to  pass 
specific  laws  applicable  only  to  colored  persons. 

The  preamble  of  the  Act  of  17413  excluded  from  the  class 
of  "servant"  any  "person  whatsoever  being  a  Christian  or  of 
Christian  parentage"  except  indentured  whites.  Neither  this 
act  nor  others  of  the  North  Carolina  assemblies  preceding 
1741  undertook  to  draw  any  legal  distinction  between  the 
slave  and  the  indentured  white  servant.  This  fact  is  worth 
noting,  since  it  indicates  the  parallelism  or  rather  identity 
which  the  people  of  that  time  saw  between  white  servants 
indentured  for  a  limited  period  and  the  black  slave  indentured 

"Act,  Sept.  30,  1794,  Ch.  3,  Roulstone's  Laws  of  the  State  of  Ten- 
nessee, 29. 

"James  Iredell's  Laws  of  the  State  of  North  Carolina,  pp.  85,  ff.; 
Swann's  North  Carolina  Laws.  p.  161. 

•Ibid. 


176  //.  M.  Henry 


for  life.  There  was  doubtless  considerable  difference  between 
the  social  status  of  the  indentured  servant  and  that  of  the 
slave,  and  some  legal  difference;  for  example,  a  master  was 
forbidden  to  "whip  a  Christian  servant  naked."4  On  the  other 
hand,  if  our  impression  of  the  origin  and  development  of 
slavery  in  the  black  belts  and  its  toleration  and  development 
in  the  uplands  is  correct,  we  shall  be  prepared  to  conjecture 
that  there  was  a  nearer  approach  in  condition  of  the  two 
classes  to  each  other  in  the  latter  than  in  the  former.  While 
none  of  the  statutes  or  later  court  decisions  undertook  to  say 
definitely  what  constituted  a  person  of  color  practice  doubtless 
recognized  as  free  all  who  were  not  known  to  be  held  as  slaves 
by  some  white  man.5  But  again  it  is  not  at  all  likely  that 
very  many  free  negroes  appeared  among  the  early  settlers. 
If  this  is  correct,  the  negro  owed  his  presence  in  Tennessee 
to  the  fact  that  he  had  been  taken  there  as  a  slave  by  a 
white  slaveholder. 

There  was  no  special  procedure  provided  whereby  the  free- 
dom of  a  negro  might  be  tested.  But  a  "next  friend"  might 
bring  suit  in  the  ordinary  way,  the  slave  not  having  any  legal 
standing  in  court6  as  a  witness,  and  the  case  would  be  deter- 
mined on  its  merits  as  in  any  other  suit.  A  law  of  18177 
plainly  applicable  to  an  apprenticed  or  indentured  white  as 
well  as  to  a  slave,  provided  that  pending  such  suit  the  plaintiff 
should  be  taken  into  custody  by  the  sheriff.  In  such  suits  the 
oft  repeated  assertion  of  freedom  by  the  plaintiff  would  be 
admissible  as  evidence  showing  failure  to  acquiesce  as  a  slave,8 
and  reputation  or  hearsay  would  be  admissible  as  direct  evi- 
dence of  freedom.9 

Another  rather  peculiar  interpretation  of  freedom  came 
up  in  1842,10  when  a  mulatto  whose  mother  was  a  slave,  was 
made  heir  and  executor  to  an  estate  by  his  mother's  white 

4Iredell,  Act  1741,  Sec.  4. 

5The  act  of  1741,  sec.  18,  provided  that  any  negro  born  of  a  white 
woman  while  she  was  indentured  should  be  bound  out  until  the  negro 
reached  the  age  of  thirty-one.  The  Supreme  Court  in  1852,  in  Ben- 
nett vs.  The  State,  31  Tenn.,  411,  held  that  color  in  the  absence  of 
other  evidence,  determined  status  whether  slave  or  free.  And  in 
Harris  vs.  Clarissa,  14  Tenn.,  227,  it  held  in  1854  that  the  child  of 
a  slave  was  a  slave. 

•Dorr.n  et  al.  vs.  Brazelton  et  al.f  32  Tenn.,  149,  1852;  Stephenson 
vs.  Harrison,  40  Tenn.,  729,  1859. 

7lst  Sess.,  12th  General  Assembly  of  Tenn.,  p.  107. 


■ 


Clarissa  vs.  Edwards,  1  Tenn.,  393,  1809. 


"Vaughan  vs.  Phebe,  8  Tenn.,  5,  1827.  Not  only  so,  but  a  negro 
unlawfully  held  in  slavery  could  recover  damages  by  suit  for  tresspass 
from  his  pseudo-master.     Matilda  vs.  Crenshaw,  12  Tenn.,  299,  1833. 


10 


Green  vs.  Rawlings,  22  Tenn.,  90. 


■ 


Slave  Laics  of  Tennessee  177 


master,  who  in  turn  was  the  mulatto's  natural  father.  An 
effort  was  made  to  re-enslave  the  negro  and  seize  the  estate 
on  the  ground  that  though  he  had  been  set  free  by  his  father 
he  was  not  removed  from  the  state,  as  the  law  then  required. 
It  was  argued  in  his  behalf  that  a  contract  had  existed  before 
the  law  requiring  his  removal  had  been  passed,  and  therefore 
this  requirement  was  not  binding.  The  court  decided  that  he 
was  free  under  the  common  law  by  "manumission  by  parole." 

In  defining  the  legal  status  of  the  slave  in  society  the 
courts  usually  referred  to  the  common  law  for  authority.  In 
the  case  of  Wright  vs.  Weatherly,11  decided  in  1835,  the  pro- 
visions of  the  civil  law  are  cited  but  are  passed  over  as  not 
binding.12  But  in  the  case  of  Jacob  vs.  the  State,13  1842,  where 
the  common  law  was  silent,  and  by  reason  of  that  fact,  the 
court  interpreted  it  independently.  The  fact  that  the  common 
law  was  regarded  as  more  binding  than  the  civil  law  led  to  a 
more  liberal  interpretaion  of  the  relationship  existing  between 
master  and  slave  than  would  have  obtained  had  the  civil  law 
been  accepted  as  the  model.  To  illustrate:  Under  the  civil 
law,  in  the  absence  of  definite  legislative  enactment  to  the  con- 
trary, the  life  of  the  slave  could  be  taken  by  the  master  with- 
out fear  of  punishment.  The  common  law  recognized  no  such 
prerogative  in  the  hands  of  the  master  over  the  apprentice  or 
a  lord  over  a  serf.  The  chattel  ownership  of  the  slave,  how- 
ever, would  have  made  the  applicability  of  the  civil  law  more 
consistent  than  the  common  law,  for  the  common  law  knew 
no  such  bodily  ownership. 

But  the  slave  was  not  to  be  considered  as  a  mere  chattel^ 
but  as  a  person  in  a  restricted  sense.  Let  the  court  speak 
briefly  on  this  point  in  three  instances: 

"Although  he  is,  by  our  law,  our  property,  yet  he  (i.  e., 
the  slave)  is  an  intelligent  moral  agent  capable  of  being  a 
subject  of  government,  and  like  all  other  men,  liable  to 
answer  for  his  own  wrongs  to  the  injured  party,  but  for  the 
fact  that  all  his  personal  rights  as  a  citizen  and  his  liabil- 
ities as  such,  are  destroyed  and  merged  in  the  ownership 
of  the  master,  who  controls  his  person,  owns  his  property, 
and  is  entitled  to  the  fruits  of  his  labor."14 

"The  law  treats  the  slave  as  a  rational  and  intelligent 
human  being,  responsible  to  moral,  social,  and  municipal 
duties  and  obligations,  and  gives  him  the  benefit  of  all  the 

* 
■ 

"15  Tenn.,  367. 

"See  also  Nelson  vs.  The  State,  29  Tenn.,  518,  1850. 

"22  Tenn.,  493. 

"Wright  vs.  Weatherly,  15  Tenn.,  367,  1835. 


178  H.  M.  Henry 


forms  of  trial  which  jealousy  of  power  and  love  of  liberty 
have  induced  the  freeman  to  throw  around  himself  for  his 
own  protection."15 

"Under  our  modified  system  of  slavery,  slaves  are  not 
mere  chattels,  but  are  regarded  in  the  twofold  character 
of  persons  and  property.  That  as  persons  they  are  consid- 
ered by  our  law,  as  accountable  moral  agents,  possessed  by 
the  power  of  volition  and  locomotion.  That  certain  rights 
have  been  conferred  upon  them  by  positive  law  and  judi- 
cial determination,  and  other  privileges  and  indulgences 
have  been  conceded  to  them  by  universal  consent  of  their 
owners."16 

Under  such  conditions,  the  slave  partaking  of  the  nature 
of  a  chattel  and  of  a  person  in  the  eyes  of  the  law,  what  was 
the  relationship  existing  between  the  master  and  his  slave? 
In  1833,  in  a  lengthy  decision,17  the  highest  court  undertook 
to  say  that  the  slaves  constituted  a  part  of  the  master's  fam- 
ily, and  hence  could  not  be  levied  upon  for  the  satisfaction  of 
a  debt.  The  same  method  of  reasoning  was  used  by  the  same 
court  in  1857,18  in  which  concerning  chastisement,  a  parallel 
was  drawn  between  master  and  slave  similar  to  that  existing 
between  father  and  child.  On  the  other  hand,  the  slave  must 
not  resist  re-capture  if  a  runaway19  nor  resist  reasonable  pun- 
ishment, though  punishment  extending  to  life  or  limb  could 
be  lawfully  resisted  by  the  slave20  as  being  undue  provocation. 
Again,  the  master  was  bound  to  clothe21  his  slave  and  could 
protect  his  slave  from  wanton  attacks  from  others.22  The 
law  exacted  of  the  hirer  the  same  care  of  the  slave  as  was 
exacted  of  the  master  himself.23  The  master,  however,  could 
not  be  held  liable  in  a  civil  suit  for  damages  committed  by 
his  slave,24  unless  done  by  the  order  of  the  master.25  But  a 
slave  could  not  plead  that  he  had  committed  a  crime  by  the 
order  of  his  master,  for  the  master  had  no  such  authority.26 


15 


15 


Elijah,  a  slave,  vs.  The  State,  20  Tenn.,  102,  1839. 
Jones  vs.  Allen,  38  Tenn.,  627,  1858. 
"Loftin  vs.  Espy  and  Others,  12  Tenn.,  84. 
James  vs.  Carper,  36  Tenn.,  398. 
Tom,  a  Slave,  vs.  The  State,  27  Tenn.,  86.  . 


1H 


19 


"Jacob  vs.  The  State,  22  Tenn.,  493;  Nelson  vs.  The  State,  29 
Tenn.,  618. 


"Britain  vs.  The  State,  22  Tenn.,  203. 
"Walker  vs.  Brown,  30  Tenn.,  179;  1850. 

Lunsford  and  Davie  vs.  Braynham,  29  Tenn.,  267. 

Wright  vs.  Weatherly,  15  Tenn.,  367;  1835. 


■ 


S4 


"Wilkins  vs.  Gilmore,  21  Tenn.,  140;  Byrom  vs.  McGuire,  40  Tenn., 
530. 

"The  State  vs.  McCarn,  30  Tenn.,  494. 


I 


\ 


Slave  Lair*  of  Tennessee  179 


9 


While  certain  privileges  of  persons  were  accorded  slaves, 
they  could  not  hold  property,27  nor  could  they  inherit  prop* 
erty,28  though  property  bequeathed  by  a  master  to  slaves  to 
be  used  by  them  after  their  freedom  had  been  acquired  through 
the  will  of  the  master,  would  be  held  for  them  until  such  free- 
dom should  be  acquired. 

The  patrol  system  was  not  elaborately  developed  in  North 
Carolina.  Nor  was  it  early  made  a  part  of  the  military  sys- 
tem. Apparently  no  strong  demand  for  a  patrol  was  felt  until 
the  Revolutionary  period.  The  first  enactment  on  the  sub- 
ject occurred  in  1779,30  when  "searchers"  were  provided  for, 
whose  duty  it  was  to  search  negro  quarters  for  unlawful 
weapons  and  to  arrest  and  return  to  their  masters  any  stroll- 
ing slaves  found  away  from  their  proper  places  of  abode  with- 
out a  pass  on  the  Sabbath  or  at  unseasonable  hours  of  the 
night.  For  these  services  the  "searchers"  or  "patrollers"  were 
to  receive  compensation  from  the  masters  as  was  allowed  for 
returning  runaway  slaves.31  Refusal  to  serve  as  "searcher  or 
patroller"  was  punishable  by  a  fine  of  £100.  Another  act  of  the 
North  Carolina  legislature  in  179432  provided  for  the  appoint- 
ment by  the  justices  of  courts  of  pleas  and  quarter  sessions  of 
a  sufficient  number  of  men  not  exceeding  six  in  each  district 
to  act  as  patrollers  for  one  year,  whose  duty  it  should  be  to 
ride  their  district  at  least  once  in  every  two  weeks  arresting 
and  whipping,  with  not  exceeding  fifteen  lashes,  any  slaves 
away  from  their  master's  plantation.  The  patrolmen  were  to 
receive  as  compensation  freedom  from  road  and  jury  duty, 
and  not  to  be  required  to  pay  any  taxes  unless  their  taxes 
amounted  to  more  than  forty  shillings.33 

It  will  be  seen  that  the  needs  for  patrol  service  were  not 

^Jenkins  vs.  Brown,  25  Tenn.,  299;  1845. 

^Turner  vs.  Fisher,  36  Tenn.,  209;  1856. 

^Stephenson  vs.  Harrison,  40  Tenn.,  729;  1859.  An  act  of  1787 
provided  for  the  emancipation  of  a  certain  slave  whose  freedom  was 
desired  by  his  master's  will.  The  master  had  further  provided  for  the 
slave  to  inherit  considerable  property,  a  part  of  which  the  executors 
gave  him,  but  this  act  barred  any  suit  by  the  freed  slave  for  the  prop- 
erty except  such  as  the  executors  saw  fit  to  allow.  See  another  such 
case  in  North  Carolina  where  a  colored  girl  was  set  free  by  special  act 
and  allowed  to  inherit  property.  Martin's  Acts  of  North  Carolina,  p. 
177;  1794. 

"Iredell,  388,  Ch.  7.  (This  was  preceded  by  an  act  of  1753,  Ch.  vi, 
providing  for  searchers  for  guns,  etc. — Ed.) 

31This  provision  as  to  payment  by  the  master  was  repealed  in  1794. 

"Iredell,  p.  3,  Ch.  iv  (of  that  session) . 

"This  was  so  amended  in  1831  as  to  make  the  period  of  service 
three  months  instead  of  one  year  and  to  allow  for  further  compensa- 
tion if  deemed  necessary. 


/ 


180  //.  M.  Henry 


great  until  the  state  of  Tennessee  took  upon  itself  the  duty  of 
self-government.  The  first  action  of  the  Tennessee  legislature 
on  the  patrol  is  to  be  found  in  the  year  1806,  when  an  elab- 
orate act  for  the  regulation  of  the  colored  population  was 
drawn  up.34  It  provided  for  the  appointment  of  patrolmen 
by  the  captains  of  militia  companies  with  the  number  to  t>e 
left  to  the  discretion  of  the  captain  and  the  frequency  of  the 
ridings  to  the  patrol.  Their  duties  were  the  same  as  those 
provided  for  in  the  act  of  1794,  with  the  additional  privilege 
of  administering  corporal  punishment  to  free  negroes  who 
might  be  concerned  in  encouraging  disorderliness  among  the 
slaves.  The  patrols  in  the  towns  were  to  be  appointed  by 
the  town  commissioners  and  the  duties  so  distributed  and  the 
town  so  laid  off  that  a  patrol  should  be  on  duty  every  night 
unless  it  should  prove  impracticable  because  of  the  fewness 
of  the  white  citizens.  The  fine  for  each  instance  of  non- 
performance of  duty  was  to  be  |5.  Another  patrol  law  of 
185635  rendered  the  general  provisions  regarding  patrol  service 
more  symmetrical,  and  provided  for  the  payment  of  the  patrol- 
men not  exceeding  $1  per  night  of  service  in  lieu  of  remis- 
sion of  road  and  jury  duty.  The  code  of  1858  abbreviated 
verbally  the  provisions  regarding  patrol  service,  but  included 
practically  all  of  the  foregoing  provisions,  adding  nothing 
new. 

The  latitude  and  discretion  allowed  the  patrol  made  it 
possible  for  them  to  exceed  their  authority  reasonably  inter- 
preted. And  while  this  authority  must  have  been  often  abused, 
still  there  was  a  tendency  to  check  such  abuse.  Perhaps  it 
will  be  appropriate  to  quote  here  from  a  decision  of  the  Su- 
preme Court  rendered  in  1859  in  the  case  of  Tomlinson  vs. 
Darnell  :3<5 

"It  is  of  great  importance  to  society  that  these  police 
regulations  connected  with  the  institution  of  slavery,  should 
be  firmly  maintained.  The  well  being  and  safety  of  both 
master  and  slave  demand  it.  The  institution  and  support 
of  the  night  watch  and  patrol  on  some  plan,  are  indispen- 
sable to  good  order,  and  the  subordination  of  slaves,  and 
the  best  interests  of  their  owners.  But  the  authority  con- 
ferred for  these  important  objects  must  not  be  abused  by 
those  upon  whom  it  is  conferred,  as  it  sometimes  is  by 
reckless  persons. 

"If  they  exceed  the  bounds  of  moderation  in  the  injury 
inflicted  and   transcend  the  limits  prescribed  by  law  for 

**2nd  Sess.,  6th  G.  A.,  p.  83. 
*lst  Sess.,  31st  G.  A.,  p.  91. 
8fl39   Tenn.,  223. 

r  * 


Slave  Laws  of  Tennessee  181 


the  office  of  patrol,  if  it  be  found  that  they  were  not  en- 
titled to  that  justification,  then  they  will  be  liable  under 
a  verdict  to  that  effect." 

In  this  connection  it  must  be  mentioned  that  a  written 
pass  from  the  master  giving  a  slave  permission  "to  pass  and 
repass"  until  a  given  time,  was  considered  sufficient  author- 
ity for  the  slave's  being  absent  from  home.  However,  the 
pass  might  not  ordinarily  be  called  for  unless  suspicion  was 
aroused,  or  unless  it  was  at  night  that  the  slave  was  roaming. 
For  instance,  a  slave  was  killed  at  a  corn  "shucking."  He 
did  not  have  written  permission  from  his  master  to  be  at  the 
white  man's  house  where  the  husking  took  place.  The  mas- 
ter sued  the  man  who  had  permitted  the  corn  husking  for 
damages  in  the  loss  of  the  slave.  The  lower  court  held  that 
it  was  the  duty  of  the  man  at  whose  house  the  husking  was 
held  to  see  that  the  slaves  present  had  written  passes  from 
their  masters.  But  the  higher  court  on  appeal37  reversed  this 
decision,  holding  that  long  standing  custom  for  slaves  to  at- 
tend gatherings  of  this  kind  under  the  supervision  of  a  white 
person,  without  passes,  made  such  a  pass  unnecessary. 

As  wras  the  case  in  early  times  with  indentured  whites, 
slaves  were  all  punishable  with  stripes,  limited  to  fifteen,  for 
small  offenses,  while  for  more  serious  offenses  thirty-nine  were 
allowed,  and  sometimes  the  number  was  left  to  the  discretion  of 
the  courts.  The  cow  hide  or  hickorv  switch  on  the  bare  back, 
"well  laid  on,"  as  the  earlier  statutes  read,  was  the  approved 
instrument.  A  casual  reading  of  the  advertisements  for  run- 
aways in  the  earlier  newspapers  reveals  the  effects  of  the  more 
or  less  severe  castigation.  But  it  is  noticeable  that  later  no- 
tices give  no  such  identification,  and  often  read  "no  scars 
or  "no  noticeable  scars."  As  is  well  knowrn,  the  earlier  colo- 
nial statutes  provided  whipping  for  free  white  persons  as  well 
as  other  forms  of  punishment.  It  is  not  to  be  wondered  at, 
then,  that  such  forms  of  punishment  was  commonly  thought 
proper  for  slaves  and  free  negroes.  But  in  183138  nailing  to 
the  pillory  and  cutting  off  ears  became  forbidden  forms  of 
punishment  for  negroes,,  the  purpose  being  not  to  inflict  pun- 
ishment extending  to  life  or  limb.  The  only  crimes  under  the 
code  of  1858  punishable  with  death  when  committed  by  a 
slave,  but  not  capital  when  committed  by  a  free  white  person 
were,  murderous  assault  on  a  white  person,  being  accessory 
to  murder  before  the  fact,  plotting  an  insurrection,  and  rape. 
In  1842  a  case  came  up  by  appeal  from  the  lower  courts39 

37 Jones  vs.  Allen,  38  Tenn.,  627;  1858. 
"1st  Sess.,  19th  G.  A.,  p.  123,  sec.  7. 
"Jacob  vs.  The  State,  22  Tenn.,  493. 


yj 


182  H.  M.  Henry 


involving  the  interpretation  of  murder  by  a  slave,  and  the 
question  of  the  slave's  right  to  resist  punishment  An  unruly 
slave  that  had  been  in  the  habit  of  running  away  was  caught 
by  the  master  and  the  master's  brother,  and  when  an  effort 
to  tie  the  slave  was  made  he  stabbed  his  master,  killing  him 
almost  instantly.  The  court  took  the  ground  that  the  evi- 
dence was  clear  that  the  slave  was  resisting  lawful  and  per- 
haps deserved  punishment  at  the  hands  of  his  master,  which 
he  had  no  right  to  do,  and  hence  was  guilty  of  murder.  How- 
ever, one  of  the  justices  rendered  a  separate  opinion  agree- 
ing  as  to  the  facts,  but,  as  obiter  dictum,  added  that  perhaps  a 
different  conclusion  would  have  been  reached  had  evidence 
shown  that  the  slave  had  good  reason  to  believe  that  the  pun- 
ishment he  was  about  to  receive  might  extend  to  life  or  limb. 
That  would  open  the  question  whether  a  slave  might  commit 
manslaughter.  The  opportunity  for  such  legal  definition  arose 
in  185040  when  another  case  was  heard,  the  facts  of  which 
showed  that  the  hilarious  conduct  of  a  slave  was  reproved  by 
a  white  man,  not  his  master,  by  knocking  the  slave  down  twice, 
when  the  latter  turned  and  killed  the  white  man.  The  court 
took  the  view  that  since  it  was  possible  for  a  slave  to  take  the 
life  of  a  white  man  without  premeditated  malice,  such  a  crime 
could  not  rightfully  be  considered  murder,  and  hence  must 
be  termed  manslaughter.  The  decision,  however,  made  the 
reservation  that  owing  to  the  difference  in  social  status  of  the 
two  races  what  might  be  considered  sufficient  provocation  for 
one  white  person  to  commit  manslaughter  in  taking  the  life 
of  another  white  man,  could  not  necessarily  be  deemed  suffi- 
cient  provocation  to  a  slave  to  commit  a  homicide.41 

The  North  Carolina  act  of  174142  provided  that  the  owner 
of  a  slave  who  had  run  away  and  made  depredations  upon  the 
community  and  had  for  this  been  proclaimed  an  outlaw  by 
a  justice  of  the  peace,  should  be  remunerated  if  such  slave 
should  be  killed  by  any  person  as  authorized  in  the  proclama- 
tion of  the  justice.  Section  52  provided,  too,  that  the  owner  of 
every  slave  convicted  of  having  been  concerned  in  an  insur- 
rection and  executed  accordingly  should  be  reimbursed  for 
his  loss. 

For  the  trial  of  slaves  charged  with  crime,  a  special  court 
was  provided  by  the  North  Carolina  act  of  1741,48  consisting 
of  three  justices  of  the  peace  and  four  freeholders.  Appar- 
ently the  court  was  given  large  discretion  in  the  matter  of 

"Nelson  vs.  The  State,  29  Term.,  515. 

ttA  similar  case  is  Tom  vs.  The  State,  27  Tenn.,  86;  where  a  run- 
away slave  was  decided  not  to  have  the  right  to  resist  capture. 
"Sec.  46. 


Sec.  48. 


Slave  Laws  of  Tennessee  183 


method  of  procedure  and  penalties.  Almost  no  limitation  on 
its  action  was  made  or  qualification  for  its  members  required. 
Hasty  must  have  often  been  the  results.  But  this  act  re- 
mained the  slave  code  throughout  the  slavery  regime,  and  it 
does  not  seem  that  this  particular  section  was  ever  entirely 
abrogated.  Indeed  no  amendment  to  it  was  made  until  1815.44 
At  this  time  another  scheme  approximating  a  jury  trial  was 
enacted  in  which  it  was  provided  that  the  court  should  con- 
sist of  three  justices  and  nine  "freeholders  or  slaveholders.'' 
In  case  the  freeholders  did  not  attend  when  summoned  the 
justices  were  empowered  to  select  others  from  among  the  "by- 
standers," if  necessary.  These  justices  and  other  white  cit- 
izens were  charged  with  the  duty  of  fixing  the  penalty  for 
any  crime  of  which  a  slave  was  convicted  by  them,  unless  the 
penalty  had  already  been  fixed  by  law.  A  unanimous  verdict 
was  necessary  to  convict  a  slave  of  a  capital  offense,  but  a 
majority  was  sufficient  to  convict  where  the  penalty  was  less 
than  death.  A  law  of  181945  modified  the  former  arrange- 
ment so  that  three  justices  were  chosen  to  preside  at  the 
trial  and  twelve  "housekeepers  being  owners  of  slaves"  were 
to  act  as  a  jury  to  determine  guilt  and  to  fix  the  penalty.  Very 
decidedly  stronger  safeguards  were  thrown  around  the  trial  of 
a  slave  by  a  substantially  new  law  of  1825.46  This  law  ex- 
cluded all  but  slave  owners  from  the  jury  in  the  trial  of  a 
slave,  though  the  fact  that  one  or  more  non-slavesolders  sat  on 
a  trial  was  not  to  vitiate  the  verdict  unless  it  could  be  shown 
that  this  fact  had  some  influence  in  reaching  a  decision.  The 
owner  was  allowed  as  many  challenges  in  selecting  a  jury  as 
were  allowed  in  the  trial  of  a  free  white  person  for  the  same 
crime.  In  any  case  of  conviction  the  owner  was  to  have  the 
right  of  appeal  to  the  circuit  court,  and  to  give  bail  in  a  sum 
twice  the  value  of  the  slave  for  his  appearance  at  court,  the 
owner  to  undertake  the  expense  of  the  appeal.  In  the  act  of 
1831,47  pertaining  to  the  regulation  of  slaves  and  free  negroes, 
a  limitation  was  placed  on  the  right  of  appeal,  providing  that 
only  in  cases  where  the  penalty  was  death  was  the  appeal 
to  be  permitted.48  Further,  where  a  jury  of  slaveholders  could 
not  be  conveniently  secured  non-slaveholding  "householders" 
were  to  be  eligible  to  such  service.  Perhaps  difficulty  was  ex- 
perienced in  securing  a  jury  composed  solely  of  slave  owners 


44 


45 


4« 


47 


1st  Sess.,  11th  G.  A.,  p.  751. 

1st  Sess.,  13th  G.  A.,  p.  59. 

1st  Sess.,  16th  G.  A.,  p.  21. 

1st  Sess.,  19th  G.  A.,  p.  123,  sec.  6. 


"This  right  to  appeal  in  any  case  of  a  slave  tried  by  a  justice 
was  restored  in  1848.    1st  Sess.,  27th  G.  A.,  84. 


# 


184 


H.  M.  Henry 


in  some  parts  of  Tennessee.  Numerous  petitions  were  pre- 
sented to  the  General  Assembly  in  182!)  playing  the  removal 
of  this  restriction.49 

By  an  act  of  1836*°  the  circuit  court  was  given  exclusive 
jurisdiction  in  all  offenses  committed  by  slaves  where  the 
penalty  was  death,  and  all  persons  qualified  to  serve  as  jurors 
in  the  trial  of  a  free  white  person  were  to  be  eligible  for 
service  in  the  trial  of  a  slave.  It  is  also  provided  that  coun- 
sel for  an  accused  slave  should  be  appointed  if  the  owner 
failed  or  refused  to  provide  such  counsel,  the  attorney  so  ap- 
pointed to  be  given  the  right  to  sue  the  owner  of  the  slave 


for  the  amount  of  his  fee. 


last 


abused ;  at  least,  it  was  repealed  in  1838.51 

The  only  other  legislation  of  interest  regarding  the  trial 
of  slaves  was  placed  on  the  statute  books  in  1853.52  It  will  be 
recalled  that  in  a  case  in  1850,  Nelson  vs.  the  State,  referred 
to  above,  the  Supreme  Court  said  that  the  homicide  of  a 
white  person  by  a  slave  might  be  adjudged  manslaughter,  in 
which  event  the  death  penalty  could  not  be  assessed.  But  the 
law  did  not  provide  that  a  slave  court  might  find  a  verdict  of 


manslaughter. 


question 


Could  a  slave 


cuit 


was  not  given  original  jurisdiction  of  the  case:  and  would  it 
be  difficult  after  such  a  trial  in  the  circuit  court  to  justify 
the  retrial  of  the  defendant  in  a  slave  court?  Hence  this  act 
merely  gave  the  circuit  court  jurisdiction  in  all  cases  of 
homicide  by  slaves  whether  finally  found  to  be  deserving  of 

capital  punishment  or  not. 

It  will  be  proper  at  this  point  1o  summarize  the  legislation 
dealing  with  the  methods  of  trial  of  slaves  and  to  add  other 
comment  on  the  problem.  It  appears  that  at  first  the  white 
population  desired  a  less  complicated  system  of  trial  by  slaves 
than  obtained  for  whites.  Hence  the  simple,  unhampered, 
half-responsible  scheme  planned  in  the  North  Carolina  act  of 
1741  was  devised  and  was  carried  over  by  the  State  of  Ten- 
nessee. Questions  appear  later  to  have  arisen  as  to  the  cer- 
tainty of  securing  justice  for  the  accused  slave  by  this  method. 
Suppose  the  owner  of  the  slave  was  the  prosecutor,  was  it 
not  likely  that  the  court  would  accept  his  idea  of  the  case? 
Again,  was  not  the  small  slave  owner's  interst  as  well  as  the 
personal  welfare  of  the  slave  likely  to  suffer  where  the  mas- 
ter was  uninfluential  in  the  community?    Furthermore,  might 

"National  Banner  and  Nashville  Whig,  October  27,  1839. 
*lst  Sess.,  21st  G.  A.,  p.  92,  sec.  9. 
"1st  Sess.,  22nd  G.  A.,  p.  197. 


"1st 


I 


Slave  Laws  of  Tennessee  185 


not  the  intersts  of  the  slaveholder  suffer  and  injustice  possi- 
bly be  done  his  slave  in  communities  where  slaves  were  few 
and  where  non-slaveholders  looked  with  more  or  less  jealousy 
upon  the  free  and  easy  manner  of  life  of  the  master?  This 
desire  to  have  the  interests  of  the  slaveholder  subserved  is  to 
be  seen  in  the  changing  provisions  for  the  qualifications  of 
jurors.  This  doubt  as  to  securing  justice  for  the  slave  may  be 
seen  again  in  the  recurring  provisions  for  appeal,  first  in  cap- 
ital cases  and  then  in  all  cases,  and  finally  in  the  almost  com- 
plete abolition  of  the  slave  court  with  the  transfer  of  most 
of  its  business  to  the  circuit  court.  Some  of  this  interest  may 
be  traced  in  the  legislative  work  of  the  General  Assembly. 
In  1819s8  a  select  committee  was  appointed  to  examine  the 
laws  on  slavery  and  to  see  what,  if  any,  amendments  to  the 
laws  relating  to  the  trial  of  slaves  in  particular  were  neces- 
sary, but  no  further  trace  of  its  work  is  apparent.  In  182954 
an  interesting  debate  took  place  on  the  floor  of  the  lower 
house  of  the  General  Assembly  on  a  bill  to  make  capital  of- 
fenses by  a  slave  cognizable  by  a  circuit  court.  The  bill,  how- 
ever, did  not  become  law  until  1831.  The  right  of  appeal  to 
the  circuit  court  permitted  by  the  law  of  1825  appears  to  have 
had  the  effect  of  making  the  rehearings  numerous.  Hence, 
it  was  argued  by  one  of  the  defenders  of  the  proposed  measure, 
that  it  would  save  time  and  expense  to  begin  prosecution  of 
slaves  accused  of  crime  in  the  circuit  courts.  He  further 
pointed  out  that  the  prejudice  or  lack  of  interest  on  the  part 
of  the  master  might  lend  influence  to  the  prosecution  of  the 
slave.  And,  again,  the  master  would  naturally  not  undertake 
an  expensive  appeal  unless  reasonably  sure  of  acquittal.  To 
some  of  these  allegations  spirited  exception  was  taken. 

Apparently  the  master's  property  interest  in  the  slave  was 
in  1774  deemed  sufficient  protection  for  the  life  of  the  slave, 
protection  both  against  the  violence  of  the  master  himself  and 
against  any  other  possible  intruder.  That  the  punishment  of 
slave  murder  had  not  been  common  is  shown  by  the  preamble 
to  the  act  of  1774,55  which  we  shall  quote  at  this  point: 

"Whereas  some  doubts  have  arisen  with  respect  to  the 
punishment  proper  to  be  inflicted  upon  such  as  have  been 
guilty  of  willfully  and  maliciously  killing  slaves." 

Judging  by  our  later  standards,  we  would  naturally  con- 
sider this  hardly  humane,  but  judged  by  the  standards  of  a 
time  when  the  slave  was  little  better  than  a  savage,  and  when 


54 


">5 


Nashville  Whig,  Oct.  13,  1819. 
National  Banner  and  Nashvih 
Iredell,  p.  274,  Ch.  31. 


186  H.  M.  Henry 


the  paternal  care  of  the  slave  by  his  master  was  more  marked. 
legislation  was  not  thought  to  be  so  necessary.  However,  in 
1774r,fl  an  act  was  passed  defining  the  murder  of  a  slave  and 
fixing  the  penalty — for  the  first  offense  of  which  the  person 
was  convicted  of  the  willful  murder  of  a  slave  he  was  to  be  im- 
prisoned for  one  year,  and  for  the  second  offense  he  was  to 
suffer  death  and  could  be  held  civilly  liable  to  the  owner.  But 
soon,  in  1791,67  the  murder  of  a  slave  (first  offense)  was  made 
a  capital  crime.  It  is  possible  that  some  doubt  as  to  the  na- 
ture of  the  punishment  of  a  person  convicted  of  killing  a  slave 
arose  and  the  Tennessee  legislature  passed  an  act  in  1799BS 
duplicating  the  North  Carolina  law  of  1791  with  the  exception 
that  the  homicide  of  any  outlawed  slave,  or  a  slave  "dying 
under  moderate  correction"  was  not  to  be  considered  as  coming 
within  the  meaning  of  the  act. 

Neither  from  laws  nor  court  records  can  an  adequate  esti- 
mate of  the  conditions  of  slaves  be  made  as  to  their  treatment 
by  their  masters  or  the  whites  generally.  That  complaint  in 
this  direction  arose  rather  early  is  to  be  judged  by  the  North 
Carolina  act  of  1741,59  which  made  it  obligatory  on  the  master 

to  provide  wholesome  food  for  his  slaves  and  white  servants. 
And  another  act  in  175360  made  the  master  liable  in  civil  dam- 
ages for  thefts  committed  by  a  slave,  provided  it  could  be 
shown  that  the  slave  had  not  been  properly  fed.  An  act  of 
the  Tennessee  Legislature  of  181301  made  the  offense  of  beating 
the  slave  of  another  white  person  equally  criminal  with  that 
of  so  misusing  a  white  person.  The  Supreme  Court  lost  no 
opportunity  to  encourage  the  principle  of  humane  treatment 
of  slaves  by  their  masters,  often  appearing  to  strain  the  law 
to  do  so.  In  183362  it  held  that  a  family  of  slaves  could  not 
be  broken  up  and  sold  to  different  white  persons  to  satisfy  a 
debt  against  an  estate. 

A  difficulty  often  experienced  in  the  management  of  slaves 
was  that  they  would  steal  farm  produce  from  their  masters 
or  other  white  people  in  the  community  and  sell  to  unscrupu- 
lous purchasers  at  much  less  than  the  actual  value  of  the 
article.  This  encouraged  theft  and  consequent  dissipation  on 
the  part  of  the  slave,  since  the  money  so  obtained  was  often 
used  to  purchase  whisky  or  in  gaming.     The  North  Carolina 

'Ibid. 

"Iredell,  716,  Ch.  4. 

"1st  Sess.,  3rd  G.  A.,  p.  187,  Ch.  9. 

••Sec.  4. 

"Iredell,  p.  153,  ch.  6,  sec.  10. 

"1st  Sess.,  10th  G.  A.,  p.  70. 

"Loftin  vs.  Epsy  and  Others,  12  Tenn.,  84. 


Slave  Laws  of  Tennessee  187 


act  of  174163  forbade  trading  with  slaves.  An  act  of  the 
Tennessee  Legislature  of  179964  forbade  any  person  to  buy  from 
or  sell  to  a  slave  who  did  not  produce  a  certificate  from  his 
or  her  master  expressly  permitting  such  bargaining  as  to  place 
and  time.  For  its  violation  a  penalty  of  a  fine  ranging  from 
five  to  ten  dollars,  recoverable  before  a  magistrate  by  action 
for  debt,  was  fixed.  Another  law  of  181365  made  some  changes 
and  additions  to  the  former  regulation.  It  permitted  the  sale 
without  a  permit  from  his  master  of  any  article  made  or  pro- 
duced by  the  slave  himself.  It  wras  inferred  that  time  and 
permission  had  been  willingly  granted  by  the  master  when  a 
slave  was  allowed  to  grow  farm  produce  or  poultry,  or  to 
exercise  his  mechanical  skill  in  making  any  other  article  for 
sale,  and  that  no  protest  would  arise  or  harm  be  done.  The 
former  laws  provided  no  punishment  for  the  slave  engaging 
in  this  unlawful  traffic,  making  an  effort  only  to  render  effec- 
tive the  prohibition  on  the  action  of  the  outside  party.  But 
this  law  made  it  obligatory  on  the  person  with  whom  the  slave 
offered  to  bargain,  to  arrest  and  carry  him  before  a  justice 
who  was  to  give  him  not  less  than  five  nor  more  than  thirty 
lashes. 

One  of  the  most  dreaded  forms  of  traffic  in  which  the  slave 
might  be  concerned  was  that  of  intoxicants.  This  lessened 
the  efficiency  of  the  slave  and  contributed  to  the  possibilities 
of  his  disturbance  of  the  peace  of  the  community.  Apparently 
North  Carolina  had  relied  upon  her  laws  to  prevent  general  sell- 
ing to  slaves  to  obstruct  the  traffic  in  liquors.  In  181366  the 
Tennessee  legislature  passed  a  law  providing  a  fine  of  from  five 
to  ten  dollars  for  each  offense  of  selling  liquor  to  slaves  with- 
out a  permit  from  the  master,  and  in  case  of  failure  to  pay 
the  convicted  person  was  to  be  confined  in  jail  until  payment 
should  be  made.  A  slave  who  should  sell  to  another  slave  was 
to  receive  from  five  to  ten  lashes  and  not  less  than  three  lashes 
for  being  found  in  possession  of  liquor,67  and  a  free  negro  sell- 
ing to  a  slave  was  to  be  fined  $50.68  By  an  act  of  183269  a  dealer 
in  receiving  a  license  to  traffic  in  alcoholic  liquors  was  re- 
quired to  take  an  oath  that  he  would  not  sell  to  a  slave  without 
a  written  permit  from  the  slave's  master.  This  was  probably 
evaded  bv  allowing  a  clerk  to  make  such  unauthorized  sale. 


<KJ 


Sec.  14. 


«4 


1st  Sess.,  3rd  G.  A.,  ch.  28. 


1st  Sess.,  15th  G.  A.,  p.  76,  ch.  57 

wlst  Sess.,  15th  G.  A.,  p.  76. 

"1st  Sess.,  18th  G.  A.,  p.  103. 
"Ibid. 

•Called  Session,  19th  G.  A.,  p.  47. 


188  H.  M.  Henry 


as 


to  include  affirmation  that  the  dealer  would  not  knowingly 
mit  such  unauthorized  sale  by  an  employe.    To  sell  whiskev 


/pet 


ee 


be 


th  i  rty 


state,72  to  get  an  adequate  interpretation  of  the  law  and  the 
policy  of  the  state  toward  the  slave  population : 


«TT 


Under  no  circumsances,  not  even  in  the  presence,  or 
by  permission,  in  writing  or  otherwise,  of  the  master,  can 
spirits  be  'sold  or  delivered/  to  a  slave,  for  his  own  use,  but 
only  for  the  use  of  the  master,  and  even  in  that  case,  the 
'owner  or  master'  must  be  present,  or  send  a  written  order, 


be 


ryl 


' 


not  confined  to  licensed  tipplers. 

"A  general,  or  indefinite,  order,  such  as  those  exhibited 
in  this  case,  is  of  no  avail.  An  order  can  cover  onlv  a 
single  transaction,  and  then  it  is  exhausted." 


It  must  have  been  common  for  slaves  to  hire  their  time 
from  their  masters,  that  is,  to  pay  their  owners  a  stated  amount 
of  money  each  week  with  the  understanding  that  the  slaves 
were  to  be  allowed  to  act  substantially  as  they  would  if  they 
were  free,  contracting  for  odd  jobs  or  working  at  some  definite 
trade.  This  removed  largely  the  responsibility  and  oversight 
of  the  master,  which  was  deemed  detrimental  to  the  welfare 
of  the  community,  since  it  lessened  wholesome  restraint  over 
the  particular  slave  and  tended  to  render  dissatisfied  other 
slaves  who  observed  the  liberty  which  such  an  arrangement 
permitted.  The  act  of  1813,78  referred  to  above,  provided  a 
penalty  of  not  less  than  five  nor  more  than  ten  dollars  on  the 
master  for  each  day  the  slave  was  allowed  to  hire  out  his 
time.  The  fines  were  reduced  ten  years  later74  to  $1  as  a 
minimum  and  $2  as  a  maximum,  and  it  was  provided,  further, 
that  one-half  the  fines  were  to  be  paid  to  the  person  prose- 
cuting the  case. 

Tennessee  was  known  as  "the  West"  at  the  opening  of  the 
nineteenth  century,  and  like  the  other  states  west  of  the  orig- 
inal thirteen  drew  upon  the  population  and  resources  of  the 
older  states.    Naturally  it  drew  upon  the  slave  supply  of  the 

it 


1st  Sess.,  26th  G.  A.,  p.  154. 
"Act  of  1842,  1st  Sess.,  24th  G.  A.,  pp.  161-2. 
"Jennings  vs.  The  State,  40  Tenn.,  521;  1859. 


"Sec.  4. 

74 


1st  Sess.,  15th  G.  A.,  p.  76,  ch.  57. 


Slave  Laics  of  Tennessee  189 


older  states.  But  this  desire  for  slave  labor  was  not  nearly 
so  keen  in  Tennessee  as  it  was  further  south.  The  natural 
surroundings  and  geography  of  the  country,  as  well  as  the 
natural  resources  in  the  eastern  part  of  the  state,  first  in  the 
order  of  settlement,  did  not  encourage  importation,  and  the 
whole  of  the  western  part  was  not  opened  until  much  later. 
Hence,  restriction  on  the  importation  of  slaves  was  early 
deemed  advisable.  A  law  prohibiting  the  importation  of  slaves 
for  sale  was  enacted  in  1812.75  Nor  was  any  person  allowed 
to  remove  with  his  slaves  into  the  state  as  a  refugee  from 
danger  on  the  outside  unless  he  should  become  a  citizen  of 
the  state.  It  may  have  been  anticipated  that  communities 
endangered  by  war  or  insurrection  might  seek  such  refuge 
with  the  purpose  of  returning  when  the  danger  had  passed, 
thereby  becoming  a  charge  on  the  community's  welfare  with 
no  personal  interest  at  stake.  It  permitted  any  person,  how- 
ever, who  intended  to  become  a  citizen  of  the  state  to  remove 
into  the  state  with  his  slaves,  provided  that  within  twenty 
days  he  appeared  before  a  justice  of  the  peace  and  took  oath 
as  to  his  intentions  and  submitted  the  names  and  descriptions 
of  the  slaves  brought  with  him.  In  like  manner  a  person 
already  a  citizen  of  the  state  was  to  be  allowed  to  import  any 
slaves  he  may  have  acquired  by  marriage  or  bequest.  Viola- 
tion of  this  law  was  punishable  by  the  public  confiscation  and 
sale  of  the  slaves. 

The  above  act  may  have  been  intended  as  an  experiment 
or  had  its  desired  effect,  for  being  enacted  for  a  period  of  five 
years  it  was  allowed  to  lapse,  and  no  new  law  took  its  place. 
Doubtless  everybody  regarded  the  spirit  of  the  act  as  binding 
and  the  legislature  neglected  to  renew  its  provisions.  Some- 
time prior  to  the  meeting  of  the  General  Assembly  in  the  fall 
of  1826,  Oliver  Simpson  brought  into  Giles  County  some  negroes 
for  sale.  They  were  seized  by  the  sheriff  who  was  soon  to 
offer  them  for  sale  under  the  provisions  of  the  act  of  1812. 
A  joint  resolution  was  passed  by  both  houses  of  the  General 
Assembly,  instructing  the  sheriff  to  suspend  action  until  fur- 
ther notice  from  the  assemblv.  A  debate  occurred  on  the 
floor  of  the  Senate  on  the  expediency  of  the  resolution,  the 
argument  being  made  that  while  the  title  of  the  act  limited 

its  operation  to  five  years  the  body  of  the  statute  did  not,76 
While  the  resolution  was  passed  by  overwhelming  majorities, 


752nd  Sess.,  9th  G.  A.,  p.  84,  ch.  85.  Duties  had  been  imposed  by 
North  Carolina  to  prevent  foreign  and  domestic  traffic,  and  in  1786 
it  was  forbidden  to  bring  slaves  from  a  state  which  had  emancipated 
all  its  slaves.     Iredell,  577,  ch.  5. 

"National  Banner  and  Nashville  Whig,  Nov.  8,  1826. 


190  H.  M.  Henry 


a  rigid  law77  embodying  the  provisions  of  the  act  of  1812  and 
still  other  restrictions  was  passed.  The  main  provisions  re- 
garding imported  slaves  were  the  same  as  before,  with  the 
exception  that  the  court  procedure  was  more  elaborate  and 
better  defined.  A  further  restriction  was  made  on  importing 
a  slave  under  any  circumstances  whatsoever  who  had  been 
convicted  in  any  other  state  or  territory  of  a  crime  the  penalty 
for  which  was  transportation.  It  also  forbade  under  a  penalty 
of  a  fine  of  $500  the  importation  of  a  free  negro  convicted  in 
any  other  state  of  a  crime  the  penalty  for  which  was  for  the 
slave  to  be  sold  into  temporary  or  permanent  slavery.  The 
Slave  Act  of  183178  imposed  the  burden  of  proof  of  innocence 
on  the  defendant  charged  with  the  violation  of  the  above  de- 
scribed law. 

This  was  the  policy  of  the  state  toward  the  domestic  slave 
trade  to  the  state  until  the  opening  of  the  western  part  of  the 
state  presented  problems  similar  to  those  in  Mississippi. 
Thereafter  an  increasing  demand  for  a  full  supply  of  labor 
called  for  less  restraint,  and  in  185379  the  General  Assembly 
repealed  the  provisions  of  the  law  of  1826,  thus  permitting  the 
sale  of  slaves  within  the  state. 

Under  the  law  of  1741,80  actually  conveying  away  a  slave 
was  deemed  a  felony  and  was  punishable  with  death.  But 
in  1829,81  for  some  reason,  the  law  was  so  changed  as  to 
make  the  penalty  from  five  to  fifteen  years  in  the  penitentiary. 
If  a  slave  was  stolen  while  a  runaway  it  was  to  be  deemed  the 
larceny  of  a  slave  if  the  master  continued  to  pursue  him.82 
Closely  akin  in  its  nature  and  effects  was  harboring  or  entic- 
ing away  of  a  slave.  Under  this  accusation  would  naturally 
come  entertainment,  encouragement,  or  assistance  to  run  away 
either  to  leave  the  community  or  the  state.  This  was  punish- 
able under  the  law  of  1741  by  a  fine  of  forty  shillings  for 
each  offense,  or,  if  the  slave  was  lost  permanently  as  the  result 
of  such  enticement,  the  fine  was  £25,  or  in  case  the  defendant 
was  unable  to  pay  he  was  to  serve  the  injured  master  five 
years.  The  fine  was  made  by  the  act  of  179983  fifty  dollars,  but 
reduced  in  180684  to  any  sum  ranging  from  ten  to  twenty 
dollars.    But  harboring,  including  such  incidents  as  enticing 

"2nd  Sess.,  16th  G.  A.,  p.  31. 


me 


Supra,  sec.  14. 
"1st  Sess.,  31st  G.  A.,  p.  71. 
"Sec.  27. 

,llst  Sess.,  18th  G.  A.,  p.  27. 
"Cash  vs.  The  State,  29  Tenn.,  Ill;  1849 
"Acts  1799,  p.  200,  No.  28. 
"2nd  Sess.,  6th  G.  A.,  p.  83,  ch.  32. 


| 


Slave  Laws  of  Tennessee  191 


away,  was,  by  another  law  of  183685  which  revised  former 
acts,  made  punishable  with  from  three  to  ten  years  in  the 
penitentiary.  The  same  act  also  provided  for  the  punishment 
of  any  person  furnishing  a  pass  to  a  slave  to  assist  in  such 
escape  with  a  similar  sentence. 

Throughout  the  slavery  regime  the  running  away  of  a 
slave  from  his  master  was  one  of  the  greatest  difficulties  that 
owners  had  to  deal  with  in  controlling  and  profitably  manag- 
ing their  slaves.  We  shall  have,  therefore,  to  peruse  the  North 
Carolina  laws,  for  not  until  1825  was  any  definite  enactment 
taken  by  the  state  of  Tennessee,  to  see  what  the  earliest  regu- 
lations were.  The  act  of  174186  provided  that  on  the  capture 
of  a  runaway  he  should  receive  thirty-nine  lashes.  If  the 
owner  was  unknown,  the  slave  was  to  be  turned  over  to  the 
sheriff,  who  should  advertise,  giving  a  full  description.  If 
after  two  months  no  owner  appeared  to  claim  the  slave  he 
was  to  be  hired  out  for  a  time  sufficient  to  pay  the  fees  in- 
cident to  his  detention  after  an  iron  collar  with  the  letters 
P.  G.  on  it  had  been  put  on  him;  and  if,  after  he  had  earned 
sufficient  to  pay  the  fees  for  his  arrest  and  detention,  no  owner 
appeared,  he  was  to  be  advertised  and  sold  at  a  public  sale. 
A  law  of  182587  provided  that  a  runaway  should  be  detained 
one  year  in  the  hope  of  finding  the  owner,  and  if  no  owner 
appeared  within  twelve  months  the  slave  was  to  be  sold  at 
public  auction  and  the  proceeds  to  go  into  the  county  treasury. 
If,  within  two  years  of  the  time  of  the  sale,  the  owner  should 
appear  and  on  the  evidence  of  creditable  witnesses  prove  the 
ownership  of  the  slave  that  had  been  sold,  the  funds  received 
for  the  slave  less  the  expenses  of  his  detention  should  be  paid 
over  to  such  owner.  An  act  of  184488  permitted  the  sheriff 
of  any  county  to  hire  to  the  officers  of  an  incorporated  town 
for  public  service  any  runaway  slaves  in  his  custody  on  the 
execution  of  a  bond  by  such  municipal  officials  in  twice  the 
value  of  each  such  slave  to  guarantee  the  safekeeping,  humane 
treatment  and  prompt  delivery  of  them.  It  is  probable  that 
in  order  to  secure  the  fees  unscrupulous  sheriffs  or  patrolmen 
would  arrest  a  slave  who  was  merely  roaming  at  large  without 
a  pass,  on  the  ground  that  he  was  a  runaway,  and  commit 
him  to  jail,  thus  entailing  needless  expense  on  the  master.89 
Had  this  not  been  the  case  there  would  have  been  little  or  no 


85 


8« 


87 


S8 


1st  Sess.,  20th  G.  A.,  p.  174. 

Definitely  repealed,  1st  Sess.,  19th  Tenn.  G.  A.,  p.  123. 

1st  Sess.,  16th  G.  A.,  p.  128. 

1st  Sess.,  25th  G.  A.,  p.  161. 


89The  jailer  received  the  usual  fee  for  prisoners  and  the  person 
arresting  received  $5  by  the  act  of  1831. 


IU'2  H.  M.  Henry 


* 

reason  for  the  act  of  185290  forbidding  sheriffs  or  the  patrol 
from  confining  runaway  negroes  in  the  county  jail  when  they 
were  found  in  the  town  or  vicinity  where  their  master  lived. 
In  this  connection  it  will  be  appropriate  to  refer  to  laws  re- 
lating to  the  transportation  of  slaves  by  common  carriers,  as 
railroads  and  steamboats,  though  this  must  not  have  con- 
tributed except  in  the  slightest  degree  to  aiding  runaway 
slaves.  By  a  Supreme  Court  decision  of  185791  it  was  held 
that  the  railroad  company,  through  its  officers,  was  bound  to 
know  that  any  slave  admitted  to  its  cars  had  the  permission 
of  his  master  to  take  the  trip.  In  case  any  slave  was  lost  to 
his  master  in  this  way  the  railway  company  could  be  held 
liable  in  -damages.  By  a  decision  in  185992  the  court  re 
fused  to  hold  the  owner  of  a  boat  liable  in  civil  damages  for 
the  loss  of  a  slave  who  probably  jumped  from  the  boat  to 
escape  and  was  drowned  when  in  the  care  of  his  master,  who 
was  also  on  the  boat.  The  court  took  occasion  to  say  that  they 
must  differ  from  the  opinion  of  Chief  Justice  Marshall,  whose 
decision  in  a  case  similar  in  some  respects93  had  held  the 
owner  of  tfce  boat  liable. 

Negro  gatherings  caused  more  anxiety  on  the  part  of  the 
whites  than  almost  anything  else.  In  such  meetings,  if  freely 
permited,  insurrectionary  plans  were  possible  and  mutual 
discontent  aroused.  At  the  same  time,  however,  it  was  felt 
by  the  white  people  that  not  only  should  such  outlet  for  their 
social  instincts  be  allowed  but  that  a  reasonable  amount  of 
such  relaxation  made  them  more  serviceable.  In  183104  a 
rigid  law  was  passed  to  define  and  regulate  such  meetings. 
It  made  any  meeting  of  slaves  not  authorized  or  permitted 
by  their  owners  or  the  person  on  whose  lands  it  was  held, 
an  unlawful  meeting,  and  made  it  the  duty  of  the  patrol  to 
break  up  such  assemblages.  It  provided  for  the  punishment 
in  the  discretion  of  the  court,  of  any  person  who  would  permit 
an  unlawful  meeting  on  his  premises.  These  provisions  are 
a  part  of  a  law  passed  at  a  time  when  there  was  considerable 
excitement  regarding  possible  slave  uprisings.  This  act  was 
interpreted  by  the  Supreme  Court  in  185895  to  mean  that  any 
such  unauthorized  meeting  was  unlawful,  whether  or  not  it 
was  accompanied  by  any  unlawful  act  or  disorderliness.  On 
the  other  hand  it  was  not  to  be  construed  as  a  prohibition  of 
such  usual  meetings  as  funerals  or  ordinary  religious  services, 

••1st  Sess.,  29th  G.  A.,  p.  120. 

"Western  &  Atlantic  Ry.  Co.  vs.  W.  D.  Fulton,  36  Tenn.,  589. 

"Scruggs  vs.  Davis,  40  Tenn.,  664. 

"Boyce  vs.  Anderson,  2  Peters,  156. 

"1st  Sess.,  19th  G.  A.,  p.  123,  ch.  103. 

"Leech  vs.  The  State.  39  Tenn..  140. 


Slave  Laws  of  Tennessee  193 


even  if  such  permission  was  not  expressly  given  but  in  the 
nature  of  the  case  was  implied.  With  a  further  view  to  pre- 
venting such  meetings  the  Code  of  1858  forbade  by  a  fine  the 
entertainment  of  a  slave  by  a  free  negro  unless  he  had  a 
pass  from  his  master  to  that  effect.96 

A  constant  fear  of  insurrection  of  slaves,  encouraged  by 
free  negroes  or  unscrupulous  whites,  was  the  nightmare  of 
the  southern  slave  owner.  By  the  law  of  174197  any  slave  or 
free  negro  concerned  in  an  insurrection  or  in  any  way  con- 
tributing to  it  was  to  be  put  to  death.  This  was  amended  by 
an  act  in  183198  so  as  to  allow  the  court  trying  the  case  to 
impose  a  less  severe  penalty  if  it  was  made  to  appear  that  the 
offense  had  extenuating  circumstances  or  was  not  worthy  of 
such  punishment.  But  again  in  185899  an  act  was  passed  mak- 
ing the  penalty  death  for  any  slave  or  free  negro  to  aid,  abet 
or  advise  insurrectionary  activities.    It  further  authorized  the 

judge  of  the  circuit  court,  on  an  allegation  of  five  responsible 
persons  of  the  belief  that  certain  negroes  were  plotting  or 

conspiring  against  the  whites,  to  call  a  special  session  of  his 
court  for  that  county,  empanel  a  grand  jury,  and  if,  after 
investigation,  a  trial  of  the  suspects  was  deemed  necessary, 
to  proceed  with  same  without  delay. 

The  subject  of  insurrection  naturally  leads  up  to  that  of 
incendiary  literature  calculated  to  incite  such  insurrection. 
A  general  act  of  1S03100  prohibited  by  a  fine  of  f  10  any  per- 
son saying  anything  in  the  presence  of  slaves  calculated  to 
induce  insurrection  or  insubordination  to  proper  authority 
on  the  part  of  such  slaves.  The  act  further  went  on  to  define 
such  improper  language.  In  1836  a  more  rigid  law  against 
incendiarism  was  enacted.101  It  provided  that  any  person 
who  should  write,  print  or  engrave  any  writing,  picture  or 
other  device,  circulate  or  have  in  possession  the  same  calcu- 
lated to  incite  discontent,  rebellion  or  insurrection,  should 
be  punished  from  five  to  ten  years'  incarceration  in  the  peni- 
tentiary, and  for  a  second  offense  the  penalty  was  to  be  doubled 
in  length.102 

*6Sec.  2732. 
"Sec.  47. 

»8 


Ml 

100 
101 


1st  Sess.,  19th  G.  A.,  p.  123,  sec.  5. 
1st  Sess.,  32nd  G.  A.,  p.  94. 
1st  Sess.,  5th  G.  A.,  p.  49. 
1st  Sess.,  21st  G.  A.,  p.  145. 


mA  painfully  careful  perusal  of  the  available  newspaper  files  of 
1835  in  Nashville  failed  to  reveal  any  mention  of  the  Amos  Dresser 
incident  referred  to  by  Professor  Hart  in  his  Slavery  and  Abolition 
(p.  236).  This  does  not,  however,  prove  that  such  summary  punish- 
ment was  not  meted  out  to  Dresser,  for  it  was  not  common  for  local 
newspapers  of  that  day  to  comment  on  such  extra  legal  proceedings. 


194  H.  M.  Henry 


In  all  of  the  southern  states  there  appeared  the  desire  by 
some  of  the  slave  owners  to  set  free  all  or  a  part  of  their 
slaves.  Apparently  the  greater  reason  for  emancipations  in 
the  earlier  days  of  slavery  was  that  the  profit  from  the  slave's 
work  was  small  and  the  service  was  often  or  usually  of  an  in- 
ferior quality,  and  failed  to  balance  with  the  cost  of  his  keep 
and  maintenance.  As  late  as  1833103  Senator  Sims  asserted 
that  the  reason  that  emancipation  was  growing  was  that  the 
cultivation  of  cotton  was  coming  to  be  unprofitable  as  an  invest- 
ment. Another  reason  was  that  many  slave  owners  wished  to 
reward  certain  of  their  slaves  for  meritorious  services.  Still 
another  reason  was  to  be  found  in  the  conscientious  scruples  of 
the  owner  as  to  the  ethical  or  religious  principle  involved  in 
slavery.  But  whatever  may  have  been  the  cause  of  the  desire 
for  emancipation,  another  consideration  was  to  be  made  be- 
fore the  slave  was  to  be  set  free,  namely,  the  interests  of  the 
community.  Most  people  of  that  time  believed,  and  with  good 
reason,  that  the  presence  of  any  considerable  number  of  free 
negroes  in  a  community  was  a  menace  to  its  peace  and  wel- 
fare. Indolence,  disorder,  theft  and  insurrection  were  among 
the  possibilities.  Consequently  the  master  was  not  allowed 
lightly  to  cast  aside  his  responsibility.  The  North  Carolina 
act  of  1741104  forbade  the  emancipation  of  any  slave  "except 
for  meritorious  services,"  and  permitted  any  slave  not  set  free 
for  such  reason  to  be  again  sold  into  slavery.  But  who  was 
to  be  the  judge  of  such  "meritorious  conduct"?  Apparently 
this  question  was  for  the  time  settled  by  the  act  of  1777,105 
which  devolved  the  judgment  of  the  worthiness  of  the  subject 
for  manumission  upon  the  county  court.  This  prerogative  was 
again  reaffirmed  in  the  court  in  1796.106  Some  doubt  as  to  the 
right  or  form  of  manumission  used  hitherto  having  arisen,  or  to 
prevent  the  reference  of  the  matter  to  the  legislature,  an  act107 
was  passed  by  the  General  Assembly  providing  that  any  owner 
desiring  to  emancipate  his  slave  should  petition  the  county 
court  to  that  effect,  which  was  empowered  to  grant  the  petition 
if  in  their  opinion  no  harm  to  the  state  would  result.  The 
owner  was  then  required  to  enter  into  bond  sufficient  to  cover 
the  expenses  in  case  the  freed  negro  became  a  charge  upon  the 
county.  A  transcript  of  the  record  was  to  be  furnished  the 
free  negro  by  the  clerk  on  payment  of  a  fee.  A  mere  verbal 
permission  to  a  slave  to  go  free  could  not  effect  his  freedom 

lmNa8hville  Republican,  Oct.  29. 

'"Sec.  56. 

103Iredell,  p.  288,  ch.  6. 

^Iredell,  p.  3  (of  that  session),  ch.  5. 


vn 


1st  Sess.,  4th  G.  A.,  ch.  27. 


Slave  Laws  of  Tennessee  195 


or  relieve  the  master  of  his  responsibility  in  regard  to  the 

slave.108 

But  this  law  did  not  prevent  the  introduction  of  bills  into 

the  legislature  seeking  special  emancipation.     Probably  the 

reason  was  to  escape  the  filing  of  a  bond  guaranteeing  that 

the  slave  would  not  become  a  charge  upon  the  county.    But  in 

each  case  varying  somewhat  in  details  only  one  exception  was 

made  as  to  giving  bond  and  that  was  in  the  case  of  a  free 

negro  man  whose  wife  and  daughter  were  set  free,  no  bond 

being  required.109 

It  often  occurred,  however,  that  a  slave  owner  desired  that 
his  slaves  be  freed  on  his  death  and  it  was  not  uncommon 
that  wills  were  made  providing  for  the  emancipation  of  the 
slaves  on  the  death  of  the  owner.     Before  any  specific  enact- 
ment by  the  General  Assembly  was  made  the  court  had  held 
that  such  a  will  was  valid.110     In  1826  a  slave  owner  in  his 
last  will  and  testament  provided  that  his  slaves  should  be  set 
free  and  that  his  property  should  be  sold  and  land  bought  in 
the  Indiana  territory  and  title  and  deed  to  same  be  vested  in 
said  free  negroes.    The  Supreme  Court  held  that  such  a  will 
was  valid.111     Such  cases  were  probably  becoming  common. 
Accordingly  with  a  view  to  systematizing  such  procedure  an 
act  was  passed  in  1829112  authorizing  the  probation  of  such 
wills  on  condition  that  the  bond  as  described  above  should 
always  be  furnished,  either  provided  for  by  the  testator  or 
the  executors  of  the  estate.     In  case  the  executors  failed  to 
take  the  necessary  steps  to  effect  such  freedom  the  slaves  in 
question,  through  a  "next  friend,"  were  enabled  to  sue  for 
their  freedom.    Or,  in  case  of  refusal,  the  chancery  court  was 
authorized  to  compel  the  executors  to  take  such  a  step.113    In- 
deed, a  slave  who  once  had  his  right  to  freedom  established 
by  a  will  could  never  be  again  held  as  a  slave.114 

About  1830  the  slave  laws  in  all  of  the  southern  states 
were  very  much  strengthened.  The  most  noticeable  change  in 
policy  toward  slavery  in  Tennessee  was  the  prohibition  in 

108James  vs.  The  State,  28  Tenn.,  308,  in  1842. 

lwFor  cases  referred  to  above  see  the  following:  Acts,  1st  Sess., 
14th  G.  A.,  129,  1829;  acts,  2nd  Sess.,  15th  G.  A.,  120,  1824;  acts, 
2nd  Sess.,  15th  G.  A.,  147,  1824;  acts,  1st  Sess.,  16th  G.  A.,  175,  1825; 
acts,  1st  Sess.,  16th  G.  A.,  353,  1825.  Other  petitions  apparently  not 
granted  may  be  noted  in  the  Nashville  Banner  and  Nashville  Whig, 
Oct.  5,  6,  Nov.  3,  1829. 

°McCutcheon  et  al.  vs.  Price  and  wife  et  al.f  4  Tenn.,  211,  1817. 
Ann  Hope  vs.  David  Johnson,  et  al.  10  Tenn.,  123. 
1st  Sess.,  18th  G.  A.,  49. 
Hinklin  vs.  Hamilton,  22  Tenn.,  569,  1842. 

Isaac  et  al.  vs.  McGill,  28  Tenn.,  616, 1848;  Laura  Jane  vs.  Hagen, 
29  Tenn.,  332,  1849;  Boon  vs.  Lancaster,  33  Tenn.,  578,  1854. 


hi 

112# 

113 
114 


196  H.  M.  Henry 


1831  of  the  emancipation  of  slaves  except  on  condition  that 
they  be  removed  from  the  state,  such  removal  to  be  guaranteed 
by  a  bond  equal  to  the  value  of  the  slave.115  Two  years  later 
an  act  was  passed  relieving  from  the  provisions110  of  the 
former  act  any  slave  who  had  already  contracted  with  his 
master  for  his  freedom.  Almost  immediately  the  court  inter- 
preted the  act  of  1831  to  permit  a  master  to  bequeath  to  his 
slaves  freedom  with  the  provision  that  they  should  be  hired 
out  by  trustees  until  a  sum  should  be  realized  sufficient  to 
defray  the  expenses  of  their  removal  to  some  state  or  country 
permitting  the  presence  of  free  negroes.117  In  1834  on  the 
refusal  of  the  executors  of  an  estate  to  secure  freedom  for 
certain  slaves  provided  for  in  the  testator's  will  suit  was 
brought  for  the  negroes  by  a  "next  friend,"  but  after  ren- 
dering a  lengthy  decision  in  which  the  whole  history  and 
policy  of  emancipation  was  reviewed  the  court  declined  to 
order  the  execution  of  the  will  regarding  the  slaves  unless  a 
guarantee  for  their  removal  from  the  state  in  accordance  with 
the  law  were  provided.118 


An  interesting  case  came  to  the  Supreme  Court  in  1835. 


110 


A  slave  owner  had  applied  to  the  county  courts  to  secure  the 
emancipation  of  his  slave  but  his  petition  was  not  granted. 
He  was  also  met  by  a  refusal  at  the  hands  of  the  legislature. 
He  then  sold  the  negro  to  another  man  on  the  condition  that 
the  purchaser  remove  with  the  slave  to  Illinois  and  there 
effect  his  emancipation,  which  was  accomplished  according 
to  the  laws  of  Illinois.  During  the  last  illness  of  the  negro's 
former  master  the  latter  out  of  gratitude  returned  to  nurse 
him.  On  the  death  of  the  white  man  whom<  the  former  slave 
had  nursed  the  negro  was  seized  by  the  executors  of  the  estate 
on  the  ground  that  he  had  been  sent  out  of  the  state  to  evade 
the  laws  of  Tennessee.  The  court  held  that  since  there  was  no 
law  to  cover  the  case  it  appeared  to  be  a  casus  omissus  and 
hence  the  emancipation  effected  in  Illinois  was  to  be  judged 
conclusive.  A  not  very  dissimilar  case  arose  in  1845120  when  an 
owner  by  will  set  his  slaves  free  in  Kentucky,  which  state  re- 
quired no  further  action  to  effect  their  freedom.  The  executors, 
however,  removed  with  them  to  Tennessee  in  order  to  hold  them 
as  slaves.  But  the  court  held  that  the  case  would  have  to  be 
determined  by  the  laws  of  Kentucky  and  hence  that  the  negroes 
could  not  be  held  in  slavery  in  Tennessee. 


IIS 

111 

111 


1st  Sess.,  19th  G.  A.,  p.  122,  sec.  2. 

1st  Sess.f  20th  G.  A.,  p.  99. 

David  et  al.  vs.  Bridgman  et  al.,  10  Tenn.,  557. 
'"Fisher's  Negroes  vs.  Dabbs,  14  Tenn.,  120. 
,wBlackmore  and  Hadley  vs.  Negro  Phil,  15  Tenn.,  452. 
,JBReuben  et  al.  vs.  Parrish.  25  Tenn..  122. 


• 


I 

i 


Slave  Laws  of  Tennessee  197 


Several  other  cases  came  to  the  highest  court  of  the  state 
within  the  following  years  which  illustrate  varied  phases  of 
slavery,  and  hence  they  will  here  be  grouped  together,  though 
they  are  not  necessarily  connected  logically.  Children  born 
to  a  slave  mother  who  had  before  their  birth  received  a 
promise  of  freedom  to  be  exercised  at  a  later  time  were  to 
be  free.121  Slaves  wrho  had  had  their  freedom  contracted  for, 
though  the  consideration  be  merely  nominal,  could  not  be 
sold  to  satisfy  a  creditor's  debt.122  In  case  an  owner  left  a 
will  providing  freedom  for  his  slaves  the  debts  against  his 
estate  could  not  be  satisfied  without  selling  the  negroes, 
the  court  held  in  1848123  that  such  negroes  should  be  hired 
out  until  such  time  as  the  earnings  of  the  negroes  could  satisfy 
the  debts  and  then  emancipation  should  take  place.  In  1842 
an  act124  was  passed  to  regulate  free  negroes,  one  section  of 
which  provided  that  a  slave  emancipated  by  a  county  court 
could  be  allowed  to  remain  in  the  state  provided  that  he 
furnish  bond  ensuring  orderliness.  In  case  the  county  court 
of  one  county  refuse  a  petition  for  emancipation  the  owner 
might  apply  to  the  court  of  another  county.125 

But  the  prevention  of  the  settlement  of  freed  negroes  in 
the  state  by  promise  of  removal  beyond  its  borders  was  not 
deemed  sufficient  guarantee  of  the  removal  of  the  dangers  of 
a  free  population,  or  just  to  the  state  so  receiving  them.126 
Hence  an  act  was  passed  in  1854127  providing  that  all  slaves 
set  free  by  the  courts  must  have  their  transportation  to  the 
western  coast  of  Africa  and  sustenance  for  six  months  there- 
after furnished,  with  the  exception  of  old  or  infirm  slaves 
whose  health  by  removal  might  be  impaired,  and  those  for 
whose  freedom  contracts  had  already  been  made.  In  case  no 
financial  provision  had  been  made  for  their  removal,  although 
having  the  benefit  of  emancipation  by  will,  the  negroes  should 
be  hired  out  until  sufficient  funds  were  thereby  acquired.128 


121 


Hartsell  vs.  George,  22  Tenn.,  255;  1842. 


112Elias  et  al.  vs.  Smith  et  al.y  25  Tenn.,  33;  1845.  See  McCloud  and 
Karnes,  Ex'rs.  vs.  Chiles  et  als.,  41  Tenn.,  248,  that  such  contract  was 
based  on  moral  grounds  and  was  termed  "emancipation  by  parole," 


owner 


IBS 


124 


128 


Harry  et  al.  vs.  Green  et  al,  28  Tenn.,  182. 

1st  Sess.,  24th  G.  A.,  p.  229. 

Case  of  F.  Gray,  28  Tenn.,  513;  1848. 


""Such  an  opinion  is  expressed  in  the  case  of  Fisher's  negroes  vs. 
Dabbs  (14  Tenn.,  120)  referred  to  above.  See  also  Boon  vs.  Lan- 
caster, 33  Tenn.,  578. 

mlst  Sess.,  30th  G.  A.,  p.  121. 

""Isaac  et  al.  vs.  McGill,  28  Tenn.,  616,  1848;  Boon  vs.  Lancaster, 
33  Tenn.,  578,  1854. 


198  H.  M.  Henry 


An  act  of  1858120  made  provision  for  the  choice  of  a  mas- 
ter  by  any  free  negro  in  case  any  such  free  negro  desired 
to  enter  slavery.  The  law  threw  around  such  action  sufficient 
guarantee  against  fraud  and  abuse,  at  least  in  so  far  as  the 
letter  of  the  law  went.  Children  of  a  free  negro  entering 
slavery  were  not  thereby  enslaved.  An  act  of  I860180  spe- 
cifically provided  that  slaves  wiio  had  been  set  free  by  will 
or  otherwise,  but  for  wrhom  no  funds  had  been  provided  to 
effect  their  transportation  to  Africa,  should  be  given  the  privi- 
lege of  choosing  a  master  and  re-entering  slavery;  a  colored 
mother  also  being  allowed  to  act  for  any  of  her  children  under 
six  years  of  age. 

In  1834  there  met  in  Nashville  a  convention  to  frame  a 
new  constitution.  It  was  to  be  expected  that  this  convention 
would  have  before  it  in  some  form  the  question  of  slavery. 
Particularly  so  since  the  apprehension  aroused  by  the  Nat 
Turner  insurrection  had  not  yet  died  out.  The  form  the  dis- 
cussion took  was  that  of  proposals  looking  to  the  gradual 
emancipation  of  the  slaves,  and  the  disfranchisement  of  the 
free  negroes  wrho  had  been  voters  until  that  time.  Memorials 
from  sixteen  out  of  sixty-two  counties  praying  for  general 
emancipation  were  laid  before  the  convention  containing  1,804 
signatures,  105  of  which  were  those  of  slave  owners  who  in 
the  aggregate  it  wras  estimated  owned  about  500  slaves.181 
Early  in  the  session  a  committee  of  twenty-six  was  appointed 
to  investigate  and  report  on  various  points,  among  which  was 
slavery.  "That  they  report  suitable  provisions  in  relation  to 
slavery  and  emancipation  in  such  a  manner  as  to  put  those 
subjects  at  rest,  never  to  be  interfered  with  by  the  legislature 
under  any  circumstances."132  Apparently,  howrever,  another 
committee  was  appointed  for  the  specific  purpose  of  dealing 
with  the  question  exclusively,133  and  by  resolution  of  May  30 
all  petitions  were  to  be  referred  to  this  committee.  On  June 
18  this  committee  submitted  a  lengthy  report.134  The  findings 
may  be  conveniently  grouped  under  four  heads.  First,  it  was 
apologetic  (not  laudatory,  as  would  be  expected)  of  the  in- 
stitution.    Secondly,   the  report  praised   the  motives  of  the 


,a,lst  Seas.,  32nd  G.  A.,  p.  55. 

,30lst  Sess.,  33rd  G.  A.,  p.  117. 

l31Journal  of  Convention,  July  9,  p.  124.  One  of  these  petitions 
from  Greene  County  carried  347  names.  Journal,  May  29,  p.  48. 
Among  the  counties  presenting  petitions  were  the  following:  Greene, 
Lincoln,  McMinn,  Knox,  Sevier,  Blount,  Robertson,  Overton. 

191  Journal,  p.  30. 

.    '"Journal,  p.  53. 

"Journal,  p.  87. 


Slave  Laws  of  Tennessee  199 


ineinoralists,  but  illustrated  the  impracticability  of  the  plan 
by  pointing  out  the  probability  that  the  masters  would  sell 
their  slaves  out  of  the  state  before  they  would  allow  them  to 
be  set  free,  and,  thirdly,  that  if  they  were  not  sold  out  of  the 
state  they  would  constitute  a  menace  to  order  within  the 
state.  Lastly,  it  called  attention  to  the  fact  that  gradual 
emancipation  and  voluntary  colonization  were  already  in 
progress  and  doubtless  would  continue  until  all  the  slaves 
were  finally  emancipated.  The  number  who  opposed  the  spirit 
and  recommendations  of  the  report  was  small,  but  they  were 
able  to  make  themselves  heard  in  further  parliamentary 
maneuvers.  An  effort  to  amend  the  report  before  its  adop- 
tion was  lost  by  a  vote  of  forty-two  to  twelve.  When  put  on 
its  final  passage  the  affirmative  was  forty-four  against  ten 
in  the  negative,  all  of  the  ten  negative  votes  being  cast  by 
delegates  from  East  Tennessee  except  one  from  Bedford 
County.  The  minority  entered  in  the  form  of  a  protest  their 
reasons  for  voting  against  the  final  adoption  of  the  report 
and  asked  that  their  reasons  be  spread  on  the  journal.135  The 
substance  of  their  objections  was  that  the  memorialists  de- 
sired more  consideration  of  their  prayer  than  had  been  allowed 
and  that  they  justly  deserved  it;  they  averred  that  slavery 
was  morally  wrong,  and  denied  that  the  condition  of  the 
free  negro  was  worse  than  that  of  the  slave;  they  cited  the 
signatures  of  slave  owners  on  the  memorials  as  evidence  that 
many  slave  owners  would  not  sell  their  slaves  out  of  the  state 
in  case  emancipation  should  be  undertaken,  but  that  on  the 
contrary  they  merely  preferred  trying  free  instead  of  slave 
labor.  Apparently  the  matter  was  recommitted  with  a  view 
to  getting  some  more  definite  facts  regarding  the  memorials. 
Their  report  submitted  on  July  9136  summed  up  the  facts  re- 
garding the  number  of  petitioners,  as  cited  above,  and  it 
deprecated  further  discussion  in  the  fear  that  it  would  stir 
up  ill  feelings.  Some  of  the  former  protesters  replied  to  this 
second  report  in  a  controversial  tone  to  maintain  their  former 
positions.137 

The  other  phase  of  the  negro  question,  that  of  the  dis- 
franchisement of  free  negroes,  was  introduced  by  a  resolution 
on  May  27138  with  this  purpose  in  view.  So  far  as  the  journal 
reveals  it,  very  little  discussion  on  this  subject  took  place  but 
what  occurred  was  on  June  26.  One  of  these  was  a  long- 
labored  philosophical  discussion  in  favor  of  disfranchisement. 

155 Journal,  p.  192. 
™ Journal,  p.  124. 
xzl  Journal,  p.  147. 
x™ Journal,  p.  37. 


200  II.  M.  Henry 


Another  a  more  practical  presentation  advocated  allowing 
those  who  already  had  the  right  of  suffrage  to  retain  it  since 
they  numbered  not  more  than  four  or  five  hundred,  the  speaker 
advocated  excluding  from  the  suffrage  those  free  negroes  who 
might  hereafter  come  into  the  state.139  By  a  vote  of  30  to  23 
the  free  negro  was  disfranchised  and  there  was  added  with- 
out dissent  the  following: 

"Provided  no  person  shall  be  disqualified  from  voting 
in  any  election  in  this  state  on  account  of  color,  who  is 
now  by  existing  laws  of  the  state  a  competent  witness  in 
a  court  of  justice  against  a  white  person." 

The  North  Carolina  laws  until  1796  had  but  little  to  say 
about  free  negroes.  These  negroes  were  probably  regarded 
as  having  much  the  same  legal  status  as  white  persons.  A 
law  of  1785140  did,  in  order  to  prevent  free  negroes  from  escap- 
ing taxation,  require  that  any  free  negro  who  entered  a  town 
should  be  registered  and  given  a  badge  with  the  word  "free" 
engraved  on  it  after  having  paid  the  tax  of  ten  shillings. 
A  free  person  of  color  not  so  complying  with  the  law  was  to 
be  treated  as  a  slave  hiring  out  his  time  unlawfully. 

In  1806141  a  law  was  enacted  which  required  every  free 
negro  to  be  registered  by  the  county  clerk  of  court  with  a 
description,  age,  and  statement  as  to  his  right  to  freedom.  A 
transcript  of  this  record  was  to  be  furnished  to  the  negro  by 
the  clerk.  If  at  any  time  the  negro  should  travel  out  of  the 
county  of  his  residence  without  this  transcript  he  might  be 
arrested  and  jailed  until  a  copy  of  the  record  of  his  freedom 
should  arrive,  the  negro  meantime  becoming  liable  for  fees 
incident  to  his  incarceration.  Another  act142  of  1807  pro- 
vided that  for  vagrancy  on  the  part  of  a  free  negro  who  was 
at  the  time  outside  of  his  home  county  he  could  be  held  after 
being  arraigned  before  a  justice  in  a  bond  of  f 250  for  his  good 
behavior.  A  free  negro  entering  the  state  from  another  state148 
was  to  be  allowed  to  register  his  free  papers  as  provided  for 
those  already  resident  in  1806. 

This  freedom  of  residence  accorded  free  negroes  from  other 
states  was  withdrawn  in  1831.144  Another  law  of  this  year 
fixed  a  penalty  of  from  $10  to  $50  fine  and  from  one  to  two 
years  in  the  state  penitentiary  for  disregard  of  this  prohibi- 
tion, the  sentence  to  be  doubled  in  case  the  negro  neglected  to 
leave  after  the  expiration  of  his  first  sentence.    This  act  was 


Journal,  p.  208,  July  31. 

""Martin's  North  Carolina  Acts,  p.  160,  sec.  10,  ch.  6. 
m2nd  Sess.,  G.  A.,  83. 
^Sess.,  G.  A.,  157. 

"•1st  Sess.,  16th  G.  A.,  p.  128,  sec.  3;  1825. 
"•1st  Sess.,  19th  G.  A.,  p.  122. 


Slave  Laics  of  Tennessee  201 


< 


slightly  modified  in  1842145  so  as  to  allow  a  free  negro  to  enter 
the  state  on  permission  of  the  county  court  of  the  county  in 
which  he  should  expect  to  reside  after  having  furnished  a  bond 
of  |500  guaranteeing  his  good  behavior  and  relief  in  case 
of  becoming  disabled.146 

To  encourage  the  emigration  of  free  negroes  from  the  state 
an  act  of  1833147  authorized  the  treasurer  of  Middle  Tennessee 
to  pay  to  the  African  Colonization  Society  $10  for  every  free 
negro  transported  from  the  state,  a  maximum  expenditure  of 
$500  for  any  one  year  being  allowed.  But  ten  years  later148 
this  law  was  repealed. 

There  were  several  acts  dealing  with  specific  cases  passed 

at  intervals  by  the  legislature.  In  1821149  three  free  negroes 
were  allowed  to  prove  their  accounts,  but  this  act  was  re- 
pealed two  years  later.  A  law  of  1827150  gave  a  legal  name 
to  a  free  negro  and  his  wife.  Another  of  1855151  provided  that 
free  negroes  in  Lauderdale  County  should  be  required  to  work 
on  the  public  roads  as  other  persons  were.  This  would  pos- 
sibly point  to  the  lack  of  such  a  requirement  in  other  counties. 
Still  another  of  1852152  authorized  the  county  clerk  of  court 
to  hire  out  free  negroes  for  disorderly  conduct. 

Perhaps  one  of  the  most  difficult  things  to  determine  in 
a  study  of  slavery  is  the  real  position  of  the  free  negro.  Was 
his  condition  better  than  that  of  the  slave?  Was  he  a  source 
of  disturbance  to  the  slave  population?  Was  his  status  and 
presence  undermining  to  the  social  and  economic  system  of 
the  South?  The  writer  has  had  occasion,  in  another  study,103 
to  say  that  he  believes  that  the  sources  are  not  entirely  re- 
liable on  this  point;  they  have  all  the  appearances  of  prejudice 
and  often  of  purposed  misrepresentation.  What  is  true  of 
the  rest  of  the  south  is  true  of  Tennessee.  However,  we  shall 
allow  a  few  quotations,  perhaps  as  free  as  any  from  this 
objection  to  speak  for  themselves.  First  two  from  the  Su- 
preme Court: 

"He  (i.  e.y  the  free  negro)  is  a  reproach  and  by-word 
with  the  slave  himself  who  taunts  his  fellow  slave  by 
telling  him  'he  is  as  worthless  as  a  free  negro.'    The  conse- 


140 


147 


143 


149 


150 


161 


15 


im 


1st  Sess.,  24th  G.  A.,  p.  229. 
1st  Sess.,  24th  G.  A.,  p.  229. 
1st  Sess.,  20th  G.  A.,  p.  76. 
1st  Sess.,  25th  G.  A.,  p.  15. 
1st  Sess.,  15th  G.  A.,  p.  246. 
1st  Sess.,  17th  G.  A.,  p.  19. 
1st  Sess.,  32nd  G.  A.,  p.  331. 
2lst  Sess.,  29th  G.  A.,  p.  237. 
The  Police  Control  of  the  Slave  in  South  Carolina,  p.  216. 


202  H.  M.  Henry 


quence  is  inevitable.  The  free  black  lives  among  us  with- 
out motive  and  without  hope."154 

"A  free  negro  is  not,  it  is  true,  a  citizen  of  full  privi- 
leges in  our  state,  but  still  he  is  a  free  person,  and  cannot 
be  punished  in  (a)  summary  mode,  both  in  his  person  and 
his  purse,  for  an  act  innocent  in  itself,  and  which  is  made 
malum  prohibitum  by  the  corporation  of  Memphis.  The  lot 
of  a  free  negro  is  hard  at  best,  resulting  from  necessity 
arising  out  of  relations  in  which  he  stands  to  his  brethren 
who  are  in  servitude,  and  it  is  both  cruel  and  useless  to 
add  to  his  troubles  by  unnecessary  and  painful  restraints 
in  the  use  of  such  liberty  as  is  allowed  him.  He  must  live 
and  in  order  to  do  so  he  must  work."155 

"In  (my)  section  the  residence  of  free  blacks  was  an 
evil.  It  was  not  only  corrupting  the  slave  population,  but 
the  free  blacks  wrere  forming  associations  with  a  certain 

class  of  white  people  that  was  disgusting  and  a  curse  to 
the  country.156 

"The  free  negroes  in  slave-holding  sections  are  a  curse 
to  society — they  are  a  degraded  debased  race.  They  are 
too  lazy  to  work,  and  in  general  get  their  living  by  dis- 
honest means.  In  the  district  which  I  represent  there 
are  many  free  blacks,  and  I  do  not  know  one  respectable 
one.  I  can  say  from  my  certain  knowledge  that  a  great 
number  get  their  living  by  becoming  the  receivers  and 
venders  of  stolen  goods  which  they  have  induced  the  slave 
to  pilfer  from  his  master."157 

This  summary  limited  as  it  is  to  the  results  of  an  examina- 
tion of  statute  law  and  judicial  interpretation  will  perhaps  not 
justify  too  certain  generalizations  as  to  the  system  of  slavery 
as  it  appeared  in  Tennessee.  An  appropriate  sequel  to  this 
study  would  be  based  on  an  industrious  and  patient  investiga- 
tion of  the  court  records,  newspapers,  legislative  petitions  and 
the  census  reports.  Some  observations  may  be  ventured,  how- 
ever, as  suggestions  towards  further  study.  First,  slavery  was 
an  important  element  in  the  political  sectionalism  which 
marked  Tennessee.  There  was  a  decided  sentiment  in  some  of 
the  eastern  counties  for  emancipation,  while,  with  the  extension 
of  settlements  to  the  west,  a  strong  sentiment  for  slavery  was 
developed.     Secondly,   this  hostility  towards  slavery,  or,  at 

1MFisher's  Negroes  vs.  Dabbs,  14  Tenn.,  120. 


IS-v 


Winfield 


™*  Nashville  Republ 


I5T 


'Nashville  Republican,  Oct.  29,  1833.     Debate  in  Senate  of  Octo- 
ber 23. 


Slave  Laws  of  Tennessee  203 


least,  this  lack  of  enthusiasm  for  it,  served  to  prevent  the  en- 
actment of  a  harsh  code  and  to  produce  a  milder  attitude 
toward  the  slaves.  This  is  to  be  seen,  for  instance,  in  the  safe- 
guarding of  the  criminal  trials  of  negroes.  Thirdly,  it  is 
shown  that  from  1830  to  1860  there  was  a  constant  drift 
towards  a  hard  and  fast  industrial  and  social  system  of  slavery 
which  caused  the  state  to  be  quickly  aligned  with  such  slave 
states  as  South  Carolina,  Georgia,  or  Mississippi  and  which 
left  the  eastern  counties,  with  their  smaller  slave  population, 
out  of  sympathy  politically  with  the  middle  and  western  coun- 
ties. Finally,  a  thorough  study  of  slavery  in  Tennessee  would 
probably  illustrate  all  the  most  varied  conditions  of  slavery  as 
that  institution  appeared  in  any  state  in  the  Union. 


H.  M.  Henry. 


Emory  and  Henry  College. 


ANDREW  GREER. 


The  historical  interest  that  attaches  to  the  first  settlers 
of  Tennessee,  especially  those  on  the  Watauga,  afford  suffi- 
cient ground  for  putting  on  record  in  the  Tennessee  His 
torical  Magazine  something  about  Andrew  Greer.  The  pres- 
ent time  is  opportune  in  view  of  the  fact  that  Andrew  Greer 
was  the  father  of  Joseph  Greer,  the  subject  of  an  interesting 
sketch  in  the  March   (1916)   number  of  this  journal.1 

Ramsey  says  in  the  Annals  of  Tennessee  that  "Andrew 
Greer  was  an  Indian  trader,  and  at  a  very  early  period,  per- 
haps 1766,  came  with  Julius  Dugger  to  the  West";  and  that 
"Andrew  Greer  was  one  of  the  first  if  not  the  very  first  settler 
of  Watauga."  This  statement  as  to  the  time  of  his  coming 
west  is  corroborated  by  a  record  in  the  register's  office, 
Charlottesville,  Virginia,  showing  that  Andrew  Greer,  Sep- 
tember 11,  1776,  sold  his  land  in  Albemarle  County.  This 
land  was  conveyed  to  Jeremiah  Warder  and  Richard  Parker, 
merchants  of  Philadelphia,  Pa.  According  to  the  Rev.  Edgar 
Woods2  this  sale  was  made,  probably  in  liquidation  of  his 
debts  as  a  merchant  in  that  vicinity. 

Andrew  Greer  was  the  son  of  Alexander  Greer  of  Gaugh- 
waugher  (?)  Ireland  (probably  Garvagh,  Londonderry 
County).  The  tradition  is  that  he  came  to  America  with  two 
brothers  and  settled  in  the  vicinity  of  Philadelphia.  Leaving 
his  brothers  in  Pennsylvania,  he  came  to  Virginia  and  lived 
for  a  time  at  Staunton,  Augusta  County,  Virginia.  Certain  it 
is  that  he  was  a  resident  of  Albemarle  County  in  1758  as  he 
was  then  a  sergeant  in  an  "Albemarle  company  of  militia 
lately  in  active  service  for  the  defense  and  protection  of  the 
frontier  against  the  Indians."8  In  the  year  1834  or  1835 
Michael  Woods  came  from  Lancaster  County,  Pennsylvania, 
with  several  families  into  what  is  now  Albemarle  County, 
Virginia.  The  Kincaid  or  Kinkead  family  was  one  of  these. 
There  were  three  brothers,  David,  Joseph  and  James.  They 
settled  in  the  western  part  of  the  county,  on  Medium's  river. 
Andrew  Greer,  about  the  year  1751,  married  Ruth,  daughter 
of  Joseph  Kincaid.  Their  children  were  Alexander,  born  in 
1752,  Joseph,  born  in  1754;  Andrew,  born  in  1756,  and  Ruth, 
born  in  1768. 

"Watauga  Old  Fields,"  says  Ramsey,  "occupied  the  site 

"Vol.  2,  pp.  40  ft. 

1  History  of  Albemarle  County,  Virginia. 

'Hening's  Statutes,  VII,  203. 


Andrew  Greer  205 


of  the  present  Elizabethton,  in  Carter  County.  Tradition  says 
it  was  once  an  ancient  Indian  village,  of  which,  when  Mr. 
Andrew  Greer,  an  early  hunter  and  explorer,  first  settled  it, 
no  trace  remained  but  the  cleared  land."  Julius  Dugger,  who 
came  to  the  West  with  Greer,  settled  at  a  place  afterwards 
known  as  Bugger's  Bridge,  fourteen  miles  up  the  Watauga 
from  Elizabethton.  "They  are  believed,"  says  Ramsey,  "to  be 
the  first  white  men  that  settled  south  of  what  was  afterwards 
ascertained  to  be  the  Virginia  line.  After  them  came  the 
Robertsons,  John  Carter,  Michael  Hyder,  the  Seviers,  Dun- 
jains,  McNabbs,  Matthew  Talbot,  the  Hortons,  McLinns  and 
Simeon  Bundy.  Soon  after  the  arrival  on  the  Watauga  of 
the  emigrants  above  named,  came  the  Beans,  the  Cobbs,  and 
the  Webbs,  and,  subsequently,  the  Tiptons  and  the  Taylors." 

It  is  probable  that  Andrew  Greer  did  not  bring  his  family 
to  Watauga  at  this  time,  but  built  a  hunting  lodge  as  head- 
quarters, traded  in  furs  with  the  Indians,  and  made  periodical 
trips  to  the  home  place  in  Virginia.  Some  others  began  to 
come  from  that  vicinity  to  the  settlements  on  the  Holston  and 
Watauga — perhaps  some  of  them  influenced  more  or  less  by 
his  account  of  the  new  country.  Among  those  who  came  at 
an  early  date  were  Valentine  Sevier,  from  Augusta  County, 
who  stopped  for  a  season  on  the  Holston,  then  settled  on  the 
Watauga  a  mile  or  two  below  the  site  of  Elizabethton,  and 
Matthew  Talbot,  of  Bedford  County,  who  settled  below  Syca- 

* 

more  Shoals  on  or  near  the  site  of  the  Watauga  fort. 

Ruth  Kincaid,  wife  of  Andrew  Greer,  died  about  1770,  it 
is  supposed.  Her  father,  Joseph  Kincaid,  died  in  1774.  Then 
in  1775  Joseph  Greer  joined  his  father  on  the  Watauga.  That 
the  other  members  of  the  family  went  with  him  or  had  gone 
there  previously  is  inferred  from  the  fact  that  the  names  of 
Andrew,  Alexander,  Joseph  and  Andrew  Greer,  Jr.,  all  ap- 
pear among  the  signatures  to  the  "petition  and  remonstrance" 
of  1775  or  1776,  in  which  the  inhabitants  of  the  Washington 
district  ask,  among  other  things,  to  be  annexed  to  North 
Carolina. 

Ramsey  gives  the  following  account  of  what  he  says  was 
the  commencement  of  Cherokee  hostility  in  1775:  "Andrew 
Greer,  being  in  the  Cherokee  towns,  suspected  from  the  con- 
duct of  Walker  and  another  trader  that  some  mischief  was 
intended  against  him.  He  returned  with  his  furs,  but  left 
the  main  trading  path  and  came  up  the  Nollichucky  Trace. 
Boyd  and  Dogget,  who  had  been  sent  out  by  Virginia,  travel- 
ing on  the  path  that  Greer  left,  were  met  by  the  Indians  near 
a  creek.  The  creek  is  in  Sevier  County,  and  has  ever  since 
been  known  as  Boyd's  Creek.    A  watch  and  other  articles  were 


2015  ./.  T.  McGill 


afterwards  fouiid  in  the  creek.  The  watch  had  Boyd's  name 
engraved  on  the  case.    He  was  a  Scotch  man." 

The  next  year  the  Cherokees  made  an  attack  upon  the 
settlements.  One  division,  led  by  Dragging  Canoe,  attacking 
the  Holston  settlement,  was  met  and  defeated  at  the  Island 
Flats  near  Long  Island  of  the  South  Fork  of  the  Holston. 
The  other  division,  under  the  command  of  Old  Abraham,  in- 
vested and  attacked  the  fort  at  Watauga.  "Captain  James 
Robertson  commanded  the  forces  at  Watauga,  amounting  in 
all  to  but  forty  men.  Lieutenant  John  Sevier  and  Andrew 
Greer  were  also  present."  The  families  of  the  settlers  had 
been  brought  within  the  enclosure  for  protection.  Mrs.  Bean 
was  captured  by  the  Indians,  and  Catherine  Sherrill,  who 
became  the  wife  of  John  Sevier,  is  said  to  have  narrowly 
escaped  capture  at  the  opening  of  the  attack  by  a  thrilling 
run  to  the  fort.  The  Indians  continued  before  the  fort  for 
six  days,  abandoning  the  siege  on  the  approach  of  troops  com- 
ing to  the  relief  of  the  besieged  garrison. 

The  District  of  Washington,  which  at  that  time  embraced 
all  the  territory  now  in  the  State  of  Tennessee,  was  annexed 
by  the  Legislature  to  North  Carolina  in  1776.  The  Court  of 
Pleas  and  Quarter  Sessions  for  the  district  was  established 
by  the  Legislature  in  1777,  and  twenty-five  magistrates  were 
appointed  by  the  governor.  Andrew  Greer  was  one  of  these. 
He  was  present  at  the  first  meeting  of  the  court  February  23, 
1778,  which  was  held  at  the  house  of  Charles  Robertson,  one 
of  the  magistrates;  and  he  served  as  a  member  of  this  court 
continuously,  or  nearly  so,  until  1796.  In  1780  he  was  appointed 

by  the  court  as  one  of  the  judges  to  examine  the  different 
kinds  of  currency  and  coins  in  circulation  in  order  to  detect 
and  prevent  frauds  and  impositions.  He  was  collector  of  the 
public  and  county  taxes  for  the  year  1783.  When  Carter 
County  was  established  by  the  Legislature  in  1796  he  was 
appointed  one  of  the  commissioners  to  select  the  site  for  the 
court  house  and  to  erect  county  buildings.  From  that  time 
until  his  death  in  1806  he  took  an  active  part  in  the  admin- 
istration of  public  affairs  in  that  county. 

It  was  with  Andrew  Greer  that  John  Sevier  came  to  the 
West  from  Virginia,  according  to  a  tradition  in  the  Greer 
family.  Greer  was  a  friend  and  supporter  of  Sevier.  He 
was  riding  with  him  at  the  time  when  Andrew  Jackson  met 
Sevier  on  the  road  between  Knoxville  and  Southwest  Point,4 
threatened  to  shoot  him,  and  desisted  from  his  purpose  only 
when  he  became  convinced  that  Sevier  was  unarmed. 

Andrew  Greer  married  a  second  time.     His  second  wife 

'Kingston. 


Andrew  Greer  207 


was  Mary  Vance.  The  children  of  this  marriage  were  Thomas, 
John,  Vance,  Margery,  Jane,  and  Polly.  His  children  all 
removed  to  Middle  Tennessee  before  or  after  his  death  in 
the  fall  of  1806.  All  of  them  married.  Hundreds  of  his  de- 
scendants are  now  living  in  Tennessee.  He  purchased  or  re- 
ceived for  military  service  fifteen  hundred  acres  of  land  in 
Lincoln  County,  Tennessee,  but  he  never  left  the  Watauga. 
He  had  exercised  good  judgment  and  taste  in  selecting  a  loca- 
tion fronting  on  the  Watauga  River,  with  the  Holston  Moun- 
tain as  a  background,  in  the  upper  end  of  what  Governor 
Robert  L.  Taylor  named  the  Happy  Valley.  He  possessed 
at  one  time  all  or  nearly  all  the  lands  along  the  river  on  the 
north  side,  extending  up  the  river  three  or  four  miles  from 
the  Tumbling  Shoals  at  Elizabethton.  Part  of  the  property, 
near  Elizabethton,  which  he  sold  in  1797,  became  the  Stover 
place,  where  President  Andrew  Johnson  died,  at  the  home 
of  his  daughter,  Mrs.  Stover.  One  thousand  acres  which 
he  reserved  as  a  homestead  was  sold  by  his  heirs  to  John 
Nave.  Mrs.  Sharp,  a  granddaughter  of  John  Nave,  who  lives 
on  the  place,  pointed  out  to  the  writer  the  site  of  the  residence 
of  Andrew  Greer  in  a  very  old  apple  orchard  near  the  bank 
of  the  river.  His  grave  could  not  be  found ;  but  it  is  supposed 
that  he  was  buried  at  the  upper  end  of  the  place,  near  the 
mouth  of  Stoney  Creek  in  an  old  cemetery  that  was  obliterated 
by  the  high  waters  of  the  Watauga  River  in  1910. 

Vanderbilt  University.     .  John  T.  McGill. 


DOCUMENTS. 


Papers  of  Major  John  P.  Heiss. 

(Second  Instalment.) 

INTRODUCTION. 

As  stated  in  the  introduction  to  the  first  instalment  of  the 
Heiss  Papers,1  Major  Heiss,  in  1845,  was  associated  with 
Thomas  Ritchie  of  Virginia,  editor  for  many  years  of  the  Rich- 
mond Enquirer,  in  the  founding  of  the  Washington  Union,  the 
"organ"  of  the  administration  of  James  K.  Polk.  With  the 
Union  and  its  business  affairs,  the  first  part  of  the  second 
instalment  has  to  do.  The  later  papers  of  this  instalment  are 
of  a  miscellaneous  character. 

From  the  time  of  Polk's  nomination,  and  particularly  after 
his  election  was  known  to  be  a  fact,  the  choice  of  a  government 
organ  perplexed  Polk  and  afforded  opportunity  for  speculation 
on  the  part  of  both  his  friends  and  his  enemies.  Like  the 
larger  question  of  the  selection  of  his  cabinet,  this  constituted 
a  part  of  the  problem  of  reuniting  the  Democratic  party,2  after 
the  strain  that  had  been  put  upon  it  through  the  disappoint- 
ment of,  first,  Calhoun,  and  later  Van  Buren.  Implacably 
hostile  to  Calhoun  was  Benton  of  Missouri,  a  power  in  the 
Senate,  to  which  body  Calhoun  also  returned.  How  to  preserve 
the  peace  between  these  men  and  their  respective  followers 
without  a  surrender  to  either  faction  was  perhaps  the  chief 
task  of  domestic  policy  that  confronted  Polk.  In  the  matter 
of  the  cabinet  the  existence  of  a  number  of  offices  made  possible 
some  sectional  and  factional  distribution.  If  Polk's  course  in 
this  respect  is  to  be  criticised,  it  is  not  because  Polk  identified 
himself  with  any  one  group,  but  because  he  tried  to  satisfy  all 
groups  instead  of  using  his  patronage  to  bind  men  to  himself. 
Of  course,  the  circumstances  of  his  nomination  had  made  this 
latter  procedure  peculiarly  difficult.  As  to  the  newspaper, 
however,  there  could  be  only  one,  and  there  was  already  en- 
trenched the  Globe,  long  the  representative  of  the  Jackson  dem- 
ocrat, while  the  Madisonian  represented  the  followers  of  John 
Tyler,  the  Constitution  favored  Calhoun,  and  the  Intelligencer 
upheld  the  cause  of  Clay.  The  Globe,  however,  under  the  man- 
agement of  Francis  P.  Blair  and  John  C.  Rives,  the  former  one 
of  Jackson's  oldest  and  most  faithful  friends,  had  long  been 

1In  the  preceding  number  of  the  Magazine,  Vol.  2,  No.  2,  June,  1916,  pp.  137ft. 

2Cp.  Madisonian,  Jan.  24,  Mar.  14,  28,  Apr.  7,  11,  1845;  Martin  Van  Buren  to 
James  K.  Polk,  January  18,  1845;  P^lk  Papers,  Division  of  Mss.,  Library  of  Con- 
gress: Cave  Johnson  to  Polk,  December  6,  1844,  ibid.:  F.  W.  Pickens  to  Calhoun, 
Apr.  17,  1845;  J.  F.  Jameson,  (ed.),  Correspondence  of  John  C.  Calhoun,  p.  1029: 
J.   S.   Barbour  to  Calhoun,  ibid.,  p.   1036.     W.  A.  Harris  to  Calhoun,  JHLj  p.   1038. 


Heiss  Papers  209 


devoted  to  Martin  Van  Buren,  and  bad  thereby  won  the  dislike 
of  the  southern  element  of  the  party.  Within  a  month  after 
his  election  Polk  and  his  mentor,  Cave  Johnson,  were  in  cor- 
respondence concerning  the  selection  of  a  new  editor  for  the 
Globe,  and  the  names  of  Andrew  J.  Donelson,  Andrew  Jack- 
son's nephew  by  marriage,  E.  Burke  of  New  Hampshire,  and 

Thomas  Ritchie  of  Virginia,  were  mentioned  by  one  person  or 

another.3 

Although  General  Jackson,  from  the  moment  that  Van 
Buren's  Hammett  letter  appeared,  had  made  up  his  mind  that 
Van  Buren  was  no  longer  available  for  the  Democratic  nomi- 
nation, the  knowledge  that  Blair,  too,  was  the  subject  of  dis- 
favor and  was  threatened  in  his  position  as  editorial  spokes- 
man of  the  party,  stirred  the  old  general,  now  in  his  last  illness, 
to  great  regret  and  indignation.  Polk,  as  he  proceeded  in  his 
course  against  Blair,  faithfully  reported  to  eJackson  his  actions 
in  this  as  in  other  respects;  and  Blair,  too,  kept  in  close  cor- 
respondence with  the  Hermitage.4  In  April,  1845,  as  the  matter 
was  reaching  its  crisis,  Major  William  B.  Lewis,  who,  after 
long  enjoyment  of  office,  had  just  been  removed  by  Polk,  wrote 
to  Jackson  for  consolation.  A  part  of  one  of  Jackson's  letters, 
in  reply  to  Lewis,  dated  April  8,  1845,  was  published  by  Lewis 
in  the  Nashville  Banner*  in  July.  This  letter  stated  what  Jack- 
son had  heard,  and  his  conclusions,  with  regard  to  the  Globe. 
As  published  by  Lewis  certain  names  in  the  letter  were  sup- 
pressed, the  letters  in  each  name  being  indicated  by  asterisks. 
To  this  publication  the  first  numbers  of  the  present  instalment 
of  the  Heiss  papers  refer.  The  humorists  spoke  of  this  letter 
as  an  "astrological"  affair,  but  to  several  politicians  it  was 
a  matter  of  little  jest. 

Public  curiosity  was  aroused  as  to  two  phases  of  the  matter: 
first,  the  influences  that  led  to  the  change  in  the  organ;  sec- 
ondly, the  source  of  the  money  that  was  necessary  for  the  pur- 
chase of  the  Globe.  At  the  time  this  curiosity  was  not  fully 
satisfied,  for  the  old  newspaper  came  to  an  end  and  the  new 
one  began  its  career  with  dignity,  and  the  respective  owners 
and  proprietors  exchanged  compliments  in  friendly  fashion.6 
But  a  few  years  later,  in  1850-1851,  a  quarrel  over  the  public 
printing — in  its  technical  details  of  very  little  interest — re- 
sulted in  the  airing  by  Blair  and  Rives  on  the  one  hand  and  by 
Ritchie  on  the  other  of  their  respective  accounts  of  the  circum- 

3Cave  Johnson  to  Polk,  December  6,  12,  14,  20,  26,  1844,  January  2,  5,  11,  13,  18, 
1845;  Polk  Papers.  Polk  to  Johnson,  December  21,  1844,  in  "Polk-Johnson  Letters, 
1833-1848,"  Tennessee  Historical  Magazine,  Vol.   1,  No.  3,  September,   191 5,  p.  204. 

4Polk  to  Jackson,  March  17,  26,  1845;  F.  P.  Blair  to  Jackson,  March  24,  1845; 
Jackson   Papers,   Division   of   Mss.,    Library   of   Congress. 

3July  9,  1845;  see  below,  docs.  nos.  1  and  2,  and  notes  37  and  39. 

*Globe,  April  14,  30,  1845;  Union,  May  1,  1845.  For  a  contemporary  account 
of  the  transfer  see  Ni/es'  Register,  vol.  68,  pp.   153,   154,  May  10,   1845. 


210  Documents 


stances  which  had  attended  the  beginnings  of  the  Union.7  In 
1856  Blair  again  told  his  side  of  the  story.8  Finally  Thomas 
Hart  Benton,  the  enemy  of  Calhoun  and  a  severe  critic  of  Polk, 
gathered  up  the  charges  of  Blair  and  Rives  and  published  them, 
with  elaborations  of  his  own,  as  history,  in  his  Thirty  Years' 
View.9  In  a  recent  work  Professor  C.  H.  Ambler,  the  biog- 
rapher of  Ritchie,  accepts  the  main  outline  of  the  Blair-Benton 
story.10  While  perhaps  not  of  fundamental  importance,  the 
story  in  its  evolution  affords  sufficient  interest  to  justify  some 
critical  investigation. 

Benton  said  that  the  destruction  of  the  Olobe  arose  from 
two  circumstances:  First,  in  the  summer  of  1844,  after  Polk's 
nomination,  a  friend  of  Calhoun  visited  Polk  and  insisted  upon 
the  deposition  of  Blair  as  editor  if  the  support  of  South  Caro- 
lina in  the  election  was  desired  by  Polk.  Secondly,  President 
Tyler,  nominated  for  re-election  by  a  convention  of  his  own 
friends,  made  the  retirement  of  Blair  a  condition  for  his  own 
withdrawal  from  the  presidential  race.  Thus  from  two  external 
sources  the  overthrow  of  Blair  was  demanded.  The  chief  agent 
in  the  intrigue,  according  to  Benton,  was  Robert  J.  Walker  of 
Mississippi,  who  became  Polk's  secretary  of  the  treasury. 

The  friend  of  Calhoun,  to  whom  Benton  refers,  was  un- 
doubtedly F.  W.  Pickens  of  South  Carolina,  who  visited  Polk 
in  1844  and  reported  to  Calhoun  the  details  of  their  conversa- 
tion. In  this  confidential  letter11  Pickens  stressed  the  follow- 
ing points:  (1)  the  tariff,  (2)  economy  in  the  administration 
of  public  affairs,  (3)  the  annexation  of  Texas,  (4)  the  fact  that 
Polk  seemed  to  be  free  from  the  domination  of  the  New  York 
managers.  He  wrote  not  a  word  which  would  support  Benton's 
statement  that  the  destruction  of  the  Olobe  was  the  condition 
of  South  Carolina's  support;  and,  while  the  argument  from 
silence  is  never  conclusive,  in  this  case  it  would  seem  nearly 
so,  particularly  as  the  letters  written  to  Calhoun  and  by  him, 
after  the  change  had  been  made,  give  no  evidence  that  would 
retroactively  lend  color  to  Benton's  charge.  On  the  contrary, 
a  henchman  of  Calhoun,  complaining  of  Polk's  surrender  to  the 
northern  Democrats,  stated  that  Ritchie  and  Heiss  could  not 
get  the  public  printing  until  Van  Ness,  a  Calhoun  man,  had 
been  removed  from  office  by  Polk.12 

The  allegation  that  John  Tyler,  also,  took  part  in  forcing 

1Daily  Globe,  November  and  December,  1850,  and  January,  185 1.  especially  No- 
vember 26,  December  17,  24,  31,  1850,  and  Jan.  16,  24,  185 1.  Union,  the  same 
months,  especially  December  24,  1850,  January  2,   15,   1851. 

•L.  G.  Tyler,  Letters  and  Times  of  the  Tylers,  vol.  2,  pp.  413-416. 

•Vol.  2,  ch.  cli. 

1%T  homos  Ritchie,  A  Study  in  Virginia  Politics,  chaps.  9,  II. 

nCalhoun  Correspondence,  pp.  968ff. 

l*E.  g.,  Calhoun  to  T.  G.  Clemson,  ibid.,  pp.  652(1. 


Heiss  Papers  211 

the  withdrawal  of  Blair  and  Rives  was  specifically  denied  by 
Tyler  himself,13  who,  unlike  Jackson,  Polk,  and  Calhoun,  was 
still  alive  when  the  charge  was  made.  The  contemporary  docu- 
ments, now  available  to  the  student,  lend  no  support  to  Ben- 
ton's statement.  On  the  contrary,  if  there  was  any  condition 
which  Tyler  laid  down  for  his  retirement,  it  was  that  his 
friends  in  office  should  not  be  persecuted  by  Polk  if  the  latter 
were  elected ;  and  to  this  pledge,  Tyler  later  thought,  Polk  did 
not  live  up.  Letters  of  R.  J.  Walker,  Polk,  and  Jackson  show 
that  Jackson  himself  urged  withdrawal  upon  Tyler.14  There 
was  indeed  complaint  of  Blair's  attacks  on  Tyler's  administra- 
tion, as  constituting  a  hindrance  to  the  rapprochement.  But 
there  was  no  pledge  to  Tyler  that  Blair  should  be  displaced. 

Over  and  above  the  dislike  of  Blair  by  the  whole  southern 
Democracy,  a  wholly  sufficient  cause  for  the  change  is  found 
in  Polk's  own  feelings  on  the  subject.  Blair  had  incurred  the 
personal  enmity  of  Polk,  having  on  more  than  one  occasion  in 
Polk's  career,  either  openly  snubbed  or  at  least  passively 
neglected  the  Tennessean  who  was  now  to  be  president.  With 
this  feeling  Polk  easily  combined  the  belief  that  Blair  could  not 
unite  the  factions  of  the  party.  This  position  Polk  stated  to 
Jackson15  and  indeed  to  some  extent  to  Blair  himself,  and  he 
has  confided  a  full  expression  of  it  to  the  pages  of  his  Diary.1 
If  there  was  one  course,  wise  or  foolish,  which  Polk  himself 
determined,  it  was  the  removal  of  Francis  P.  Blair. 

We  are  thus  brought  to  the  second  topic  which  exercised 
the  curiosity  of  poltical  observers, — the  source  of  the  funds 
with  which  Ritchie  and  Heiss,  neither  of  whom  were  men  of 
wealth,  purchased  the  Globe  and  established  the  Union.  The 
Blair-Rives-Benton  version  was  somewhat  as  follows:  Simon 
Cameron,  elected  senator  from  Pennsylvania  in  1845,  had  ob- 
tained from  Bibb,  Tyler's  secretary  of  the  treasury,  the  deposit 
in  the  bank  of  Middletown,  Pennsylvania, — controlled  by 
Cameron  himself, — of  $50,000  of  the  funds  of  the  United  States, 
which  sum  was  allowed  to  remain  there  for  two  years  or  more 
by  Robert  J.  Walker,  secretary  of  the  treasury  under  Polk. 
This  money  was  advanced  by  Cameron  to  pay  the  instalments 
on  the  purchase  of  the  Globe.  Again,  Robert  J.  Walker  was 
charged  with  the  responsibility  for  the  matter. 

lzUnion,  January    15,    1851;   Tyler,   op.    cit.,   pp.   406ft. 

"Walker's  letter,  addressed  to  James  K.  Polk,  written  from  Washington  July  10, 
1844,  is  in  Tyler,  op.  cit.,  vol.  3,  p.  139.  In  this  he  suggested  that  Jackson  write  a 
letter  to  be  shown  to  Tyler.  July  it,  Walker  wrote  again,  saying  that  he  had  seen 
a  private  letter  written  by  Jackson  to  one  of  his  friends,  but  that  this  would  not  do 
to  show  Tyler  because  it  spoke  of  Thomas  Hart  Benton  as  being  crazy. 

15Polk  to  Jackson,  March  17,  26,  1845.     Jackson  Papers. 

16Cp.  the  versions  of  the  conversation  between  Blair  and  Polk  given  by  each; 
Blair  to  Jackson,  March  24,  1845,  Polk  to  Jackson,  March  26,  1845,  Jackson  Papers. 
See  also  M.  M.  Quaife,  (ed.),  The  Diary  of  Jamed  K.  Polk,  vol.  1,  p.  357,  where 
Polk  relates  what  he  told  Senator  Allen  about  Blair. 


6 


212  Documents 


In  the  controversy  of  1850-1851  and  again  in  1856  ex- Pres- 
ident Tyler  scornfully  repudiated  the  slightest  cognizance  of 
such  an  affair.17  R.  J.  Walker,  when  the  matter  was  published 
by  Rives,  circumstantially  denied  any  collusion  on  his  part 
with  regard  to  the  funds  in  the  Middletown  bank.  Ritchie 
frankly  told  all  that  he  knew  about  the  financial  side,  which,  he 
said,  was  very  little,  but  he  denounced  Rives'  charges.18  Major 
Heiss,  whose  name  as  that  of  the  partner  of  Ritchie  had  of 
course  been  brought  into  the  matter,  wrote,  as  to  Cameron, 
"We  never  received  one  dollar  from  him  as  a  loan,  nor  did  he 
advance  one  dollar  toward  the  purchase  of  the  Globe  news- 
paper."1* Beyond  this  Heiss  was  uncommunicative.  Ritchie 
said:  "To  this  day  Major  Heiss  never  informed  us  from  what 
source  he  derived  his  funds  for  paying  the  instalments  of  the 
Globe.  He  has  delicately,  but  firmly,  declined  to  inform  us, 
though  we  have  recently  published  the  assertion,  on  his  author- 
ity, that  he  did  not  obtain  the  money  from  Mr.  Cameron."20 

But  despite  such  categorical  statements  the  question  is  not 
easily  solved.  In  the  controversy  with  Ritchie  in  1850-51  Rives, 
who  had  re-established  the  Globe,  in  1848  published  several 
letters,  or  extracts  from  letters,  of  Jackson  to  Blair,  of  which 
one,  written  April  9,  1845,  was  almost  identical  in  substance 
and  phrasing  with  the  letter  to  Lewis  of  the  day  before.  Rives 
published  most  of  the  names.21  In  the  chapter  in  his  Thirty 
Years'  View  Benton  again  published  extracts  from  these  letters, 
but  a  comparison  with  the  originals,  now  in  the  Division  of 
Manuscripts  in  the  Library  of  Congress,  shows  that  Benton 
took  very  great  liberties  with  the  text,  making  omissions  to 
suit  himself.  In  these  letters  of  April  8  and  9  General  Jackson 
referred  to  Cameron  as  a  "renegade  politician"  and  a  "bankrupt 
in  politics"  who  boasts  of  his  $50,000  to  set  up  a  new  paper. 
He  inquired  also  with  reference  to  the  intrigue  against  Blair 
whether  any  part  in  it  was  taken  by  Major  Walker  of  Columbia 
or  by  Dr.  William  Gwinn,  "the  satelite  of  Calhoun,  the  great 
friend  of  R.  J.  Walker,  Sec.  of  the  Treasury,  a  perfect  bankrupt 
in  property."  On  April  17  Blair  wrote  to  Jackson  giving  the 
first  statement  of  the  Middletown  bank  story.  Before  Tyler 
went  out  a  treasury  deposit  of  f  50,000  was  made  in  Cameron's 
Middletown  bank  and  then  Cameron  made  a  conditional  pur- 

17 Sec  the  letter  cited  above,  note   13. 

l*Union,  January  15,  1851. 

uUnion,  ibid.     This  letter  of  Heiss  was  dated  September  7,  1850. 

20 Union,  January  2,   1851. 

"The  originals  of  these  letters  to  Blair  are  to  be  found  in  the  Jackson  Papers, 
Division  of  Mss.,  Library  of  Congress.  They  are  parts  of  a  long  series  of  the  fol- 
lowing dates,  Nov.  18,  29,*  Dec.  14,*  21,*  1844,  Jan.  1,  4.  *i»*  Feb.  28/  Mar.  3,  9,  10, 
18,  30,  Apr.  4,*  y*  9,*  20,  28,  May  26,  1844.  Those  marked  with  an  *  are  the 
ones  which  were  printed  in  whole  or  in  part.  For  the  important  passages  of  the  letter 
of  April  9  see  Note  39  below. 


Heiss  Papers  21ii 


chase  of  the  Madison  km.  Eight  hundred  dollars  had  just 
been  put  in  the  hands  of  Dow,  who  had  bought  out  John  Jones 
of  the  Madwoman,  and  in  the  end  it  would  be  swallowed  up. 
"Cameron  is  here  now,"  continued  Blair,  "and,  although  I 
know  nothing  of  his  having  anything  to  do  in  connection  with 
the  purchase  of  the  Globe,  it  is  not  improbable  that  he  has  some 
dominant  interest,  inasmuch  as  he  has  long  had  a  hankering  to 
supplant  it/'22  Jackson  replied,  April  28:  "I  have  no  informa- 
tion who  are  the  real  proprietors  of  the  Globe  or  whether  that 
renegade  Cameron  has  any  interest  in  it.  If  he  has  not,  the 
Globe  will  not  get  the  congressional  printing.  Its  subscribers 
will  fall  away,  and  it  will  wind  up  in  bankruptcy,  as  I  do  not 
know  one  of  those  supposed  to  be  concerned  who  are  capitalists 


— all  money-making  speculators."25 

Another  bit  of  evidence  is  found  in  the  Calhoun  corre- 
spondence. One  W.  A.  Harris,  writing  to  Calhoun,  says :  "You 
probably  do  not  know  the  partners  in  the  Union.  Ritchie  owns 
half  (S'ic),  Heiss  a  fourth,  J.  Knox  Walker,  the  president's 
nephew  and  private  secretary,  a  fourth,  and  Senator  Cameron 
of  Pennsylvania  did  hold  the  other  fourth,  but  for  some  reason 
or  other  they  made  him  sell  out  and  it  now  stands  in  the  name 
of  L.  S.  Coryell  of  Pennsylvania,  who  has  from  the  first  been  a 
very  active  agent  in  the  business,  although  he  assures  me  that 
he  really  has  no  pecuniary  interest  in  it."24 

When  we  take  in  connection  with  the  above  the  communica- 
tions from  Cameron  and  from  Coryell,2"  included  in  this  instal- 
ment, we  must  conclude  that  Cameron  did  for  a  while  own  an 
interest  in  the  Union;  and  that  therefore  Major  Heiss'  denial 
must  have  been  an  extremely  technical  one.     In  his  attack  on 

t-v 

Ritchie,  Rives  alleged  that  Cameron,  testifying  before  a  con- 
gressional committee,  had  admitted  that  he  had  advanced 
money  to  Heiss,  but  this  part  of  the  testimony  was  suppressed.26 
This,  of  course,  was  partisan  testimony. 

Major  Heiss,  as  the  papers  in  the  first  instalment  showed, 
was  trusted  to  a  large  degree  by  James  K.  Polk.  Coming  from 
Pennsylvania,  he  was  familiar  with  the  politics  of  that  state 
and  ventured  to  give  Polk  advice.  It  is  stated,  but  upon  uncer- 
tain authority,27  that  Heiss  had  served  an  apprenticeship  in 
the  printing  office  of  Cameron,  who  had  been  a  newspaper 
editor.  In  his  position  as  owner  of  the  Union  Major  Heiss 
tended  to  stand  with  the  southern  element  in  the  party.     A 


MJackson   Papers. 

**£bid. 

24Calhoun  Correspondence,  p.   1042. 

23 See  below,  docs.   nos.  8  and  9,  and   notes  46  and  47. 

"Globe,  December  31,   1850.     Benton  pressed  this  point. 

WF.   Hudson,   Journalism  in   the   United  States,  p.  402, 


214  Documents 


letter  of  Robert  Tyler  to  Calhoun  of  April  19,  1845,  contains  a 
reference  somewhat  unflattering  to  a  "Mr.  Geo.  P.  H.,"  who 
"may  be  regarded,  although  rather  a  worthless  man,  as  a  cred- 
ible witness  to  a  fact  which  occurred  within  his  own  knowledge, 
he  being  in  point  of  fact  an  actor  in  the  matter."  As  the 
person  referred  to  was  the  owner  of  the  Union,  Major  Heiss 
must  be  the  one  intended.  Tyler's  statement  was  that  Polk, 
though  hitherto  committed  to  Texas,  in  his  desire  for  Van 
Buren's  support,  was  willing  to  accept  the  advice  of  Cave 
Johnson  and  almost  all  the  politicians  of  Tennessee  and  ap- 
prove the  Hamniett  letter,  and  the  editor  of  the  Union  had  pre- 
pared an  article  in  support  of  that  position ;  but  the  owner  of 
the  Union  would  not  allow  it  to  appear.28 

As  has  appeared  from  the  above  account,  it  was  at  first  in- 
tended to  retain  the  Globe,  with  the  substitution  of  another 
editor;  but  Blair  would  not  agree  to  this,  and  Jackson,  after 
all  his  expostulation,  finally  urged  Blair  to  sell.29  To  persuade 
Ritchie  to  become  head  of  the  new  paper  was  no  easy  task. 
The  way  in  which  Ritchie  was  approached  by  Cave  Johnson 
and  Aaron  V.  Brown  of  Tennessee  and  General  Baily  of  Vir- 
ginia is  described  by  Professor  Ambler,  wrho  follows  Ritchie's 
own  account  of  1850-51,  but  with  the  Bentonian  addition  of 
R.  J.  Walker  as  the  supreme  manipulator.  The  following 
statement  of  Ritchie,  however,  is  omitted  by  Professor  Ambler. 
Ritchie  said30  that  in  January  he  received  "through  another 
friend  in  Washington"  a  still  more  brilliant  offer,  yet  "the 
whole  matter  was  gradually  fading  away  when,  toward  the 
close  of  March,  1845 : 

"A  gentleman  presented  us  a  letter  of  introduction  from 
Washington,  referring  to  him  for  an  explanation  of  the  object 
of  his  visit.  That  gentleman  was  Major  John  P.  Heiss.  He 
was  a  perfect  stranger  to  us;  but  he  told  us  at  once,  and  in 
the  frankest  manner,  the  object  of  his  visit,  which  was  to  com- 
municate the  wish  of  the  president  and  some  of  his  friends 
that  we  should  remove  to  Washington  and  conduct  a  journal 
which  might  become  the  organ  of  the  administration.  Major 
Heiss  says  truly  in  his  letter  of  the  3rd  instant  that  It  was 
a  long  time  before  (we)  consented  to  come  to  Washington.'  In 
our  long  and  cordial  interview,  we  stated  to  him  our  objections, 
and  he  did  not  succeed  in  answering  them.  We  stated  further 
to  him  that  we  would  not  establish  any  paper  in  opposition  to 
the  Globe  and  that  we  were  poor,  and  had  no  means  to  purchase 
that  establishment.  The  Major  replied  that  the  money  would 
be  raised  elsewhere  and  that  he  would  see  to  that  particular." 

"Tyler,  op.  cit.,  vol.  3,  p.   160. 

"Jackson  to  Blair,  Apr.  7,  9,   1845;  Jackson  Papers. 

"Union,  December  24,   1850. 


Heiss  Papers  215 


Heiss  left  without  any  information  from  Ritchie  that  he 
Would  accept,  but  on  the  advice  of  some  Virginia  friends  he, 
Ritchie,  wrote  to  Washington,  made  an  engagement  with  the 
president  and  had  a  frank  conversation.  Ritchie  first  urged 
the  retention  of  Blair,  but  Polk  replied  that  Blair  had  made 
too  many  political  enemies  to  risk  the  consequences.  He  then 
saw  Blair  and  later  received  from  Blair  a  cordial  note,  telling 
of  a  conversation  with  Heiss,  with  whom  he  was  about  to  make 
arrangements  for  the  transfer. 

Scattered  notices  of  Heiss  appear  throughout  the  period 
that  followed  the  establishment  of  the  Union.  In  the  summer 
of  1845  Rives  made  an  address  before  the  Democratic  Associa- 
tion, in  which  he  attacked  Polk  bitterly.  The  speech  was  set  up 
in  print,  it  was  alleged,31  and  was  nearly  published  in  the  Union, 
but  Heiss  suppressed  it.  In  December  Polk  notes  in  his  Diary 
that  Heiss  was  entrusted  with  the  copy  of  his  first  message 
prior  to  its  delivery.32 

The  documents  in  the  present  instalment  show  that  the 
course  of  the  Union  was  not  always  a  happy  one,  an  impression 
amply  confirmed  by  the  notes  in  Polk's  Diary.™  The  weakness 
of  the  old  editor  on  the  practical  and  business  side  appears, 
together  with  the  proof  of  his  tireless  personal  devotion  to  the 
Union.™  We  have  also  the  terms  of  the  dissolution  of  partner- 
ship between  Ritchie  and  Heiss.35  It  is  made  manifest  that  this 
severance  of  business  relations  in  no  wise  interfered  with  the 
friendship  between  the  two  men,  for  when  Rives  made  an  ugly 
personal  attack  on  Heiss'  personal  character  Ritchie  came  at 

once  to  the  rescue.36 

St.  George  L.  Sioussat. 


81Calhoun  Correspondence,  p.   1040. 

^Diary  of  James  K.  Polk,  vol.  1,  pp.  108-109. 

**lbid.,  vol.   1,  pp.  350-353,  vol.  2,  pp.   170,  375,  vol.  3,  PP-  237-238. 

wSee  below,  doc.  No.   12. 

xSee  below,  docs.  Nos.   13  and   14. 

**See  below,  doc.  No.   17. 


216  Documents 


PAPERS  OF  MAJOR  JOHN  P.  HEISS. 


1.     One   of  the   principal   reasons   for   my  attack   on   Gray  was  the 
fol  lowing  i*7 

In  his  correspondence  with  the  "Charleston  Mercury/1  a  Democratic 


i 


k  aper  and  the  "New  York  Courier  and  Enquirer,"  a  Whig  paper,  he 

loldly  said,   "that  Gen.  Jackson   in   his  letter  to   Maj.   Lewis  dated 

April  8,   1845,  better  known  as  the  letter  with  the  seven  and  five 

stars;  had  reference  to  Ritchie  and  Heiss — one  as  being  a  renegade 

politician  who  could  not  be  trusted  in  politics  or  money  and  the  other 
broke,  etc.,  etc.,  etc. 

I  produce  the  Republican  Banner  of  July  9th  published  at  Nash- 
ville in  which  this  letter  was  first  published;  and  it  will  be  seen  that 
Gen.  Jackson  has  reference  to  some  renegade  politician  but  the  pub- 
lication of  it  shows  in  the  place  of  the  name,  Seven  Stars,  and  in 
the  place  of  the  name  of  the  person  he  considers  broke,  etc.,  etc., 
etc.,  there  apears  six  stars,  which  does  not  accord  with  the  number 
of  letters  in  my  name.  By  means  of  altering  these  stars  in  Gen. 
Jackson's  letter  to  conform  with  Mr.  Ritchie's  and  my  own  name, 
the  scoundrel  Gray  was  the  author  of  a  vile  slander  upon  me  which 
was  circulated  from  one  end  of  the  Union  to  the  other. 

2.  Extract  of  a  letter  from  Gen.  Jackson  to  Mr.  Lewis  when  at 
Washington.*  Mr.  Lewis  says:  "I  make  no  apology  for  publishing 
the  enclosed  extract,  from  the  General's  letter.  As  my  friendship 
for  him  has  been  doubted,  I  want  the  public  to  understand  how  far 
those  who  doubt  it  have  a  right  themselves  to  be  considered  his 
friends." 

Hermitage,  April  8,  1845. 


"I  find  that  Mr.  Blair  and  the  President  have  got  into  some 
difficulty  about  the  Globe  (with  Mr.  Blair  as  its  Editor)  being  the 
executive  organ.  This  is  a  difficulty  the  President  has  got  into 
where  I  can  see  no  result  but  injury  to  him,  and  no  justifiable  cause 
of  the  President's  part  for  [sic]  it.  He  believes  Mr.  Blair  has  be- 
come unpopular  with  part  of  the  democracy — he  has  opened 
his  ears  to  bad  advisers.  Mr.  Blair  has  more  popularity  with 
the  democratic  members  of  Congress  and  the  democracy  of 
the  United  States  than  any  editor  in  them — and  by  the  course 
adopted,  (he)  [sic]  will  disunite  instead  of  uniting  the  democracy. 
"Present  me  to  Mr.  Blair  and  say  to  him  that  I  was  so  sick  yesterday 
and  exhausted  writing  to  the  President,  that  I  could  not  say  half  what 
I  wished,  but  if  I  have  strength  I  will  soon  write  him  again.  Blair 
has  taken  a  proper  stand  and  I  know  will  never  suffer  himself  to  lose 
character  or  be  degraded.  The  Globe  is  to  be  bought — by  what 
litical  clique,  and  to  subserve  what  interest?     Is  the  renegade  poli- 

^This  document  is  unsigned  and  undated,  but  is  apparently  in  the  handwriting  of 
Major  Heiss.  Cyril  V.  Gray  aroused  Polk's  indignation  by  saying  that  R.  J.  Walker 
was  the  real  author  of  Polk's  "Kane  Letter."  Both  Polk  and  Walker  denied  this. 
Diary  of  James  K.  Polk,  vol.  i,  p.  43.  Cp.  Rhett  to  Calhoun,  Sept.  18,  1845.  Calhoun 
Correspondence.  A  communication  in  regard  to  the  "star  letter"  similar  to  the  present 
one,  appeared  over  the  signature  "Nous  Verrons"  in  the  Charleston  Mercury,  July  28, 

1845- 

•"Apparently  a  copy  of  a  newspaper  clipping,  in  a  hand  not  that  of  Major  Heiss. 


He  is  s  Papers  217 


tician  *******  to  have  an  interest?  Who  would  trust  him  in 
politics  or  for  money?     My  opinion  is  that  when  the  money  is  wanted 

it  will  notbe  forthcoming.     Is  Major  *****  of ■ 

to  be  the  purchaser?  If  so,  he  is  here  considered  broke,  and  say  to 
Blair,  if  he  sells,  to  have  the  cash,  or  good  security,  that  is  known 

and  vouched  for  to  be  good. 

The  difficulty  was  entirely  unexpected  to  me  and  has  vexed  me 
sorely.     *     *     * 

"We  all  at  the  Hermitage  greet  thee  with  our  kindest  salutations." 

"Your  sincere  friend" 

"Andrew  Jackson."39 

I  perceive  Mr.  Ritchie  is  very  anxious  about  those  seven  stars 
in  Jackson's  letter  to  Major  W.  B.  Lewis,  lately  published,  and  in- 
sists that  they  were  not  meant  for  him — for  he  don't  like  to  be 
called  a  "Renegade  politician"  by  the  old  Hero.  It  is  rather  singu- 
lar, too,  that  Major  Harris  [sic]  of  Nashville,  has  found  it  neces- 
sary to  deny  in  the  Nashville  Union,  that  he  was  the  "Major  ****** 

of  9   who   was   "considered   broke"   at  the   Hermitage,   as 

Jackson  said  in  that  same  letter.     Rather  queer,  I  say,  that  Messrs. 

Ritchie  and  Harris  *  should  have  been  the  only  persons  who  have 
thought  it  necessary  to  deny  that  they  were  the  individuals  meant. 
However  they  may  deny  it  as  often  and  as  vehemently  as  they  please, 
it  is  not  the  less  firmly  believed  by  all  here.  Jackson  was  not  the 
man  to  forget  that  the  present  "official  editor"  had  declared  that  his 
election  would  be  a  curse  to  the  country. 

"Le  Solitaire." 

S9Thc  original  of  Jackson's  letter  to  Lewis  of  April  8  appears  to  be  in  the  New 
York  Public  Library.  (Bulletin  of  the  New  York  Public  Library,  vol.  4  (1900), 
p.  310).     This  original  has  not  been  collated  by  the  editor  of  the  Magazine. 

The  important  passages  in  Jackson's   letter  to   Blair  of  the  following  day,  April   9, 

were  as  follows: 

"This,  the  substance,  and  I  had  a  hope  on  the  receipt  of  this  letter  and  some 
others  written  by  numbers  of  friends  would  have  restored  all  things  to  harmony  and 
confidence  again.  I  rested  on  this  hope  until  the  7th  when  I  received  yours  of  the 
30th  and  two  confidential  letters  from  the  President,  directed  to  be  laid  before  me 
from  which  it  would  seem  that  the  purchase  of  the  Globe  and  to  get  clear  of  you, 
its  editor,  is  the  great  absorbing  question  before  the  President.  Well  who  is  to  be 
the  purchaser?  Mr.  Richie  and  Maj.  A.  J.  Donelson  its  editors,  Quere  as  to  the 
latter.  The  above  question  I  have  asked  the  President.  Is  that  renegade  poli- 
tician Cameron  who  boasts  of  his  $50,000  to  set  up  a  new  paper  to  be  one  of  them 
who  is  a  bankrupt  in  politics  and  who  got  elected  Senator  by  selling  himself  to  the 
Whiggs,  and  could  not  raise  one  thousand  dollars,  to  be  one  of  the  Proprietors,  to 
unite  the  Democracy.  His  very  election  has  divided  them  in  Pennsylvania,  and  a 
letter  to  me  says  has  done  our  mutual  friend  Buchannan  much  injury,  he  being 
charged  with  using  secretly  his  influence  to  effect  it,  or  would  Cameron's  ownership, 
in  part  unite  Horn,  Kane,  Leaper,  Dallas  and  a  host  of  other  old  true  democrats 
("result?]  in  your  expulsion.  What  delusion.  Or  is  Major  Walker  of  Columbia, 
Tennessee,  to  be  the  purchaser.  Here  it  is  stated  he  is  vastly  encumbered  with  debt 
by  many  a  perfect  bankrupt.  Who  is  to  purchase,  and  where  is  the 
money  to  come  from?  Is  Dr.  Wm.  Gwinn  the  satelite  of  Calhoun,  the  great 
friend  of  R.  J.  Walker  Sec.  of  the  Treasury,  a  perfect  Bankrupt  in  property.  My 
own  opinion  is  that  the  contract  made,  the  money  cannot  be  raised  and  the  Globe 
cannot  be  bought.  What  then,  the  President  will  find  himself  in  a  dilema,  have  to 
apologize,  and  the  Globe  be  the  organ  and  Richie  will  return  not  so  well  satisfied 
with  the  sagacity  of  the  administration  as  when  he  left  Richmond.  These  are  my 
speculations."  (Jackson  to  Blair,  April  9,  1845,  Jackson  Papers,  Division  of  Mss., 
Library  of  Congress.) 

The  Union  of  Nashville,  Tennessee,  in  the  issue  of  August  16,  1845,  contained  a 
communication  from  James  Walker  dated  Columbia,  August  12,  which  cited  a  notice  in 
the  New  York  Express  contained  in  the  Banver  of  August  8.  This  notice  was  headed 
"Astrological  Question  Settled,"  and  said  that  the  seven  stars  referred  to  Cameron 
and  the  six  stars  to  Walker  and  referred  at  length  to  Cameron's  attempt  to  purchase 
the  Globe.  Major  Lewis,  Walker  said,  had  refused  to  show  him  the  letter  of  Gen- 
eral Jackson  or  to  say  positively  whether  it  was  he  to  whom  the  General  referred, 
but  he  gave  Walker  some  reason  why  it  ought  not  to  suppose  it  was  his  name.  Walker 
said  he  was  in  financial  difficulties  but  not  "broke."  He  was  innocent  as  to  the 
removal  of  Lewis.      He  defended  Cameron  against  the  slurs  cast  upon  him. 

—3 


218  Documents 


3.  Agreement  made  at  the  City  of  New  York  on  the  [  ]*  day 
of  November,  one  thousand  eight  hundred  and  forty  five,  between 
Ritchie  and  Heiss  of  the  city  of  Washington,  Pproprietors  of  the 
newspaper  called  the  Union,  and  James  A.  Houston  of  the  City  of 
New  York. 

Ritchie  and  Heiss  agree  to  employ  and  hereby  do  employ  James 
A.  Houston  on  the  terms  hereinafter  stated  from  the  Second  day 
of  December  next  ensuing  during  and  until  the  close  of  the  ensuing 
session  of  the  Congress  of  the  United  States  and  so  much  longer 
as  shall  be  mutually  agreeable  to  the  parties  to  this  agreement. 
James  A.  Houston  agrees  that  he  will  faithfully  devote  his  time 
and  talents  during  the  said  session  of  Congress  in  superintending 
the  reports  and  proceedings  of  the  said  Congress,  and  also  assist 
daily  in  the  preparation  of  the  same  for  the  columns  of  the  Union; 
he  likewise  agrees  to  furnish  daily  an  analysis  of  said  proceedings 
to  appear  editorially  in  said  paper;  James  A.  Houston  likewise  agrees 
that  during  the  recess  of  Congress  he  will  render  such  service  as 
may  hereafter  be  agreed  upon. 

And  Ritchie  and  Heiss  agree  to  pay  to  James  A.  Houston  in 
consideration  of  said  services  the  Sum  of  Fifty  Dollars  for  each 
and  every  week  of  the  period  aforesaid,  to  be  paid  weekly.  Ritchie 
and  Heiss  also  agree  to  depute  to  James  A.  Houston  the  engaging  and 
discharging  of  such  assistant  reporters  as  may  be  necessary,  the 
salary  of  each  to  be  approved  by  Ritchie  and  Heiss  and  to  be  paid 
by  them. 

Witness  our  hands  the  day  and  year  above  written. 

Ritchie  and  Heiss, 
James  A.  Houston. 

4.  asbury  dlckins,  secretary  of  the  senate,  to  messrs.  rltchie 

and  Heiss,  Printers  to  the  Senate. 

Deer.  17,  1845. 

I  have  the  honor  to  inform  you  that  you  have  been  this  day 
elected  printers  to  the  Senate  for  the  Twenty-ninth  Congress.41 

I  send,  for  your  information,  a  copy  of  a  Resolution  of  the 
Senate,  under  which  you  have  been  elected. 

I  send,  also,  instructions  for  your  guidance  in  regard  to  the 
number  and  distribution  of  the  documents,  etc.,  to  be  printed.  In- 
structions relating  to  the  confidential  printing  will  be  sent  here- 
after. 

A  form  of  the  Official  Bond  to  be  executed  will  be  furnished  on 
application  to  this  Office. 

5.  Thomas  Green,  Washington,  to  Thomas  Ritchie. 

May  9,  1846. 

The  facts  and  circumstances  relative  to  the  payment  of  Ritchie 

and   Heiss [']    second  instalment,43  to  Messrs.   Blair  and  Rives  were 

so  far  as  I  understand  them,  as  follows:   Major  Heiss,  on  the  30th 

ult.  addressed  a  note  to  Mr.  Rives,  asking  for  a  few  days  indulgence, 

^Blank  in  ms. 

41The  public  printing  was,  of  course,  the  prize  expected  by  the  government  organ. 
The  long  standing  practice  was  to  elect  the  printers.  The  plan  of  letting  the  public 
printing  to  the  lowest  bidder,  to  which  end  Garrett  Davis  of  Kentucky  introduced  a 
resolution  in  June,  1846,  in  itself  a  reform,  was  initiated  however  in  a  spirit  of 
vindictiveness  which  was  a  manifestation  of  the  hostility  aroused  by  Ritchie  through 
the  inability  of  the  organ  even  with  Polk's  personal  supervision — (he  himself  fre- 
quently wrote  articles  or  drafted  them) — to  please  all  the  factions  in  the  party. 

4rThe  circumstances  to  which  this  letter  refers  later  constituted  part  of  the  grounds 
of  difference  between  Blair  and  Rives  on  the  one  hand  and  Ritchie  and  Heiss  on  the 
other.  Cp.  Globe,  December  24,  1850.  Thomas  Green  was  connected  with  Ritchie 
by  marriage. 


Heiss  Papers  219 


as  Congress  had  made  no  appropriation  to  meet  the  heavy  expenses 
already  incurred.  No  answer  was  made  to  this  letter,  but  the  next 
day,  a  draft  was  presented  for  the  principal  and  interest.  Major 
Heiss  refused  to  pay  it,  but  made  arrangements  to  pay  the  prin- 
cipal and  before  3  o'clock,  sent  to  Mr.  Rives  house,  a  letter  notifying 
him  of  the  readiness  of  Ritchie  and  Heiss  to  pay  the  instalment. 

That  afternoon,  a  Notary  Public  made  protest  for  the  non-pay- 
ment of  the  amount  of  the  principal  and  interest.  The  next  day, 
Major  Heiss  determined  to  make  a  legal  tender,  of  the  principal  and 
of  the  one  days  interest,  no  such  tender  having  been  regularly  made 
the  day  before,  when  the  instalment  was  payable. 

A  clerk  in  the  Office  was  given  a  check  on  Messrs.  Corcoran  and 
Riggs  for  $11,666.66,  with  direction  to  call  on  Mr.  Rives  and  say  to 
him,  he  had  called  to  pay  the  instalment  due  by  Ritchie  and  Heiss 
and  to  deliver  the  check  upon  his  giving  the  receipt — he  was  also 
told  to  tender  the  One  days  interest.  If  Mr.  Rives  refused  to  accept 
it,  the  further  direction  was  given,  to  ask  him  if  he  would  ac- 
knowledge the  tender  of  the  check,  as  a  legal  tender  of  so  much 
money;  and  to  say,  the  specie  would  be  tendered,  if  the  acknowledge- 
ment were  not  made.  In  the  presence  of  Major  Heiss,  I  told  the  clerk 
to  be  particular,  as  a  controversy  was  likely  to  be  the  result — that 
the  object  was  to  make  the  tender  a  legal  one,  and  thus  to  stop  the 
payment  of  double  interest,  he  was  told  to  hold  no  unnecessary  con- 
versation but  to  be  sure  to  get  an  acknowledgement  that  the  check 
should  be  regarded  as  so  much  money — otherwise  the  specie  must 
be  got  at  once  and  regularly  tendered.  The  Clerk  went  to  see  Mr. 
Rives,  and  was  informed  he  had  gone  to  the  North  that  morning. 
Major  Heiss  again  confered  with  me,  under  hurried  circumstances, 
and  we  thought  it  best  to  make  the  tender  to  Mr.  Blair,  who,  I  was 
sure  would  acknowledge  the  check  as  a  tender  for  so  much  money 
no  new  instructions  being  given  or  thought  of,  as  far  as  I  knew.  In 
the  afternoon,  passing  down  street,  I  called  to  enquire  the  result, 
and  was  very  much  surprised  to  learn  the  check  had  been  received 
and  the  receipt  given  so  readily  by  Mr.  Blair.  I  asked  if  Mr.  B.  had 
been  told  of  Mr.  Rives  refusal — the  Clerk  said  no — that  Mr.  B  asked 
why  it  had  not  been  presented  to  Mr.  Rives,  and  that  his  answer  was, 
he  had  called  to  tender  it  to  Mr.  Rives,  but  was  informed,  he  had 
gone  out  of  town — whereupon  the  check  was  accepted  as  so  much 
money,  and  the  receipt  given.  I  said,  "but  you  ought  to  have  told 
Mr.  Blair  what  had  occurred  on  the  subject."  His  answer  was,  "I 
obeyed  my  instructions,  which  were  simply  to  present  the  check,  and 
if  it  were  not  accepted,  to  aske  that  it  should  be  acknowledged  as 
a  legal  tender,  etc."  I  smiled  and  said,  this  must  be  corrected.  When 
I  met  Major  Heiss  I  suggested  the  propriety  of  his  writing  to  Mr. 
Blair,  reciting  all  the  circumstances,  and  waiving  all  benefit  of  the 
receipt,  if  it  had  been  given  inadvertently — Major  Heiss  thought  the 
just  inference  was,  that  Mr.  Blair  had  concurred  in  the  opinion,  no 
interest  was  due  and  would  not  prefer  or  sanction  such  a  claim  to 
it — Moreover  that  Mr.  B.  might  not  like  to  be  supposed  so  unlike  a 
business  man,  as  to  give  a  receipt,  inadvertently,  and  in  the  third 
place,  he  objected  to  writing  such  a  letter,  lest  it  might  be  supposed 
to  imply  a  consciousness  of  having  intended  to  take  advantage  of 
Mr.  Rives'  absence,  whereas  he  had  acted  legally  and  honorably 
throughout  and  did  not  like  to  volunteer  explanations.  I  replied,  a 
full  statement  of  the  whole  case,  would  show,  on  its  face,  that  the 
omission  to  speak  of  Mr.  Rives'  views,  had  been  the  result  of  acci- 
dent— the  clerks  applying  strictly,  to  Mr.  Blair  instructions,  de- 
signed to  be  followed  in  the  presence  of  Mr.  Rives. 


220  Document  8 


Major  Heiss  asked  me,  to  sketch  such  a  letter  as  expressed  my 
views — I  did  so  hastily — and  then  we  agreed  to  refer  to  an  intelli- 
gent and  judicious  friend,  then  in  view,  whether  it  was  better  to  send 
some  such  letter  to  Mr.  Blair,  in  the  first  instance,  or  should  wait  to 
know  from  Mr.  Blair,  whether  he  had  given  the  receipt  unguardedly 
and  inadvertently,  or  not. 

That  friend  decided,  that  Major  Heiss'  view  was  perhaps  be 
all  of  us  concurring,  that  all  benefit  of  the  receipt  should  be  waived 
if  Mr.  Blair  had  given  it,  because  he  was  not  aware  of  the  objections 
made  by  Mr.  Rives. 

It  is  proper  to  state,  that  I  was  as  much  surprised  as  Major 
Heiss  was,  at  the  demand  for  interest.  It  had  never  once  occurred 
to  me  that  Messrs.  Blair  and  Rives,  either  at  the  date  of  the  con- 
tract, or  subsequently  contemplated  interest  on  the  deferred  instal- 
ments. 

6.    T.  Ritchie,  to  Major  J.  P.  Heiss. 

Wednesday  Mg. 

It  is  essential,  that  you  close  with  Mr.  Earns43  today  or  tomorrow. 
See  him,  if  you  please  (and  if  you  please  take  Mr.  Green  with  you,) 
and  make  the  arrangement  with  Earns. 

The  blunders  of  the  two  last  "Unions"  are  intolerable.  A  para- 
graph of  mine  to  close  the  long  editorial,  very  important  as  that  H 
was,  is  left  out,  and  I  suppose  Mr.  Adams's  excuse  is,  it  would  have 
delayed  the  publication  [?].#  This  would  not  have  been  the  case  if 
Earns  had  been  working  entirely  for  us,  instead  of  being  employed 
in  the  Navy  Dept.  He  pledges  himself  in  the  event  of  your  arrang- 
ing with  him,  to  get  the  paper  always  to  press  in  time  for  the  mails. 
I  have  no  doubt  of  it,  myself.    It  is  worse  than  useless  [  ]" 

to  wait  upon  Latham's  case. 

Do  see  Green — and  take  him  with  you  and  arrange  with  Earns 
today  if  you  can. 

I  was  to  be  at  the  Capitol  this  morning — on  important  public 
business — but  I  can't,  for  a  large  budget  of  English  news  is  just 
poured  in  upon  me,  which  Earns  might  take  at  once,  if — etc. 


7.    John  P.  Heiss,  Union  Office,  to  Thomas  Ritchie,  Esq. 

January  15,  1847. 

I  promised  one  week  ago  that  I  would  not  say  anything  to  you 
about  the  Post  Office  arrangements  and  the  change  of  issuing  the 
Union  for  one  week.  The  week  has  now  passed  and  as  it  is  a  mat- 
ter of  so  serious  a  nature  that  [sic]  I  must  call  your  attention  to 
it  again.  I  gave  you  at  your  own  request  in  writing  the  advantages 
that  would  be  derived  by  our  subscribers  as  well  as  ourselves,  yet  it 
seems  to  have  had  no  effect. 

I  have  now  another  suggestion  to  make  in  reference  to  the  change 
of  hour  for  issuing  the  Union.  It  is  this.  That  we  should  have  all 
the  editorial  and  general  news  set  up  and  ready  to  put  our  paper 
to  press  at  3  o'clock  and  send  off  the  Southeren  [sic]  mail  only.  After 
that,  the  Congressional  proceedings  and  any  one  editorial  which  has 
reference  to  said  proceedings  can  be  set  up  for  the  paper  and  put 
to  press  again  as  a  second  edition  to  go  off  in  the  mails  North  and 
West  which  leave  at  six  o'clock  in  the  following  morning. 

♦•Polk  in  his  Diary,  vol.  2,  p.  172,  October  3,  1846,  refers  to  a  Mr.  Ames,  assist- 
ant to  Ritchie,  as  having  written  an  article  on  Oregon  offensive  to  R.  L.  McLane. 
See  also  vol.  4,  pp.  214-216.  The  letter,  which  was  undated,  is  placed  here  as  having 
probably  been   written  before  the  date  of  the  first  reference  in  Polk's  Diary. 

**A  word  illegible. 

**This  letter  and  some  of  those  that  follow  throw  an  interesting  light  on  the  prac- 
tical difficulties  which  attended  Ritchie's  editorship. 


Heiss  Papers  221 


Now  my  dear  sir  we  are  managing  our  business  on  a  ruinous  sys- 
tem and  as  the  business  partner  I  consider  it  my  duty  to  urge  and 
insist  upon  a  change.  I  have  no  voice  nor  do  I  desire  one  in  the 
Editorial  department  of  the  Union  except  where  I  might  discover 
something  which  might  result  disadvantageously  to  the  interests  of 
the  "Union/'  but  if  I  am  to  be  deprived  in  having  a  voice  in  a  busi- 
ness point  of  view,  it  is  time  that  I  left  the  concern.  I  have  examined 
this  matter  so  thoroughly,  that  I  am  perfectly  satisfied  of  its  utility, 
and  have  determined  to  take  no  interest  in  the  Union  whatever  if 
some  change  is  not  made  in  our  hour  of  publication.  I  will  not,  as 
a  business  partner,  assume  the  responsibility  of  immense  extra  ex- 
penses in  cases  I  consider  inexpedient  and  unnecessary.  I  do  this 
in  no  spirit  of  opposition,  but  in  Justice  to  yourself,  myself  and 
most  of  all,  to  our  subscribers. 

Below  please  find  a  comparative  statement  of  the  expenses  of 
our  paper  during  the  past  summer,  when  our  hands  not  [sic]  to 
work  late  at  night,  and  notv.  Our  expenses  for  composition,  press, 
room  and  packing-room,  averaged  during  the  summer  about  $240. 
The  expenses  of  the  present  week  amounts  to  $321 — a  difference  of 
$81 — equal  to  $4212  per  year.  This  estimate  is  made  without  in- 
cluding lights,  fuel,  etc.  Under  our  present  system  we  are  compelled 
to  keep  a  fire  under  our  boilers  most  of  the  night,  which  consumes 
nearly  a  cord  of  wood.  Our  extra  light,  fuel  for  store  and  wood 
for  steam  engine  will  average  $15  per  week  which  added  to  $81  makes 
$96.  of  extra  and  unnecessary  expense  in  the  publication  of  our 
paper.  This  may  be  a  matter  of  some  annoyance  to  you  but  it  is 
a  matter  of  considerable  importance,  and  one  which  I  hope  you  will 
seriously  reflect  upon  before  you  determine  not  to  consent  to  any 
change. 

8.  Simon  Cameron,  to  J.  P.  Heiss.  May  27,  1847. 

I  have  your  note  of  22d  and  thank  you  for  paying  the  note. 

I  expect  to  be  in  Washington  before  long  and  will  bring  with  me 
the  papers  alluded  to. 

Can't  you  pay  me  a  visit?  I  am  going  up  the  Susquehanna  river 
about  the  middle  of  June.  Come  before  and  go  with  me.  You  shall 
be  well  treated. 

This48  Letter  is  in  answer  to  my  request  to  Senator  Cameron,  to 
send  the  papers  to  me  showing  him  to  be  the  owner  of  one  fourth 
of  my  interest  in  the  Union  office.  I  having  purchased  his  interest 
in  said  office  and  paid  him  for  the  same  in  full.     He  still  holds  the 

papers.  John  P.  Heiss. 

June  15,  1847. 

9.  Lewis  S.  Coryell,47  New  Hope,  to  [Heiss]. 

Dec.  12,  1847. 

I  rec'd  yours  yesterday,  enquiring  of  me  my  recollections,  about 
the  final  transactions  between  you  and  Genl.  Cameron —  I  comply 
cheerfully,  for  I  remember  well  it  was  no  ordinary  matter,  as  your 
feelings  was   exceedingly   disturbed, — at  your   instance   I   saw   Genl. 

*6This  paragraph  and  the  date  are  endorsed  in  the  handwriting  of  Heiss.  This, 
with  the  letter  of  Coryell  that  follows  (No.  9),  shows  that  Cameron  did  have  at  least 
for  a  time  a  part  interest  in  the   Union. 

47Lewis  S.  Coryell,  of  New  Hope,  Pa.  (1 788-1865),  was  an  engineer  and  man  of 
business  much  interested  in  works  of  construction,  such  as  roads,  mines,  canals,  and 
railroads.  Not  an  officeholder,  he  wielded  much  political  influence.  The  Historical 
Society  of  Pennsylvania  has  in  its  possession  six  volumes  of  Coryell  Papers,  to  which 
the  writer  has  through  the  kindness  of  the  Society  been  given  access.  These  papers 
include  letters   from  prominent  politicians  in   Pennsylvania,   such  as  Buchanan,  Dallas, 


222  Documents 


Cameron  and  had  some  conversation  with  him,  in  conclusion  he  de- 
sired me  to  suggest  to  you  to  buy  him  out — I  did  so,  and  you  told 
me  that  you  would  give  him  the  same  you  was  to  pay  Knox  (13,000 
and  a  share  of  the  back  chance  [sic]  )m  which  I  reported  to  him, 
after  some  talk  he  told  me  to  tell  you  that  if  you  would  give  him 
$14,000— he  would  take  it  and  relinquish  all  claims  to  the  claim  you 
meant  to  urge  upon  Congress  for  deductions — and  that  he  would 
do  all  in  his  power  to  aid  you  and  that  if  you  did  purchase  him  out, 
He  would  feel  more  free  to  assist  you,  than  if  his  inst  remained. 
I  reported  back  to  you,  you  hesitated  I  urged  you  to  comply  if  you 
could  as  it  would  close  this  matter  up — you  asked  more  time  which 
the  Genl.  agreed  to,  and  I  reported  to  you,  subsequently  I  saw  the 
Genl.  after  he  had  requested  me  to  urge  you  to  make  the  settlement, 
and  he  told  me  that  you  had  called  and  settled  and  given  your  drafts. 

This  is  my  recollection  of  the  matter  and  now  permit  me  to 
disabuse  myself  to  you —  I  assure  you  on  my  honor  I  had  no  lot, 
part  or  interest  with  the  Genl.  as  you  seemed  to  take  for  granted  at 
some  one  of  our  interviews — my  only  share  in  the  matter  on  either  side 
— so  help  me  God,  was  the  success  of  the  undertaking  and  some  3 
or  4  journies  to  Washington  to  add  my  feeble  aid  to  the  arrange- 
ment, which  is  my  common  position, — now  may  I  ask  what  is  the 
matter,  what  is  wrong.  I  hope  not  with  the  Genl.  or  about  this  set- 
tlement, for  I  have  heard  you  as  well  as  the  Genl.  say  that  it  all 
was  satisfactorily  arranged — surely  there  is  nothing  wrong  between 
you  and  Mr.  Ritchie  for  he  told  me  that  all  matters  of  business  was 
left  to  you,  and  that  he  knew  nothing  about  the  money  affairs  of  the 
office,  but  that  you  done  all  to  his  entire  satisfaction. 

I  am  still  confined,  but  will  try  and  visit  your  city  in  all  January. 

If  you  see  the  Genl.  tell  him  I  have  leisure  if  he  would  only  send 
me  some  Doc[ument]s  to  read. 

10.    John  P.  Heiss,  Washington,  to  [Mr.  Burke]. 

April  26,  1848. 

I  feel  some  delicacy  in  addressing  you  upon  a  subject  which  I  am 
satisfied  is  more  unpleasant  to  me  than  yourself. 

Some  time  near  the  middle  of  March  last  I  addressed  Mr.  Ritchie 
a  note,  informing  him  of  the  financial  affairs  of  the  "Union"  and 
its  future  prospects,  and  after  a  consultation  with  Mr.  Ritchie  and 
Mr.  Green,  we  came  to  the  conclusion,  that  we  could  not  continue  the 

Shunk,   and    Cameron,   and   also   from    Calhoun   and   his   friends   Duff   Green,    Elmore, 
and   D.    H.    Lewis   of   Alabama.      Coryell   seems   to   have  been   on   the   "inside,"  or   to 
have  been   so  regarded,   with   reference  to  government  contracts  of  various  sorts,  and 
to    have    had    at    his    disposal    money    for    investment.      He    and    Cameron    were    con- 
stantly associated  in  one  business  deal  or  another. 

The   information   revealed  by  these  papers  as  to  the  negotiations   for  the  purchase 
of  the  Globe  is  not  as  large  as  one  could  wish:  but  some  important  items  appear.     On 
March  31,    1845,   Cameron  wrote  to  Coryell:    "I   have  my  eye  on  the  'organ'  and  am 
to  be  informed  when  the  funds  are  needed.     I  shall  go  over  there  in  a  week  or  two." 
On   April    12  he   wrote  again  to  Coryell,   from  Middletown,   "If  only   1-3  of  $40,000  is 
needed,   it  will  be  easily  arranged.     I  suppose  Heiss  is  to  find  only   1-2  of  that  3-d." 
Somewhat    later,    on    September    16,    1845,    Dixon    H.    Lewis    wrote    to    Coryell    from 
Alabama:    "I    see    you    have    been    [rubbed?]    in    the    newspapers    and    I    don't    know 
whether  the  seven  •••••••  jn  old  Jackson' [s]  letter  pointed  to  you  or  Cameron. 

Ritchie  says  they  did  not  point  to  him,  but  to  a  man  north  of  the  Susquehanna,  and  I 
supposed  your  agency  in  buying  the  paper  had  been  made  known  to  the  old  Hero, 
and  he  was  denouncing  you  to  Cameron.  Tell  me,  had  Cameron  anything  to  do  in 
buying  the  paper   for  Heiss?     This   in  confidence." 

^Note  in  the  original.      "Knox"  evidently  refers  to  J.  Knox  Walker. 

^•Endorsed  in  pencil.  Burke  retired  from  the  assistant  editorship.  Ambler,  op. 
cit.,  p.  284. 

wTrenholm   was   a    foreman  in   the   printing  office. 


Heiss  Papers  223 


Union  much  longer  at  the  expense  we  were  then  at  in  publishing  it. 
After  that  consultation,  I  informed  that  it  would  be  impossible  for 
us  to  pay  over  $1500  per  year  for  an  assistant  Editor.  You  replied 
then  and  said  that  you  believed  it  to  be  a  fact,  but  that  you  could 
not  continue  with  us  at  a  reduction  of  your  present  salary.  You  also 
informed  me  at  the  same  time  that  you  had  other  expectations  atfer 
May  and  that  after  the  1st  of  said  month  you  would  aid  us  in  secur- 
ing an  assistant  for  the  amount  we  proposed.  Now  my  dear  sir, 
this  is  a  matter  of  compulsion  with  us.  Every  day  the  Union  is  pub- 
lished, money  is  taken  out  of  our  pocket  and  self  preservation  re- 
quires us  to  economize  in  every  way  possible.  From  present  pros- 
pects the  Campaign  paper  will  be  of  little  service  to  us.  The  sub- 
scribers up  to  this  time  will  not  amount  to  fifty  and  I  doubt  whether 
we  will  have  five  thousand  altogether.  It  is  a  matter  of  sincere 
regret  to  Mr.  Ritchie  as  well  as  to  myself  that  the  facts  have  to  be 
made  known  particularly  when  they  affect  all  our  interests.  I  would 
not  consent  to  publish  the  Union  one  day  longer  if  I  did  not  feel  in 
honor  bound  to  the  President  to  continue  it  until  the  4th  of  March 
next.  I  came  here  with  him  and  profited  by  it,  and  am  willing  to 
sacrifice  part  of  those  profits  to  sustain  and  defend  him  until  his 

term  of  service  expires. 

I  would  state  in  conclusion  that  we  have  been  in  correspondence 
through  a  friend  with  a  gentleman  in  New  Hampshire  in  reference 
to  the  acceptance  of  the  situation  with  us.  What  will  be  the  result 
of  this  correspondence  I  am  unable  at  present  to  inform  you. 

11.  Jno.  H.  Trenholm,  to  Thos.  Ritchie,  Esq. 

May  31,  1848. 

Your  note,  just  received,  relative  to  the  Official  proceedings  of  the 
Balto.  Convention,  has  just  been  turned  over  to  Major  Heiss,  who 
will  doubtless  communicate  with  you  on  the  subject.  Feeling  no 
disposition  to  be  responsible  for  the  due  issue  of  the  several  publica- 
tions (stated)  which  cannot  be  managed  by  me  while  every  disposi- 
tion made  in  the  office  to  insure  their  appearance  is  frustrated  and 
opposed  out  of  it,  I  leave  their  superintendence  at  once  in  other 
hands,  with  a  hope  that  my  successor  may  find  himself  more  fortu- 
nate than  has  fallen  to  the  lot  of,     Your  obt.  Servant, 

12.  John  P.  Heiss,  Union  Office.    To  T.  Ritchie,  Esq. 

July  5,  1848. 

I  will  not  attempt  to  deny  that  we  have  the  physical  force  to  set 
up  for  our  paper  from  10  to  12  columns  of  matter  per  day,  but  when 
you  foolishly  "work  like  a  horse  for  ten  hours"  and  send  us  enough 
copy  to  fill  three  papers  instead  of  one,  insisting  it  all  shall  appear  at 
once,  why  the  thing  is  entirely  out  of  the  question.  If  the  editors  of 
[the]  Intelligencer  had  had  this  Treaty  to  set  up  today,  they  would 
have  published  it  in  their  paper  tomorrow  morning  and  not  pub- 
lished with  it  a  half  dozen  columns  of  editorial.  When  the  Intelli- 
gencer has  anything  of  this  kind  for  insertion  it  seldom  would  have 
more  than  a  column  of  editorial,  but  with  the  Union  it  is  different. 
Let  a  dozen  treaties  be  required  to  be  inserted,  the  editor  insists  upon 
having  his  usual  amount  of  editorial.  It  is  nonsense  to  compare  the 
Intelligencer  with  the  Union  in  regard  to  energy.  While  the  Intelli- 
gencer makes  it  a  point  to  produce  all  the  information  they  possibly 
can  and  always  give  place  to  it  in  preference  to  editorial,  the  Union 
makes  it  a  point  to  publish  so  much  editorial,  that  it  cannot  make 
room  for  anything  else.  Where  the  Intelligencer  publishes  one  column 
of  editorial  the  Union  publishes  four,  and  all  the  energy  man  ever 


224  Documents 


was  capable  of  would  not  sustain  a  paper  where  the  editor  requires 
so  much  space  for  his  editorials,  extracts,  communications,  etc., 
etc.,  etc.  For  instance,  to-day  we  received  Treaty  at  1  1-2  o'clock 
and  it  is  to  be  set  in  two  languages — English  and  Spanish.  It  will 
make  eight  columns  of  our  paper  and  the  extra  setting  of  it  in  type 
in  the  Spanish  language  will  make  the  labour  to  setting  up  twelve 
columns  in  english.  Yet  the  editor  not  only  insists  that  this  shall 
appear  (and  it  will  take  until  3  o'clock  tomorrow  morning  to  set  it 
up — so  Trenholm  says)  but  he  insists  that  the  4th  of  July  proceedings 
and  twenty  or  thirty  columns  more  must  have  room.  If  the  Treaty 
appears  to-night,  it  will  exclude  everything  else,  and  therefore  you 
see  how  unnecessary  it  was  to  work  uselessly  10  hours.  I  have  told 
you  time  after  time,  that  you  work  unnecessarily.  You  pore  over  old 
exchanges  for  hours  and  send  down  columns  upon  columns  of  articles 
which  are  hardly  looked  at  let  alone  set  in  type.  Two  such  papers 
as  the  Union  could  not  contain  all  the  matter  you  send  us  for  publica- 
tion. I  do  assure  you  I  have  not  sufficient  "energy"  to  keep  pace 
with  you  and  gladly  would  I  accept  an  opportunity  to  retire  from  the 
responsibility  devolving  on  me.  As  I  have  heretofore  remarked,  I 
will  gladly  turn  my  interest  over  to  any  friend  you  may  name — to 
yourself  if  you  say  so,  at  a  moments  notice.  God  knows  I  have  no 
desire  on  my  part  to  "ruin  the  business  of  the  Office"  and  if  by  your 
note  such  a  reflection  is  intended  I  beg  leave  to  withdraw  my  name 
without  delay. 

P.  S.  Since  writing  the  above  Mr.  Trenholm  informs  me  he  can- 
not possible  set  up  the  Treaty  in  time  for  to-morrow's  paper.  He 
says  the  copy  sent  us  is  incorrect  also.51 

13.  Memorandum  of  the  terms  of  dissolution  of  the  firm  of  Ritchie 
and  Heiss,*-  viz: 

1st  It  shall  take  date  on  the  first  of  September,  1848 — to  which 
point  the  accounts  are  to  be  settled.  Every  thing,  then  due  by  the 
firm  to  subscribers  or  others,  to  be  deducted  from  the  credits  and 
effects —  if  the  debts  be  greated  than  the  effects — each  party  to  be 
charged  with  one  half  of  the  excess.  If  the  debts  due  to  the  firm 
be  greater  than  those  due  by  it,  each  party  to  have  one  half  as  they 
may  be  thereafter  collected. 

2nd.  Thomas  Ritchie  will  convey  his  interest  in  the  Union  Build- 
ing (except  the  machinery  and  such  fixtures  as  properly  belong  to 
the  Printing  Office  and  newspaper  establishment)  to  John  P.  Heiss 
and  will  pay  him  also  three  thousand  dollars,  for  his  interest  in  the 
Union  establishment — the  said  Heiss  having  an  equal  interest  also, 
in  the  debts  due  the  concern  or  growing  due  beyond  its  liabilities  on 
the  1  Sept.  1848. 

3.  John  P.  Heiss  conveys  all  his  interest  in  the  establishment  on 
the  foregoing  terms  and  guarantees,  that  the  debts  due  the  concern 
will  be  collected  for  a  larger  amount,  than  the  debts  due  by  it,  on 
the  1st  Sept.  or  which  was  then  growing  due —  he  further  guaran- 
tees that  the  payments  made  to  Thomas  Ritchie  or  for  his  a-c, 
prior  to  1st  of  September  1848,  were  not  greater  than  he  was  en- 
titled to  receive  from  the  office. 

4.  The  said  Heiss's  private  account  with  the  firm,  to  be  settled 
as  if  this  contract  had  not  been  made. 

"Note  endorsed  in  handwriting  of  Mrs.  Heiss[?J:  "Showing  the  injudicious  course 
pursued  by  Mr.  Ritchie  and  Mr.  H's.  desire  to  withdraw  from  the  paper,  July  5th, 
1848.     Wishes  to  withdraw." 

"This  and  the  succeeding  document  relate  to  the  dissolution  of  partnership  between 
Ritchie  and  Heiss. 


Heiss  Papers  225 


5.  Thomas  Ritchie  agrees  to  rent  the  Union  Building  for  five 
years  from  1  Sept.  1848  at  eight  hundred  dollars  per  annum — in- 
cluding all  the  premises,  except  the  five  rooms,  of  the  ground  floor, 
fronting  on  the  street.    If  the  buildings  be  burnt,  the  rent  is  to  cease. 

6.  Each  party  is  to  be  entitled  to  collect  the  outstanding  debts 
for  which  he  is  to  account,  deducting  proper  expenses. 

We  agree  to  the  above 

Thomas  Ritchie 
John  P.  Heiss 

Witness 

Thomas  Green. 

Indorsed — 

ch.  J.  P.  Heiss 
Thomas  Ritchie 

and  Agreet. 

John  P.  Heiss 

Reed.  25th  Apl.  1849  to  be  recorded  and  the  same  day  was  recorded 

in  Liber  IAS  No.  3  folios  419  and  420  one  of  the  land  records  for 
Washington  County  in  the  district  of  Columbia,  and  examined  by 

Jno.  A.  Smith,  Clk. 

14.     This  memo,  of  agreement  made  this  30th  March   1849  between 
Thomas  Ritchie  and  John  P.  Heiss — witnesseth: 

That  in  lieu  of  all  further  detail  in  the  settlement  of  their  a/cs. 
of  the  late  partnership  of  Ritchie  and  Heiss,  which  has  always  been 
conducted  in  the  spirit  of  harmony  and  mutual  confidence  (and  which 
remain  undiminished),  it  is  agreed — that  Thos.  Ritchie  shall  give 
his  note  at  90  days  to  said  Heiss  for  Eighteen  hundred  dollars,  which 
will  be  in  full  of  all  said  Heiss's  interest  in  the  debts  and  effects  of 
the  Union  establishment.  Said  Ritchie  is  to  be  entitled  to  all  the 
debts  due  to  the  late  firm  in  any  manner  or  form  and  to  all  effects 
or  money  in  the  hand  of  their  agents.  Said  Heiss  is  to  settle  the 
debt  to  Corcoran  and  Riggs  of  twenty  five  hundred  dollars  and  is 
not  to  be  accountable  for  any  money  he  may  have  heretofore  re- 
ceived— the  uncollected  bills  he  will  transfer  to  the  order  of  said 
Ritchie. 

Said  Ritchie  will  execute  a  deed  to  said  Heiss  for  his  moiety  of 
the  Union  building  and  is  to  continue  to  pay  the  rent  at  Eight  hun- 
dred dollars  pr.  annum  from  the  first  of  Sept.  last.  As  witness,  our 
hand  and  seals  this  day  and  year  first  above  written, 

Thomas  Ritchie     (Seal) 
John  P.  Heiss     (Seal) 

Received  of  Thos.  Ritchie  his  negotiable  note  for  the  Eighteen 
hundred  dollars  specified  in  the  above  agreement.  As  witness  my 
hand  this  30  March  1849. 

John  P.  Heiss. 

Indorsed — 

ch.  J.  P.  Heiss 
Thomas  Ritchie 

and  Agreet. 

John  P.  Heiss 

Reed.  25th  Apl.  1849  to  be  recorded  and  the  same  day  was  re- 
corded in  Liber  IAS  No  3  folios  420  and  421  one  of  the  land  records 
for  Washington  County  in  the  district  of  Columbia  and  examined  by 

Jno.  A.  Smith,  Clk. 


226  Documents 


15.    Thomas  Ritchie,  to  Maj.  Heiss." 

I  could  write  you  a  long  letter,  but  a  short  one  may  answer  better. 

Robert  says,  you  were  in  bad  spirits  yesterday  morning — but  I 
should  not  have  suspected  it  from  the  happy  face  of  your  wife,  to 
whom  I  was  indebted  for  a  most  agreeable  ride  last  evening. 

Burke  called  upon  me  last  night  after  Robert  made  his  communi- 
cation to  me — B.  thinks  they  will  not  carry  out  their  plans.  We  ought 
not  to  resist  retrenchment  at  all — but  the  contract  system  would  be 
fatal  to  us — and  moreover  it  would  be  the  means  of  doing  the  work 
of  Congress  worse  and  more  slowly. 

If  I  could  help  you  I  would.  But  I  cannot  advise  you,  except  to 
say,  to  keep  up  your  spirits  in  the  first  place — we  have  done  our 
duty  faithfully  to  Congress  and  faithfully  to  Mr.  Polk  and  the  coun- 
try. This  is  our  consolation.  If  our  inconsiderate  friends  should 
cut  us  off  from  the  public  work,  then  we  must  consult  what  is  best 
to  be  done.  Curtail  our  expense  very  much  of  course,  though  it  will 
operate  against  the  Reports  of  Congress  and  in  other  respects,  and 
though,  I  fear,  after  all,  it  will  scarcely  be  worth  our  carrying  on 
the  Union.  However  Nous  Verrons".  Though  I  cannot  advise  you 
what  is  at  this  moment  best  to  be  done,  yet  Mr.  Green  will  be  in 
Washington  this  evening;  and  you  know  he  is  a  safe  and  efficient 
Councillor. 

The  next  thing  I  would  suggest  to  you,  is,  to  go  to  Col.  C.  John- 
son, who  is  our  friend  and  advise  with  him.  He  has  both  the  will 
and  the  ability  to  council  you  for  the  best 

Advise  with  Trenholm  too,  whether  we  had  not  better  circulate 
among  the  members — your  letter  and  His  and  Rives's,  and  also  the 
letter  to  G.  and  S.'s*  Foreman. 

Keep  cool,  do  not  indulge  your  suspicions  of  McKay's"  unfriendli- 
ness (See  our  friend  Trenholm  on  this  point)  and  hope  for  the  best. 
It  would  be  strange  indeed  if  this,  which  I  believe,  is  to  be  the  most 
brilliant  Congress  which  ever  sat  in  the  capitol  should  prove  the 
worst  for  you  and  your  friend.     Wednesday  morning. 


16.    A.  O.  P.  Nicholson57  to  John  P.  Heiss, 

Nashville,  November  30th,  1851. 

You  will,  no  doubt,  wonder  what  could  have  stirred  me  up  to  this 
tresspass  upon  your  attention.  It  is  said  that  an  old  stage  horse, 
turned  out  to  die  on  the  commons,  will  prick  up  his  ears  at  the  sound 
of  the  stage  horn.  I  suppose  that  it  is  the  same  way  that  a  retired 
or  defunct  politician,  from  force  of  habit,  pricks  up  his  ears  when 
the  "noise  and  confusion"  preparatory  to  a  Presidential  race  attract 
his  attention.  With  such  a  racket  your  name  is  so  intimately  asso- 
ciated that  I  have  concluded  to  break  our  long  suspended  intercourse 
and  bore  you  for  a  few  moments  with  a  small  political  augur.     The 

MThis  letter  is  undated.  It  evidently  refers  to  the  threatened  loss  of  the  public 
printing. 

"Perhaps  the  most  characteristic  expression  used  by  Thomas  Ritchie — which  be- 
came so  familiar,  that  it  was  frequently  applied  to  him  as  a  soubriquet. 

^Gales  and  Seaton's. 

"Chairman  of  the  Committee  on  Appropriations. 

"Nicholson,  who  had  been  appointed  by  Polk,  when  the  latter  was  Governor  of 
Tennessee,  to  fill  a  vacancy  in  the  United  States  Senate,  was  high  in  the  Democratic 
councils  of  Tennessee.  He  was  editor  of  the  Nashville  Union  when  Heiss  gave  up 
the  business  management.  He  was  devoted  to  the  interests  of  Lewis  Cass  and  urged 
his  nomination  for  the  presidency.  It  was  to  him  that  Cass  wrote  the  famous 
"Nicholson  letter."  He  was  elected  Senator  in  1857,  and  in  1861  threw  his  fortunes 
with  the  Confederacy. 


He-is  8  Papers  227 


disgraceful  thrashing  which  the  Whigs  gave  us  in  Tennessee  in 
August  has  produced  a  most  admirable  state  of  harmony  and  zeal 
in  our  ranks.  We  are  in  better  tune  for  making  good  democratic 
music  than  we  have  been  for  many  years.  There  is  but  little  feeling 
of  preference  as  between  the  several  aspirants  for  the  Presidency. 
I  am  satisfied  that  Gen.  Cass  would  carry  Tennessee  with  more  cer- 
tainty than  any  candidate  spoken  of  and  next  to  him  I  think  Judge 
Douglass  would  be  the  strongest,  but  there  would  be  no  hesitancy 
in  giving  to  either  Buchanan  or  Marcy  or  Houston58  a  hearty  sup- 
port. As  strange  as  it  may  seem  the  result  in  our  state  in  August 
has  impressed  us  with  the  conviction  that  the  state  is  democratic  and 
hence  in  the  next  race  we  shall  not  be  lacking  in  the  necessary  con- 
fidence of  success  to  enable  us  to  make  a  vigorous  fight  for  the 
nominee.  We  shall  enter  the  race  with  strong  hopes  of  carrying 
the  state  with  either  of  the  names  as  the  nominee  whilst  with  Cass 
or  Douglass  we  should  count  on  a  certain  victory.  At  present  this 
is  as  near  the  democratic  feeling  in  Tennessee  as  I  can  describe  it. 
As  to  the  Vice  Presidency  until  within  the  last  month  or  two  there 
was  a  feeling  of  indifference  which  indicated  no  feeling  of  prefer- 
ence for  any  of  the  several  aspirants.  But  within  the  last  two  months 
a  feeling  has  been  diffusing  itself  in  favor  of  Gen.  Pillow39  which  at 
present  points  him  out  unmistakeably  as  the  choice  of  the  Tennessee 
democracy.  This  feeling  took  its  rise  in  the  frequent  mention  of  Gen. 
Scott's  name  as  the  probable  candidate  of  the  Whigs  for  the  Presi- 
dency. The  name  of  Gen.  Pillow  has  been  so  recently  associated 
with  that  of  Gen.  Scott  in  connection  with  their  Mexican  quarrel  and 
trial  that  the  feeling  in  favor  of  Gen.  Pillow  was  almost  a  natural 
consequence.  I  returned  home  from  Nashville  yesterday  and  after 
mingling  for  a  week  with  the  democratic  members  of  the  Legisla- 
ture I  became  thoroughly  satisfied  that  the  vote  of  the  state  will 
be  given  to  Pillow  for  Vice  President  in  the  Baltimore  Convention. 
I  dont  think  that  the  name  of  any  other  Tennessean  will  be  brought 
forward  in  the  convention  and  his  friends  entertain  strong  hopes 
of  his  nomination. 

We  are  making  arrangements  to  hold  a  State  Convention  in  Nash- 
ville on  the  8th  of  Jany.  I  have  no  idea  that  any  preference  will  be 
expressed  as  to  the  Presidency  and  as  far  as  I  could  judge  whilst 
at  Nashville  I  think  the  sentiment  prevailed  that  it  would  be  best 
to  express  no  preference  as  to  the  Vice  Presidency  altho'  some  of 
Pillow's  friends  were  decidedly  for  an  expression  in  his  favor  and 
they  may  prevail  on  the  Convention  to  take  that  course.  I  have 
noticed  no  movement  by  the  Whigs  preparatory  to  their  National 
Convention  but  they  are  very  decidedly  in  favor  of  Fillmore.  He 
will  get  the  entire  vote  of  the  Southern  Whigs  but  I  see  no  prob- 
ability of  his  getting  any  Northern  states.  Indeed  I  see  no  chance 
for  his  nomination  whilst  I  consider  Gen.  Scott  as  already  good  as 
nominated.  I  consider  him  much  the  most  dangerous  candidate  the 
Whigs  could  run  and  if  we  beat  him  it  will  be  the  first  time  that 
gun  powder  and  humbuggery  have  been  whipped.  I  am  aware  that 
many  Southern  Whigs  now  declare  their  oposition  to  him  but  I  have 
heard  that  same  thunder  before  and  I  don't  choose  to  believe  in  it. 

I  hope  you  will  pardon  this  boring  and  if  you  would  subject  me  to 
a  similar  process  in  return  I  would  be  well  pleased. 


MSam  Houston  of  Texas  was  prominently  spoken  of  in  1852  as  a  presidential 
candidate. 

^General  Gideon  J.  Pillow  of  Tennessee,  connected  by  marriage  with  Aaron  P. 
Brown,  was  prominent  in  Tennessee  politics,  and  was  a  "favorite  son"  for  vice- 
president. 


228  Documents 


17.  Thomas  Ritchie,  Washington,  to  John  P.  Heiss. 

Feb.  16,  1852. 

John  C.  Rives  has  devoted  from  3  to  4  columns  of  his  Saturday's 
Daily  Globe  to  a  severe  commentary  on  your  late  article  in  the 
Delta. 

Mr.  Trenholm,  who  is  very  much  excited  by  this  elaborate  attack, 
promises  to  send  you  a  copy  of  the  Globe,  but  for  fear  of  accidents, 
I  will  attempt  to  procure  another  copy  and  send  it  to  you  today. 

The  gist  of  the  piece  is  in  the  last  paragraph,  where  he  out- 
rageously charges  you  with  drawing  money,  whilst  you  were  in  the 
navy,  on  false  pretences,  for  which  offence  you  were  dismissed  from 
the  service.00  He  states  that  the  proof  of  the  accusation  is  to  be 
found  in  the  Records  of  the  Navy  Dept.,  and  that  he  has  in  vain 
called  upon  the  Secy,  for  extracts  which  he  has  refused  to  give  him, 
and  stating,  that  you  were  the  only  person,  who  had  a  right  to  call 
for  them.  John  C.  Rives  affects  to  say,  that  he  has  derived  his  in- 
formation from  a  Captain  in  the  Navy. 

The  attack  of  Rives  has  produced  much  conversation  in  this  city, 
but  I  have  not  met  with  a  man  yet,  who  does  not  discredit  the  whole 
story. 

I  shall  not  condescend  to  notice  anything  that  he  says  to  me,  my 
only  care  is,  about  you.  I  have  advised  with  friends  whether  I  had 
not  better  throw  a  short  card  into  the  newspapers,  begging  a  sus- 
pension of  the  public  opinion  until  you  could  answer  for  yourself, 
but  they  tell  me  it  is  best  to  advise  you  of  the  movement,  and  wait 
for  your  own  action.*  I  have  suggested,  my  waiting  on  the  Secretary 
for  information,  but  they  again  reply,  that  I  have  no  authority  to 
call  for  facts,  which  you  alone  are  authorized  to  extract,  if  there 
be  any  on  record. 

I  need  not  tell  you,  my  dear  sir,  that  this  accusation  is  directly 
contradicted  by  everything  that  I  have  heard  or  seen  about  you,  and 
that  I  have  uniformly  reposed  every  confidence  in  the  integrity  and 
disinterestedness  of  your  character.  The  same  sentiment  pervades 
this  community. 

I  saw  Mr.  Corielle*1  in  this  city  a  few  days  ago,  and  I  went  to 
hunt  him  up  yesterday,  but  unfortunately  he  has  just  departed. 

Be  you  the  judge  of  the  best  course  you  ought  to  adopt,  but  I 
most  respectfully  suggest  whether  you  had  not  better  telegraph 
the  editors  of  the  Union  at  once  about  it,  and  then  come  on  without 
delay  yourself,  to  meet  the  accuser  here.  I  believe  this  is  the  advice 
too  of  your  best  Friends. 

18.  Henry  A.  Wise02  to  John  P.  Heiss*  Only,  Near  Ononcock,  Va. 

December  2nd,  1855. 

Your  want  of  acquaintance  with  me,  personally,  did  not  cut  you 
off  from  any  approach  which  you  chose  to  make  to  me  on  several 
accounts.  You  and  yours  had  been  kind  to  mine;  and  you  had  volun- 
tarily done  me  honor  far  beyond  my  deserts.  To  yourself  only  did 
you  owe  it,  to  make  the  explanation  which  I  reed  yesterday,  on  my 
return  from  Washington,  where  I  went  last  week  to  visit  a  sick  wife. 
1   understood  the  relation  of  things,  from  your  friends  as  well  as 

°°Thcre  are  in  the  Heiss  Papers  some  documents  referring  to  this  incident  in  the 
early  career  of  Heiss.  Heiss  replied  by  attacking  the  character  of  the  person  who 
was  cited  as  authority  for  the  story.  He  claimed  that  whatever  he  had  done  that  was 
culpable  was  not  in  his  own  action  but  the  result  of  orders  from  a  superior.  Ritchie's 
letter  was  followed  by  one  from  Trenholm  on  the  same  subject. 

«L.   S.  Coryell. 

•'Henry  A.  Wise  of  Virginia  had  just  finished  his  remarkable  campaign  against 
the  Know-Nothing  party. 


Heiss  Papers  229 


mine.  You  had  sold  out  and  the  Delta03  was  no  longer  independent. 
It  was  bought  up  for  a  purpose  to  make  a  President.  I  never  thought 
to  be  one,  but  if  the  office  comes  to  me  I  will  wield  it,  independently, 
to  promote  a  patriotic  and  pure  spirit,  in  times  which  are  almost 
destitute  of  anything  like  devotion  to  country  for  country's  sake. 
Your  efforts  in  the  Delta  looked  like  such  a  spirit.  I  regret  you  were 
induced  from  choice  or  necessity  of  change  to  relinquish  your  post. 
Of  that  you  were  rightful  judge.  I  can  only  say  that  I  am  grateful 
of  your  estimate.  I  wish  I  were  worthy  of  it.  The  Dallas  movement 
will  be  futile.  I  shall  go  for  Buchanan.  He  will  fail.  God  only 
knows  what  will  come  of  the  struggle.  I  will  try  to  be  prepared  for 
either  best  or  worst.  I  agonize  to  think  what  may  happen  to  the 
country. 

My  sister  loves  your  wife  so  much  that  I  cannot  resist  to  say: 
— my  compliments  to  her. 

19.  J.  T.  Pickett,  Gilmor  House,  Monument  Square,  Baltimore, 

to  Major  John  P.  Heiss,  Washington,  D.  C., 

May  9th,  1856. 

I  am  rejoiced  to  see  that  you  have  given  that  d — d,  malicious, 
squab,  toad  of  a  "fat  boy" — Wallach — M — what  he  has  most  richly 
deserved  a  thousand  times,  and  can  only  say,  in  the  language  of  the 
poet,  "hit  him  again." 

Sad  affair  that  at  Willards,65  but  hotel  keepers  and  their  servants 
have  got  to  be  so  high  &  mighty  in  these  United  States  that  Sena- 
tors can  scarcely  obtain  civil  treatment  at  their  hands.  I  have 
lived  in  hotels  all  my  life  but  always  had  a  great  aversion  for  Boni- 
face and  his  flunkies — especially  a  few  whom  I  could  name  in  Wash- 
ington. 

I  truly  hope  the  administration  is  at  length  whipped  into  recog- 
nizing Nicaragua.  Let  me  know  if  I  can  help  "the  cause"  any. 
Will  be  in  N.  Y.  a  fortnight  from  tomorrow. 

20.  Henry  A.  Wise,  to  John  P.  Heiss. 

Richmond,  Virginia,  February  6th,  1857. 

I  have  just  returned  here  from  an  absence  at  Washington  and 
find  yours  of  the  30th  ult.  I  heartily  approve  of  its  proposal  to  pub- 
lish an  independent  paper,68  Democratic  in  spirit,  which  will  not 
seek  the  patronage  either  of  Congress  or  the  Executive,  at  the 
Metropolis.  Truly  independent,  fairly  discriminating  according  to 
justice  and  truth,  dignified,  critical  and  statistical,  separate  from 
journals,  with  a  good  home  literary  and  scientific  column,  and  space 
cliques  and  aspirants,  with  good  types,  scanning  well  the  foreign 
journals,  with  a  good  home  literary  and  scientific  oclumn,  and  space 
for  able,  standard  doctrinal  essays,  it  will  be  self-sustaining.  I  will 
help  all  in  my  ability  to  sustain  such  a  journal.  It  is  not  money 
which  can  make  good  journalism — brains  and  pains  alone  can  do  it 
You  have  the  head,  and  need  only  a  liberal  line  of  agents  and  cor- 

^The  newspaper  which  Heiss  for  a  while  controlled  in  New  Orleans. 

wOn  May  8,  1856,  one  Wallach,  editor  of  the  Star  of  Washington,  was  attacked 
by  Heiss  with  a  cane.  Wallach  drew  a  revolver,  but  the  combatants  were  separated. 
Heiss  was  indicted  for  assault  and  battery,  submitted,  and  paid  a  fine  of  $47.51.  ^  The 
occasion  was  apparently  a  publication  which  reflected  on  the  character  of  the  Nicara- 
guan  envoy,   Father   Vigil. 

^William  Herbert,  a  member  of  Congress  from  California,  had  shot  and  killed 
one  of  the  Irish  waiters  at  Willard's  Hotel.  He  claimed  that  he  acted  in  self- 
defense. 

^Apparently  Heiss  was  feeling  his  way  with  regard  to  another  newspaper  enterprise 
in   Washington,   which   resulted  in   his  establishment  of  the  States. 


230  Documents 


respondents  to  acquire  an  army  of  100000  subscribers.     Have  agents 
in  every   Southern  section — sections  of  States  I  mean. 

21.  Alex  Dimitry*7  to  Major  Heiss,  October  30th,  1857. 

Conversing,  after  dinner,  with  my  wife,  on  the  nature  of  the 
festival  called  Allhallowmass,  or  all  Saints'  Day,  I  indulged  in  some 
considerations,  which  (  as  I  thought,  put  into  proper  shape,  might 
be  not  uninteresting  reading  for  your  third,  or  local,  page.  I  write 
them  down  and  send  them  to  you  to  make  out  of  them,  as  the  French 
say:  choux  on  des  raves,  cabbage  or  radishes,  as  you  please. 

With  best  regards  to  dear  Mrs.  Heiss  and  the  other  ladies  of  the 
household,  from  Mrs.  Dimitry  and  myself,  I  remain,  dear  Major, 
yours  with  affectionate  respect, 

22.  Jefferson  Davis,  Washington,  to  John  P.  Heiss. 

October  13th,  1859. 

Mr.  Callan  showed  me  your  note  to  him  containing  some  kind,  and 
very  gratifying  allusions  to  myself.68  I  had  not  forgotten  my  obli- 
gations to  the  conductors  of  the  Delta  when  you  were  connected 
with  it  nor  were  they  the  less  impressed  upon  me  because  there  was 
no  intercourse  between  us  in  relation  to  the  matter.  To  the  con- 
ductors of  the  public  press  the  conduct  of  public  men  should  be  a 
thing  apart  from  all  personal  relations,  and  no  one  should  receive 
unkindly  a  fair  criticism,  or  censure  decorously  administered. 

In  my  political  career  I  have  had  less  than  is  usual  to  do  with 
newspapers,  not  that  I  have  held  them  in  lower  consideration  than 
others,  but  the  rather  because  I  have  felt  we  had  separate  walks 
which  best  could  be  trodden  when  we  kept  apart;  and  also  no  doubt 
because  I  have  always  been  too  busy  in  my  own  sphere  to  encroach 
upon  another.  I  am  about  to  leave  for  Missi.  and  write  you  this 
note  before  going,  having  been  prevented  by  frequent,  though  slight 
illness  from  calling  upon  you  to  make  in  person  my  acknowledgements 
for  your  kindness. 


•"Minister  to  Nicaragua  and  Costa  Rica. 

•Heiss  was  becoming  more  and  more  identified  with  the  extreme  southern  position 
in   the  democratic   party. 


HISTORICAL  NOTES  AND  NEWS, 

Members  of  the  Tennessee  Historical  Society  will  regret  to  learn 
of  the  death,  in  Lincoln,  Nebraska,  of  Mr,  Clarence  S.  Paine,  the 
genial  and  efficient  secretary  of  the  Mississippi  Valley  Historical 
Association. 

The  collection  of  manuscripts  of  the  Tennessee  Historical  Society 
other  than  the  selection  of  the  oldest  and  most  valuable  which  is 
kept  in  a  safe  deposit  vault,  has  been  removed  from  the  rooms  of  the 
Society  to  the  Thruston  Room  in  the  Main  Building  of  Vanderbilt 
University,  which  is  entirely  fire-proof.  Temporary  accommodations 
are  thus  offered  to  the  Society  without  expense  until,  as  is  hoped, 
the  State  of  Tennessee  shall  provide  fire-proof  quarters  for  all  the 
Society's  possessions. 

GENEALOGICAL  INQUIRY. 

It  is  not  the  plan  of  The  Tennessee  Historical  Magazine  to 

devote  space  to  purely  genealogical  matters.  The  Tennessee  His- 
torical Society  is  not  in  a  position  at  present  to  have  an  official 
genealogist.  Genealogical  inquiries  therefore  must  be  referred  to 
voluntary  action  of  members  of  the  Society.  The  Magazine  will  be 
glad,  however,  to  print  specific  requests  for  information,  provided 
these  are  made  concise  and  within  brief  compass. 

We  take  pleasure  in  printing  the  essential  paragraphs  of  such 
an  inquiry  received  from  Mrs.  M.  H.  Burrell,  whose  address  is  4G 
Seventh  Avenue,  New  York  City,  hoping  that  some  of  our  members 
may  be  of  assistance  to  Mrs.  Burrell. 

"Could  you  tell  me  where  the  early  marriage  records  of  Tennes- 
see are  kept — such  as  are  existent.  I  presume,  of  course,  that  they 
met  with  the  vicissitudes  consequent  on  such  records  in  those  perilous 
times,  but  some  must  have  survived. 

"I  am  looking  particularly  for  the  names  of  the  wives  of  Henry 
Small,  Coroner,  Mont.  Co.  1810,  and  Sheriff,  Stewart  Co.,  1808-10; 
pp.  764,  905,  History  of  Tennessee,  1886,  Goodspeed  Co.;  and  Joseph 
and  Thos.  Washington  of  early  Tennessee; — Thos.  later  of  Georgia. 
I  have  made  something  of  a  study  of  the  Washingtons  of  Northamp- 
ton Co.,  N.  C,  descendants  of  Lawrance  Washington,  of  Burleigh, 
England,  younger  brother  of  Col.  John,  ancestor  of  the  great  Wash- 
ington, and  in  exchange  for  any  information  you  can  furnish  me, 
will  be  pleased  to  send  anything  new  I  can  in  relation  to  this  in- 
teresting minor  branch  of  the  Washingtons.  I  understand  that  some 
of  the  family  have  been  distinguished  in  political  life  in  Tennessee — 
one  Hon.  George  A.  and  Hon.  John  A. — the  latter,  I  think,  as  a 
Representative  in  Congress.  Probably  you  know  the  name  and  ad- 
dress of  the  present  head  of  the  family  now  and  can  inform  me.  I 
think  some  member  of  the  family  married  a  Small,  a  Bailey  or  a 

Dunn. 

"I  have  been  more  than  interested  in  studying  the  early  history 
of  Tennessee,  a  minute  knowledge  of  which  is  new  to  me,  and  a 
revelation.  Why  do  not  the  parishes  publish  their  records  and  sell 
them  to  the  libraries?  North  Carolina  is  doing  a  great  work  for  us 
researchers — Virginia  also. — We  want  the  real  church  records  to 
study  in  connection  with  the  State  and  County  histories — so  well 
already  done. 


232  Notes  and  News 


Henry  Small:   Mar. — ? 
Resigned  as  J.  P. 

Beauford  Co.  S.  C.  1790;  later  in  Tennessee.  Mathew  Washington 
Small,  prob.  son,  6,  Oct.  1806,  d.  Edgefield,  S.  C.  Mar.  11,  1860: 
Margaret  Dunn,  dau.  Moses  McLean  Dunn,  Elizabeth  Wells.  Moses 
McLean  Dunn,  son  of  (Azariah?). 

Hay  don 
Elizabeth  Wells,  dau.  of  John 

Philip 

Joseph  Washington:  mar.  ? 
Thos.  Washington:  mar.  ? 

Whose  son  was  Ethelred  Washington,  fifer  [?],  Va.  Cont.  Line, 
whose  heir  Wm.  Washington,  had  grant  of  '1000  acres  of  land  in 
Tennessee?'  " 


MCCLURE'S  "STATE  CONSTITUTION-MAKING." 

At  first  sight  Mr.  McClure's  book,  State  Constitution-Making, 
With  Especial  Reference  to  Tennessee,  recently  published  by 
Marshall  and  Bruce,  Nashville,  might  seem  to  be  born  under 
an  unlucky  star,  coming  forth  as  it  does  almost  at  the  same  time 
that  the  proposal  for  a  constitutional  convention  has  been  defeated. 
In  the  election  authorized  by  the  last  General  Assembly  of  Ten- 
nessee to  determine  whether  or  not  there  should  be  a  convention  to 
amend  the  constitution  of  the  state,  a  majority  of  votes  were  cast 
against  the  convention.  Before  the  election  no  organized  opposi- 
tion appeared,  while  those  favoring  the  convention  were  active.  The 
defeat  at  the  polls  was  due  in  large  part  to  lack  of  interest  in  the 
matter  but  more  to  the  conservatism  of  the  counties  of  smaller  popu- 
lation and  remoter  situation.  In  East  Tennessee,  where  the  ma- 
jorities were  particularly  heavy  against  the  convention,  it  has  been 
suggested  that  the  question  of  apportionment  had  something  to  do 
with  the  decision.  Some  have  offered  as  the  explanation  the  fear 
that  the  convention  would  listen  to  the  advocates  of  woman  suffrage, 
of  compulsory  voting,  and  other  changes  considered  radical.  There 
was  not  lacking,  of  course,  the  argument  that  the  old  constitution 
was  good  because  it  was  old. 

To  help  in  forming  public  opinion  on  the  subject  of  constitutional 
revision  in  Tennessee  was  the  purpose  in  the  mind  of  Mr.  Wallace 
McClure,  Cutting  Traveling  Fellow  in  Columbia  University,  and  a 
member  of  the  Knoxville  bar,  in  writing  the  volume  under  review. 
Mr.   McClure's  interest  in   the  subject  is  known  to  readers  of  the 

Tennessee  Historical  Magazine  through  his  two  papers,  The  De- 
velopment of  the  Tennessee  Constitution,  and  Governmental  Re- 
organization,  a  Constitutional  Need  in  Tennessee,  appearing  in  the 
numbers  of  December,  1915,  and  June,  1916,  respectively.  These 
papers  have  been  worked  over  in  Part  I  of  Mr.  McClure's  book, 
which  is  entitled  "Constitutional  Development  in  Tennessee,,,  and  in 
Part  III,  "Tennessee  Problems."  These  two  parts  make  up  but 
fifty  pages  of  the  book,  while  Part  II,  nearly  300  pages  in  extent, 
deals  with  current  thought  and  action  upon  constitutional  problems. 
This  part  of  the  book,  which  could  constitute  a  separate  work,  is  a 
review  of  recent  changes  in  the  state  constitution  preceded  by  a 
general  analysis  of  written  constitutions  in  the  states  carried  on  by 
topics  such  as  elections,  taxation,  etc.     To  each  chapter  of  this  part 


Notes  and  News  233 


is  appended  a  "Tennessee  Note,"  which  gives  the  provisions  of  the 
Tennessee  Constitution  if  there  be  any  which  apply  to  the  topic 
under  discussion.  The  first  part  is  an  historical  introduction.  Part 
III  deals  exclusively  with  the  possibilities  of  reform  in  Tennessee. 
If  one  views  Mr.  McClure's  book  as  intended  for  the  general  reader  or 
student  of  the  United  States,  one  is  obliged  to  wonder  if  the  book 
will  be  of  wide  appeal,  weighted  as  it  is  with  so  much  that  has  to  do 
only  with  Tennessee.  But  as  to  the  importance  of  the  work  for 
Tennessee  there  can  be  no  question.  The  people  of  Tennessee  like 
those  of  most  other  states  are  inclined  to  leave  their  governmental 
affairs  and  their  political  thinking  to  no  small  extent  to  those  trained 
in  the  law.  But  however  successful  as  a  practicing  lawyer  a  man 
may  be,  it  does  not  follow  that  he  is  well  informed  with  regard  to 
government  in  the  wider  sense.  While  Mr.  McClure's  book  in  no 
wise  assumes  a  didactic  form,  but,  on  the  contrary,  is  written  in  a 
plain,  straightforward  manner,  it  might  indeed  well  be  a  text-book 
not  only  for  the  members  of  the  constitutional  convention  but  for 
every  member  of  the  General  Assembly  of  Tennessee.  The  results 
of  the  recent  election  show  that  the  public  must  be  educated  to  a 
wider  interest  in  the  constitution.  No  agency  could  work  better 
towards  this  end  than  this  book  of  Mr.  McClure's. 

The  Tennessee  reader  who  wishes  to  learn,  for  example,  what 
force  there  is  in  the  criticism  of  the  present  constitution  from  the 
standpoint  of  those  who  wish  better  taxation,  will  find  in  Chapter 
15  a  "model  tax  clause,"  a  discussion  of  the  general  provisions 
found  in  the  states  as  to  taxation,  assessment,  etc.,  and  a  special 
explanation  of  the  restrictive  clauses  in  Tennessee  Constitution. 
Moreover,  the  newer  topic  of  the  short  ballot,  recall,  and  referendum, 
the  state  budget,  home  rule  for  cities,  city  manager  plan,  and  the 
consolidation  of  city  and  county  government,  will  find  succinct  dis- 
cussions of  these  topics,  and  in  the  opening  pages  a  very  well  worked 
out  bibliography   which   will   guide   him  to   further   reading  on   the 

subject. 

In  an  appendix  are  given  in  parallel  columns  the  four  constitu- 
tions of  Tennessee  in  1870,  Tennessee  in  1834,  Tennessee  in  1796, 
and  North  Carolina  in  1776;  the  ordinance  of  the  constitutional 
convention  of  1870,  the  acts  of  1915,  chs.  110  and  111,  which  provided 
for  the  election  just  held,  and  the  equal  suffrage  amendment  ap- 
proved March  15,  1915.     There  is  an  index  to  the  text. 

If  it  were  possible  to  bring  the  contents  of  Mr.  McClure's  book 
before  the  thinking  people  of  Tennessee,  a  good  deal  would  have 
oeen  done  towards  the  establishment  of  a  more  informed  and  there- 
fore wiser  public  opinion  with  regard  to  the  fundamental  law  of  the 
state.  If  this  were  to  be  accomplished,  the  delay  in  the  voting  on 
proposed  amendments  would  not  be  matter  of  regret. 


TENNESSEE 


->-* 


HISTORICAL  MAGAZINE 


Vol.  2.  DECEMBER,  1916.  No.  4. 


FORT  PRUDHOMME:  WAS  IT  THE  FIRST  SETTLE- 
MENT IN  TENNESSEE? 


No  keener  interest  is  aroused  in  the  public  mind  by  any 
phase  of  the  early  history  of  a  country  than  the  story  of  its 
first  settler,  the  pioneer  builder  of  the  future  state.  The  iden- 
tity of  the  first  settler  or  colony  of  settlers  in  Tennessee  has 
been  a  much  disputed  question  among  historians  for  more 
than  a  century.  Though  the  influx  of  early  population  un- 
questionably came  over  the  mountains  from  the  Carol inas  and 
Virginia  into  East  Tennessee,  the  first  bona  fide  settlement 
has  been  conceded  by  practically  all  historians,  writing  since 
the  early  part  of  the  last  century,  to  West  Tennessee,  through 
the  agency  of  the  French  explorers  of  the  Mississippi  River. 
These  very  reputable  writers  agree  that  the  name  of  this  first 
settlement  alleged  to  have  been  established  by  Sieur  Robert 
Cavelier  de  la  Salle  in  1682  was  Fort  Prudhomme,  though 
they  are  at  variance  as  to  the  site,  a  few  placing  it  at  the  first 
Chickasaw  Bluff  on  the  Mississippi  River,  though  the  greater 
number  locate  it  at  the  fourth  or  lower  Chickasaw  Bluff,  the 
present  site  of  the  city  of  Memphis.  It  may  be  stated  here 
that  there  are  four  bluffs  abutting  on  the  Mississippi  River  be- 
tween the  mouth  of  the  Ohio  and  the  northern  limits  of  the 
State  of  Mississippi,  known  as  the  first,  second,  third  and 
fourth  Chickasaw  Bluffs.  These  are  westerly  projections,  into 
the  alluvial  basin,  of  the  great  plateau  which  constitutes  West 
Tennessee.  The  first  of  these  touches  the  River  at  Fulton, 
Tennessee,  opposite  the  lower  end  of  Island  33,  some  62  miles 
by  river  above  Memphis.  The  second  is  at  Randolph,  about 
10  miles  below  the  first  bluff  by  water;  the  third  is  opposite 
Island  36,  and  the  fourth  bluff  is  just  below  the  mouth  of 
Wolf  River  and  forms  the  terrace  or  plateau  on  which  Mem- 
phis now  stands. 

If  we  may  treat  the  coming  of  DeSoto,  May  8th,  1541,  to  the 
lower  Chickasaw  Bluff,  the  cantonment  of  his  troops  in  huts 
here  for  thirty  days,  and  the  establishment  of  a  rude  shipyard 


236  I.     I'.    YOUNG 


in  which  he  constructed  four  piraguas  or  barges  in  which  to 


/ 


transport  his  forces  across  the  river,  as  a  settlement  in  Ten- 
nessee, then  the  investigation  of  LaSalle's  adventure  would 
be  unnecessary  and  we  could  accept  DeSoto  as  the  first  settler 
of  our  Rtate.  Again,  if  we  could  accept  as  a  settlement  the 
arrival  here,  in  1739,  of  Governor  Jean  Baptiste  Le  Moyne  de 
Bienville  with  1200  French  colonial  and  Swiss  troops  and  2400 
Indian  allies  and  the  erection  on  the  bluff  where  Memphis  now 
stands  of  Fort  Assunipcion,  a  considerable  fortress,  "con- 
structed of  piles,  three  bastions  bearing  on  the  plain  and  two 
half  bastions  on  the  river,"  all  heavily  mounted  with  ordnance, 
and  the  residence  of  that  entrenched  force  on  the  bluff  here 
from  July,  1739  to  March^  31, 1740  in  an  endeavor  to  conquer  the 
Chickasaw  Indians,  then  such  settlement  would  have  preceded 
the  first  Anglo-American  settlement  at  Fort  Loudon,  in  East 
Tennessee,  by  some  17  years  and  have  given  the  palm  to  West 
Tennessee. 

But  passing  by  these  seizures  by  the  early  Spanish  and 
French  Commanders,  of  the  lower  Chickasaw  Bluff  and  their 
operations  here,  as  mere  temporary  expedients  in  a  campaign 
having  other  and  specific  military  objectives  than  a  purpose 
to  plant  settlements  here,  we  come  to  examine  the  claims  ad- 
vanced by  several  historians  that  the  French  explorers  who 
erected  Fort  Prudhomme  in  1682  should  be  recognized  as  the 
builders  of  the  first  cabin  and  founders  of  the  first  settle- 
ment on  the  soil  of  Tennessee.  To  that  end  excerpts  will  be 
made  in  chronological  order  from  the  works  of  those  who  have 
given  the  story  of  the  settlement. 

The  first  will  be  quoted  from  will  be  the  History  of  Louis- 
iana by  Francois  Xavier  Martin  (1827),  which  thus  narrates 
the  founding  of  Fort  Prudhomme  by  LaSalle  in  February, 
1682: 

"They  made  a  short  stay  at  the  mouth  of  the  Ohio,  floating 
down  to  the  Chickasaw  bluffs,  one  of  the  party  going  into  the 
woods,  lost  his  way.  This  obliged  Lasalle  [sic]  to  stop.  He 
visited  the  Indians  in  the  neighborhood  and  built  a  fort  as  a 
resting  place  for  his  countrymen  navigating  the  river.  At  the 
solicitation  of  the  Chickasaw  Chiefs,  he  went  to  their  prin- 
cipal village,  attended  by  several  of  his  men,  they  were  en- 
tertained with  much  cordiality  and  the  Indians  approved  of 
his  leaving  a  garrison  in  the  fort  he  was  building.  The  Chick- 
asaws  were  a  numerous  nation  able  to  bring  two  thousand 
men  into  the  field.  Presents  were  reciprocally  made  and  the 
French  and  Indians  parted  in  great  friendship.  Lasalle,  on 
reaching  his  fort  was  much  gratified  to  find  that  the  man  who 
was  missing.  He  left  him  to  finish  the  fort,  and  to  command 
its  small  garrison.    His  name  was  Prudhomme;  it  was  given 


FORT   PRUDHOMME  237 


to  the  fort — and  the  bluff,  on  which  the  white  banner  was  then 
raised,  to  this  day  is  called  by  the  French  ecor  a  Prudhomme. 
This  is  the  first  act  of  formal  possession  taken  by  the  French 
nation  of  any  part  of  the  shores  of  the  Mississippi." 

The  next  narrative  in  chronological  order  is  that  in  the 
History  of  the  Discovery  and  Settlement  of  the  Valley  of  the 
Mississippi,  by  Dr.  John  W.  Monette  (1846).  The  sketch  fol~ 
lows  briefly  that  of  Martin  given  above.  He  says:  "The  party 
(LaSalle's)  next  delayed  a  few  days  at  the  mouth  of  the  Ohio, 
where  LaSalle  made  some  arrangements  for  trade  intercourse 
with  the  Indians.  Thence  they  proceeded  to  the  first  Chicka- 
s&  Bluffs.  Here  LaSalle  entered  into  amicable  arrangements 
for  opening  a  trade  with  the  Chickas&  Indians,  where  he  es- 
tablished ai  trading  post  and  obtained  permission  to  build  a 
stockade  fort.  This  he  designed  as  a  point  of  rendezvous  for 
traders  from  the  Illinois  country,  passing  to  the  lower  posts 
on  the  river.  The  post  was  called  Prudhomme,  in  honor  of 
the  man,  who  with  a  small  garrison  was  left  in  command.'' 

We  will  now  look  into  the  works  of  the  Tennessee  his- 
torians; in  pursuing  the  object  of  our  search,  quoting  first 

from  the  learned  Dr.  J.  G.  M.  Ramsey,1  the  earlier  historian 
Judge  John  Havwood  having  onlv  mentioned  that  he  had 
seen  an  early  map  with  the  French  fort  Prudhomme  shown  at 
the  Chickasaw  Bluff,  but  not  mentioning  which  bluff. 

Dr.  Ramsey  says  of  this  Fort:  "As  he  (LaSalle)  passed 
down  the  river  he  framed  a  cabin  and  built  a  fort  called 
Prud'homme,  on  the  first  Chickasaw  Bluff.  The  first  work, 
except  probably  the  piraguas  of  DeSoto,  ever  executed  by  the 
hand  of  civilization  within  the  boundaries  of  Tennessee.  A 
cabin  and  a  fort!  Fit  emblem  and  presage  of  the  future  in 
Tennessee.  The  axe  and  the  rifle,  occupancy  and  defense,  set- 
tlement and  conquest!" 

"While  at  the  Bluff,  LaSalle  entered  into  amicable  arrange- 
ments for  opening  a  trade  with  the  Chickasaws  and  establish- 
ing there  a  trading  post  that  should  be  a  point  of  rendezvous 
for  traders  passing  from  the  Illinois  Country  to  the  post  that 
should  be  established  below.  The  commercial  acumen  of  La- 
Salle in  founding  a  trading  post  at  this  point  is  now  made 
most  manifest.  Near  the  same  ground  has  since  arisen  a  city, 
whose  commerce  already  exceeds  that  of  any  other  city  in  Ten- 
nessee." 

In  the  Goodspeed  History  of  Tennessee  (1886),  the  com- 
pilers use,  almost  verbatim,  a  part  of  the  above  narrative  of 
Dr,  Ramsey,  placing  Fort  Prudhomme  on  the  first  Chickasaw 
Bluff,  and  add:     "Since  the  time  of  LaSalle  the  largest  com- 

■ 

*The  Annals  of  Tennessee  to  the  end  of  the  Eighteenth  Century, 
by  J.  G.  M.  Ramsey,  A.M.,  M.D.,  1853. 


238  J.    i\    YOUNG 


raercial  city  of  Tennessee  has  been  established  and  developed 
very  near,  if  not  precisely  upon  the  very  spot  selected  by  him 
for  his  trading  post." 

Justin  Winsor,  in  his  Narrative  and  Critical  History  of 
America  (1888),  merely  chronicles  that  LaSalle's  party:  "flop- 
ping at  one  of  the  Chickasaw  Bluffs  built  a  small  stockade 
and  called  it  after  Prudhomme,  who  was  left  in  charge  of  it." 

Claiborne,  in  his  book,  Mississippi  as  a  Province,  Territory 
and  State  (1879),  does  no  more  than  record  that  LaSalle's 
party  on  February  28,  1682  "reached  the  Chickasaw  Bluffs." 


Mr.  Keating,  the  Memphis  historian,  is  more  comprehensive 
in  his  statements,  relating  not  only  to  LaSalle's  voyage  down 
the  Mississippi  Kiver  but  including  also  Marquette  and  Joliet's 
journey  1673  and  Father  Hennepin's  1680.  In  volume  1,  pages 
26-27,  of  his  History  of  Memphis  (1889),  he  thus  records  these 

several  transactions:  "On  their  (Marquette  and  Joliet's)  way 
back  they  stopped  at  the  Chickasaw  Bluffs  and  Marquette 
marked  it  for  a  Mission,  and  Joliet  established  a  trading  post 
at  that  time  the  last  in  a  continuous  line  from  Quebec  by  way 
of  the  St.  Lawrence  River,  the  lakes  and  the  Fox,  the  Wiscon- 
sin or  the  Illinois  River,  a  post  that  was  thereafter  to  be 
continued  as  the  nest  or  nucleus  of  a  great  city  with  but  few 
interruptions,  only  changing  from  French  to  Spanish,  and 
thence  to  English  and  finally  to  American  control." 

And  on  page  27  the  author  continues:  "Two  years  after 
Hennepin's  visit  (1680)  and  nine  years  after  the  departure 
of  Joliet  and  Marquette,  Chisca  (4th  Chickasaw  Bluff)  was 
taken  possession  of  in  Sept  1681  [sic],  by  Robert  Cavelier 
de  la  Salle,  an  officer  in  the  service  of  France,  who  proclaimed 
it  and  all  the  country  about  it  from  ocean  to  ocean  to  be  the 
possessions  of  his  king,  and  named  it  Louisiana.  He  made  a 
treaty  of  peace  with  the  Chickasaw  Indians  and  built  a  fort 
with  necessary  cabins  near  the  mouth  of  the  Nashoba  (Wolf) 
River  which  he  named  the  Margot  (Blackbird).  In  honor  of 
the  officer  he  left  in  command,  he  named  the  fort,  Prudhomme. 
This  was  the  first  attempt  at  military  occupation  by  a  military 
power  on  the  banks  of  the  Mississippi  River." 

Mr.  Phelan2  narrates  that :  "more  than  one  hundred  years 
later  (after  DeSoto's  visit)  LaSalle  desiring  to  enter  into 
amicable  relations  with  the  aboriginal  inhabitants  along  the 
banks  of  the  Mississippi  River,  was  forced  by  geographical 
considerations  to  build  his  fort  here.  He  gave  it  the  name  of 
Prudhomme.  This  was  probably  in  1682."  At  page  5  of  his 
book  in  a  foot  note  Mr.  Phelan  says:    "Ramsey  (p.  39)  says 

'History  of  Tennessee,  James  Phelan,  1888. 


j 


FORT   PRUDHOMME  239 


that  the  fort  was  built  on  the  first  Chickasaw  Bluff,  it  was  the 
fourth." 

There  are  probably  other  writers  who  have  taken  the  same 
view  about  the  location  of  this  fort  and  the  purposes  of  the 
builder,  which  have  escaped  the  attention  of  the  writer.  After 
considering  the  positive  statements  of  all  these  reputable  his- 
torians, the  average  student  of  history  would  unquestionably 
be  justified  in  accepting  this  central  statement,  that  LaSalle 
in  1682,  on  his  voyage  down  the  Mississippi  River,  had  se- 
lected the  fourth  or  lower  Chickasaw  Bluff,  the  site  of  the 
present  large  city  of  Memphis,  as  a  suitable  location  for  one 
of  the  chain  of  French  forts  from  the  great  lakes  to  the  Gulf 
of  Mexico  and  had  built  a  fort  and  cabins  here,  established 
amicable  trade  relations  with  the  dominant  Indian  tribe,  the 
Chickasaws,  on  the  lower  Mississippi  and  had  left  a  perma- 
nent French  settlement  at  this  point,  the  first  white  man's 
lodgement  in  the  limits  of  the  present  state  of  Tennessee. 

But  a  close  inspection  of  the  narratives  of  some  of  the 
persons  who  accompanied  LaSalle  on  his  long  journey  down 
the  Mississippi  River  in  1682,  the  writings  having  been  made 
under  the  immediate  eve  of  LaSalle  and  one  of  them  officiallv 

c  t 

signed  by  him,  would  seem  to  overcome,  indeed,  to  dissipate 
the  conclusions  of  the  later  historians,  who  manifestly 
had  no  access  to  these  reports  and  diaries,  and  to  establish 
the  fact  that  LaSalle  made  no  settlement  whatever  at  Fort 
Prudhomme,  entered  into  no  treaty  with  the  Chickasaw  In- 
dians on  that  journey  and  did  not  in  fact  stop  at  all  on  the 
lower  or  fourth  Chickasaw  Bluff,  while  passing  down  the  great 
river. 

In  ordetf  to  make  this  clear  we  will  turn  to  the  storv  of 
the  voyage  of  Sieur  Robert  Cavelier  de  la  Salle,  to  explore  the 
Mississippi,  from  the  manuscripts  of  Father  Zenobe  de  Membre 
(sometimes  written  Zenobius  Membre)  compiled  by  Father 
Chretien  Le  Clercq  and  published  in  his  Establissement  de 
la  Foi  etc.  (Paris,  1691).  Zenob£  de  Membre  was  a  Recollect 
Missionary  of  the  order  of  St.  Fancis,  who  accompanied  La- 
Salle throughout  this  voyage  as  chaplain  and  is  extremely  full 
in  his  narrative,  both  as  to  the  country  and  the  occurrences 
of  the  voyage.  This  narrative,  in  the  third  part  of  the  work  of 
LeClercq,  was  translated  by  John  Gilmary  Shea,  in  his  Dis- 
covery and  Exploration  of  the  Mississippi  Valley  (New  York, 
1852).  Father  Zenob£  de  Membre  traveled  in  the  same  boat 
with  LaSalle  and  was  evidently  the  chronicler  of  the  voyage, 
though  an  official  report  was  made  up  at  the  request  of  LaSalle 
by  the  notary,  Metarie,  and  signed  by  all  the  voyagers,  which 

lias  been  preserved  and  translated  in  the  life  of  LaSalle  by 
Jared  Sparks  and  will  be  referred  to  later  in  this  article. 


240  J.    P.    YOUNG 


Father  Zenob6  de  Membr6  after  reciting  the  entrance  from 
the  Seignelay  or  Illinois  River  into  the  Mississippi  on  the 
6th  of  February  1082  and  the  stop  at  the  mouth  of  the  Oua- 
bache  or  Ohio  River,  thus  continues :  4*From  the  mouth  of  thig 
river  you  must  advance  forty  two  leagues  without  stopping, 
because  the  banks  are  low  and  marshy,  and  full  of  thick  foam, 
rushes  and  walnut  trees.  On  the  24th  those  whom  we  had  sent 
out  to  hunt  all  returned  but  Peter  Prudhomme;  the  rest  re- 
ported that  they  had  seen  an  Indian  trail,  which  made  us  sup- 
pose our  Frenchman  killed  or  taken.  This  induced  the  Sieur 
de  la  Salle  to  throw  up  a  fort  and  intrenchment,  and  to  put 
some  French  and   Indians  on  the  trail.     None  relaxed  their 

* 

efforts  till  the  first  of  March,  when  Gabriel  Minime  and  two 
Mohegans  took  two  of  five  Indians  whom  they  discovered. 
They  said  that  they  belonged  to  the  Sicacha  (Chickasaw)  na- 
tion, and  that  their  village  was  a  day  and  a  half  off.  After 
showing  them  every  kindness,  I  set  out  with  the  Sieur  de  la 
Salle  and  half  our  party  to  go  there  in  hopes  of  learning  some 
news  of  Prudhomme;  but  after  having  travelled  the  distance 
stated,  we  showed  the  Indians  that  we  were  displeased  with 
their  duplicity;  they  then  told  us  frankly  that  we  were  still 
three  days  off.  (These  Indians  generally  count  ten  or  twelve 
leagues  to  a  day).  We  returned  to  camp  and  one  of  the  In- 
dians having  offered  to  remain  while  the  other  carried  the 
news  to  the  village,  LaSalle  gave  him  some  goods,  and  he  set 
out  after  giving  us  to  understand  that  we  should  meet  their 
nation  on  the  banks  of  the  river  as  we  descended. 

"At  last  Prudhomme,  who  had  been  lost,  was  found  on  the 
ninth  day  and  brought  back  to  the  fort,  so  that  we  set  out 
the  next  day,  which  was  foggy.  Having  sailed  forty  leagues 
fall  the  3rd  day  of  March,  we  heard  drums  beating  and  sasa- 
couest  (war  cries)  on  our  right.  Perceiving  that  it  was  an 
Akansea  village,  the  Sieur  de  la  Salle  immediately  passed  over 
to  the  other  side  with  all  his  force,  and  in  less  than  an  hour 
threw  up  a  retrenched  redoubt  on  a  point,  with  palisades,  and 
felled  trees  to  prevent  a  surprise,  and  give  the  Indians  time 
to  recover  confidence." 

Here  is  the  chronicle  or  diary  of  a  man  of  intelligence  and 
observation  who  was  at  the  elbow  of  LaSalle  during  all  of 
that  daring  voyage  and  whose  accuracy  has  never  been  ques- 
tioned, but  who  makes  no  mention  of  a  cabin  or  a  colony  at 
Fort  Prudhomme,  nor  any  amicable  trade  arrangements  with 
the  Chickasaw  Indians.  But  he  tells  us  that  losing  one  of 
his  hunters  in  the  forest  at  the  first  plat  of  ground  sufficiently 
elevated  above  overflow  to  permit  them  to  land,  after  passing 
the  mouth  of  the  Ohio,  42  leagues  or  one  hundred  and  five 
miles  above,  LaSalle  stopped  to  search  for  him,  and  finding 


FORT   PRUDHOMME  241 


* 


some  Chickasaw  Indians  near  by,  constructed  a  little  stockade 
or  fort  for  protection  and  on  the  ninth  day  after  his  disap- 
pearance found  the  lost  hunter  Prudhomme  and  resumed  his 
voyage  to  the  mouth  of  the  river.  It  will  also  be  noted  in  the 
narrative  that  LaSalle  threw  up  a  little  "retrenched  redoubt 
on  a  point  with  palisades  within  an  hour"  opposite  the  Akansa 
village,  also  as  a  hasty  measure  of  protection  against  the  In- 
dians and  we  have  no  reason  to  believe  that  Fort  Prudhomme 
was  any  more  substantial  or  of  any  different  character.  The 
distance  from  the  mouth  of  the  Ohio  River,  42  leagues,  would 
have  placed  Fort  Prudhomme  exactly  at  the  first  Chickasaw 
Bluff  instead  of  the  fourth  on  which  Memphis  stands,  the 
French  land  league  of  that  day  being  about  2  1-2  English 
miles  and  the  first  Chickasaw  Bluff  being  about  105  miles, 
land  courses,  below  the  mouth  of  the  Ohio.  It  is  to  be  noted 
also  that  the  first  leg  of  the  journey  after  leaving  Fort  Prud- 
homme was  40  leagues  or  100  miles,  which  would  bring  the 
voyagers  to  the  Akansea  Village  as  called  by  Father  de  Mem- 
bra, but  being  really  the  village  of  Mitchigamea  and  discovered 
and  named  by  Father  James  Marquette  in  his  voyage  with 
Joliet  down  the  Mississippi  River  in  1673,  wThich  is  described 
in  the  same  volume  by  John  Gilmary  Shea  from  which  this 
voyage  of  LaSalle  is  taken,  both  translations  being  by  Mr. 
Shea.  The  Mitchigameans  were  a  branch  of  the  great  Akansea 
tribe  and  located  on  the  river  at  a  lake,  of  that  name  near 
the  present  city  of  Helena,  Ark.,  and  just  below  the  mouth  of 
the  St.  Francis  River  and  there  Bienville  found  them  still  lo- 
cated in  1739. 

But  wre  have  still  higher  evidence  of  the  occurrences  con- 
nected with  the  stop  of  LaSalle  at  the  first  Chickasaw  Bluff, 
in  an  official  document,  prepared  by  Jacques  de  la  Metarie,  a 
notary  commissioned  to  accompany  LaSalle  in  his  voyage  to 


Louisiana,  entitled  Proces  Verbal  of  the  Taking  Possession  of 
Louisiana,  at  the  mouth  of  the  Mississippi,  by  the  Sieur  de  la 
Salle,  on  the  9th  of  April  1682,  which  official  paper  or  "act" 
was  drawn  up  as  it  certifies,  at  the  request  of  LaSalle  and 
signed  by  the  Notary  and  also  by  LaSalle  and  other  witnesses, 
including  Father  Zenobe.3  It  is  to  be  regretted  that  space  for- 
bids the  printing  here  of  the  entire  document.  But  from  the 
body  of  the  paper  this  excerpt  is  taken : 

"Proceeding  ab'out  a  hundred  leagues  down  the  Kiver  Col- 
bert   (Mississippi,  from  the  mouth  of  the  Illinois)   we  went 

8From  Jared  Spark's  Library  of  American  Biography ;  sub-title, 
"Life  of  Robert  Cavelier  de  la  Salle"  (Boston,  1845).  The  editor  of 
this  volume  in  a  foot  note  says.  "This  curious  and  important  his- 
torical document  has  never  been  printed.  The  translation  here  given 
is  made  from  the  original,  contained  in  the  archives  of  the  Marine 
Department  at  Paris." 


242  J.    P.    YOUNG 


ashore  to  hunt  on  the  26th  day  of  February.  A  Frenchman 
was  lost  in  the  woods,  and  it  was  reported  to  M.  de  la  Salle 
that  a  large  number  of  savages  had  been  seen  in  the  vicinity. 
Thinking  that  they  might  have  seized  the  Frenchman,  and  in 
order  to  observe  these  savages,  he  marched  through  the  woods 
during  two  days,  but  without  finding  them,  because  they  had 
all  been  frightened  by  the  guns  which  they  had  heard,  and  fled* 

Returning  to  camp,  he  sent  in  every  direction  French  and 
savages  on  the  search,  with  orders,  if  they  fell  in  with  savages, 
to  take  them  alive  without  injury,  that  he  might  gain  from 
them  intelligence  of  the  Frenchman.  Gabriel  Barbie  with 
two  savages,  having  met  five  of  the  Chicacha  nation,  captured 
two  of  them.  They  were  received  with  all  possible  kinduess, 
and,  after  he  had  explained  to  them  that  he  was  anxious  about 
a  Frenchman  who  had  been  lost,  and  that  he  only  detained 
them  that  he  might  rescue  him  from  their  hands,  if  he  was 
really  among  them,  and  afterwards  make  with  them  an  ad- 
vantageous peace  (the  French  doing  good  to  every  body)  they 
assured  him  that  they  had  not  seen  the  man  whom  we  sought, 
but  that  peace  would  be  received  with  the  greatest  satisfac- 
tion. Presents  were  then  given  to  them,  and  as  they  signified 
that  one  of  their  villages  was  not  more  than  half  a  day's- 
journey  distance,  M.  del  la  Salle  set  out  the  next  day  to  go 
thither;  but  after  travelling  till  night,  and  having  remarked 
that  they  often  contradicted  themselves  in  their  discourse,  he 
declined  going  farther,  without  more  provisions.  Having* 
pressed  them  to  tell  the  truth,  they  confessed  that  it  was  yet 
four  days  journey  to  their  villages;  and  perceiving  that  M. 
de  la  Salle  was  angry  at  having  been  deceived,  they  proposed 
that  one  of  them  should  remain  with  him,  while  the  other  car- 
ried the  news  to  the  village,  whence  the  elders  would  come 
and  join  them  four  days  journey  below  that  place.  The  said 
Sieur  de  la  Salle  returned  to  the  camp  with  one  of  these  Chicka- 
saws ;  and  the  Frenchman  whom  we  sought  having  been  found* 
he  continued  his  voyage,  and  passed  the  river  of  the  Che- 
pontias,  and  the  village  of  the  Mitsigameas.  The  fog,  which 
was  very  thick,  prevented  his  finding  the  passage  which  led 
to  the  rendezvous  proposed  by  the  Chick achas." 

This  official  document  is  confirmation  of  the  narrative  of 
the  priest,  Zenob£  de  Membrg  and  makes  it  clear  that  there 
was  neither  cabin  nor  colony  planted  at  Fort  Prudhomme, 
nor  any  garrison  left  there  under  Pierre  Prudhomme,  the 
French  hunter,  and  that  there  was  no  treaty  nor  trading  post 
arrangements  with  the  Chickasaw  Indians  relating  to  the  first 
Chickasaw  Bluff.  LaSalle,  it  shows,  met  only  two  captive  In- 
dians while  at  Fort  Prudhomme  and  was  prevented  by  fog 
from  meeting  the  Elders  of  the  Chickasaw  tribe  at  the  ap- 


FORT   PRUDHOMME  243 


pointed  rendezvous  for  meeting  as  he  floated  down  stream. 
The  Proces  Verbal  also  shows  that  the  fort,  Prudhomme,  was 
100  leagues  below  the  mouth  of  the  Illinois  River,  or  250  miles, 


which  would  place  it  at  the  first  Chickasaw  Bluff  and  not  at 
the  site  of  Memphis  on  the  fourth  Bluff. 

In  the  Abbe  Prevost's  General  History  of  Voyages  of  Dis- 
covery (Paris  1749),  the  voyage  of  LaSalle  down  the  Missis- 
sippi River  in  February  1682  is  briefly  described,  but  no  men- 
tion is  made  of  Fort  Prudhomme.  A  map  in  this  work,  how- 
ever, accurately  presenting  the  whole  valley  of  the  Mississippi 
River,  shows  Fort  Prudhomme  at  the  first  Chickasaw  Bluff 
and  not  at  the  fourth,  where  Fort  Assunipcion  is  shown. 

In  Claiborne's  History  of  Mississippi  as  a  Province,  Terri- 
tory and  State  (1870),  a  full  account  of  the  expedition  of 
Bienville  against  the  Chickasaw  Indians  in  1739  and  the  build- 
ing of  Fort  Assumpcion,  in  August  of  that  year,  on  the  fourth 
Chickasaw  Bluff  at  the  mouth  of  Wolf  River,  is  given  in  a 
diary  of  a  young  French  officer  with  De  Noailles  d'Aime,  a 
commander  who  accompanied  Bienville,  translated  from  the 
French.  This  diary  in  describing  the  operations  of  Bienville's 
forces  here  in  the  fall  and  winter  of  1739,  several  times  men- 
tions "Prudhomme  heights"  as  lying  far  to  the  north  of  Fort 
Assupmcion  on  the  fourth  Chickasaw  Bluff. 

It  thus  being  made  clear  by  the  narratives  of  the  original 
founder  or  builder  of  the  stockade  or  defense  called  a  fort,  and 
the  narrative  of  those  who  were  with  him  on  this  voyage  that 
the  fort  was  a  mere  temporary  shelter  or  defense  against  a 
few  Chickasaw  Indians  seen  in  the  vicinity,  while  LaSalle's 

* 

party  were  endeavoring  to  find  the  lost  hunter  Prudhomme, 
and  that  the  party  were  only  there  some  nine  or  ten  days  and 
left  no  colony  behind  them,  it  becomes  apparent  that  Tennes- 
see was  not  settled  first  at  Fort  Prudhomme  in  1682,  notwith 
standing  the  error  into  which  several  historians  have  fallen. 

The  same  can  also  be  said  of  the  voyage  of  Marquette  and 
Joliet,  as  the  narrative  of  Father  James  Marquette  and  his 
original  map  of  the  country  discovered  by  him,  after  a  long 
period  of  rest  in  Saint  Mary's  College  of  Montreal,  were  finally 
brought  to  light  and  translated  and  given  to  the  world  by  Mr. 
John  Gilmary  Shea  in  the  same  volume  in  which  he  published 
the  narrative  of  Father  Zenob6  de  Membr6.  These  will  fully 
and  clearly  show  that  Marquette  like  LaSalle  did  not  stop  at 
the  lower  Chickasaw  Bluff  and  left  neither  colony  nor  trading 
post  behind  him  on  the  Mississippi  River. 

The  first  settler  of  the  Anglo-Saxon  race  in  West  Tennes- 
see of  whom  we  have  any  account  was  William  Mizzell  of 
North  Carolina,  who  was  found  on  the  lower  Chickasaw  Bluff 
at  the  Spanish  post  and  fort  of  San  Fernando  de  Barancos  by 


244  J.    P.    YOUNG 


Capt.  Isaac  Guion  of  the  3rd  U.  S.  Infantry  Regiment,  when 
he  came  on  July  20th,  17!)7,  to  take  possession  of  the  fort  and 
the  lower  Chickasaw  Bluff  in  behalf  of  the  United  States,  the 
fort  having  been  constructed  by  Governor  Don  Manuel  Gayoso 
de  Lemos  of  the  Province  of  Louisiana  and  the  Spanish  flag 
raised  over  it  on  the  31st  of  May  1795.  Mizzell  was  living 
here  as  an  Indian  trader  at  that  time,  together  with  a  Scots- 
man named  Kenneth  Ferguson.  This  was  about  40  years  after 
the  settlement  of  the  post  at  Fort  Loudon  in  East  Tennessee 


in  1756.4 


J.  P.  Young. 


/ 


*Since  the  foregoing  article  was  completed  the  writer,  through  the 
kindness  of  Capt.  H.  N.  Pharr,  Civil  Engineer  of  Memphis,  has  been 
permitted  to  inspect  two  ancient  maps  in  his  possession  and  deline- 
ating the  Course  of  the  Mississippi  River  from  the  Balise  to  Ft. 
Chartres;  taken  on  an  expedition  to  the  Illinois,  in  the  latter  end  of 
the  year  1765  by  Lieut.  Ross  of  the  Thirty- fourth  Regiment  (British). 
Improved  from  the  surveys  of  that  river  made  by  the  French.  The 
other  map,  nearly  as  ancient,  is  a  Map  of  the  course  of  the  Missis- 
sippi from  the  Missouri  and  the  country  of  the  Illinois  to  the  south 
of  this  river,  and  bearing  this  legend:  An  accurate  tracing  from 
engraved  original  in  my  possession.  (Signed)  Carl  F.  Palfrey,  Civil 
Engineer.  The  copyist  was  Carl  F.  Palfrey,  Captain  of  Engineers  and 
Secretary  of  the  U.  S.  River  Commission  in  1898. 

The  first  of  these  maps  shows  Fort  Prudhomme  to  be  situated  at 
the  second  Chickasaw  Bluff  or  "Cliffs  of  Prudhomme,"  where  Ran- 
dolph, Tennessee,  now  stands,  and  the  second  map  indicates  the  Fort 
at  "Prudhomme  Cliffs,"  which  is  placed  in  this  map  on  the  first 
Chickasaw  Bluff,  or  the  present  site  of  Fulton,  about  ten  miles  above 
the  second  Chickasaw  Bluff.  At  either  point  it  bears  out  the  con- 
clusion of  this  article,  that  the  fort  was  above  and  not  at  the  Fourth 
Chickasaw  Bluff,  the  present  site  of  Memphis. 


TENNESSEE:    A  DISCUSSION  ON  THE  SOURCES  OF 

ITS  POPULATION  AND  THE  LINES 

OF  IMMIGRATION. 


Perhaps  no  more  interesting  volume  could  be  produced  in 
the  field  of  American  history  than  one  dealing  with  the  sources 
of  the  population  of  the  various  states  of  the  Union.  From 
what  ethnic  sources  did  this  population  come?  When  did  it 
come  and  how  did  it  get  there?  What  states  had  the  greatest 
influence  in  peopling  other  states  and  why?  What  routes 
were  followed  in  arriving  at  the  destination  of  the  immi- 
grants? Why  were  these  particular  routes  chosen  and  what 
influence  did  they  have  on  the  settlements  and  on  the  sources 
from  which  immigrants  were  drawn  ? 

Some  phases  of  these  questions  have  been  discussed  in  the 
very  interesting  and  instructive  volume  published  by  the  Cen- 
sus Office  in  1909  and  entitled  A  Century  of  Population  Growth, 
1790-1900.  This  volume  is  based  entirely  on  the  returns  of 
the  early  censuses,  but  these  sources  are  not  in  themselves  suf- 
ficient, for  the  facts  presented  by  them  are  not  full  enough 
and  the  records  themselves  are  not  vet  available  to  students 
in  general.  Not  until  a  great  number  of  local  studies  have 
thoroughly  covered  the  ground  for  the  states  and  for  parts  of 
the  same  and  brought  together  into  larger  and  more  usable 
shape  the  materials  now  scattered  through  local  studies  or 
buried  unused  in  local  archives  will  it  be  possible  for  some 
general  scholar  with  synthetic  mind  to  work  over  the  whole 
and  produce  a  work  covering  the  whole  Union  in  scope,  com- 
parable to  the  work  of  the  German  historical  scholars  on  the 
European  Voelkerwandeningen  in  character  and  surpassing 
in  fascinating  interest  the  masterpieces  of  historical  romance. 

In  my  studies  dealing  with  the  history  of  public  school 
education  in  the  states  of  Arkansas  and  Alabama  I  have 
sketched  very  briefly  the  outlines  of  such  a  study  for  those 
states  and  present  here  the  outline  of  a  similar  study  for  Ten- 
nessee. 


240 


STKI'IIEX    B.    WEEKS 


I.     Sources  of  Tennessee  Population. 

Statistical  View  of  Tennessee  Population,  1790-1910. 


Year 

1790 

17953 

1800 

1810 

1820 

1830 

1840 

1850 

1860 

1870 

1880 

1890 

1900 

1910 


•       • 


White 

. .  31,913 

. .  65,676 

. .  91,709 

. .  215,875 

..  339,927 

. .  535,746 

. .  640,627 

. .  756,836 

. .  826,722 

. .  936,119 
. .  1,138,831 

. .  1,336,637 
. .  1,540,186 
..1,711,432 


Colored 

3,778 

11,586 

13,893 

45,852 

82,834 

146,158 

188,583 

245,881 

283,019 

322,331 

'403,151 

4430,678 

4480,243 

4473,088 


Total 

■35,69 1 
77,262 
105,602 
261,727 
422,823 
681,904 

829,210 
1,002,717 
1,109,801 
1,258,520 
1,542,359 
1,767,518 
2,020,616 
2,184,789 


Per  C«nt  of  In- 
creaa  e  Since 
Last  Certain 


116.5 
36.7 

147.8 
61.5 
61.3 
21.6 
20.9 
10.7 
13.4 
22.5 
14.5 
14.3 
8.1 


Population 
per  Square 
Mile* 

0.9 

1.8 

2.5 

6.3 
10.1 
16.3 
19.9 
24.0 
26.6 
30.2 
37.0 
42.4 
48.5 
52.4 


as  to  origin. 


The  first  question  to  engage  attention  is  the  inquiry  as 
to  the  nationality  of  these  people  and  the  sections  from  which 
they  came.    The  U.  S.  Census  prior  to  1850  made  no  inquiry 

We  are  therefore  under  the  necessity  of  taking 
as  a  basis  the  material  as  given  in  the  Census  for  1850  and 
subsequently,  and  arguing  backward  as  to  the  sources  of  this 
population. 

There  follows  a  list  of  all  the  states  which  have  at  any 
decennial  census  since  1850  furnished  as  much  as  1,000  to 
the  population  of  Tennessee: 


Statistical  View  of  the  Sources  of  Tennessee  Population,  1850-1910. 

Native    of*  1850      1860      1870      1880      1890      1900      1910 

North  Carolina   . . .   72,027  55,227  51,110  41,918  32,633  28,405  29,066 
Virginia  and 

West  Virginia 46,631  36,647  43,397  38,224  30,382  26,594  24,414 

South  Carolina   ...   15,197  11,423  13,854  11,698    8,396    6,572     6,314 

Kentucky    12,609  12,975  19,867  24,868  27,527  36,052  41,936 

Alabama    6,398    8,015  20,217  22,200  22,045  27,709  29,739 

Georgia    4,863    6,372  18,021  19,481  23,085  38,561  33,896 

Pennsylvania    2,146    2,659     4,074    3,311     4,319     3,958    4,759 

Mississippi    2,137     3,567  15,451  19,632  24,859  35,357  46,195 

Maryland    1,554     1,222     1,580     1,463     1,358     1,099     1,002 

New  York 1,019     2,475    3,002    3,082    3,949    4,093     4,181 

Missouri    920     1,471    3,262     3,776    4,377    5,981    6,690 

'Size  of  Tennessee,  1910;  41,687  square  miles,  land;  335  water, 
gross  area,  42,044. — U.  S.  Census. 

•Divided  as  follows:  Davidson,  3,459;  Greene,  7,741;  Hawkins, 
6,970;  Montgomery,  1,387;  Sevier,  3,619;  Sullivan,  4,447;  Sumner, 
2,196;  Washington,  5,872. 

•Ramsey:     Annals  of  Tennessee,  p.  648. 

4Excludes  a  few  Indians,  Japanese,  and  Chinese  in  1880,  1890,  1900 
and  1910— less  than  one-tenth  of  one  per  cent. 


TENNESSEE   POPULATION 


247 


1,396 

2,461 

2,968 

4,537 

6,707 

7,726 

1,086 

1,835 

2,840 

5,851 

7,454 

7,812 

2,140 

4,420 

5,035 

10,064 

10,353 

10,229 

971 

2,977 

3,867 

4,807 

8,737 

10,129 

525 

1,362 

1,560 

1,901 

2,300 

3,127 

254 

896 

1,450 

2,034 

4,556 

5,592 

253 

259 

370 

833 

1,362 

1,405 

88 

245 

374 

838 

1,056 

1,157 

115 

355 

625 

1,763 

2,056 

2,494 

Illinois   872 

Indiana    769 

Ohio    742 

Arkansas     496 

Louisiana    261 

Texas   100 

Iowa     30 

Wisconsin    8 

Michigan     7 


Should  we  attempt  to  interpret  these  figures  one  conclusion 
comes  out  above  all  others.  It  is  that  North  Carolina  is  the 
mother  of  Tennessee.  As  late  as  1890  North  Carolina  was  still 
contributing  a  larger  per  cent  to  the  population  of  Tennessee 
than  any  other  state  and  the  further  we  go  back  the  more 
distinct  does  the  Carolina  hegemony  become.  In  1800  the 
number  of  North  Carolinians  was  only  slightly  larger  than 
that  of  the  Virginians;  in  1850  it  was  more  than  50  per  cent 
larger. 

Considering  the  ante-bellum  period  by  itself  it  is  found 
that  according  to  the  census  of  1850  and  1860  there  had  been 
little  immigration  into  the  state  from  any  free  state  except 
New  York  and  Pennsylvania. 

The  immigration  from  the  slave  states  as  reported  in  185D 
and  1860  may  be  again  divided  into  what  we  may  call  the 
primary  and  secondary  migrations,  or  migrations  from  the 
older  and  the  newer  slave  states.  To  the  older  group  belong 
the  Virginias,  the  Carolinas,  and  Georgia;  to  the  younger  be- 
long Alabama,  Mississippi,  and  Kentucky.  This  last  group 
of  states  had  been  but  recently  settled.  Two  of  them  were 
nearly  a  generation  younger  than  Tennessee  and  Kentucky 
was  of  the  same  age.  Their  population  came  from  the  states 
which  had  also  furnished  the  largest  number  to  Tennessee, 
and  since  the  settler  who  went  from  Kentucky,  Alabama,  or 
Mississippi  to  Tennessee  was  himself  in  great  probability  only 
a  Georgian,  a  Carolinian  or  a  Virginian  once  removed  we  may 
dismiss  them  from  consideration  as  not  really  affecting  the 
result,  and  so  go  back  to  the  older  group  of  contributing  states 
and  regard  North  Carolina,  Virginia  (including  West  Vir- 
ginia), South  Carolina,  and  Georgia  as  the  states  which,  and 
in  that  order,  have  done  most  towards  furnishing  the  founda- 
tion for  the  population  of  Tennessee.  In  1850  7.2  per  cent  of 
the  total  population  of  the  state  was  reported  as  being  natives 
of  North  Carolina;  4.6  per  cent  came  from  Virginia;  1.5  per 
cent  from  South  Carolina;  .48  per  cent  from  Georgia.     These 

5The  term  "native"  as  used  in  the  census  of  1850  and  1860  seems 
to  mean  "free."  But  in  any  case  the  number  of  free  negroes  who 
immigrated  into  the  state  was  too  small  to  make  any  difference  in 
percentages.     Later  censuses  include  all. 


248  STKI'HEN    B.    WEEKS 


four  states  at  that  time  furnished  13.8  per  cent  of  the  total 
population;  but  no  account  is  taken  here  of  native  Tenues- 
seans  of  the  first  generation  whose  parents  were  natives  of 
those  states  for  this  phase;  of  the  question  is  not  considered 
in  the  census  returns  and  we  have  no  way  to  arrive  at  their 
numbers.  But  we  are  able  through  the  census  reports  to  differ- 
entiate the  native  born  population  of  the  state  from  that  born 
elsewhere  and  the  proportions  which  obtained  in  1850  will 
probably  hold  as  substantially  accurate  for  earlier  periods. 

According  to  the  census  of  1850  there  were  756,836  white 
citizens  in  the  State,  of  whom  580,695  were  natives.  Of  the 
remaining  176,141  there  were  168,966  who  were  born  out  of 

Tennessee  but  in  the  United  States,  5,638  who  were  born  in 
foreign  countries,  and  1,537  born  in  places  unknown.  Of 
these  176,141  white  immigrants  living  in  Tennessee  in  1850, 
72,027  or  40.97  per  cent  were  natives  of  North  Carolina;  26.5 

per  cent  came  from  Virginia ;  8.6  per  cent  from  South  Carolina, 
and  2.7  per  cent  from  Georgia.  Considering  the  secondary 
statps  we  find  that  3.6  per  cent  came  from  Alabama;  1.2  per 
cent  from  Mississippi,  and  7.2  per  cent  from  Kentucky.  The 
four  primary  states  furnished  78.7  per  cent  of  the  total  immi- 
gration in  1850  and  the  three  secondary  states  furnished  12 
per  cent.  These  seven  states  furnished  90.7  per  cent  of  the 
total  number  of  immigrants  living  in  the  state  in  1850. 

These  per  cents  have  been  shown  with  particular  care  for 
the  reason  that  they  furnish  an  indication  of  the  race  to  which 
the  people  of  Tennessee  belonged.  Judging  by  the  character 
of  population  in  the  contributing  states  in  1850  we  are  per- 
fectly safe  in  the  assumption  that  the  population  of  Tennes- 
see in  1850  was  predominantly  English  and  Scotch-Irish.  It 
is  possible  for  us  to  prove  that  there  had  been  no  distinctive 
change  in  the  character  of  the  immigrants  who  were  coming 
into  Tennessee  in  1850  as  compared  with  earlier  years  and  we 
may  assume  that  the  population  of  the  state  in  1790  was  es- 
sentially of  the  same  type.  Such  is  the  view  of  the  authorities 
of  the  United  States  Census  at  the  present  time. 

In  1909,  when  Mr.  S.  N.  D.  North  was  director  of  the  Cen- 
sus, Mr.  W.  S.  Kossiter,  at  that  time  chief  clerk  of  that  Bu- 
reau, prepared  and  published  a  study  entitled  A  Century  of 
Population  Growth,  1790-1900,  in  which  this  particular  point 
as  to  the  origin  of  the  population  of  the  various  states  in  1790 
is  discussed.  He  says  with  reference  to  Tennessee,  for^which 
the  original  census  returns  are  lost: 

The  composition  of  the  white  population  of  Georgia,  Kentucky, 
and  of  the  district  subsequently  erected  into  the  state  of  Tennessee, 
is  also  unknown;  but  in  view  of  the  fact  that  Georgia  was  a  distinct- 
ly English  colony  and  that  Tennessee  and   Kentucky  were  settled 


TENNESSEE  POPULATION 


249 


largely  from  Virginia   and   North   Carolina,  the   application  of  the 

North   Carolina  proportions  to  the  white  population  of  these  three 

results  in  what  is  doubtless  an  approximation  of  the  actual  distribu- 
tion. 

The  estimates  then  presented  by  Mr.  Rossiter,  like  all  others 
for  the  first  census,  are  based  on  an  "inspection  of  the  heads 
of  families"  for  all  the  states  whose  records  are  now  in  ex- 
istence, and  when  the  North  Carolina  proportion  is  applied 
to  the  population  of  Tennessee  in  1790  we  get  the  following 
figures  to  which  have  been  added  the  corresponding  averages 
for  the  United  States  as  a  whole: 

Nationality  of  Population  in  Tennessee  and  the  United  States 

Compared,  1790. 

Tennessee.  United  States. 

Number  Per  Cent  of  Per  Cent  of 

Race  Whole.  Whole. 

English    26,519  83.1  82.1 

Scotch  (Scotch-Irish)    3,574  11.2  7.0 

Irish   734  2.3  1.9 

Dutch   64  0.2  2.5 

French   96  0.3  0.6 

Germans    894  2.8  5.6 

All  others   (including  Hebrew)  .  32  0.1  0.3 

Totals    31,913  100.0  100.0 

From  these  percentages  it  is  evident  that  Tennessee  was 
considerably  ahead  of  the  United  States  in  the  number  of  its 
citizens  who  traced  their  ancestry  back  to  the  British  Isles 
and  considerably  behind  in  those  who  looked  to  the  continent. 

The  number  of  foreign  born  in  Tennessee  in  1850  was  5,740 
or  something  less  than  3.3  per  cent  of  the  total  of  the  non- 
native  citizens.  The  percentage  was  not  far  from  the  average 
for  the  whole  South  at  that  time  and,  indeed,  for  the  period 
as  late  as  1900.  Says  Rossiter  in  A  Century  of  Population 
Growth,  1790-1900,  p.  87 : 

At  the  census  of  1850,  when  the  classification  of  nativity  was  in- 
troduced, the  white  population  of  12  southern  states,  Virginia,  Ken- 
tucky, Tennessee,  North  Carolina,  South  Carolina,  Georgia,  Florida, 
Alabama,  Mississippi,  Louisiana,  Texas,  and  Arkansas,  included  in 
the  aggregate  less  than  4  per  cent  who  were  foreign  born.  The  pro- 
portion of  foreign  born  in  this  group  of  states  increased  but  little 
during  the  half  century,  and  even  at  the  census  of  1910  the  white 
population  was  composed  almost  entirely  of  the  descendants  of  per- 
sons enumerated  in  1790  and  1800. 

In  another  place  (p.  117),  discussing  the  same  general  sub- 
ject from  the  standpoint  of  family  names  and  the  ideas  of 
nationality  which  they  convey,  Mr.  Kossiter  says : 

Were  it  feasible  to  make  an  analysis  of  the  population  of  the 
southern  states  in  1900  similar  to  that  made  from  the  schedules  of 


250  '  STEPHEN    B.    WEEKS 


the  first  census,  it  is  probable  that  little  change  would  be  noted  from 
the  proportion  shown  in  1790.  In  that  section  there  has  been  a  note- 
worthy preservation  of  the  purity  of  the  stock  enumerated  in  1790, 
contrasted  with  the  extraordinary  change  in  the  composition  of  the 
population  which  has  taken  place  in  the  remainder  of  the  nation. 

And  while  this  preservation  of  the  purity  of  the  original 
stock,  maintained  in  the  South  for  a  century,  has  caused  it  to 
become  the  most  English  part  of  the  nation,  it  is  also  true  that 
it  is  the  most  conservative  and  is  carrying  into  its  public  acts 


ted 


Puritv  of 


English  blood  has  also  meant  the  strength  of  English  con- 


servatism. 


II.     The  Lines  of  Immigration. 


One  more  question  is  pertinent  im  this  connection.  How 
did  the  immigrants  get  into  Tennessee?  This  seems  easier  of 
answer  than  questions  of  similar  import  for  some  other  states. 

During  the  years  immediately  preceding  the  war  of  the  Rev- 
olution the  Virginia  settlements  extended  further  westward 
than  those  of  North  Carolina  and  the  line  of  migration  lay 
directly  along  the  Great  Indian  War  Path  which  ran  north- 
east and  southwest  and  over  which  passed  the  northern  and 
southern  Indians  "in  their  intercourse  with  distant  tribes,  in 
their  hunting  excursions,  in  their  hostile  expeditions  and  in 
their  embassies  of  peace;  this  was  the  path  of  migration,  the 
chase,  the  treaty,  and  savage  invasion."  Immigrants  coming 
from  more  eastern  and  northern  sections  struck  this  path  and 
crossed  New  River  at  Inglis's  Ferry,  not  far  from  old  Fort 
Chissel.  They  reached  the  Holston  (North  Branch)  at  Seven 
Mile  Ford,  crossed  it  near  the  Long  Island  and  were  then  soon 
in  Carter's  Valley  where,  as  has  been  seen,  settlers  from  Vir- 
ginia located  at  an  early  date.6 

The  War  Path  continuing  southwest  passed  close  to  Rogers- 
ville,  Tennessee,  which  may  be  counted  as  the  eastern  terminus 
of  the  road  laid  out  by  Daniel  Boone  later  known  as  the  Wil- 
derness Road.  This  road  turned  westward,  passed  through 
Cumberland  Gap  and  into  the  new  Promised  Land  of  Kentucky. 
Toward  Cumberland  Gap  all  southern  roads  looking  into  the 
unknown  west  converged,7  just  as  in  more  modern  times  rail- 
roads converged  at  Kansas  City  and  made  that  the  gateway 
to  the  new  southwest. 

But  while  the  Wilderness  Road  was  one  of  the  oldest  into 
the  western  country  and  one  of  the  best  known,  it  remained 
a  mere  trail  till  1795,  when  it  was  widened  into  a  wagon 
track.8 

•Ramsey's  Tennessee,  p.  88;  Royce's  Cherokees,  map. 

7Speed,s  Wilderness  Road,  p.  16. 

•A  Century  of  Population  Growth,  1790-1900,  p.  21,  quoting  Speed, 

op.  cit.9  p.  51. 


TENNESSEE  POPULATION  251 


* 

Following  this  trail  southward  from  Virginia  immigrants 
struck  the  north  or  western  side  of  the  Holston  and  thought 
they  were  still  in  Virginia.  These  trails — trade  routes — ex- 
plain why  one  of  the  two  Virginia  settlements  was  in  the  pres- 
ent Sullivan  County,  in  the  extreme  nowtheast  of  the  state 
and  the  other  in  Hawkins,  west  and  north  of  the  Holston. 
These  settlers  were  merely  pushing  out  a  little  further  from 
the  Wolf  Hills  (now  Abingdom,  Virginia)  into  the  Indian 
country.  They  had  not  left  their  base;  there  was  no  Indian 
country  behind  them. 

With  the  North  Carolina  settlers  on  the  Watauga  the  case 
was  different.  They  cut  loose  from  their  base  of  supplies; 
they  invaded  and  traversed  the  Indian  country.  Coming  from 
what  is  now  central  and  Piedmont  North  Carolina,  they  turned 
to  the  northwest  and  struck  the  Yadkin  Kiver  somewhere  not 
far  from  the  present  town  of  Huntsville,  west  of  Winston- 
Salem.  Daniel  Boone  had  settled  on  the  Yadkin  about  1769, 
and  he  was  perhaps  the  first  to  start  this  new  trail.  It  seems 
reasonably  certain  that  the  pioneers  from  North  Carolina  fol- 
lowed up  the  Yadkin  towards  its  source,  passed  by  or  near 
the  site  of  the  present  Wilkesboro,  went  through  some  of  the 
passes  of  the  Blue  Ridge  into  what  is  now  Watauga  County, 
struck  the  head  waters  of  Watauga  River  perhaps  near  the 
present  Boone,  North  Carolina,  and  following  it  westward 
passed  through  the  Iron  Mountain  range  and  debouched  upon 
the  fertile  Valley  of  the  Watauga,  sufficiently  far  away  to 
assure  them  of  safety  against  Gov.  Tryon,  the  Great  Wolf  of 
Carolina. 

In  the  course  of  time  this  became  the  well  established 
line  by  which  emigrants  from  central  North  Carolina  entered 
the  Mississippi  Valley  for  the  double  reason  that  it  was  freer 
from  Indians  than  a  more  southern  route  could  be  and  lay 
nearer  Kentucky.  It  was  doubtless  over  this  same  trail  that 
Richard  Henderson  and  his  partners  went  from  North  Carolina 
to  their  newly  purchased  province  in  Kentucky,  then  known 
as  Transylvania.9 

The  settlements  on  the  Watauga  again  became  the  start- 
ing point  for  those  who  ventured  still  farther  in  this  Anglo- 
Saxon  breaking  of  the  American  wilderness.  Before  the  eigh- 
teenth century  had  rounded  out  its  eighth  decade  adventurers 
were  floating  down  the  Holston  and  from  Holston  into  the 

9So  well  established  was  this  route  about  1816  when  William  Darby 
first  published  his  Emigrant's  Guide  that  he  gives  the  route  and  dis- 
tances from  Knoxville,  Tenn.,  to  Raleigh,  N.  C— 394  miles  (pp.  200-1). 
The  route  lay  from  Knoxville  east  by  way  of  Dandridge,  Greeneville, 
Jonesboro,  and  Elizabeth  ton,  Tenn.,  thence  into  Ashe  County  (now 
Watauga),  N.  C,  to  Wilkes  Co.,  thence  by  a  place  called  Rockford,  to 
ITrmtsvillA  in  YaHkin  Countv.  to  Salem,  and  thence  eastward. 


252  STEPHEN    B.    WEEKS 


Tennessee  on  their  long  and  dangerous  trip  to  what  was  to 
become  the  Cumberland  settlements,  now  Nashville,  in  Middle 
Tennessee.  After  floating  down  the  Tennessee  to  its  mouth 
they  laboriously  pushed  up  the  Ohio  to  the  Cumberland  and 
then  up  that  stream  to  the  present  Nashville.10  This  route 
was  long  and  in  part  very  laborious.  It  had  the  advantage  of 
giving  the  emigrants  an  opportunity  to  carry  their  household 
property  in  flat  boats  more  easily  than  they  could  do  over- 
land, but  the  danger  of  attack  by  Indians  was  no  less  than  by 
land,  and  soon  settlers  began  striking  overland  from  Watauga 
towards  the  new  country  in  Middle  Tennessee.  In  course  of 
time  two  routes  were  developed.  The  northern  route,  known 
as  Walton's  Road,  started  at  Wilsons,  a  little  to  the  north 
of  Knoxville,  crossed  the  Clinch  and  passing  by  way  of  Mont- 
gomery anad  near  Cookeville  united  with  the  southern  road  and 
thence  passed  on  to  Nashville  via  Carthage,  Hartsville,  and 
Gallatin.  The  Cumberland  road  leaving  Walton's  Road  east 
of  Cookeville,  went  by  way  of  Crossville  and  passed  the  Ten- 
nessee near  its  junction  with  the  French  Broad  at  Kingston 
and  thence  to  Knoxville,  which  was  said  to  be  192  miles  from 
Nashville.11 

Ramsey  gives  a  third  road  which  he  calls  Robertson's  Route. 
It  left  Tennessee  at  Cumberland  Gap,  passed  north  of  Cumber- 
land River  and  after  a  wide  detour  which  included  Mt.  Vernon, 
Danville,  Lebanon,  and  Bowling  Green,  Ky.,  entered  Tennes- 
see near  the  modern  Franklin,  Ky.12 

In  the  next  generation,  after  the  Cherokees  had  been  to  a 
large  extent  subdued,  the  Tennessee  River  route  was  largely 
used  for  emigrants  who  were  pushing  into  northern  Ala- 
bama and  Mississippi.  They  floated  down  the  Tennessee  from 
Knoxville  to  the  Muscle  Shoals  and  then  passed  inland  to  the 
new  settlements  further  south.  It  was  towards  Alabama  main- 
ly that  the  more  adventurous  Tennesseeans  of  that  generation 
turned  their  attention.     As  has  been  already  pointed  out  in 

,0Darby,  Emigrant's  Guide,  pp.  194-5,  gives  the  distance  from  the 
sources  of  the  Holston  to  the  mouth  of  the  Tennessee  as  697  miles. 
He  names  the  various  stopping  places  and  the  distance  between  each. 
The  distance  from  Nashville  to  the  mouth  of  the  Cumberland  he  gives 
as  120  miles,  so  emigrants  from  Watauga  who  arrived  by  the  all  water 
route  had  to  travel  about  800  miles.  The  land  route,  via  McMinnville 
and  Kingston  at  the  junction  of  Clinch  and  Holston,  and  thence  to 
Knoxville  was  192  miles. 

"See  Royce's  maps  in  his  Cherokee  Nation  and  his  Indian  Land 
Cessions  where  these  roads  are  traced. 

12It  does  not  appear  that  this  route  was  so  much  used.  It  repre- 
sented a  wide  detour  from  the  more  direct  Walton  and  Cumberland 
roads.  See  Ramsey's  map  where  it  is  called  Robertson's  Route  and 
Royce's  Cherokee  Indians,  map,  where  it  is  called  the  Nashville  road. 
See  also  Speed's  Wilderness  Road,  p.  63. 


TENNESSEE  POPULATION  253 


my  study  of  public  school  education  in  Alabama,13  the  north- 
ern part  of  the  state  was  settled  to  a  large  extent  by  the  Ten- 
nessee overflow.  The  movement  southward  was  more  strictly 
a  migration  than  that  from  Kentucky  into  Tennessee  or  from 
Tennessee  into  Kentucky.  These  latter  were  the  usual  free 
play  of  a  mobile  population  on  either  side  of  a  purely  arbitrary 
political  boundary.  The  two  states  were  of  substantially  the 
same  age,  were  physically  alike,  were  settled  by  similar  peo- 
ple and  movement  north  or  south  was  merely  a  question  of 
economic  advantage.  On  the  other  hand,  movement  into  Ala- 
bama was  an  advance  step,  an  invasion  of  the  Indian  coun- 

\  try.    Before  1850,  the  earliest  date  when  these  migrations  are 

considered  in  the  census,  the  removals  to  Alabama  and  Missis- 
sippi had  reached  their  flood  and  were  receding  in  favor  of 

I  other   states.      At   that   date   native   Tennesseans   were   living 

in  other  states  as  follows:  Alabama,  22,541;  Mississippi,  27,- 
439;  Texas,  17,692;  Arkansas,  33,807;  Kentucky,  23,623;  In- 
diana, 12,734;  Illinois,  32,303;  Missouri,  44,970.  In  1880  the 
Tennessee  contingent  in  Kentucky  had  risen  to  54,386;  in  Mis- 
souri to  72,454;  in  Arkansas  to  87,593;  and  in  Texas  to  83,158. 
As  might  be  shown  in  other  cases  the  star  of  empire  was  still 

moving  westward  along  lines  of  latitude. 

Stephen  B.  Weeks. 


13 


Published  by  the  U.  S.  Bureau  of  Education,  1915 


JOHN  BELL'S  POLITICAL  REVOLT,  AND  HIS 

VAUXHALL  GARDEN  SPEECH. 


There  have  seldom  arisen,  from  the  same  environment,  po- 
litical leaders  so  diverse  in  mind  and  temperament  as  James 
K.  Polk  and  John  Bell,  who  were  long  considered  rivals  for 
public  favor  in  Tennessee.  By  nature  Polk  was  a  partisan. 
Bell  an  independent;  Polk  was  resolute  and  aggressive,  Bell 

was  prudent  and  cautions;  Polk  was  a  master  of  detail,  Bell 
was  an  expounder  of  general  principles;  Polk  applied  con- 
crete facts,  Bell  pointed  out  abstract  truths;  Polk  was  in- 
tensely practical,  Bell  was  essentially  theoretical,  speculative, 
philosophical.  These  differences  are  singularly  illustrated  in 
the  several  platforms  upon  which  they  were  nominated  for 
the  Presidency.  When  Polk  ran  in  1844,  the  paramount  issue 
in  his  platform  was  crystallized  into  the  popular  slogan,  "Polk, 
Dallas,  and  Texas,"  and  he  was  fitted  as  few  other  men  were, 
to  do  the  particular  thing  desired  by  his  party.  When  Bell 
made  the  race  in  1860,  he  was  planted  upon  a  broad  platform 
declaring  for  "The  Union,  the  Constitution  and  the  Laws," 
and  left  to  his  own  genius  to  find  a  way  to  preserve  and  en- 
force them. 

These  divergent  characteristics  made  Polk  the  willing  fol- 
lower of  General  Jackson,  and  produced  in  Bell  a  grudging 
support  of  his  administration,  and  an  open  revolt  against  his 
party  at  the  close  of  his  term  as  President. 

Bell  was  something  more  than  a  year  younger  than  Polk. 
He  was  born  February  18,  1797,  on  Mill  Creek,  about  six  miles 
from  Nashville.  His  father,  Samuel  Bell,  who  lived  on  the 
Murfreesboro  road,  not  far  from  the  Hermitage,  was  a  suc- 
cessful farmer,  and  in  1799,  was  commissioned  one  of  the 
justices  of  Davidson  County,  at  that  time  an  office  of  con- 
siderable dignity  and  responsibility. 

Bell  was  a  young  man  of  remarkable  precocity.  In  1814, 
while  Polk,  who  suffered  much  from  ill  health  in  his  youth, 
was  still  attending  a  grammar  school,  Bell  was  graduated 
from  Cumberland  College  (University  of  Nashville),  at  the 
age  of  seventeen.  His  school  mates  reckoned  him  the  most 
talented  man  in  the  institution,  as  Polk  was  afterwards  con- 
sidered the  most  regular  and  diligent  pupil  in  the  University 
of  North  Carolina. 

Upon  leaving  college  he  began  the  study  of  law,  was  ad- 
mitted to  the  bar  in  1816,  and  opened  a  law  office  at  Franklin, 
in  the  adjoining  county  of  Williamson.  The  following  year  he 
was  selected  by  his  neighbors  to  deliver  the  oration  at  a  cele- 


• 


JOHN    BELL  255 


bration  of  the  Fourth  of  July,  1817.  This  oration  aroused 
such  enthusiasm  that,  before  he  left  the  grounds,  he  was  nomi- 
nated as  a  candidate  to  represent  Williamson  County  in  the 
senatorial  branch  of  the  General  Assembly,  which  was  to  con- 
vene in  the  city  of  Knoxville  on  the  third  Monday  of  Sep- 
tember following.  Although  he  had  an  opponent  in  the  field 
a  gentleman  of  tried  ability  and  high  qualifications — and 
had  only  a  month  in  which  to  make  the  canvass,  he  was  elected 
by  a  handsome  majority.  Being  only  twenty  years  old,  he 
was  not  yet  of  senatorial  age,  although  the  constitution  did 
not  then  require  any  greater  age  in  a  senator  than  in  a  rep- 
resentative.1 

In   1818,   Senator  Bell   was   married  to   Sally  Dickinson, 

daughter   of  David   Dickinson,   of   Rutherford    County,    and 

granddaughter  of  Col.  Hardy  Murfree.    His  wife  was  educated 

at  the  Moravian  Female  Academy,  Salem,  N.  C,  where  she 

was  the  friend  and  associate  of  Sarah  Childress,  who  became 

the  wife  of  James  K.  Polk.    After  his  marriage  Bell  abandoned 

politics  for  the  time;  he  removed  to  Nashville  and  formed  a 

partnership  With  Judge  Henry  Crabb,  and  for  the  succeeding 

nine  years  devoted  himself  assidiously  to  the  practice  of  his 
profession. 

In  1827  Sam  Houston,  who  had  represented  the  Nashville 
district  in  Congress  since  1823,  became  a  candidate  for  Gov- 
ernor, and  left  the  Congressional  field  open  to  the  public.  Two 
candidates  entered  the  list,  John  Bell  and  Felix  Grundv.  Born 
in  Virginia  and  reared  in  Kentucky,  Grundy  came  to  Ten- 
nessee in  1807.  Three  years  later,  in  1811,  he  was  elected  to 
Congress,  and  was  re-elected  in  1813,  but  resigned  in  1814. 
During  his  three  years'  service  in  Congress,  he  had  made  more 
than  a  local  reputation  by  his  earnest  and  effective  support 
of  President  Madison's  war  measures.  Since  his  resignation, 
for  a  period  of  thirteen  years,  he  had  held  no  high  office.  He 
had  been  three  times  a  state  representative,  while  Bell  had 
served  one  term  as  state  senator.  Each  had  devoted  himself 
with  brilliant  success  to  the  practice  of  the  law,  Bell  having 
acquired  a  high  standing  at  the  bar  as  a  lawyer  of  acuteness, 
research,  and  ability,  while  Grundy  achieved  fame  as  a  crimi- 
nal lawyer  that  no  Tennessean  has  yet  surpassed.  Grundy 
was  fifty,  and  Bell  thirty.  The  veterans  of  1812  rallied  to 
Grundy's  standard,  but  the  stalwart  young  Democrats  enlisted 
under  the  banner  of  Bell.  The  district  was  composed  of  the 
counties  of  Davidson,  Williamson,  and  Rutherford.  Bell  was 
born  in  Davidson,  lived  in  Williamson  and  represented  it  in 

*Dr.  J.  W.  Richardson,  Speech  on  the  Bell  Resolution  in  the  Ten- 
nessee Legislature,  1856,  p.  7. 


25(i  A.    V.    GOODPASTURE 


the  state  senate,  and  had  married  into  an  influential  family 
in  Rutherford.  The  canvass,  which  is  famous  for  its  brilliant 
oratory,  and  the  intense  interest  it  excited,  continued  for  a 
whole  year.  * 

General  Jackson  lived  in  the  district,  and  was  then  a  can- 
didate for  President,  against  John  Quincy  Adams.  Both  Bell 
and  Grundy  favored  Jackson's  election,  as  they  must  of  neces- 
sity have  done  if  they  hoped  to  be  elected.  Public  sentiment 
was  so  nearly  unanimous  for  Jackson  in  Tennessee,  that  in 
the  following  Presidential  election  he  received  ninety-five  per 
cent  of  the  popular  vote,  against  Adam's  five  per  cent.  Jack- 
son, who  was  never  neutral,  openly  espoused  the  cause  of 
Grundy.  This  was  the  first  evidence  of  a  want  of  sympathy 
between  Jackson  and  Bell,  though  they  were  wholly  incom- 
patible in  their  mental  constitutions.  Bell  was  wise  but 
timid;  Jackson  was  bold  to  the  verge  of  temerity.  Pausing 
before  the  dangers  and  difficulties  in  the  way,  Bell  balanced 
the  chances  of  success,  and  shuddered  at  the  audacity  with 
which  Jackson  dashed  on — to  victory. 

Still  Bell  supported  Jackson  for  President.  In  a  letter 
prepared  for  the  public,  Oct.  11,  1826,  he  declared  the  admin- 
istration of  Adams  owed  its  existence  to  a  union  of  discordant 
and  hostile  interests,  brought  about  by  the  arts  of  political 
management  and  intrigue,  and  congratulated  the  country  that 
here  existed  such  a  man  as  Andrew  Jackson  to  be  the  in- 
strument in  the  hands  of  the  people,  for  its  overthrow ;  a  man, 
he  said,  whose  purposes  are  admitted  to  be  always  pure,  whose 
mind  seemed  formed  for  great  emergencies,  and  whose  splen- 
did services  placed  him  in  deserved  public  favor,  an  immeas- 
urable distance  in  advance  of  all  others.2 

The  election  was  held  in  August,  1827,  and  Bell  was  elected 
by  a  majority  of  1024  votes. 

After  the  Congressional  election  a  significant  thing  oc- 
curred, indicating  that  the  discriminating  public  had  detected 
an  estrangement  between  Bell  and  Jackson :  Notwithstanding 
Bell's  exaggerated  eulogy  on  Jackson,  his  sincerity  was  sus* 
pected,  and  his  friends  thought  it  necessary  for  him  to  again 
declare  himself  against  the  Adams  administration  and  in 
favor  of  General  Jackson,  which  he  did  in  a  public  letter, 
Sept.  17,  1827.  In  that  letter  he  says :  "Those  who  know  me 
will  not  suspect  that  I  have  avowed  myself  the  friend  of  Gen. 
Jackson  merely  that  I  might  avoid  that  destruction  of  po- 
litical prospects  which  an  opposite  course  would  have  threat- 


2 John  Bell:  His  Past  History  Connected  with  the  Public  Service f 
p.  2. 


JOHN    BELL  257 


ened.     I  am  not  yet  become  ambitious  of  public  honors/'3 

When  Bell  took  his  seat  in  the  national  House  of  Repre- 
sentatives in  1828,  Polk  had  already  been  a  member  of  that 
body  for  two  years,  and  was  making  reputation  as  an  un- 
compromiisng  Democrat,  and  as  an  able  champion  of  his  per- 
sonal and  hereditary  friend,  General  Jackson. 

The  earliest  political  divergence  between  Polk  and  Bell 
|  was  upon  the  predominant  question  of  a  national  bank.     In 

[  August,  1829 — four  months  before  Jackson's  first  message  to 

Congress — Polk  had  declared  his  irreconcilable  opposition  to 
;  the  existence  of  any  national  bank.4    Bell,  on  the  other  hand, 

while  he  voted  against  rechartering  the  Bank  of  the  United 
!  States,  as  early  as  1832  made  it  plain  that  he  favored  the  in- 

[  corporation  of  some  sort  of  a  national  bank.5     Coming  as  he 

did  from  Jackson's  own  Congressional  district,  this  leaning 
of  Bell  toward  the  bank,  made  a  rift  in  the  ranks  of  the  ad- 
ministration, which  the  opposition  saw,  and  used  with  telling 

effect. 

In  1833,  Andrew  Stevenson,  a  supporter  of  the  administra- 
tion, was  re-elected  for  a  third  time  Speaker  of  the  House 
of  Representatives,  and  Polk,  who  was  the  recognized  leader  of 
the  Jackson  forces  in  the  House,  was  appointed  chairman  of 
the  committee  on  wavs  and  means.     But  the  following  year 


' 


Stevenson,  who  had  been  appointed  Minister  to  England,  re- 
signed the  Speakership,  and  it  became  necessary  to  elect 
his  successor.  Polk,  the  chairman  of  the  committee  on  ways 
and  means,  was  promptly  nominated  as  the  candidate  of  the 
Democratic-Republican  party.  The  National  Republicans 
united  with  a  few  bank  Democrats  in  the  support  of  Bell, 
with  whom  they  hoped  to  divide  and  defeat  the  Administra- 
tion. The  contest  was  close,  determined,  and  bitter.  It  was 
decided  June  2,  1834,  when  Bell  was  declared  elected,  having 
received  four  votes  more  than  the  majority  necessary  to  a 
choice. 

Senator  Hugh  Lawson  White,  writing  at  the  time,  said : 
"I  fear  a  want  of  kind  feelings  between  them  may  grow  out 
of  the  canvass,  and  be  the  means  of  dividing,  at  home,  those 
who  now  pass  for  friends.  Both  are  to  me  like  children; 
therefore  I  took  no  part  in  the  contest."6  White  was  right; 
the  friendly  intercourse  of  the  two  distinguished  Tennesseans 
was  entirely  severed,  and  was  not  mended  by  the  succeeding 

3 John  Bell:  His  Past  History  Connected  with  the  Public  Service, 

p.  2. 

4John  S.  Jenkins:  Life  of  James  K.  Polk,  pp.  83-4. 

5"Speech  on  Clayton   Resolution,"  Abridgment  of  the  Debates  of 
Congress,  Vol.  11,  p.  624. 


6 


Nancy  N.  Scott:  Memoir  of  Hugh  Lawson  White,  p.  253. 


258  A.  V.  GOODPASTURE 


elections  in  1835  and  1837,  when  Polk  had  his  revenge  by  twice 
defeating  Bell  for  the  Speakership.  It  is  pleasing  to  know, 
however,  that  near  the  close  of  Polk's  administration,  he  and 
Bell,  then  a  member  of  the  United  States  Senate,  were  recon- 
ciled, through  the  good  offices  of  Daniel  Saffrons,  of  Gallatin, 
Tennessee;  which  was  especially  gratifying,  as  they  expected 
to  live  neighbors  in  Nashville  after  Polk's  retirement  at  the 
close  of  his  term  as  President,  and  wished  to  live  on  terms  of 
social  and  personal  intercourse.7 

Want  of  agreement  with  the  dominant  issue  of  the  Demo- 
cratic party,  and  the  united  support  of  the  Whig  party  in  his 
race  for  Speaker  of  the  House  of  Representatives,  made  easy 
the  open  revolt  of  Bell  against  Democratic  party,  which  was 
the  most  brilliant  epoch  in  his  career.  Occasion  was  found  in 
the  election  of  a  successor  to  President  Jackson.  Van  Buren 
was  the  leading  candidate,  and  was  known  to  be  the  favorite 
of  the  retiring  President.  After  coquetting,  not  very  suc- 
cessfully, with  the  Van  Buren  following,  in  his  race  for  Speak- 
er, Bell  determined  to  espouse  the  cause  of  Hugh  Lawson 
White,  without  regard  to  the  action  of  the  Democratic  Conven- 
tion. White  was  a  Democrat,  and  next  to  Jackson,  was  the 
most  popular  man  in  Tennessee.  He  was  a  man  of  high  charac- 
ter, firmness  of  purpose,  and  ardent  patriotism,  with  consid- 
erable ability,  experience,  and  learning — in  fact,  a  man  who 
would  have  honored  the  office  of  President;  but  from  this 
viewpoint,  it  does  not  appear  that  he  ever  had  the  remotest 
possibility  of  election. 

Benton  ascribes  White's  candidacy  to  the  intrigues  of  de- 
signing politicians,  operating  through  the  vanity  of  his  wife. 
"In  his  advanced  age,"  he  says,  White  "did  the  act  which,  with 
all  old  men,  is  an  experiment;  and,  with  most  of  them,  an 
unlucky  one.  He  married  again;  and  this  new  wife  having 
made  an  immense  stride  from  the  head  of  a  boarding-house 
table  to  the  head  of  a  Senator's  table,  could  see  no  reason  why 
she  should  not  take  one  step  more,  and  that  comparatively 
short,  and  arrive  at  the  head  of  the  President's  table."  And 
.  quotes  the  exultant  announcement  of  a  Whig  member  of  Con- 
gress from  Kentucky:  "Judge  White  is  on  the  track,  running 
gayly,  and  won't  come  off;  and  if  he  would,  his  wife  won't 
let  him."8 

In  November,  1832,  White  was  married  a  second  time,  to 
Mrs.  Ann  E.  Peyton,  of  Washington  City.  She  was  a  widow 
of  respectable,  and  even  influential  family,  being  the  daughter 
of  Colonel  Craven  Peyton,  of  Loudon  County,  Virginia,  who 

Tolk's  Diary,  Vol.  3,  pp.  258-60;  264-5;  284-5. 


» 


Thos.  H.  Benton:     Thirty  Years9  View,  Vol.  2,  p.  185. 


JOHN    BELL  259 


lost  his  life  in  the  war  of  1812.  Well  educated,  sensible,  with 
charming  manners,  she  was  a  woman  of  unusual  attractions. 
She  had  been  unhappy  in  her  first  marriage,  was  divorced,  and 
resolved  to  maintain  herself  and  her  two  children  by  her  own 
exertions.  Having  failed  in  an  attempt  to  establish  a  school 
at  Alexandria,  she  opened  up  a  boarding-house  in  Washing- 
ton, where,  by  good  management,  tact,  and  perseverence,  she 
built  up  a  profitable  business.  White  had  resided  with  her, 
when  in  Washington,  from  1820  till  their  marriage  in  1832. 
She  Was  an  affectionate  and  devoted  wife  to  him,  and  sur- 
viving him  seven  years,  died  at  his  residence  near  Knoxville, 
in  April,  1847.9 

If  Mrs.  White  was  ambitious  to  be  the  first  lady  of  the  land, 
the  talent  and  virtues  of  her  husband,  as  well  as  her  own  ac- 
complishments, justified  the  wish.  But  it  is  almost  certain  that 
White  had  his  eye  on  the  Presidency  long  before  he  was  mar- 
ried to  Mrs.  Peyton.  As  early  as  April  28,  1830,  in  the  middle 
of  Jackson's  first  term,  he  wrote:  "I  have  not,  nor  will  I,  com- 
mit myself  to  support  any  particular  pretender  after  Jackson 
is  off  the  stage.  Of  course  I  shall  never  have  my  exertions 
applauded  in  the  Telegraph  (Calhoun  organ),  nor  in  any 
other  paper  published  here,  while  things  remain  as  at  pres- 
ent."10 Again,  May  18,  1932 :  "I  am  for  Gen.  Jackson,  but  am 
not  either  a  Calhoun  Jackson  man,  or  a  Van  Buren  Jackson 
man,  and  therefore  it  is  pleasing  to  the  Globe  (Jackson-Van 
Buren  organ)  and  Telegraph  (Calhoun  organ)  not  to  notice 
favorably  anything  I  say  or  do;  and  as  I  am  opposed  to  Mr. 
Clay,  his  papers  will  of  course  speak  disrespectfully  of  me. 
Notwithstanding  these  difficulties,  I  will  go  on  exactly  as  I 
have  done,  making  myself  as  useful  as  I  can;  determined  to 
leave  myself  at  liberty,  when  Gen.  Jackson  is  off  the  stage,  to 
exercise  my  own  judgment  on  the  question  of  a  successor."11 

Van  Buren,  Calhoun,  and  Clay  were  the  recognized  candi- 
dates; White  opposed  them  all.  Whom,  then,  did  he  favor? 
The  inference  is  strong  that  thus  early  he  had  hope  that  his 
claims  to  the  succession  might  be  taken  up.  Besides,  the  Ad- 
ministration had  reckoned  on  his  aspirations  since  the  disso- 
lution of  the  cabinet  in  1831,  if  not  earlier.  In  1833  and  1934 
his  candidacy  was  freely  and  widely  discussed.  Finally,  De- 
cember 20,  1834,  he  became  an  avowed  candidate,  having  re- 
ceived the  caucus  nomination  of  the  Tennessee  delegation  in 
Congress — Polk,  Grundy,  and  Johnson  only  declining  to  enter 

the  conference. 

Polk  had  been  a  warm  personal  and  political  friend  of 

9Nancy  W.  Scott :    Memoir  of  Hugh  Lawson  White,  pp.  419 ;  450-55. 
10Ibid.9  p.  270. 
nIbid.,  p.  269. 


2<;0  A.    V.    GOODPASTURE 


White,  and  was  then  ready  to  support  him,  if  it  should  be 
ascertained  that  he  was  the  choice  of  a  majority  of  the  party. 
It  was  apparent,  however,  that  Van  Buren  would  receive  the 
nomination  of  the  Baltimore  Convention,  and,  therefore,  it 
was  determined  to  run  White  as  an  Independent  candidate. 

The  Globe,  the  Democratic  organ  at  the  capital,  charged 

that  White  was  a  tool  in  the  hands  of  one  deeper  and  more 

designing  than  himself;  one  whose  foul  and  deep-laid  scheme 

it  was  to  defeat  Jackson's  administration  and  strengthen  the 

hands  of  his  enemies.     This,  it  is  said,   referred  to  Bell.12 

Whether  Bell  brought  White  into  the  race,  or  found  him  there, 

his  candidacy  accorded  with  Bell's  feelings,  and  he  accepted 

the  leadership  of  his   campaign.     He  delivered  the  keynote 

speech  at  Vauxhall  Garden,  Tennessee,  May  23,  1834.     This 

address  was  prepared  with  more  care  and  labor  than  he  ever 

devoted  to  another  speech.    The  place  chosen  for  its  delivery 

was  spacious  and  attractive.  The  audience  was  large  and  im- 
posing. 

Vauxhall  Garden  was  a  place  of  fashionable  resort  in  the 
southern  border  of  Nashville.  It  was  modeled  after  the  famous 
Vauxhall  Gardens  which  flourished  for  two  centuries  in  the 
city  of  London,  whose 


Green  groves,  and  wilderness  of  lamps 
Dimmed  the  stars. 


It  contained  a  large  assembly  room,  beautiful  promenades, 
walks,  and  other  places  of  amusement  and  recreation,  laid  otf 
and  arranged  in  attractive  style.13 

Here  Bell  lighted  the  torch  of  revolt  against  the  Demo- 
cratic party,  and  kindled  a  flame  that  swept  the  country  like 
a  besom,  giving  the  opposition  party  a  majority  of  nearly 
10,000  votes,  in  a  State  that,  four  years  previously,  had  cast 
less  than  1,500  votes  for  the  gallant  Henry  Clay.  The  Demo- 
cratic leaders  aligned  the  White  party  with  the  opposition 
(where  they  finally  landed),  and  undertook  to  provoke  from 
them  an  attack  upon  the  Jackson  administration,  thus  nar- 
rowing the  contest  to  a  fight  between  White  and  Jackson, 
leaving  Van  Buren,  who  was  never  popular  in  the  South,  in 
the  background.  How  signally  they  failed  will  be  seen  by  a 
synopsis  of  Bell's  speech.  He  made  the  public  believe  White 
was  a  better  Democrat  than  Van  Buren;  and  eased  them  so 
gently  into  the  Whig  party  that  they  never  waked  up  until 
they  were  safely  delivered. 

12James  Phelan:     History  of  Tennessee,  p.  367. 

"Eastin  Morris:     The  Tennessee  Gazeteer,  Nashville,  1834,  p.  122. 


\ 


JOHN    BELL  261 


He  said  he  was  not  a  partisan,  and  was  disqualified  by 
feelings  and  principle  from  becoming  one. 

Party  had  been  the  radical  vice  of  other  governments; 
and  our  system,  and  the  extent  of  territory  over  which  it 
operated,  was  peculiarly  exposed  to  the  assault  of  factions. 

For  the  last  eight  or  ten  years  we  had  been  in  a  state  of 
moral  war,  and  avoided  physical  war  almost  by  a  miracle. 
The  fabric  of  our  government  had  been  shaken  and  convulsed 
to  its  center,  and  confidence  in  it  impaired  at  home  and 
abroad,  not  by  anything  peculiar  in  the  questions  that  had 
arisen,  but  by  party. 

There  can  be  but  two  parties,  the  "ins"  and  the  "outs." 
Every  party  is  composed  of  factions.  No  man  is  exempt  from 
error,  and  no  institution  or  department  of  government  without 
defects.     These  furnish  handles  to  faction. 

Men  are  drawn  into  parties  by  a  great  variety  of  motives, 


good  and  bad.  The  ambition  of  bad  men  leads  good  men  to 
believe  it  would  be  better  if  they  were  permanently  invested 
with  power;  it  leads  men  to  destroy  rather  than  let  fall  into 
the  hands  of  those  they  believe  to  be  bad  and  dangerous  men. 

There  was  nothing  in  the  questions  which  had  arisen  in  the 
last  eight  or  ten  years,  nor  in  the  federative  feature  of  our 
system,  nor  in  the  extent  of  territory  over  which  it  operates, 
nor  even  in  the  institution  of  slavery  itself,  to  impair  the  har- 
mony, duration,  and  prosperous  action  of  our  system.  The 
real  danger  lies  in  violent  party  action  in  the  government 
itself. 

"While  the  party  to  which  we  all  belong"  was  forming, 
each  party  contended  which  should  go  farthest  in  the  support 
of  both  branches  of  the  "American  System,"  the  Tariff  and 
Internal  Improvements.  The  extreme  legislation  resulted  in 
the  dangerous  experiment  of  nullification.  Likewise,  the  great 
combustion  of  feeling  and  opinion  which  kept  the  country  in 
such  alarm  on  the  subject  of  the  Bank,  had  its  origin  in  the 
machinations  of  party,  that  common  incendiary  in  free  gov- 
ernments. Now  it  was  proposed  for  the  first  time  in  the  his- 
tory of  free  states  to  surrender  the  liberty  and  institutions 
of  the  country  to  the  absolute  control  of  this  great  enemy. 

He  drew  a  striking  analogy  between  the  system  of  party 
organization  and  discipline  in  some  states  (by  which  he  meant 
particularly  New  York),  and  the  Society  of  Jesuits. 

He  saw  a  foul  blot  upon  the  attempt  to  bring  this  system 
of  party  organization  into  National  politics, — the  deliberate 
attempt  to  procure  the  open  and  direct  interference  of  the 
President  in  the  question. 

He  defended  his  own  political  record,  and  complained  that 
his  enemies  had  set  themselves  to  work  to  effect  a  breach  be- 


• 


• 


262  A.    V.    GOODPASTURE 


tween  himself  and  the  President;  "a  man,"  he  said,  "towards 
whom  I  have  never  failed  in  showing  a  proper  respect,  and 
whose  administration  I  have  faithfully  supported." 

He  alluded  to  the  caucus  of  the  Tennessee  delegation  in 
Congress  that  brought  Judge  White  forward  as  a  candidate 
for  President.  He  defended  White's  record,  and  declared  the 
race  of  White  and  Van  Buren  to  be  a  contest  between  two  of 
Jackson's  friends.  White  had  been  more  consistent  than  Van 
Buren  in  his  support  of  Jackson.  The  friends  of  White  would 
not  seek  to  disturb  the  tranquility  of  Gen.  Jackson's  admin- 
istration, nor  to  defeat  or  unsettle  any  of  those  great  ques- 
tions upon  which  he  had  acquired  so  much  of  his  present 
power  and  influence.  They  would  adhere  to  Gen.  Jackson's  ad- 
ministration from  consistency  and  a  respect  for  their  own 
characters,  and  because  they  would  be  supporting  their  own 
principles. 

Some  appeared  to  think  Gen.  Jackson  could  transmit  to  a 
successor  of  his  own  choice  his  own  stern  opinions,  and  his 
power  over  public  opinion.  The  danger  was  rather  that  the 
reaction  would  be  excessive,  and  that  the  executive  in  the 
next  administration  would  not  be  felt  as  much  as  he  ought. 
"It  is  a  daring  enterprise  in  any  light  in  which  it  can  be 
viewed,  in  any  man,  to  attempt  to  wear  the  armor  of  the  po- 
litical Achilles !  It  is  no  puny  arm  that  can  wield  the  trunch- 
eon of  Jackson." 

He  then  considered  the  general  charge  that  the  candidacy 
of  Judge  White  would  be  dangerous  to  the  "unity  of  the 
party,"  and  undertook  to  show  that  the  Jackson  party  had 
never  been  a  unit  on  any  question,  except  the  Bank,  the  sup- 
port of  Gen.  Jackson,  and  the  preservation  of  power.  After 
artfully  defending  his  own  record  on  the  Bank  question,  he 
again  warned  his  countrymen  against  the  excesses  of  party, 
and  closed  with  these  words : 

"When  party  is  the  watchword  and  ensign  of  those  who 
fight  for  the  spoils,  the  warning  voice  of  patriotism  says  to 
every  free  man,  to  every  White  man,  inscribe  your  COUNTRY 
upon  your  banner,  and  in  hoc  vince"1* 

The  effect  of  the  speech  on  his  immediate  auditors  was  ir- 
resistible; it  convinced  and  inspired  the  men,  and  charmed 
the  women.  There  chanced  to  be  in  the  audience  a  young 
widow,  Mrs.  Jane  (Ervin)  Yeatman,  of  Bedford  County.  She 
was  an  accomplished  lady,  of  fascinating  manners  and  vigorous 
intellect,  who  had  never  before  seen  Mr.  Bell,  but  who  had 
heard  of  him,  and  sympathized  deeply  with  him  as  a  public 


14 


'/ 


f  May 


Vauxhall  Garden, 


JOHN    BELL  263 


man.  Mrs.  Yeatman  listened  to  the  whole  of  his  speech  with 
the  warmest  admiration.  When  he  had  concluded  she  whis- 
pered to  a  friend :  "Though  I  never  before  thought  of  marry- 
ing a  second  time,  I  do  not  know  how  I  should  be  able  to 
refuse  a  nuptial  offer  from  such  an  orator  and  patriot."  Bell 
probably  heard  of  the  conquest  he  had  made,  for  in  a  few  days 
he  called  to  pay  his  respects  to  Mrs.  Yeatman,  and  in  due 
course  they  became  husband  and  wife.15 

The  effect  of  Bell's  speech  was  not  confined  to  the  large 
audience  who  heard  it  delivered;  it  was  circulated  in  pamph- 
let form,  and  furnished  the  Opposition  all  over  Tennessee  the 
cue  upon  which  the  White  campaign  was  pitched.  The  nick- 
name of  "No-Party  party"  which  they  received  was  a  tribute 
to  Bell's  speech.  The  "No-Party  party"  was  militant,  the 
tide  was  running  their  way,  and  the  result  proved  it  to  be  a 
ground-swell.  Bell  was  re-elected  to  Congress  without  oppo- 
sition. Polk  had  a  hard  fight  to  hold  his  seat.  White  carried 
the  state  by  an  astounding  majority.  Jackson  confidently 
awaited  the  "sober  second  thought"  of  the  people. 

A.  V.  Goodpasture. 


16Henry  S.  Foote:     Bench  and  Bar  of  the  South  and  Southwest. 
p.  177. 


DOCUMENTS 


1.  Letters  of  General  John  Coffee  to  His  Wife,  1813-1815 


INTRODUCTION, 

General  John  Coffee  was  born  in  Prince  Edward  County, 
Virginia,  June  2,  1772,  and  died  on  his  plantation,  "Hickory 
Hill,"  on  Coxe's  Creek,  near  Florence,  Alabama,  July  7,  1833. 
His  father,  Joshua  Coffee  (1745-1797),  removed  in  1775  from 
Virginia  to  Granville  County,  North  Carolina,  and  became  in 
1780  a  captain  in  the  Granville  regiment  of  militia.  For  nine 
months  he  saw  service  toward  the  South  in  the  Revolutionarv 
militia.  After  the  close  of  the  Revolution  he  removed  to 
Rockingham  County,  North  Carolina,  where  he  died  in  1797. 
He  left  a  widow,  Elizabeth  Graves  Coffee  (1751-1804),  and 
three  children,  Thomas  Graves  Coffee,  John  Coffee  and  Mary 
Coffee,  wrho  married  Simpson  Harris.  The  elder  son  became 
a  resident  of  Alabama  and  the  two  younger  children  removed 
to  Tennessee.  It  was  in  April,  1798,  that  John  Coffee  came 
with  his  mother  to  the  village  of  Haysborough,  on  the  Cum- 
berland River,  near  the  present  village  of  Madison,  a  few 
miles  above  Nashville.  There  he  was  a  merchant  and  a  sur- 
veyor. He  was  well  educated  for  those  days,  and  his  skill  as 
a  surveyor  was  a  material  factor  in  his  unusually  successful 
career. 

Though  it  was  once  considered  as  a  uossible  rival  of  Nash- 


been 


ory.  There  lived  a  number  of  strong  and  sturdy  children  of 
the  pioneers.  The  founder  of  the  town  was  Colonel  Robert 
Hays,  who  married  a  sister  of  Mrs.  Andrew  Jackson.  A 
brother  of  these  notable  women  was  Captain  John  Donelson, 
whose  daughter,  Mary,  was  married  in  1809  to  John  Coffee. 
John  Donelson,  Senior,  was  the  celebrated  co-founder  with 
James  Robertson  of  the  Cumberland  settlement,  the  leader 
of  the  flotilla  headed  by  the  boat,  Adventure,  which  brought 
the  colony  to  the  Cumberland  in  1780.  His  granddaughter, 
Mary  Donelson  Coffee,  was  sixteen  years  of  age  at  her  mar- 
riage. She  lived  until  December  1871,  and  was  the  mother 
of  ten  children,— Mary  Donelson  Coffee  (1812-1839),  who 
married  Andrew  Jackson  Hutchings;  John  Donelson  Coffee 
(1815-1837),  who  married  Mary  N.  Brahan;  Elizabeth  Graves 


Coffee  (1817-1838) 


(1819-1891),  who 


married  Elizabeth  Hutchings  and  was  an  officer  in  the  war 
with  Mexico;  Alexander  Donelson  Coffee  (1821-1901),  who 
was  first  married  to  Ann  E.  Sloss,  then  to  Mrs.  Camilla  Mad- 


COFFEE    LETTERS  265 


ding  Jones;  Rachel  Jackson  Coffee  (1823-1892),  who  married 
A.  J.  Dyas;  Katherine  Coffee  (1826-1881)  ;  Emily  Coffee  (1828- 
1829);  William  Coffee  (1830-1903),  wlio  married  Virginia 
Malone;  Joshua  Coffee  (1832-1879).  Alexander  Donelson  Cof 
fee  and  William  Coffee  were  officers  in  the  Confederate  army. 

Some  time  in  his  earlier  years  John  Coffee  became  the  de- 
voted  friend  of  Andrew  Jackson  and  continued  so  until  his 
death.  With  him,  John  Hutchings  and  some  of  the  Donelsons, 
Jackson  was  for  a  time  a  silent  partner  in  mercantile  busi- 
ness. Coffee  was  engaged  as  a  merchant  from  1802  to  1807, 
but,  as  he  himself  said,  "From  some  accidents  or  losses,  and 
from  bad  calculations  or  mismanagement,  this  proved  a  losing 
business."    He  further  said  : 

"In  the  early  part  of  the  year  1807  I  engaged  in  the  sur- 
veying business  in  the  then  newly  acquired  country  on  the 
rivers  Duck  and  Elk,  which  business,  by  my  great  exertions 
and  unremitting  attention,  proved  profitable.  In  the  course 
of  two  years  I  was  thereby  enabled  to  pay  the  arrearages  of 
my  mercantile  debt,  amounting  to  six  thousand  dollars,  be- 
sides  reserving   to   myself   several   valuable   tracts   of  land." 

When  Mary  Donelson  was  married  to  John  Coffee  in  Oc- 
tober, 1809,  her  father  gave  her  a  farm  on  Stone's  River,  about 
two  miles  from  the  present  village  of  Jefferson,  in  Rutherford 
County,  and  there  they  resided  until  their  removal  to  Alabama 
in  1819.  This  farm  is  situated  about  ten  miles  from  the 
Hermitage,  near  which  Mrs.  Coffee's  father  resided.  It  was 
not  very  long  after  his  removal  to  the  Stone's  River  farm 
that  John  Coffee  was  chosen  as  clerk  of  the  County  Court  of 
Rutherford  County.  He  held  this  office  and  operated  the  farm 
until  the  thrilling  movements  of  1812  brought  him  into  the 
field  for  military  service.  In  fact,  even  by  this  time  he  was  a 
prominent  and  popular  citizen.  He  was  regarded  as  great  of 
body  and  of  heart.  He  was  tall,  broad-shouldered,  gentle  in 
manner,  but  brave  and  intelligent.  In  the  year  1806  he  had 
fought  an  almost  harmless  duel  with  Nathaniel  McNairy  out 
of  his  partisanship  for  Jackson  in  the  troubles  leading  to 
his  duel  with  Dickinson.  When  Aaron  Burr  was  making 
Jackson  believe  that  a  war  with  Spain  was  imminent,  Jackson 
suggested  Coffee  as  his  first  choice  as  colonel  of  one  of  the 
regiments  to  be  raised  in  Tennessee.  It  is  not  remarkable  then 
that  John  Coffee  was  colonel  of  a  regiment  in  the  very  first 
expedition  that  went  out  from  Tennessee  in  the  second  war 

with  Great  Britain. 

The  story  of  his  military  career — so  full  of  courage,  faith- 
fulness and  heroism — is  well  told  in  American  history  and 
especially  in  the  biographies  of  Andrew  Jackson.  Fortunately, 
he  left  many  letters  and  other  papers.    His  letters  to  his  father- 

— 2Hist. 


266  DOCUMENTS 


in-law,  Captain  John  Donelson,  written  during  his  military 
campaigns,  are  the  property  of  the  Tennessee  Historical  So- 
ciety. They  were  published  in  the  American  Historical  Maga- 
zine for  April,  1901.  His  letters  to  his  wife  have  been  sacred- 
ly preserved  by  his  descendants  and  these  and  other  papers 
are  now  furnished  for  publication  by  Mrs.  A.  D.  Coffee,  of 
Florence,  Ala.,  and  Mr.  Robert  Dyas,  of  Nashville,  a  son  of  Gen- 
eral Coffee's  daughter,  Mrs.  Rachel  Coffee  Dyas.  Many  let- 
ters written  by  General  Coffee  to  General  Jackson  are  a  part 
of  the  Jackson  papers  originally  committed  to  Amos  Kendall, 
then  to  Frank  P.  Blair,  and  now  in  the  Division  of  Manuscripts, 
Library  of  Congress.  Mr.  Robert  Dyas  has  submitted  to  the 
editor  of  the  Magazine  for  examination  the  original  letters  of 
Jackson  to  Coffee,  covering  a  period  of  many  years  and  deal- 
ing familiarly  and  often  confidentially  with  a  multitude  of 
subjects.  It  is  to  be  hoped  that  this  most  interesting  collection 
can  be  published  at  no  distant  date.  General  Coffee's  letters 
to  his  wife  are  always  affectionate  and  practical.  In  nearly 
all  of  them  she  is  addressed  as,  "My  Love,"  or  "My  dear 
Wife,"  and  they  close  with  fond  expressions  of  tender  devotion. 
They  exhibit  the  finest  spirit  of  duty  and  kindness  in  the 
heart  of  the  heroic  Indian  fighter  and  the  brigade  commander 
at  New  Orleans,  of  whom  General  Jackson  said :  "John  Coffee 
is  a  consummate  commander.    He  was  born  so.    But  he  is  so 

modest  that  he  doesn't  know  it." 

These  letters,  telling  wjth  simple  art  their  momentous 
story,  are  yet  full  of  details  of  home  life,  farm  management 
and  relations  with  kindred  and  friends.  They  show  a  thrifty 
mind,  a  determination  to  see  that  all  at  home  are  well  pro- 
vided for.  The  story  opens  with  the  Natchez  expedition,  fruit- 
less save  for  its  military  discipline.  The  great  drama  of  the 
Creek  War,  the  expedition  in  Pensacola,  and  the  New  Orleans 
campaign — a  succession  of  victories — is  told  in  plain  contem- 
porary narrative. 

In  presenting  these  letters  many  of  the  references  to  do- 
mestic details  are  omitted,  with  due  indications  of  such  omis- 
sions. Minor  errors  in  punctuation  have  been  corrected.  The 
letters  are  set  forth  in  groups,  and  further  explanation  will  be 
given  with  each  group.  In  nearly  all  cases  the  letters  to  Mary 
Coffee  are  directed  to  Rutherford  County,  Tennessee. 

John  H.  DbWitt. 


COFFEE   LETTERS  267 


The  Natchez  Expedition,  1813. 

The  Natchez  expedition  is  well  known  in  history.  President 
Madison  planned  an  invasion  and  occupation  of  West  Florida. 
In  November,  1812,  the  governor  of  Tennessee  received  a  call 
for  fifteen  hundred  volunteers  for  the  defense  of  New  Orleans 
thus  the  real  purpose  was  withheld,  as  New  Orleans  was  not 
threatend  by  the  British.  Andrew  Jackson,  major-general  of 
Tennessee  militia,  was  impatient  for  some  real  military  service. 
In  that  year  John  Coffee  had  raised  a  troop  of  cavalry  and 
when  Jackson's  army  was  finally  organized  Coffee  was  elected 
colonel  of  the  regiment  of  cavalry,  or  mounted  gunmen,  num- 
bering 670.  Jackson  went  by  river  in  flat-bottomed  boats  to 
Natchez  with  the  two  regiments  of  infantry,  commanded  by 
Colonels  Thomas  Hart  Benton  and  William  Hall  (afterward 
governor).  They  left  Nashville  on  January  7,  1813.  Colonel 
Coffee's  regiment  assembled  at  Franklin,  and  on  January  19 
began  the  march  overland.  On  February  16  the  three  regi- 
ments were  united  near  Natchez.  Coffee's  regiment  stopped  at 
Washington,  in  the  territory  of  Mississippi,  a  short  way  from 
Natchez. 

Great  was  the  disappointment  of  officers  and  men,  when 
after  a  month  of  idleness  an  order  came  from  the  War  De- 
partment to  disband.  General  Jackson,  instead,  led  the  force 
back  to  Nashville  at  his  own  expense,  for  which  he  was  after- 
ward reimbursed. 

The  following  letters  relate  to  this  expedition : 

John  Coffee  to  Mary  Coffee. 

1.  Nashville,  Friday  night  12  o'clock,  January  2nd,  1813. 

When  duty  requires  it,  all  who  wish  to  act  justly,  will  and  must 
obey,  although  our  private  interest,  as  well  as  our  most  tender  wishes, 
would  dictate  otherwise, — when  I  parted  with  you  last,  I  flattered 
myself  if  detained  here  thus  long,  I  would  have  had  the  gratification 
of  seeing  you  again  before  I  left  the  State,  but  in  this  I  am  and  must 
be  disappointed,  when  I  am  absent  from  my  command  all  appears  to 
be  wrong,  it's  hard  to  get  along  with  my  business  when  present,  but 
worse,  much  worse,  when  away — therefore  have  resolved  to  do  my 
duty  at  the  sacrifice  of  my  dearest  interest  and  wishes,  and  I  know 
you  will,  like  a  true  patriot,  applaud  my  resolution,  notwithstanding 
your  fond  desire  that  I  could  be  with  you, — but  the  time  will  soon  roll 
away  when,  I  hope,  the  situation  of  our  country  will  not  require  the 
service  of  her  citizens — and  then  my  love  we  can  sit  down  in  peace 
and  enjoy  the  comforts  that  are  laid  in  store  for  us  and  which  we 
shall  so  fondly  enjoy,  to  which  time  I  shall  look  forward  with 
anxious  solicitude,  when  we  can  sit  down  with  our  dear  little  infant1 
daughter  and  spend  our  days  in  each  other's  tender  embrace — 

,Mary  Coffee,  who  in  1833  married  Andrew  Jackson  Hutchings,  a  grand- 
nephew  of  Mrs.  Andrew  Jackson,  son  of  John  Hutchings,  who  by  will  made  General 
Jackson  guardian  of  Andrew.  This  is  the  first  will  recorded  at  Huntsville,  Alabama. 
It   was   written  by  the   hand  of  Andrew   Jackson,   and   Mrs.   Jackson  was   one  of  the 

witnesses. 

The  letters  of  General  Jackson  to  Andrew  Jackson  Hutchings  are  now  in  the  cus- 


268  DOCUMENTS 


I  have  seen  Mr.  Eastin2  he  tells  me  you  and  little  Mary  are  well,- 
I  expect  by  the  time  this  reaches  you  a  part  of  S.  Harris8  family 
will  be  with  you.  I  saw  Mr.  Harris,  who  said  Lucinda4  would  go 
with  the  first  waggon — himself  and  wife  would  wait  untill  the  last 
of  their  property  went,  the  waggon  left  here  this  morning  to  go  to 
his  house  for  the  last  load,  so  you  may  not  expect  them  for  near  a 
week, — I  hope  all  is  going  on  well — are  the  boys  doing  anything  about 
getting  in  the  corn — I  expect  the  weather  is  so  bad  they  cant  do 
much— do  my  dear  encourage  them  to  progress  as  well  as  they  can 
untill  Mr.  Harris  comes,  when  I  am  in  hopes  he  will  superintend  the 
business  of  the  farm — I  dont  recollect  anything  to  advise  you  of 
more  than  when  I  left  home — I  wish  you  would  write  me  a  line  by 
Ben,5  about  matters  and  things  as  I  shall  feel  very  anxious  to  hear 
from  you  as  well  as  to  know  the  situation  of  my  farm  etc. — I  have 
sent  Ben  expressly  for  that  purpose,  as  I  cannot  come  myself.  I 
dent  expect  to  write  you  again  untill  some  opportunity  offers  on  the 
read,  when  or  where  I  cannot  say — I  flatter  myself  I  shall  have  a 
pleasant  trip  although  the  weather  is  as  yet  bad,  we  shall  soon  reach 
a  more  temperate  climate — And  I  have  an  agreeable  set  of  officers 
as  companions,  and  have  no  doubt  all  be  pleasant. 

P.  S.  I  expect  we  shall  leave  this  place  on  Wednesday  next — on 
the  line  of  march — 

2.  Camp  near  Franklin,  January  16,  1813. 

I  received  yours  requesting  me  once  more  to  visit  you  before  my 
final  departure  from  the  State.  I  need  not  remark  to  you,  as  I  am 
sure  you  are  apprised  of  my  great  anxiety  to  do  so,  did  not  prudence 
and  a  sense  of  my  duty  dictate  otherwise,  I  am  not  disposed  to  com- 
plain or  shrink  from  the  task  I  have  undertaken,  but  will  only  ob- 
serve, that  its  a  laborious  one,  it  requires  all  the  Philosophy,  all  the 
energy  and  firmness  I  am  master  of,  to  keep  things  going  on  in  a 
proper  train,  One  hour's  absence  will  take  days  to  regain  the  former 
order  of  things,  I  am  now  left  to  the  entire  command  of  my  Regi- 
ment, and  the  eyes  of  my  men  and  those  of  the  world  are  upon  me, 
and  one  small  piece  of  neglect  would  never  be  regained  by  me 
during  life,  under  those  circumstances  I  think,  my^  love,  you  will 
applaud  my  resolution,  and  approve  the  privation  of  enjoying  one  more 
evening  with  an  affectionate  wife  and  tender  infant — untill  I  have 
discharged  the  trust  reposed  in  me  by  my  country.     .    .     . 

I  expect  to  leave  this  on  Monday  next  on  our  final  march,  I  shall 
pass  through  Columbia,  Colbert's  ferry  and  direct  to  Natchez,  where 
I  expect  to  meet  General  Jackson  again.  I  fear  he  will  be  froze  up 
in  the  river  with  the  ice  for  some  time  yet  to  come — Mr.  Wilson  will 
hand  you  this,  as  he  goes  home,  by  the  time  he  returns  do  write  me  by 
him,  I  shall  expect  you  to  write  by  all  safe  opportunities  as  it  will 
be  the  greatest  pleasure  I  can  here  enjoy  to  receive  a  line  from  you, 
how  is  our  sweet  little  Mary  and  yourself.    Am  in  perfect  health. 

tody  of  the  Tennessee  Historical  Society  through  the  kindness  of  Mr.  Robert  Dyas. 
They  have  never  been  published.  They  reveal  a  tender  love  and  solicitude  for  the 
young  man  and  show  the  deep  religious  convictions  and  kindly  emotions  of  General 
Jackson. 

aWil1iam  Eastin,  a  merchant  of  Nashville  and  Franklin,  who  in  1809  married 
Rachel  Jackson  Donelson,  a  sister  of  Mrs.   Coffee. 

•Simpson  Harris,  of  Rutherford  County,  who  was  the  husband  of  General  Coffee's 
sister,  Mary  Coffee  Harris.  He  was  the  great-grandfather  of  Rev.  John  Royal  Harris. 
D.D.,  a  well-known   Presbyterian   minister,   now  of  Pittsburgh,  Pa. 

4Lucinda  Harris,  daughter  of  Simpson  Harris.  She  married  Dr.  Horatio  De 
Priest,  of  Columbia,  Tennessee. 

•Ben    was    General    Coffee's    negro    servant. 


COFFEE    LETTERS  269 


3.  Camp  near  Franklin,  Tenn.,  January  18,  1813. 

I  drop  you  this  line  by  Mr.  McCulloch  who  is  just  about  to  leave 
me,  and  has  promised  to  hand  you  a  bundle  of  papers,  that  you  will 
take  care  of,  I  had  prepared  them  to  send  by  your  brother  Sandy0 
who  is  in  the  neighborhood,  but  seeing  Mr.  McC  have  got  him  to 
deliver  them  to  you.  If  your  father  wishes  to  see  any  of  my  papers 
do  shew  them  to  him  as  he  may  want  to  transact  some  business  for 
me  in  my  absence,  I  have  requested  him  to  do  so, — I  saw  Mr.  Harris 
yesterday  as  he  passed  by  here,  and  he  has  promised  me  that  he  will 
move  up  immediately  and  attend  to  any  business  of  the  farm,  I  hope 
he  will  do  so.  ...  I  shall,  to  a  certainty,  leave  this  place  to- 
morrow, and  move  on  without  halting  again — I  will  write  perhaps 
from  Columbia  but  if  I  do  not,  will  write  by  every  opportunity — hope 
to  hear  from  you  by  Ben  Wilson,  by  whom  I  wrote  you,  am  crowded 
with  business  but  am  [well]  and  enjoy  perfect  health — hope  you  and 
our  little  daughter  are  in  good  health, — how  does  she  grow,  write  me. 

4.  Camp  at  Colbert's  Ferry,  January  28,  1813. 

We  reached  the  Tennessee  river  on  the  evening  of  the  25th  Instant 
and  took  us  two  days  to  cross  the  river,  which  we  completed  last 
night.  I  find  all  the  Indians  on  the  road,  and  particularly  the  Colbert 
family,  are  very  accommodating  to  us,  we  shall  be  tolerably  well 
supplied  in  passing  through  the  nation,  Colonel  Henderson  is  in  ad- 
vance of  us  about  an  hundred  miles  laying  in  supplies,  who  informs 
me  he  succeeds  very  well.  We  march  slow,  not  more  than  from  20 
to  23  miles  per  day.  It  will  take  us  upward  of  20  days  yet  to  reach 
Natchez,  shall  move  on  this  morning — I  am  advised  that  the  Indians 
below  here  on  the  road  are  alarmed  at  our  approach,  many  of  them 
leaving  their  homes  uninhabited — I  am  informed  the  inhabitants  in 
the  lower  Country  are  much  gratified  at  hearing  of  our  marching  to 
their  relief,  but  they  know  of  no  enemy  to  combat  with,  their  country 
as  yet  is  uninvaded, — since  my  being  in  camp  I  hear  no  news,  being 
generally  engaged  in  the  execution  of  my  duties,  the  men  under  my 
command  appear  perfectly  careless  and  easy,  quite  chearful,  and  no 
expectation  of  meeting  an  enemy  any  where — yet  wishing  to  do 
all  now  goes  on  easy  since  we  commenced  our  march,  being  now  con- 
vinced all  is  not  a  bubble — 

I  wrote  you  by  Alex  McCulloch,  since  which  nothing  occurs  to 
advise  you  of,  only  that  I  called  at  Doctor  Deprist's,  saw  Sister 
Harris  and  all  the  girls,  all  are  well,  Betsey  was  very  chearful,  and 
friendly  as  usual,  she  promised  me  to  visit  you  early  in  the  spring, 
enquired  of  you  in  the  most  affectionate  manner — I  expect  Mr.  Harris' 
family  will  have  reached  you  before  this  line  does,  he  promised  me 
he  would  attend  strictly  to  the  business,  very  probably  they  will  have 
to  sell  their  boy  Dave,  he  was  still  run  away.  I  wrote  to  your 
father,  when  at  Franklin,  that  I  wanted  him  to  consult  with  you  about 
the  business  of  the  farm,  and  if  you  thought  it  best  to  hire  a  man 
to  make  a  crop,  this  I  want  you  to  think  of  and  do  as  you  and  him 
think  best, — I  fear  very  much  you  will  be  at  a  loss  to  keep  things  to- 
gether, it  is  a  task  I  never  thought  to  have  put  on  you,  but  the  nature 
of  things  as  they  have  turned  up  require  it,  and  I  know  you  have 
resolution  enough  to  do  anything.  A  soldier's  wife  will  shrink  at 
nothing — It  was  hard  that  I  was  confined  so  near  home  so  long  and 
not  able  to  see  you,  but  I  congratulate  myself  that  all  will  be  right 
one  day,  nothing  but  my  absence  from  you  and  our  sweet  little  Mary 
interferes  with  my  enjoyment,  I  enjoy  perfect  health,  strength,  and 
spirits, — I  hope  you  are  chearful  and  will  spend  your  time  in  social 

•Alexander  Donelson,  who  was  killed  at  the  battle  of  Emuckfau,  January,   1814. 


270  DOCUMENTS 


intercourse  with  your  friends  all  around  you — write  me  to  Natchez 
immediately  on  the  receipt  of  this,  get  Mr.  Herndon  to  enclose  your 
letter  in  one  from  him, — he  will  know  how  to  direct  it, — I  shall  not 
fail  to  write  when  an  opportunity  offers. 

5.  Chickasaw  Agency,  February  4,  1813. 

I  arrived  here  yesterday,  in  good  health  as  is  also  my  whole  Regi- 
ment. We  have  had  excessive  bad  weather,  constant  rains  and  snows, 
ever  since  we  left  Franklin,  the  roads  have  been  very  bad,  although 
we  have  got  on  very  well.  The  weather  is  now  very  fine,  and  I  hope 
it  will  remain  so.  We  are  now  one  hundred  miles  south  of  Colbert's 
ferry,  Tennessee  river,  in  the  heart  of  the  Indian  country,  The  In- 
dians are  remarkably  kind,  and  furnish  us  with  every  thing  they  have, 
We  do  very  well,  get  plenty  of  corn  and  fodder,  meat,  etc.  I  find 
we  shall  not  want  for  anything  while  passing  through  this  country — , 
Have  had  no  account  from  the  lower  country,  all  accounts  say  there 
is  no  appearance  of  an  enemy  there.  I  know  not  what  we  are  to 
do — perhaps  nothing — if  so,  the  easier  done,  I  have  not  heard  from 
any  of  my  friends  or  acquaintances  since  I  started,  Tell  Mr.  Eastin 
to  write  me,  I  shall  expect  to  receive  a  letter  from  you,  directed  to 
Natchez,  write  me  fully  on  any  business  that  may  have  occurred 
since  your  last, — but  more  particularly  how  you  and  little  Mary  are, 
can  she  talk  or  walk,  tell  me  all  about  her.  I  hope  by  next  spring, 
when  I  shall  again  return  to  my  dear  wife  and  child,  to  find  her  much 
grown  in  person  and  in  sprightlyness,  You  must  improve  her  all  you 
can  and  try  to  learn  her  to  talk.  I  hope  you  are  enjoying  yourself 
with  your  friends,  you  certainly  will  do  so, — were  I  to  hear  that  you 
had  secluded  yourself  it  would  give  me  great  uneasiness,  I  hope  my 
dear  you  will  be  particularly  happy  untill  I  return. 

6.  Cantonment  Washington,  six  miles  from  Natchez, 

February  21,  1813. 
I  arrived  at  this  place  on  the  16th  Instant,  after  a  journey  of 
four  weeks  from  the  day  I  left  Franklin,  during  which  time  I  have 
experienced  various  kinds  of  weather, — for  the  first  half  very  cold 
and  wet,  the  latter1  part  very  fine  and  the  roads  good, — General  Jack- 
son, with  his  Infantry,  landed  at  Natchez  the  same  day  I  got  to  this 
place  and  the  next  day  he  marched  them  all  here.  On  tomorrow  we 
shall  remove  from  this  about  one  mile  from  the  town,  where  we  shall 
encamp  in  the  woods,  and  wait  for  further  orders — It  is  very  prob- 
able we  shall  not  go  further  down  the  river  than  this,  as  there  are 
no  appearances  of  an  enemy  in  any  part  of  this  country.  General 
Wilkinson7  has  advised  General  Jackson  to  halt  here  supposing  this 
to  be  the  most  central  point  to  act  from,  whether  to  the  South,  East 
or  West,  which  appears  so  plausable  that  the  General  has  determined 
to  act  accordingly — I  espect  in  a  few  weeks  we  shall  know  our  desti- 
nation. Have  just  heard  of  the  defeat  of  General  Winchester,  hope 
it  is  not  as  bad  as  we  have  heard — the  Inhabitants  here  are  very 
hospitable,  they  treat  the  volunteers  with  the  greatest  attention  and 
kindness,  the  most  respectable  giving  dinings  et.  etc.  I  have  not 
had  it  in  my  power  to  see  any  of  our  friends  in  this  country  as  yet, 
I  passed  Mrs.  Cafferys8  (who  lives  5  miles  from  the  road)   before  I 

'Major-General  James  Wilkinson,  first  the  confederate  and  then  the  enemy  of 
Aaron  Burr.  At  this  time  he  was  at  New  Orleans  in  command  of  the  Southern  mili- 
tary district. 

•Mrs.  Caffery  was  a  sister  of  Mrs.  Andrew  Jackson.  She  married  Captain  John 
Caffery,  originally  from  Virginia.  It  is  probable  that  they  accompanied  her  father. 
Col.  John  Donelson,  in  the  "Adventure"  m  1780,  but  went  on  down  the  Mississippi 
and  settled  at  Natchez.  However,  it  is  known  that  Capt.  CafTery  lived  at  a  later  date 
in  Davidson  County  near  to  the  home  of  Capt  John  Donelson.  The  Cafferys  finally 
went  to  Louisiana.  ^  One  of  their  descendants,  Donelson  Caffery,  was  a  United  States 
Senator  froiri  Louisiana  twenty  years  ago. 


COFFEE    LETTERS  271 


knew  where  she  lived,  I  also  passed  Mr.  Green's9  without  going  near 
enough  to  call,  I  hear  all  are  well — 

My  dear,  I  have  not  had  the  pleasure  of  hearing  from  you  since 
I  left  Franklin.  I  had  expected  at  this  place  to  have  rec'd  a  letter, 
but  as  yet  am  disappointed,  hope  by  next  mail  I  shall, — time  goes  on 
slow,  notwithstanding  we  live  easy,  If  I  had  you  and  sweet  little 
Mary  with  me,  I  should  be  perfectly  happy,  How  does  she  come  on, 
say  something  about  her  in  your  next  line — I  feel  exceedingly  anxious 
to  hear  from  you,  lest  some  fatality  may  have  happened  to  you,  I 
knew  not  the  anxiety  I  should  feel  untill  I  have  experienced 
could  I  hear  often  from  you  it  would  afford  me  the  greatest  relief 
I  could  possibly  obtain  at  this  distance — therefore  hope  you'll  not 
omit  writing  me  at  least  once  in  two  weeks,  Until  I  advise  you  of 
my  removal,  direct  your  letters  to  Washington,  Mississippi  Territory 

What  has  become  of  Mr.  Harris's  family — have  they  moved  up? 
I  saw  sister  Polly10  and  the  girls  at  Columbia  who  told  me  they  would 
move  up  immediately,  expect  they  are  with  you,  they  were  then  all 
very  well,  do  write  me  how  they  are  situated  and  doing — I  wrote 
you  a  scrawl  from  the  Chickasaw  agency,  among  other  letters  I  was 
writing  on  business,  and  in  the  midst  of  hurry  and  bustle,  I  dont 
know  what  I  wrote,  or  thought  hardly,  as  my  mind  was  very  much 
engaged  on  the  business  of  my  Regt.  As  yet  I  have  been  fortunate, 
the  Indians  through  which  I  have  passed,  have  been  remarkably  kind. 
I  suffered  for  nothing  when  among  them,  they  fed  my  men  and  horses 
bountifully  and  showed  every  mark  of  respect,  to  us  they  could — 
I  have  enjoyed  excellent  health  myself,  and  the  men  also  under  my 
command — If  any  business  of  mine  should  have  occurred  since  my 
departure  from  home,  advise  thereof — I  shall  continue  to  write  you 
every  opportunity. 

P.  S.  22nd.  Last  night  we  had  snow  and  sleet — its  now  very 
cold,  more  so  than  usual,  and  now  packed  up  to  march  to  our  in- 
tended encampment — all  is  well — as  I  pass  through  town  shall  drop 
this  letter  in  the  post  office. 

7.       Camp  Jackson,  One  mile  from  Washington,  February  28,  1813. 

I  again  take  up  my  pen  to  write  you,  I  did  expect  to  have  heard 
from  you  by  last  mail,  but  have  been  disappointed.  We  are  encamped 
in  a  wood,  have  been  at  cantonment  near  Washington  and  at  this 
place  since  the  16th  Instant,  Removed  here  supposing  the  situation 
more  healthy  and  clean,  and  plenty  of  fuel,  Our  men  are  very 
healthy,  some  few  complaints,  but  all  are  mending.  My  Regiment 
enjoys  more  health  now  than  at  any  period  heretofore  since  embodied. 
Since  here,  have  had  some  very  cold  weather,  but  now  it  is  quite 
warm  and  pleasant,  though  am  astonished  to  find  gardening  so  late, 
very  few  have  done  anything  in  that  way 

As  to  our  future  movements  I  am  uninformed,  the  General  has 
not  received  orders  to  march  any  where  from  this  place,  and  we  can- 
not here  see  any  probable  prospects  of  an  enemy  in  any  part  of  this 
country.  Some  conjectures  that  we  may  be  ordered  to  Mobile  to  take 
possession  of  west  Florida.  Perhaps  it  may  so  turn  out,  as  we  return 
home.  I  cannot  think  we  shall  be  long  continued  here  without  gov- 
ernment adopts  some  more  energetic  measures, — seeing  no  prospects 
of  any  thing  to  do  increases  the  anxiety  to  return  home,     Under  a 

9Probably  Abner  Green,  a  son-in-law  of  Anthony  Hutchings  and  probably  a  relative 
of  Mrs.  Coffee.  Mrs.  Jackson  stayed  at  his  home  just  prior  to  her  marriage  to  General 
Jackson. 

10Mrs.   Simpson  Harris,  General  Coffee's  sister. 


272  DOCUMENTS 


hope  that  we  could  render  our  country  important  services,  we  con- 
sented to  the  sacrifice  of  leaving  our  homes,  our  families  and  all  our 
individual  interest,  but  in  that  hope  I  now  suppose  all  will  be  dis- 
appointed, and  instead  of  a  benefit  only  be  an  expense  to  our  Country 
— but  should  this  be  the  case  we  shall  console  ourselves  under  the  re- 
flection that  we  have  attended  the  call  of  our  country  and  would 
fondly  have  rendered  any  services  in  our  power — 

1st  March.  I  commenced  writing  last  evening,  since  when  the 
General  has  reed  letters  from  General  Wilkinson  at  New  Orleans,  who 
says  he  has  no  instructions  from  government,  which  keeps  us  still 
in  the  dark. — Have  been  here  13  days  and  within  five  miles  of  Natchez, 
have  not  yet  been  there,  shall  see  it  today  on  a  special  invitation  of 
my  old  friend  Mr.  W.  Jackson,  who  is  with  us  every  day.  The  citizens 
around  us  are  hospitable  and  devour,  our  time  is  rendered  as  agree- 
able as  under  such  circumstances  it  can  be — and  the  men  very  well 
contented — I  have  myself  enjoyed  good  health,  this  morning  weighed 
216  lbs  which  is  as  heavy  as  I  ever  was — General  Jackson  two  days 
past  has  been  somewhat  unwell  with  a  cold  though  getting  better 
since  being  bled — I  flatter  myself  I  shall  receive  a  line  from  you  by 
the  mail  which  arrives  early  tomorrow  morning — my  anxiety  is  great 
to  hear  from  you  and  Mary,  By  a  letter  from  your  Aunt  Jackson, 
to  the  General,  reed  by  last  mail,  she  says  you  were  well  which  is 
all  I  have  heard  since  I  left  Franklin — how  is  the  prospects  for  a 
crop,  our  little  farm  now  should  be  progressing.  Do  my  love  stimu- 
late the  boys  to  do  the  best  they  can.  I  cannot,  at  the  distance  I  am 
from  you,  pretend  to  dictate  whats  to  be  done,  but  industry  is  a 
requisite  that  cannot  be  dispensed  with  by  them — I  hope  my  dear 
you  will  not  neglect  writing  me  as  you  promised  when  I  parted  with 
you,  as  its  all  important  to  my  enjoyments  here,  to  know  how  you 
are  doing,  I  presume  you  may  write  me  to  this  place,  after  the  rect 
of  this  provided  you  do  it  immediately.     .     .     . 


8. 


Camp  Jackson,  March  8,  1813. 


Yours  of  the  18th  February  I  reed,  by  last  mail,  which  was  the 
first  information  I  had  received  of  you  since  I  left  Franklin  and 
which  afforded  my  mind  much  relief  to  hear  that  you  were  well,  and 
that  our  sweet  little  daughter  was  much  grown  and  doing  well  also,- 
we  are  at  the  same  place  as  when  I  wrote  you  last,  no  prospects  of 
going  further,  vague  reports  say  we  will  be  ordered  by  the  way  of 
Mobile  as  we  return,  to  take  possession  of  that  country, — this  is  un- 
certain, perhaps  we  may  have  to  pass  through  the  Creek  nation,  even 
that  is  uncertain,  although  they  have  committed  recent  murders,  which 
I  presume  you  have  the  particulars  of  more  correct  than  we  hav 


Last  night,  for  the  first  time,  Mr.  A.  Green  visited  us.  He  stayed 
with  me  all  night,  says  his  family  enjoys  bad  health,  has  lost  his 
two  only  daughters,  has  three  sons  left,  he  is  determined  to  move  to 
Tennessee  this  spring,  your  Aunt  Caffery  will  go  with  him,  she  is 
very  anxious  to  return  to  her  friends.  I  have  not  seen  her.  Mr. 
Knoxu  and  Polly  is  well,  and  will  I  suppose  also  move  if  the  others 
do.  Have  quite  an  easy  time,  live  in  camp,  have  only  been  once  to 
Natchez  and  then  stayed  only  two  hours.  I  find  my  tent  the  most 
comfortable  place  I  can  get.  I  enjoy  health  and  good  spirits,  as  do 
the  men  generally.  General  Jackson  was,  when  I  wrote  you  last,  in- 
disposed, he  has  got  quite  well — have  no  news  here  in  camp  or  in 
the  country  since  the  defeat  and  imprisonment  of  General  Winchester, 

"John  Knox,  who  married  Mary  (Polly)  Caffery,  daughter  of  Capt.  John  Caffery 
and  Mary  Donelson  Caffery.  He  was  a  son  of  Benjamin  Knox  and  a  cousin  of 
President  James  Knox  Polk. 


COFFEE    LETTERS  273 


I  would  to  God  we  had  been  with  him,  we  would  have  changed  the 
scene  with  those  rascals — I  expect  we  shall  have  to  go  there  yet  be- 
fore they  can  be  flogged — what  say  you,  had  we  not  better  pass  on 
through  Tennessee  and  Kentucky  to  their  aid — as  we  have  began  the 
campaign  had  we  not  better  go  there  to  end  it, — say  something  on 
this  subject  in  your  next,  but  I  know  you  are  such  a  soldier  you'll 
sanction  the  thing.  How  are  all  our  friends, — have  not  reed  a  line 
from  one  of  them — would  be  glad  to  hear  anything — I  dont  recollect 
whether  I  said  anything  in  my  last  about  Colonel  Purdy  and  Lady 
starting  on  to  Tennessee  they  left  here  8  days  past,  and  will  reach 
there  in  about  30  days.  Mrs.  Purdy  was  quite  well  and  perfectly 
recovered.     •     .     . 

I  was  very  sorry  to  learn  from  you  that  you  had  not  visited  your 
friends  in  Davidson,  on  the  18th  of  Feby.  Why  my  dear  are  you  so 
careless  about  your  parents,  or  all  others  of  your  relations?  It  would 
give  me  much  satisfaction  to  learn  you  enjoyed  yourself  with  your 
friends  when  I  was  absent — and  from  the  same  rule  of  reasoning  I 
suppose  you  have  not  seen  any  of  the  neighbors.  O,  my  love,  this 
won't  do, — go  the  rounds  and  ask  them  to  see  you,  and  that  will  keep 
you  alive — but  without  company  I  fear  you'll  forget  how  to  be  social — 
I  hope  when  I  hear  from  you  again  to  hear  all  about  the  neighbors 
and  friends  and  this  will  be  an  evidence  that  you  have  been  neigh- 
borly— write  me  again  to  this  place. 


9. 


Camp  Jackson,  March  15,  1813. 


By  Stockley  Hays12  last  evening  I  reed,  your  letter  of  the  20th 
Ult.  which  contained  the  pleasing  intelligence  that  you  and  our 
little  daughter  were  well,  and  that  the  latter  had  grown  finely,  all 
of  which  was  pleasing  information. — 

By  last  mail,  which  came  to  hand  yesterday,  we  received  orders 
from  the  War  department  to  return  home,  and  which  will  be  put  in 
execution  as  fast  as  possible,  we  are  now  all  in  a  bustle  making  ready 
for  our  march,  expect  to  start  in  4  or  5  days,  all  together,  Infantry 
and  Cavalry,  which  will  retard  our  movements,  Calculate  on  being 
one  month  on  the  road,  when  I  hope  to  have  the  pleasure  of  seeing 
you  at  home, — we  have  had  a  fatiguing  trip  and  as  things  have  turned 
out  will  be  for  nothing,  but  that  was  to  us  unknown,  Our  men  would 
have  gone  home  better  satisfied  could  they  have  had  one  stump  of  a 
fight,  but  perhaps  better  so  than  worse,  yet  I  flatter  myself  had  we 
been  put  to  the  test,  a  good  account  would  have  been  rendered  from 
the  Volunteers,  we  had  just  begun  to  learn  how  to  do  duty  when  we 
shall  be  discharged. — 

I  am  very  glad  to  hear  Mr.  Harris  has  hired  Billey  Boak13  as  I 
think  his  steadiness  will  do  something,  although  I  know  it  will  be 
slow — I  am  in  hopes  I  shall  be  at  home  myself  in  time  to  have  a 
crop  made, — do  direct  the  whole  of  the  land  prepared  for  a  crop,  and 
if  there  should  be  more  than  can  be  attended,  when  I  get  home  can 
have  it  brought  up,  and  thereby  we  can  make  a  crop, — nothing  here 
has  transpired  since  I  wrote  you  last, — I  enjoy  good  health,  as  does 
the  men  generally,  I  wish  you  would  send  word  to  Bery  Wilson's  and 
Henry  W.  Peak's  family  that  they  are  all  well  and  so  is  the  others  of 
their  friends,  and  all  in  good  spirits,  You  may  say  to  Miss  Charlotte 
that  the  Captain  has  just  applied  for  a  permit  to  leave  us  and  return 
home  in  great  haste,  but  it  cannot  be  granted,  therefore  she  may 

12Stockley  Donelson  Hays,  a  son  of  Col.  Robert  Hays  and  a  first  cousin  of  Mrs. 
Coffee. 

18Billey  Boak  was  an  overseer,  often  mentioned  by  General  Coffee  in  earlier  corre- 
spondence when  he  lived  at  Haysborough. 


274  DOCUMENTS 


expect  him  when  we  all  arrive.  As  I  mentioned  we  would  probably 
get  home  in  one  month,  it  may  be  a  few  days  longer  as  its  uncer- 
tain as  to  the  precise  time  of  starting,  but  we  will  certainly  be  off 
in  a  week  from  this  time.  ...  I  don't  expect  to  write  to  you 
again  untill  I  get  to  the  Chickasaw  agency  which  is  about  half  way 
home.     There  I  will  inform  you  of  our  movements — 

The  Creek  War,  1813-14. 

The  campaign  to  avenge  the  massacre  at  Fort  Minis  and 
drive  the  Creeks  out  of  the  present  State  of  Alabama  was 
waged  largely  by  Tennesseans.  The  call  from  the  South  was 
quickly  heeded  by  General  Jackson  and  his  militia.  The  place 
of  rendezvous  was  Pavetteville,  Tennessee.  Colonel  Coffee 
with  his  regiment  of  cavalry  and  mounted  gunmen  went  ahead 
and  reached  Huntsville  on  October  4,  1813.  On  the  tenth  they 
were  joined  by  Jackson  and  his  forces.  The  following  letters 
describe  the  movements  of  Coffee's  command  from  this  time. 
It  should  be  remembered  that  they  were  scant  of  supplies,  with 
vaguely  enlisted  men,  advancing  into  the  enemy's  country  in 
large  part  a  wilderness. 

10.  Camp  Batey  near  Huntsville,  [Date  not  given]. 

I  have  omitted  writing  you  untill  my  final  course  was  shaped.  I 
have  been  here  five  days  getting  things  ready  to  enter  the  Indian 
country.  Tomorrow  morning  I  shall  take  up  my  line  of  march,  shall 
go  from  this  to  Fort  Hampton  near  the  mouth  of  Elk  river,  from 
there  by  the  way  of  Colbert's  ferry  and  then  on  towards  fort  St. 
Stephens — our  first  place  of  destiny.  There  is  no  more  appearance 
of  Indians  doing  mischief  here  than  there  is  on  Stone's  river,  and 
the  best  informed  here  have  always  thought  so.  The  alarm  has  arisen 
from  the  poor  cowardly  creatures  that  have  run  off,  and  left  their 
all,  in  every  direction  and  without  knowing  for  what.  We  have  sent 
spies  over  the  river  that  have  been  seventy  miles  direct  into  the 
Indian  Country,  who  have  this  day  returned  and  say  that  there  is 
no  appearance  of  the  Indians  coming  this  way  at  all.  Seeing  the 
people  here  are  perfectly  secure,  I  shall  now  proceed  to  the  relief 
of  the  poor  suffering  people  on  the  Mobile.  George  Smith  and  Sandy 
with  twenty  men  has  gone  on  before  me  with  Col.  McKee,  an  Indian 
agent,  to  make  provisions  for  me  as  I  go  on.  I  have  under  my  com- 
mand upwards  of  thirteen  hundred  men  and  have  been  compelled  to 
turn  off  several  hundred  others  that  I  could  not  provide  for.  I  am 
sufficiently  strong  to  go  anywhere,  without  any  kind  of  danger,  and 
when  General  Jackson  comes  on  with  his  2500  men,  now  at  Fayette- 
ville,  we  shall  be  able  to  over  run  the  Creek  nation,  and  I  fear  we 
shall  never  see  an  Indian  for,  as  they  hear  of  our  strength,  they  will 
fly  before  us  and  never  risque  an  action.  If  men  flock  in  to  the  Gen- 
eral in  proportion  to  what  they  have  done  to  me,  he  will  have  an 
army  that  can  drive  the  Creek  nation  like  a  flock  of  bullocks,  and 
from  all  I  can  learn  they  will  and  more  too.     .     .     . 

11.  Camp  Coffee,  South  Side  Tennessee,  October  13,  1813. 

I  wrote  you  a  few  days  since  but  have  not  had  an  opportunity  of 
sending  it,  but  I  herewith  sent  it  you,  that  you  may  more  fully  un- 
derstand our  different  movements.  Here,  since  the  writing  of  that 
letter,  we  have  had  nlausable  intelligence  of  the  enemv  intending  to 


COFFEE   LETTERS  275 


come  against  Madison  County,  which  halted  me  here  untill  the  facts 
could  be  more  fully  ascertained.  Seeing  I  had  to  detain,  I  moved 
about  seven  hundred  of  my  men  over  the  Tennessee  River,  to  build 
a  small  fort,  and  encamped  at  this  place  which  is  two  miles  above 
Dittoe's  landing  on  the  south  of  the  river.  Soon  after  I  encamped, 
there  came  other  news  that  the  whole  Creek  Nation  was  moving  on 
this  way  in  one  body  and  would,  in  all  probability,  reach  us  the 
same  night.     After  we  received  the  information,  we  prepared,  and 

expected  an  attack,  and  continued  in  expectation  two  days  and 
nights,  when  Genl.  Jackson,  with  his  army,  arrived  and  joined  me 
which  was  yesterday.  We  are  now  out  of  any  apprehension  of  being 
attacked,  being  strong  enough  to  meet  the  enemy  anywhere  we  can 
find  them.  They  will  no  doubt  try  to  evade  a  meeting,  which  they 
can  easily  accomplish,  as  they  know  the  situation  of  the  country 
much  better  than  we  do.  The  Gen'l.  and  the  principal  part  of  his 
army  will  necessarily  detain  here  a  few  days  preparing  for  their 
further  march.  Tomorrow  I  shall  make  a  small  excursion  into  the 
adjoining  country  with  about  600  of  my  Regt,  and  return  and  move 
on  with  the  Genl.  The  East  Tennesseans  are  in  motion  and  we  will 
all  unite  before  we  enter  the  Creek  nation,  when  we  can  be  able  to 
drive  them  out  of  their  country  or  cut  them  off  if  they  attempt  to 
support  it.  Things  are  fixed  in  such  a  train  that  there  can  be  no 
doubt  of  the  success  of  the  campaign.  I  hope  and  flatter  myself 
that  it  will  be  a  short  one,  and  that  we  can  again  return  home  to 
our  families  and  friends.  The  last  I  heard  from  you  was  by  Stockley 
Hays,  who  said  he  understood  that  you  were  well.  I  do  not  know 
precisely  when  I  can  again  write  you,  neither  can  I  ask  you  to  write 
me  untill  I  can  direct  you  where  to  send  your  letters.  Captain  Ham- 
mond's company  is  going  with  us.  I  saw  Mr.  Harris  today.  He  is 
well  and  quite  pleased  with  the  jaunt.  He  asked  me  to  mention 
him  to  his  family  as  he  was  engaged  and  did  not  expect  to  write 
himself.  Your  brother  Jack  is  also  to  accompany  us.  Your  uncle 
Jackson  has  performed  the  journey  out  exceedingly  well  and  enjoys 
good  health,14  you  never  saw  him  in  finer  health  and  spirits  than  he 
now  shews.  I  enjoy  good  health  myself.  How  are  all  friends  at 
home,  and  how  comes  on  little  Mary  in  running  about  the  yard.  I 
hope  all  is  well. 

12.      Headquarters  24  miles  South  from  Ditto's  Landing, 

October  24th,  1813. 
I  have  this  moment  arrived  here  from  a  rout  into  the  Indian 
Country  of  ten  days,  have  been  to  the  Black  Warrior  Towns,  where 
Mrs.  Crawley  was  carried,  and  find  them  all  deserted  by  the  Indians- 
leaving  their  corn  and  some  other  plunder  behind.15  I  burnt  three 
towns  but  never  saw  an  Indian.  I  am  now  convinced  that  the  Indians 
will  never  meet  us  in  action,  all  our  fighting  will  be  scouting  parties, 
we  move  on  from  here  this  day  and  will  not  halt  again  untill  in  the 
heart  of  the  enemy's  country — our  spies  have  been  to  the  place  where 
the  Indians  were  said  to  be  imbodied  and  find  no  signs  of  their  ever 

14An  evidence  of  Jackson's  indomitable  spirit,  as  he  had  not  recovered  from  the 
wound  in  his  shoulder,  received  in  the  affray  with  Thomas  H.  Benton  September 
4,  1813. 

15The  chief  object  of  this  excursion  was  to  obtain  food.  Coffee  marched  two 
hundred  miles  in  ten  days,  burned  two  towns  and  obtained  three  hundred  bushels 
of  corn.     His  men  suffered  great  privations  on  their  return. 

"Jackson's  plan  of  campaign  provided  for  a  base  of  supplies  on  the  Tennessee 
at  its  southernmost  part,  a  military  road  thence  for  fifty  miles  to  the  Ten  Islands  on 
the  Coosa,  where  another  fortified  post  would  be  established  for  supplies,  and  thence 
down  the  Alabama  River  system  to  Fort  St.  Stephens,  always  destroying  such  armed 
bands  as  opposed  him  and  devastating  villages  as  he  went."  Bassett's  Life  of  Andrew 
Jackson,  p.   94. 


276  DOCUMENTS 


being  there — they  will  certainly  desert  their  country  before  u 
Capt.  Hammonds1'  and  Company  are  with  us.  Mr.  Harris  is  very 
well,  he  is  not  present  or  he  would  write,  and  Colonel  Hays17  now 
waits  for  me.  Your  brother  Jack  is  well — Sandy  and  Captain  Geo. 
Smith1*  have  not  returned  from  their  tour  with  Colonel  McKe 
I  have  just  reed,  by  Colonel  Hays,  a  letter  from  your  father  saying 
that  you  and  Mary  were  well, — how  are  the  rest  of  our  friends.  I 
hope  all  is  well — I  suppose  you  will  have  no  opportunity  to  write 
which  I  regret  very  much — let  me  beg  of  you  to  be  of  good  cheer 
as  I  assure  you  we  are  not  in  any  particular  danger  here.  I  know 
you  are  a  philosopher,  and  now  is  the  time  to  exercise  it,  and  I  know 
you  will  do  it — 


13.  Camp  Brown,  30  miles  from  Ditto's  Landing,19 

October  25,  1813. 

I  wrote  you  yesterday  by  Colonel  Hays  from  General  Jackson's 
camp  10  miles  below  this  where  I  mentioned  to  you  that  I  had  just 
returned  from  a  tour  in  the  interior  of  the  enemies  country.  The 
General  has  gone  on  with  his  army  and  I  will  follow  him  tomorrow, 
and  join  in  the  evening,  when  we  will  keep  all  together  untill  we 
reach  the  heart  of  the  Creek  country,  to  the  end,  if  any  engagement 
should  take  place,  our  forces  should  all  be  present  to  act  together, 
in  which  event  there  will  be  certainty  of  success — I  expect  the  East 
Tennessee  troops  will  join  us  before  we  get  to  the  Creek  country  which 
will  strengthen  us — after  writing  you  yesterday,  Colonel  Hays  de- 
tained, untill  I  wrote  your  father.  By  the  Colonel  I  reed  a  letter 
from  him  wherein  he  mentioned  news  having  reached  you  of  Major 
Gibsons  being  killed, — the  report  is  false — there  has  not  been  a  gun 
fired,  by  either  an  Indian  or  white  man,  at  each  other  of  our  army, 
and  I  am  doubtful  but  few  will  be  fired.  The  Indians  gives  up  their 
country  before  us  as  we  approach,  so  far  as  we  have  yet  been,  and 
I  think  that  will  continue  to  be  the  case, — yesterday  I  reed  letters 
from  Captain  Geo.  Smith  and  Colonel  McKee  in  the  Choctaw  country, 
who  had  gone  on  expecting  me  to  follow — they  state  that  the  Indians 
had  fled  from  that  part  and  had  all  gone  to  the  centre  of  their 
country,  from  where  they  will  move  down,  no  doubt,  to  Pensacola, 
to  their  friends  and  allys,  the  Spaniards  and  British — I  expect  that 
I  shall  have  frequent  opportunities  of  writing  to  you  after  this,  by 
a  chain  of  deposits,  that  will  be  established  by  the  army,  as  we  go 
on  and  by  expresses  kept  up  from  there  to  the  army.    .     .     . 

14 .  Ten  Islands,  Coosey  River,  November  4th,  1813. 

I  have  again  an  opportunity  to  write  you  a  line, — we  are  progress- 
ing into  the  Indian  country  as  fast  as  we  can  get  provisions,  and  a 
very  few  days  more  will  bring  up  the  East  Tennessee  troops  when 
tl  e  whole  will  move  on  together — I  have  a  small  scirmish20  with  the 

1,lCaptain  Eli  Hammond,  the  Indian  fighter,  who  was  in  the  Nickajack  expedition 
of   1794. 

17Col.  Robert  Hays,  who  married  Jane  Donelson,  sister  of  Mrs.  Rachel  Jackson. 

a,A  son  of  General  Daniel  Smith.  George  Smith  married  Tabitha  Donelson, 
daughter  of  Capt.  John  Donelson. 

^Ditto's  Landing  was  on  the  Tennessee  River  a  few  miles  southwest  of  Huntsville, 
Alabama.  It  was  named  for  John  Ditto,  who  traded  with  the  Indians  and  had  an 
early  post  there. 

*°This  was  the  battle  of  Tallusha tehee,  thirteen  miles  east  of  Fort  Strother  on  the 
Coosa.  This  was  an  Indian  village,  and  Coffee  (now  a  brigadier-general))  was  sent  to 
destroy  it.  The  Indian  force  was  annihilated.  It  was  greatly  outnumbered  by  the 
Tennesseans  and  neither  side  asked  for  quarter.  Coffee  lost  five  killed  and  forty-one 
wounded.  The  battle  inspired  the  army  with  confidence.  General  William  Carroll 
said:     "After  Tallushatchee  we  had  tlie  measure  of  the  Creeks.     All  apprehension  was 


» 


COFFEE    LETTERS  277 


Indians  and  a  part  of  my  Brigade,  where  we  killed  two  hundred  and 
took  eighty  prisoners,  the  particulars  of  which  I  have  this  day  written 
to  Captain  Parks,  and  who  will  send  it  to  you,  for  your  information — 

The  die  is  now  cast  and  I  dont  expect  after  this  the  enemy  will 
ever  meet  us, — they  have  no  kind  of  chance — our  men  will  drive 
them  where  ever  they  find  them — we  shall  build  a  fort  at  this  place, 
for  a  deposit  of  provisions  and  to  leave  the  wounded  men  in. — The 
only  man  killed  of  my  party  that  you  have  any  knowledge  is  young 
Thomas  Hudson,  son  of  Mr.  Hudson  at  Haysborough,  he  was  killed 
with  an  arrow — our  loss  is  so  small,  when  compared  with  that  of  the 
enemy,  that  it  is  not  felt  here.  Our  men  are  in  excellent  spirits — we 
shall  very  soon  finish  the  work  of  destruction  of  those  wretches  and 
return  home,  which  time  will  afford  me  the  greatest  pleasure  on  earth, 
but  notwithstanding  my  inclination  to  be  at  home  I  cheerfully  yield 
it  to  duty,  untill  the  work  is  completed — supported  with  the  impres- 
sions that  you  will,  in  like  manner,  submit  cheerfully  to  the  momen- 
tary privations  of  our  social  happiness  untill  I  again  return  to  you 


15.      Headquarters  Camp  Strother,  Ten  Islands,  Coosey  River, 

November  12,  1813. 

Last  night  we  returned  to  this  place  after  having  advanced  thirty 
miles  south  of  this  towards  the  enemy  where  we  had  a  battle  at 
Talladega  Creek.21  Our  party  consisted  of  2000  men,  commanded  by 
Gen'l.  Jackson  in  person,  the  enemy  were  a  little  upwards  of  1000 
chosen  warriors,  sent  on  to  meet  us  and  intercept  our  march.  By  the 
friendly  party  we  were  advised  of  their  approach  and  position,  which 
enabled  us  by  forced  marching,  night  and  day,  with  our  detachment, 
to  meet  them  thirty  miles  in  advance  of  our  main  army.  We  met 
them  in  the  morning  early,  when  we  surrounded  them  and  in  a  few 
minutes  put  the  whole  to  flight,  having  killed  300  of  their  best  war- 
riors on  the  ground  and  the  most  of  the  balance  were  wounded. 
Thus  the  two  first  chosen  sets  of  our  enemy  have  been  completely 
cut  off  and  destroyed.  We  have  in  the  two  battles,  one  on  the  3rd, 
and  the  other  on  the  9th  instant,  killed  500  of  the  warriors,  and 
wounded  at  least  as  many  others  besides  upwards  of  100  prisoners 
of  their  families  now  in  our  possession.  In  the  first  battle  I  lost 
five  men  killed  and  forty  some  odd  wounded;  in  the  latter  battle  we 
lost  15  men  killed  and  eighty  five  or  six  wounded,  the  most  slightly. 
Upon  the  whole  calculation  we  shall  not  lose  more  than  30  men  killed 
in  both  battles, — whereas  the  enemy  on  as  fair  calculation  will  have 
lost  600  killed,  counting  on  such  as  must  die  of  their  wounds.  Al- 
though we  regret  the  loss  of  our  brave  fellows  yet  the  great  dis- 

dispelled.  Every  man  in  Jackson's  army  was  serenely  confident  that  contact  with 
them  meant  victory  for  us,  under  any  conditions.  The  brightest  spot  in  the  history 
of  that  campaign  is  the  setting  of  its  pace  by  John  Coffee  and  his  mounted  riflemen  of 
Tennessee  at  Tallushatchee!"  Buell's  Life  of  Jackson,  p.  305.  On  October  30  Coffee 
was  placed  by  General  Jackson  in  command  of  a  new  brigade  composed  of  his  own 
regiment  of  cavalry,  now  commanded  by  Col.  John  Alcorn,  and  a  regiment  of 
mounted  gunmen  commanded  by  Col.    (afterward  governor)   Newton  Cannon. 

21Talladega  was  a  friendly  Indian  village,  but  it  was  completely  surrounded  by- 
more  than  1,000  hostiles.  On  November  7,  181 3,  a  friendly  chief  who  had  escaped 
disguised  in  the  skin  of  a  hog,  reached  Fort  Strother  and  requested  speedy  help.  On 
November  9  Jackson  drew  up  his  army  before  Talladega  in  a  crescent,  with  the  points- 
thrown  forward.  Coffee's  mounted  riflemen  held  the  flanks,  divided  into  two  parts. 
Nearly  700  Indians  escaped  through  a  gap  between  the  cavalry  and  infantry  and  lived 
to  fight  at  Tohopeka.  Talladega  ended  all  chance  for  the  Indians  to  invade  the  Ten- 
nessee settlements.  ^  For  the  next  two  months  Jackson  had  to  remain  at  Fort  Strother 
to  deal  with  mutinies  based  on  claims  of  termination  of  enlistment,  lack  of  supplies, 
and  the  need  of  an  almost  new  army.  All  but  one  hundred  of  Coffee's  men  returned 
home.  After  a  new  recruiting  campaign  the  army  was  made  over  so  as  to  take  the 
field. 


278  DOCUMENTS 


proportion  is  beyond  the  most  sanguine  calculations  on  our  part. 
We  only  want  supplies  to  enable  us  to  finish  the  campaign  in  three 
weeks.  We  will  wait  here  untill  we  get  them  which  it  is  supposed 
will  be  in  a  week  from  this  time  when  we  will  advance  forward  and 
not  stop  untill  we  reach  the  Georgia  army  in  the  Creek  nation,  which 
will  be  easily  done.  And  when  done,  our  work  will  be  completed  and 
we  can  then  return  home  where  I  hope  we  can  remain  in  quiet  with 
our  families  and  friends  and  not  be  called  on  again  during  the  present 
war. 

Thus,  my  dear,  I  think  the  time  is  not  very  distant  when  I  shall 
be  with  you  at  home  and  there  permitted  to  remain.  A  communica- 
tion is  now  opened  from  Huntsville  to  this  place,  by  whom  you  can 
write  which  I  hope  you  will  do.     Direct  your  letter  to  me  in  Gen'L 

Jackson's  army,  Huntsville,  M.  T. — from  where  it  will  be  forwarded 
to  me. 

I  hope  nothing  is  materially  suffering  for  my  presence  at  home, 
notwithstanding  I  feel  uneasy  lest  there  should  be, — let  me  know 
anything  of  the  kind  by  letter.  My  love,  be  not  uneasy  as  to  my 
safety,  there  is  not  the  danger  here  that  may  be  supposed  by  you. 
I  assure  you  we  feel  no  kind  of  danger,  as  our  force  is  beyond  all 
doubt  superior  to  that  of  the  enemy — both  in  number  and  in  quality. 

Sandy*2  and  Jackey23  and  Mr.  Harris  are  with  me.  All  are  well 
and  ask  to  be  recommended  to  you.  Mr.  Harris,  wishes  his  family  to 
be  informed  that  he  is  well  and  doing  very  well.  He  will  write  by 
the  next  express.  How  is  our  dear  little  Mary,  and  yourself.  I  have 
not  heard  from  you  now  God  knows  when. 


16. 


Huntsville,  December  19,  1813. 


I  have  been  confined  at  this  place  by  the  complaints  I  laboured 
under  when  I  left  home,  having  increased  to  a  very  aggravated  state 
since  the  11th  inst.  I  am  now  much  amended,  so  as  I  think  I  can 
leave  this  tomorrow  or  next  day  and  proceed  on  my  march. 

Great  discontent  hath  prevailed  in  all  our  camps,  men  in  all 
directions  deserting,  some  going  off  in  companies,  etc.,  etc.,  etc.,  etc. 
I  apprehend  before  I  reach  Genl.  Jackson  he  will  have  been  compelled 
to  yield  to  the  multitude  and  all  be  compelled  to  return,  but  this  will 
be  his  last  resort,  and  I  hope  may  not  be  the  case,  yet  I  fear  it.  Genl. 
Hall's  Brigade  has  already  left  him,  thus  we  are  clear  of  the  Scotch 
Irish  in  that  quarter.  My  Brigade  are  ordered  to  halt  (since  I 
marched  them)  at  Fort  Deposit  and  there  wait  for  further  orders. 
When  I  shall  be  called  on  to  march  I  cannot  say,  perhaps  in  a  few 
days.  I  have  now  no  expectation  of  any  fighting  being  done  this 
campaign.  There  must  be  an  additional  force  here  before  anything 
can  be  done  effectual.     .     .     . 


17. 


Huntsville,  December  27,  1813. 


I  wrote  you  some  days  since  from  this  place  by  Mr.  Harris,  which 
I  presume  you  have  rec'd  before  this.  In  that  I  mentioned  I  had 
been  indisposed,  but  was  recovering.  I  now  have  the  pleasure  to  in- 
form you  that  I  am  perfectly  restored  to  health.  Yesterday  I  rode 
to  the  River,  distant  ten  miles,  and  today  I  rode  back  again  without 
any  inconvenience,  in  a  few  days  I  shall  be  as  strong  as  usual. 

Our  camps  have  been  in  great  confusion  here  for  some  time  nast 
ver  since  my  return  last  from  home.  The  whole  of  Genl.  Hall's 
Brigade  of  Infantry  volunteers  have  returned  home  and  nearly  the 
whole  of  my  Brigade  has  and  will  return.     Tomorrow  morning  will 

^Alexander   Donelson.   brother   of   Mrs.    Coffee.      He   was   killed   at    Emuckfau. 
MJohn  Donelson,  son  of  Captain  John  Donelson  and  brother  of  Alexander  Donelson. 


COFFEE   LETTERS  270 


divide  the  sheep  from  the  goats,  and  all  who  are  not  willing  to  go  on 
will  return  home.  After  that  I  promise  myself  some  satisfaction, 
being  clear  of  the  uneasy  and  discontented  in  camp  the  remainder 
will  go  on  in  quiet.  My  Brigade  will  be  kept  up  by  the  new  troops 
that  came  on  with  me,  those  with  Col.  Carrol,  and  one  Battalion  of 
Madison  County  troops,  added  to  Captain  Hammond's  Company  of 
Rangers.  I  am  ordered  by  Genl.  Jackson  to  remain  here  untill  sup- 
plies of  provisions  are  carried  on  before  me,  when  I  am  to  follow. 
I  expect  to  leave  this  place  with  the  mounted  men  in  4  or  5  days 
and  when  we  reach  Genl.  Jackson  the  army  will  all  move  on  to- 
gether without  delay  untill  we  unite  with  the  Georgia  army  at  the 
forks  of  the  River  below  us,  which  is  80  or  90  miles  distant.  The 
Georgia  army  has  had  a  battle  with  the  Indians24  and  have  defeated 
them,  having  killed  200  Indians  with  very  little  loss  on  our  part 
All  of  which  discourages  the  Indians,  seeing  they  cannot  stand  us  a 
fight  at  any  place,  it's  possible  they  may  give  us  one  more  battle  but 
that  is  quite  uncertain.  We  have  but  little  to  dread  from  them. 
When  we  reach  the  Georgia  army  all  will  be  completed.  As  to  a  gen- 
eral battle  we  shall  have  nothing  but  skirmishing,  and  hunting  them 
up  in  the  forests,  etc.,  etc. 

I  flatter  myself  that  all  the  attempts  of  the  refractory  part  of  our 
army  to  destroy  the  credit  of  the  army  and  the  objects  of  the  cam- 
paign, will  be  baffled  by  the  patriotism  of  our  citizens  at  home.  I 
cannot  bring  myself  to  believe  the  friends  of  those  who  return  in 
disgrace  will  receive  them  unfriendly,  .  .  .  but  will  rather  con- 
demn their  conduct.  If  my  conjectures  are  right,  so  soon  as  it  reaches 
camp  the  spirit  will  die  here  and  all  will  be  content.  Capt.  Geo. 
Smith  has  promised  me  he  will  call  and  see  you,  he  can  tell  you  all 
the  news  here.  I  hear  from  Genl.  Jackson  every  day;  he  is  in  good 
health  and  spirits.     .     .     . 


18. 


Huntsville,  January  3,  1814. 


I  am  yet  confined  at  this  loathsome  place,  awaiting  orders  to 
march.  As  fast  as  one  difficulty  is  removed  another  presents  itself. 
1  am  not  yet  certain  if  we  shall  be  able  to  move  on  untill  we  get  an 
additional  army.  I  this  day  Reed,  a  letter  from  Genl.  Jackson  dated 
the  31st,  Dec,  he  is  endeavoring  to  make  one  quick  movement,  but  is 
even  doubtful  if  he  can  or  not  raise  men  enough.  Col.  Carroll  is  now 
gone  to  see  him  and  will  return  tomorrow,  when  I  expect  a  final  de- 
cision. If  we  move  it  will  be  in  four  days  from  this  time.  Whether 
the  army  makes  a  move  or  not  I  must  go  on  to  the  Ten  Islands  to 
headquarters.  I  never  can  think  of  bearing  any  part  of  the  disgrace 
that  will  attach  to  our  disorderly  army.  Notwithstanding  the  great 
exertions  of  our  enemys  to  the  contrary,  I  have  no  doubts  but  you 
hear  a  great  deal  of  stuff  about  Tyranny,  etc.,  etc.,  but  you  need 
not  be  uneasy,  all  will  very  soon  be  put  in  a  proper  point  of  view, 
the  disgrace  will  fall  on  the  proper  objects  and  those  calumniators 
will  discover  to  their  great  mortification  that  they  will  have  to  bear 
the  burthen  of  their  own  sins.  Your  brother  Jack,  who  bears  this, 
can  give  you  all  the  news  here.  I  shall  expect  you  to  write  me,  by 
him,  fully  your  mind  on  every  and  all  subjects,  and  business,  etc. 

I  am  now  in  good  health,  after  lying  up  a  considerable  time.  I 
hope,  my  dear,  you  and  our  sweet  little  Mary  are  well,  and  enjoying 
yourself.     Make  my  respects  to  my  friends.     Jackey  waits  while  I 

write. 

24Probably  the  battle  of  Autosee,  on  the  lower  Tallapoosa  River,  November  29, 
1 81 3.     General  Floyd  defeated  the  Indains  with  a  force  of  Georgia  militia. 


280  DOCUMENTS 


in* 


19.  Huntsville,  January  8,  1814. 

I  shall  leave  here  tomorrow  for  Fort  Strother,  Sandy  has  this 
ment  gone  on  before  me.  I  am  more  at  ease  than  I  have  been 
since  in  the  army,  my  Brigade  having  left  the  service  except  a  few 
individuals  of  the  officers  and  men,  who  remain  in  service.  Several 
companies  are  expected  out  shortly,  to  join  again,  of  my  old  brigade. 
Untill  then  I  shall  have  very  little  to  do,  yet  I  will  not  leave  my  post. 
Let  others  do  what  they  may  it  shall  never  induce  me  to  do  an  act 
that  will  reflect  on  me  when  enquired  into.  All  those  who  have  left 
the  service  will  one  day  see  their  error  notwithstanding  their  clamour 
now.  Violent  exertions  are  making  to  injure  Genl.  J.  and  all  the 
officers  that  support  him,  but  all  will  be  in  vain, — on  enquiry  he 
will  be  found  correct  and  his  enemies  will  be  seen  in  their  proper 
colours.  I  am  not  certain  whether  we  shall  make  a  movement  untill 
we  get  an  additional  reinforcement.  Genl.  Pinkney,  who  commands 
the  whole  southern  army,  has  ordered  Gov.  Blount  to  send  out  men 
and  keep  the  ranks  filled,  and  he  has  also  ordered  Col.  Williams's 
Regt.  of  regulars  to  march  out  immediately  and  join  Genl.  Jackson. 
The  Gov.  will  now  begin  to  see  he  must  act,  and  arouse  from  his 
lethargy.  I  don't  believe  anything  will  be  done  untill  this  reinforce- 
ment is  received.  We  shall  have  no  force  here,  untill  they  come  on, 
but  the  new  volunteers,  mounted  men  from  Tennessee  and  Madison, 
not  more  than  900  in  number  or  thereabouts.  They  are  very  clamor- 
ous and  I  fear  will  not  do  much  good,  they  are  now  crossing  the 
river,  under  Col.  Carroll's  direction.  It  snows  and  rains  today  and 
the  prospects  gloomy  and  I  fear  they  will  not  withstand  the  weather, 
orders,  etc.,  etc.  I  have  lost  all  my  horses,  have  sent  men  to  hunt 
them.  If  they  should  go  home  and  the  men  come  after  them,  send  my 
saddle  horse  and  the  little  sorrel,  but  keep  your  horse  at  home,  I 
will  have  enough  without  him.  If  no  person  comes  after  them  and 
they  get  home  get  Mr.  Harris,  if  he  comes  out,  to  bring  them  with 
him,  if  he  has  to  hire  some  person  to  assist  him, — he  will  find  a  num- 
ber of  persons  coming  out.  Say  to  Mr.  Harris  that  as  soon  as  he  is 
able  he  must  by  all  means  come  out  and  join  his  company.  There 
will  be  an  inquiry  into  the  conduct  of  that  company  and  he  must 
not  be  wanting  in  his  duty,  he  must  come  the  very  moment  he  is  able. 

I  wrote  you  by  Capt.  Smith,  and  also  by  Jack  D.,  both  of  which 
I  expect  you  have  reed.  Nothing  of  consequence  has  since  occurred. 
I  am  now  perfectly  recovered  from  my  late  illness  and  quite  able 
to  stand  fatigue.  I  hope,  when  we  get  our  forces  all  together,  very 
soon,  to  give  the  final  blow,  when  we  shall  be  able  to  quit  the  field 
and  resume  the  life  of  citizen,  which  time  I  look  for  with  anxious 
solicitude,  when  I  will  be  clear  of  the  bustle  and  clamour  of  men 
hunting  popularity,  and  sit  down  in  pleasure  at  home  in  private 
life.     I  am  worn  out  with  company.     .     .     . 


20. 


Fort  Strother,  January  30,  1914. 


Before  this  reaches  you,  no  doubt  you  will  have  heard  of  one 
other  excursion  we  have  had  in  the  enemies'  country, — we  returned 
to  this  place  on  the  27th,  after  a  tour  of  ten  days, — we  advanced 
70  miles  below  this,  and  on  the  22nd  and  24th  of  this  month  we  had 
four  different  engagements  with  the  enemy,  in  all  of  which  we  killed 
upwards  of  200  of  the  Indians, — we  lost  18  men  killed  dead  and 
about  seventy  wounded — I  reed,  a  wound  myself  in  my  right  side  but 
not  dangerous — and  your  Brother  Sandy25  is  no  more,  a  few  minutes 

"Alexander  Donelson,  who  was  killed  in  the  battle  of  Emuckfau,  January  21 ,  18 14. 
The  battles  of  Emuckfau  and  Enotachopco  were  at  this  time  fought  in  rapid  succes- 
sion.    The  Indians  had  concentrated  between'  Emuckfau  Creek  and  Tallapoosa  River 


COFFEE   LETTERS  281 


after  I  was  wounded,  he  was  shot  through  the  head,  and  fell.  He 
lived  about  three  hours,  but  never  spoke,  nor  do  I  believe  he  was  sen- 
sible of  his  pain — a  braver  man  never  was,  and  he  has  left  an  untar- 
nished reputation,  and  I  hope  is  happy,  clear  of  the  bustle  of  this 
world — 

Jackey  had  just  reached  us  the  night  before  the  first  battle, 
he  has  escaped  unhurt — Mr.  Harris  not  being  very  well  was  halted 
at  Huntsville  and  I  have  not,  as  yet,  seen  him,  I  hear  he  has  got 
well — I  expect  to  start  home  some  time  today,  and  will  travel  slowly, 
it  will  be  8  or  ten  days  before  I  get  home  as  my  wound  is  somewhat 
sore,  but  not  painful  or  by  any  means  dangerous — I  shall  omit  giv- 
ing you  any  particulars  untill  I  see  you,  when  I  hope  to  find  you  and 
our  little  daughter  in  health — my  respects  to  all  friends — 


21. 


Fayetteville,  March  5,  1814. 


I  reached  this  place  this  evening,  the  roads  excessively  bad  and 
weather  cold,  snow,  etc.,  but  all  well.26  This  day  I  met  Christopher 
Hutchings27  express  from  Genl.  Jackson  bearing  letters  to  Nash- 
ville, and  elsewhere.  The  Genl.  sent  me  enclosed  the  copy  of  a 
letter  that  he  has  received  from  Genl.  Pinckney,  which  speaks  in 
very  flattering  terms  of  our  conduct,  as  well  also  does  the  Secretary 
of  war.  This  will  kill  our  enemies  dead  when  they  see  that  all  their 
lying  and  abuse  will  not  turn  our  government  against  us,  but,  on 
the   contrary,   they   speak   in    the   highest  terms   of   approbation.      I 

would  send  you  a  copy  of  Genl.  Pinckney's  letter,  but  it  is  lengthy 
and  it  is  now  late  and  I  must  send  the  original  on  so  as  to  reach 
Nashville,  where  I  presume  that  and  the  letter  of  the  secretary  of 
war  will  be  published,  when  you  will  see  them  both.  If  you  should 
see  Mr.  Casedy28  or  Doctor  Bedford  ask  them  to  call  on  Wm.  B. 
Lewis  and  see  those  documents,  I  know  they  will  be  pleased  with 
them.  Genl.  Jackson  urges  me  to  come  on  and  join  him  and  we  will 
very  soon  finish  the  campaign,  which  I  hope  to  see  realized  in  less 
than  two  months,  when  I  shall  be  able,  with  propriety,  to  return  and 
sit  down  in  ease,  which  will  be  the  greatest  pleasure  to  me  on  this 
earth.     I  will  again  write  you  from  Huntsville. 


22. 


Huntsville,  March  9,  1814. 


I  have  been  at  this  place  ever  since  the  evening  of  the  6th  In- 
stant, detained  by  the  very  great  fall  of  rain  for  two  days  last  past, 
the  waters  are  very  high  and  the  army  in  its  movements  will  be  much 
retarded.  Genl.  Johnston  with  his  Brigade  is  now  at  Fort  Deposit 
crossing  the  Tennessee  River,  and  will  progress  as  fast  as  the  waters 
will  permit  them.  I  have  not  heard  from  Col  Dyer  and  his  detach- 
ment since  here  officially, — report  says  that  they  are  waiting  at  the 
Tennessee  (Deposit)  for  further  orders  from  Genl.  Jackson  before 
they  start  on  to  the  Cahaba,  the  place  that  he  was  ordered  to  scour 
before  he  left  home.  His  delay  I  am  f earf ull  *will  occasion  a  tradiness 
in  the  movement  of  the  whole  army.    However  we  cannot  go  on  untill 

in  order  to  attack  Fort  Armstrong.  In  these  engagements  the  Indians  were  beaten,  but 
not  demoralized,  and  Jackson's  army,  for  lack  of  supplies,  returned  to  Fort  Strother 
on  January  27.  At  Emuckfau  General  Coffee  led  the  main  charge  with  fifty-four  of 
his  own  men  and  two  hundred  friendly  Indians.     General  Coffee  himself  was  wounded. 

2CGeneral  Coffee  had  evidently  made  a  visit  home  in  order  to  recover  from  his 
wound. 

^Christopher  Hutchings  was  a  brother  of  John  Hutchings,  the  mercantile  partner 
of  Jackson.  He  was  a  son  of  Col.  Thomas  Hutchings,  who  married  Catherine  Donel- 
son,  a  sister  of  Mrs.  Jackson. 

^Charles  Cassedy  was  for  many  years  the  confidential  friend  and  secretary  of 
General  James  Winchester.  He  was  a  writer  for  the  newspapers  of  the  day  in  Middle 
Tennessee. 


282  DOCUMENTS 


all  the  troops  and  a  sufficiency  of  provisions  are  up  and  at  head- 
quarters, and  a  number  of  waggons  are  now  in  this  county  on  their 
way  to  aid  in  transporting  provisions,  which  will  render  it  impossible 
to  leave  Ten  Islands  under  eight  or  ten  days  from  this  time.  I  shall 
leave  here  tomorrow  and  will  proceed  to  headquarters,  from  which 
place  I  will  again  write  you.  i  wrote  you  from  Fayetteville  which 
1  presume  you  will  have  received  ere  you  receive  this.  I  there  men- 
tioned to  you  the  high  approbation  our  conduct  in  the  late  excursion 
had  met  Genl.  Pinckney,  and  referred  you  to  the  papers  of  Nashville 
for  its  contents,  that  together  with  the  secretary  of  War's  letters 
of  approbation  will  completely  set  aside  our  false  calumniators  and 
lay  them  at  rest. 

23.  Fort  Deposit*  March  12,  1814. 

I  progress  very  slow  indeed,  everything  here  moves  very  tardily 
owing  to  the  very  high  waters  of  late.  I  reached  this  place  last  even- 
ing and  will  leave  it  this  evening  or  early  tomorrow,  shall  get  to 
head  quarters  in  good  time  to  march  with  the  army  that  is  collect- 
ing very  slowly.  Genl.  Johnston  is  still  in  my  advance,  he  left  here 
yesterday  morning.  We  learn  that  considerable  difficulties  are  thrown 
in  the  way  of  the  East  Tennessee  troops  by  Genl.  Cocke,  I  hope  not 
as  bad  as  reports  say.  We  have  nothing  here  new,  I  refer  you  to 
Col.  Hays  and  Lemuel^  for  the  passing  times. 

One  thing  I  can  say  to  you  I  believe  to  certainty,  that  there  will 
not  be  a  campaign  sent  to  the  Floridas  (Pensacola)  so  that  we  may 
be  certain  of  returning  home  when  we  end  the  Creek  campaign, 
which  we  think  will  end  in  two  months,  at  which  time  I  hope  to  have 
the  pleasure  of  seeing  you  and  Mary.     ... 


24. 


Fort  Williams,  April  1,  1814. 


I  have  to  announce  to  you  one  other  victory  obtained  over  our 
enemy,  at  the  same  bend  of  the  Tallapoosey,81  near  where  we  fought 
our  last  battles.  We  attacked  the  enemy,  on  the  27th  of  last  month, 
the  enemy  were  about  one  thousand  in  number,  enforted  in  a  bend 
of  the  river,  with  very  strong  works.  I  crossed  the  river  with  700 
mounted  men  and  600  Indians  and  took  possession  of  the  other  bank 
to  prevent  them  swimming  over  the  river  and  escaping — all  was 
executed  well,  the  enemy  fought  with  their  usual  desperation  but  we 
overpowered  them,  and  after  cannonading  them  about  two  hours,  we 
charged  their  works  by  storm,  and  put  the  whole  to  death  but  a  few 
that  hid  under  the  banks  of  the  river, — the  slaughter  was  great. 
We  counted  557  dead  bodies  on  the  ground  besides  about  300  that 

^Fort  Deposit  stood  at  the  head  of  the  Tennessee,  the  last  point  on  the  river 
before  the  march  into  the  enemy's  country.  .  By  this  time  the  Cteeks  were  in  desperate 
straits.  Over  1,000  of  their  warriors  had  been  slain,  all  their  towns  in  the  Coosa 
Valley  destroyed,  and  the  tribe  was  dispersed.  The  remnant,  however,  rallied  and 
made  their  last  stand  at  Horseshoe  Bend.  On  March  16,  1814,  General  Jackson  started 
with  his  force  from  Fort  Strother  in  boats  down  the  Coosa.  After  building  Fort 
Williams  at  the  mouth  of  Cedar  Creek  and  leaving  there  a  garrison  of  about  400,  he 
had  left  2,400  men.  of  whom  General  Coffee's  mounted  rifles  numbered  900.  At  Fort 
Williams  General  Jackson  learned  that  about  1,000  Indians,  under  Weatherford,  were 
concentrating  at  Horseshoe  Bend,  about  fifty  miles  away.  General  Coffee  went  ahead 
to  observe  the  enemy.     The  battle  was  opened  by  him  on  the  morning  of  March  27. 

^Lemuel  Donelson,  son  of  Capt.  John  Donelson  and  brother  of  Mrs.  Coffee. 

,lThe  Indians  had  built  a  strong  log  breastwork  across  the  narrow  isthmus  formed 
by  the  bend  in  the  river.  Surrounded  by  this  breastwork  and  the  river,  they  made 
their  last  stand.  General  Jackson  led  in  person  the  charge  upon  the  breastwork 
and  was  slightly  wounded,  but  his  men  went  over  the  works  and  made  a  bayonet 
charge.  Coffee's  dismounted  men  fired  upon  the  enemy  from  across  the  river  and  co- 
operated with  the  friendly  Indians  in  shooting  down  those  who  tried  to  escape. 
Coffee's  men  held  the  right  bank  of  the  river  and  the  rear  of  the  enemy. 


COFFEE    LETTERS  283 


was  shot  and  sunk  in  the  river,  making  in  the  whole  that  we  killed 
from  850  to  900, — and  took  about  500  prisoners,  squaws  and  children 
we  lost  on  our  part  of  white  men  26  killed  and  106  wounded  besides 
2o  friendly  Indians  and  47  wounded — this  place  was  an  assemblage 
of  all  the  upper  towns  on  the  Tallapoosey,  which  we  have  now  de- 
stroyed, it  only  remains  that  we  take  possession  of  the  forts  of  the 
river  and  fight  one  battle  there,  to  finish  the  Creek  war — this  I  hope 
we  will  do  in  ten  days  from  this  time, — I  cannot  say  precisely  when 
I  shall  be  discharged  but  think  it  will  be  in  less  than  one  month 
from  this  time — I  have  never  heard  from  you  since  I  left  home,  only 
by  a  letter  reed,  from  Colonel  Hays,  he  says  you  are  well, — cannot 
you  write  me.  Having  now  nearly  compleated  our  business  here,  I 
shall  soon  turn  me  towards  home  when  I  hope  to  enjoy  the  re- 
mainder of  my  life  with  you  in  quiet — my  love  to  our  little  daughter 
— and  all  friends — 

Lemul   Montgomery32  was   killed   in  battle   at  the  charge  against 
the  breast  works  by  a  ball  through  his  head — 


25. 


Fort  Williams,  April  2,  1814. 


I  wrote  you  yesterday  by  Mr.  Lewis,  who  was  the  bearer  of  an 
express  from  General  Jackson,  he  promised  to  leave  the  letter  at 
Murfreesborough,  from  where  I  know  you  will  get  it,  but  Mr.  Wm, 

White  is  going  to  start  this  moment  and  is  going  so  near  you,  I  drop 
this  line  by  him, — in  my  other  I  give  you  account  of  another  battle 
we  have  had,  in  which  we  killed  from  eight  to  nine  hundred  of  the 
enemy,  and  took  about  500  prisoners — this  is  the  greatest  defeat  we 
have  ever  given  them,  we  killed  three  of  their  prophets  in  this  battle, 
one  of  whom  was  a  very  principal  one,  this  will  damp  them  very 
much — I  herewith  send  you  a  plot  of  the  river  and  bend  where  we 
fought  for  your  satisfaction  to  see  our  movements,  I  expect  the  day 
after  tomorrow  we  will  start  to  the  Hickory  ground  and  will  reach 
that  point  in  3  or  4  days,  perhaps  we  may  have  one  battle  more, 
in  that  quarter  before  they  give  up  this  country,  but  they  cannot 
hold  out,  they  are  already  nearly  starved  to  death,  having  eat  up 
all  their  provisions — as  I  mentioned  in  my  last  I  do  not  know  when 
I  will  be  at  home  but  suppose  one  month  will  finish  all  my  duties — 


26. 


Fort  Williams,  April  6,  1814. 


When  I  last  wrote  you  from  this  place  I  did  not  expect  to  write 
again  until  we  reached  the  Hickory  ground,  but  Mr.  Harris  is  going 
directly  by  you,  he  has  promised  to  call  and  see  you,  and  I  drop  you 
this  by  him  tomorrow  morning  early  we  take  up  the  line  of  march, 
with  about  3000  men  and  officers,  we  shall  proceed  directly  to  the 
Tallapoosey  river  opposite  to  where  the  Georgia  Army  lies,  out  from 
the  river  about  12  miles,  this  point  on  the  river  will  be  where  the 
enemy  is  said  to  be  embodied,  when  we  get  there,  the  Georgia  Army 
will  be  called  to  the  river  and  the  two  armies  will  descend  on  both 
sides  to  the  junction  where  we  will  establish  fort  Jackson,  when 
this  done  I  think  the  war  will  be  over,  there  will  be  regular  troops 
enough  to  support  the  post  and  if  so  the  Tennessee  troops  will  be  dis- 
charged, this  I  calculate  will  be  our  future  operations  and  move- 
ment, and  if  I  judge  right,  we  shall  turn  homeward  in  about  twenty 
days  from  this  day — and  in  15  days  more  we  can  reach  home, — but 

32Lemnel  Purnell  Montgomery,  major  in  command  of  the  Thirty-ninth  Regulars. 
The  capital  city  of  Alabama  is  named  in  honor  of  him.  He  was  a  native  of  Virginia, 
but  resided  in  Hawkins  County,  Tennessee.  His  mother,  Euphemia  Montgomery,  who 
was  related  to  the  Donelsons,  lived  until  1834.  His  father  was  Hon.  Hugh  Mont- 
gomery. 


284  DOCUMENTS 


in  all  this  I  am  not  certain,  we  may  be  double  that  time  out,  and  do 
not  calculate  on  seeing  me  certain  untill  you  see  me, — your  friends 
here  in  the  army  are  all  well,  Captain  Geo.  Smith  had  started  home 
some  days  ago,  but  returned  and  will  finish  the  campaign  and  return 
home  with  me  when  I  go — I  mentioned  in  my  last  that  I  had  not  seen 
Mr.  Harris,  nor  have  I  as  yet,  he  is  at  Huntsville  I  expect  in  the 
quarter  masters  department  I  presume  he  has  written  his  family — 
please  make  my  respects  to  all  friends — how  do  you  and  little  Mary 
do — I  hope  you  are  enjoying  health — am  in  good  health  myself — 

27.  Junction  of  the  Coosey  and  Tallapoosey,  April  18,  1814. 

We  reached  this  place  so  long  sought  for  on  yesterday.  The 
Georgia  Army  has  joined  us,  the  Indians  have  all  fled,  they  are  run- 
ning in  all  directions,  numbers  are  coming  in  and  begging  forgive- 
ness, some  are  running  towards  Pensacola  while  others  are  hiding 
in  the  swamps,  our  fighting  is  over,  the  nation  is  conquered,  and  all 
we  have  to  do  is  to  establish  a  sufficient  number  of  posts,  to  retain 
possession  of  the  country — when  this  is  done  we  will  return  home,' 
I  think  we  will  set  out  on  our  return  march  in  ten  days  from  this 
time,  we  shall  progress  slowly,  our  horses  are  worn  down,  have  had 
no  corn  for  a  month  past,  and  the  grass  very  bare, — we  have  got  a 
number  of  the  negroes  and  some  prisoners  that  was  taken  at  Fort 
Mims,  expect  we  shall  get  all  before  we  start, — Colonel  Russel  has 
not  yet  come  up  the  Alabama  to  meet  us  here,  as  we  expected,  but 
we  have  sent  for  him  and  expect  he  will  come  when  he  hears  we  are 
here,  we  have  had  all  the  fighting  and  labor  to  do,  and  now  surely 
those  other  armies  can  keep  what  we  put  them  in  possession  of.  It 
still  remains  hard  to  feed  our  armies,  the  difficulty  of  transporting 
provisions  is  great,  for  want  of  horse  feed,  and  the  river  navigation 
exceedingly  difficult, — 

We  have  this  day  cleaned  a  spot  of  ground,  (the  very  same  on 
which  the  old  French  fort  Tuloose83  stood,)  in  the  forks  of  the  rivers, 
where  will  be  built  fort  Jackson,  the  foundation  we  will  lay  as  the 
last  work  of  our  army  I  expect, — General  Pinckney  is  at  fort  De- 
catur, 25  miles  in  our  rear,  and  will  probably  be  here  in  a  few 
days — Now  I  think  I  can  see  the  way  clear,  when  I  shall  be  able  to 
return  home  and  remain  in  quiet  with  you,  and  enjoy  the  blessings 
of  private  and  social  life,  the  remainder  of  my  life — 

My  love  to  you  and  little  Mary — 


The  New  Orleans  Campaign,  1814-1815. 

Just  when  General  Coffee  returned  home  after  the  battle 
of  Horseshoe  Ben  is  not  clear,  but  it  is  probable  that  he  came 
back  early  in  the  summer  of  1814.  On  May  28,  1814,  General 
Jackson  was  appointed  major-general  of  the  seventh  military 
district,  U.  S.  A.,  with  orders  to  go  to  Fort  Jackson  and  make 
a  treaty  of  peace  with  the  Creeks.  This  treaty  was  made  on 
August  9,  and  then  General  Jackson  went  to  Mobile  to  look 
after  its  defenses.  His  celebrated  quarrel  with  the  Spanish 
governor  at  Pensacola,  Manriquez,  soon  broke  out  and  he  de- 
termined to  invade  Florida  and  drive  the  British  out.  This 
was  in  the  absence  of  any  authority  from  Washington,  but 

MFort  Toulouse  was  built  in  17 14  by  Bienville  between  the  Coosa  and  Tallapoosa 
rivers  in  order  to  check  the  English  of  Carolina  and  to  influence  the  natives.  Being 
in  the  river  basin  with  Mobile,  it  was  ceded  to  the  British  by  the  French  in  1763. 


COFFEE   LETTERS  285 


with  the  approval  of  the  Southern  people.  Before  leaving 
Fort  Jackson  for  Mobile  General  Jackson  requested  of  Gov- 
ernor Willie  Blount  that  he  send  hiin  a  brigade  of  volunteers 
under  Coffee.  About  2,000  men  assembled  at  Fayetteville. 
On  October  5  General  Coffee  marched  southward  at  the  head 
of  this  force.  He  was  joined  by  800  more  on  the  journey.  On 
October  23  they  reached  St.  Stephen's,  thirty  miles  above  Mo- 
bile, having  traveled  450  miles.  The  following  letters  describe 
the  movements  of  Coffee  and  his  men  until  after  the  Battle 
of  New  Orleans. 


28. 


Fayetteville,  October  3,  1814. 


I  have  been  detained  here  several  days  longer  than  I  expected 
when  I  left  you,  have  mustered  into  service  about  two  thousand  men 
here  besides  several  companies  that  is  to  follow  after  and  four  com- 
panies from  East  Tennessee,  when  all  is  together  I  shall  have  about 
twenty  six  hundred  men  in  my  Brigade.  We  have  had  a  second  Regi- 
ment organized,  in  which  was  elected  Thomas  Williamson  Col.,  Cap. 
George  Elliott"4  Lieut.  Col.,  Capt.  George  Smith  2nd  Lieut.  Col.,  Wil- 
liam Mitchell  and  William  Phillips  Majors.  The  first  Regiment  will 
be  commanded  by  Col.  Dyer  and  his  old  field  officers.  All  now  appears 
satisfied  and  is  going  on  well.  We  shall  certainly  set  out  from  here 
tomorrow,  and  will  go  the  route  I  mentioned  before  I  left  home,  think 
in  12  days  to  reach  Genl.  Jackson  or  his  orders. 

I  have  been  very  uneasy  since  I  left  home  about  the  situation  in 
which  I  left  you,  so  small  force  and  all  the  crop  yet  to  get  in,  in  con- 
sequence of  which  I  got  Mr.  Hogg  at  Shelbyville  to  employ  the  man 
you  heard  me  speak  of,  his  name  is  Blessing.  Mr.  Hogg  writes  me 
he  has  employed  him,  and  has  agreed  to  give  him  $150  in  cash  to 
oversee  for  me  one  year,  he  will  come  down  to  you  in  about  three 
weeks,  or  sooner,  and  remain  untill  Spring,  when  he  will  move  his 
family.  When  he  moves,  if  it  is  before  I  return,  I  have  directed 
that  he  live  in  the  Cabin,  Boak's  house,  untill  I  do  return,  I  think 
it  will  be  best  for  you,  as  they  will  be  company  when  at  home,  and 
when  you  leave  home  they  will  be  a  guide.  He  is  the  most  indus- 
trious man  from  character  to  be  found  anywhere,  and  am  told  his 
wife  is  an  amiable,  well  disposed  woman,  as  such  I  hope  you  will 
have  no  trouble,  but  a  benefit  by  being  so  near.  If  when  I  come 
home  it  don't  suit  we  will  build  a  home  for  them  somewhere  else. 


29.     Camp  Gaines,  15  miles  below  St.  Stephen,  October  22,  1814. 

I  left  Fayetteville  on  the  5th  Instant  and  arrived  here  this  even- 
ing after  a  march  of  18  days,  distance  from  home  about  470  miles. 
We  are  here  about  30  miles  from  Fort  Montgomery,  or  Fort  Mims, 
in  the  neighborhood  of  which  place  I  expect  to  halt  a  few  days.  I 
have  this  day  received  orders  from  General  Jackson,  who  is  at 
Mobile,  about  70  miles  below  this  place.  He  will  meet  us  in  a  few 
days,  when  I  expect  we  shall  march  to  Pensacola,  when  I  expect  little 
or  no  resistance  as  the  enemy  is  in  very  small  force,  no  British  re- 
inforcements have  yet  arrived  and  the  Indians  daily  leaving  them. 
Prospects  are  not  half  as  gloomy  here,  as  I  expected,  It's  more  than 
probable  we  shall  not  have  any  battle  during  the  campaign.     The 

34George  Elliott,  who  was  thus  chosen  lieutenant-colonel,  was  a  citizen  of  Sumner 
County,  Tennessee.  He  was  a  farmer,  a  breeder  of  thoroughbred  horses,  and  a  close 
friend  of  General  Jackson. 


U8(>  DOCUMENTS 


Tennesseans  are  in  high  spirits.  We  have  generally  enjoyed  good 
health,  some  little  sickness,  but  out  of  2000  men  I  have  not  yet  lost 
one  dead,  an  unusual  circumstance. 

I  hope  we  shall  not  be  continued  here  all  the  winter.  When  our 
infantry  from  Tennessee  arrives  the  forces  here  will  be  all  suffi- 
cient to  maintain  the  country  and  when  that  is  the  case  we  shall  not 
be  wanted. 

I  look  forward  with  solicitude  to  the  time  of  discharge  when  I 
can  return  home,  and  join  you  in  the  sweet  enjoyments  of  domestic 
life.  The  more  I  experience  of  public  life,  the  less  I  apprise  it, 
and  the  more  I  appreciate  the  enjoyment  of  a  quiet  fireside  in  society 
of  an  affectionate  wife  and  darling  child,  and  I  think  I  can  with 
propriety  say,  this  will  be  the  last  campaign  I  shall  ever  make,  hav- 
ing satisfied  my  anxiety  when  I  have  relieved  this  country. 

I  hope  you  and  our  dear  little  Mary  are  doing  well,  I  have  en- 
joyed good  health.  Do,  my  dear,  write  frequently.  Your  brother 
Jacky  came  on  here  ten  days  before  I  did,  and  heard  his  company  is 
ordered  to  the  Alabama  heights,  about  30  miles  above  where  I  shall 
halt,  when  we  move  all  will  go  together.  Billy  has  been  to  General 
Jackson's  head  quarters,  and  has  this  evening  returned  and  is  now 
with  me.  Mr.  Harris  is  also  here  with  me,  all  are  well.  General 
Jackson  has  been  sick,  but  has  perfectly  recovered.     .     .     . 

30.    Camp  in  the  cut  off,  Mouth  of  Allabama,  October  29, 1814. 

We  are  situated  on  the  bank  of  the  Alabama  at  its  mouth,  and  on 
a  large  Island  of  the  Mobile,  where  we  have  been  several  days, 
every  preparation  is  making  and  will  be  ready  in  two  days,  to  take 
up  the  line  of  march  to  Pensacola,  distant  from  here  about  75  miles 
We  hear  from  that  place  every  day  or  two,  and  from  certain  ac- 
counts the  enemy  have  no  forces  there  but  the  shattered  remains  of 
those  that  survived  at  Fort  Bowyer,  in  the  whole  not  more  than 
250  British  and  about  the  same  number  of  Indians,  and  without 
they  are  reinforced  before  we  reach  that  point,  we  shall  not  meet 
with  any  resistance, — Its  presumable  we  shall  take  possession  of  the 
Forts,  and  public  stores,  and  leave  a  force  of  regular  troops  to  pro- 
tect it,  but  will  not  interfere  with  the  Inhabitants,  or  abridge  any 
of  their  privileges — the  Governor  of  Pensacola  has  written  several 
pompous  letters  to  General  Jackson  which  will  justify  the  measures 
about  to  be  taken,  those  letters  were  written  before  the  attack  on 
fort  Bowyer,  no  doubt  he  would  now  be  glad  he  had  been  silent, 
I  expect  to  return  to  this  place  in  about  two  weeks,  and  after  re- 
cruiting our  horses,  probably  we  shall  move  west  towards  the  river 
Amete;  which  is  a  central  ground  between  New  Orleans  and  Mobile, 
and  from  where  we  can  move  with  ease  to  either  point — 

I  hope  when  I  return  to  this  place  to  meet  letters  from  you, 
which  will  be  a  source  of  infinite  satisfaction  to  me,  to  hear  from 
you  frequently,  in  my  leisure  moments  what  pleasure  could  equal  that 
of  perusing  a  line  from  you,  announcing  the  welfare  of  yourself 
and  our  dear  little  daughter,  whom  I  hope  are  doing  well — I  will 
frequently  write  you,  and  hope  you  will,  in  like  manner, — Your 
brother  Jack  and  his  company  joined  us  last  evening  which  is  the 
first  time  I  have  seen  him  since  here,  he  is  well,  Billey  is  with  me 
and  has  been  well,  Colonel  Geo.  Smith  and  little  Jack  Donelson  have 
been  somewhat  unwell  but  both  recruiting  and  able  to  do  duty — 
General  Jackson  has  had  a  considerable  attack  of  sickness  before 
we  arrived  but  is  quite  recovered  and  looks  well, — say  to  Mrs.  Mc- 
Culloch  that  the  Major  enjoys  excellent  health  and  spirits 

Make  my  respects  to  Mr.  Eastin,  and  Captain  Parks,  and  their 


COFFEE   LETTERS  287 


ladies,  I  will,  when  I  have  as  much  time,  write  them,  perhaps  when 
I  return  from  Pensacola  shall  have  something  to  write  thats  in- 
teresting— 

■ 

31.  Camp  at  Fort  Mims,  November  15,  1814. 

Inclosed  is  a  detailed  account  for  your  satisfaction,  of  our  ex- 
pedition to  Pensacola,  send  it  to  you  separate  from  any  other  mat- 
ter, that  you  may  show  it  to  any  of  our  friends  and  neighbors  that 
may  feel  anxious  to  hear  from  us — 

I  think  there  is  no  probability  of  our  having  anything  more  to 
do  here,  but  still,  policy  will  dictate  to  the  commanding  General 
to  keep  the  volunteers  untill  other  troops  arrive  sufficient  to  support 
the  country,  after  which  I  have  but  little  doubt  we  shall  be  at  home 
in  two  months  from  this  time — I  had  the  gratification  last  evening 
of  receiving  yours  of  the  4th  Instant  announcing  the  welfare  of  your- 
self and  our  dear  little  daughter  which  is  a  satisfaction  to  me,  that 
cannot  be  equalled  by  any  other,  after  encountering  the  fatigues  and 
dangers  of  the  field,  and  returning  to  a  post  of  safety  and  the  pleasure 
of  perusing  a  line  from  you,  has  restored  my  feelings  beyond  expres- 
sion— do  my  dear  write  me  frequently,  after  the  Rect.  of  this  direct 
your  letters  to  Natchez  from  which  place  I  can  get  them — 

I  am  much  pleased  to  learn  that  the  overseer  has  taken  charge 
of  the  farm  and  relieved  you  of  the  charge  of  attending  to  it — I  hope 
all  will  go  on  well  untill  I  reutrn. 

Our  friends  are  all  well  here,  but  your  cousin  Jack  Donelson,  he 
very  low  with  a  nervous  fever,  but  I  hope  will  recover,  all  at- 
tention is  paid  to  him  by  General  Jackson  and  his  other  friends — 
say  to  Mary  when  I  come  home  I  will  bring  her  some  prettys.  May 
the  great  ruler  of  events  protect  and  preserve  you  both  untill  I  re- 
turn to  you —     .     .     . 

2.  Camp  at  Fort  Mims,  November  15,  1814. 

On  the  13th  Instant  we  returned  to  this  place  from  Pensacola, — 
we  marched  from  here  to  that  place  on  the  2nd  and  arrived  on  the 
evening  of  the  6th,  in  front  of  the  town  and  fort,  sent  in  a  flag  of 
truce,  which  was  fired  on,  and  compelled  to  return,  (a  circumstance 
heretofore  unknown  in  civilized  warfare)  we  encamped  about  1  1-2 
miles  from  the  town  where,  in  the  course  of  the  night,  communica- 
tions between  the  Governor  of  Pensacola  and  General  Jackson  passed, 
— but  an  obstinate  refusal  to  give  up  the  forts  and  town  on  the  part 
of  the  Governor,  and  a  declaration  on  their  part  that  they  would  hold 
out  and  maintain  their  ground  to  the  last  extremity — this  was  the 
result  of  the  negotiations — of  course  we  had  nothing  to  expect,  but 
to  take  it  by  storm,  at  the  point  of  the  bayonet, — In  the  Bay  before 
the  town,  lay  three  large  British  men  of  War,  placed  in  a  position 
to  rake  our  columns,  before  and  after  we  entered  the  town.  In  the 
rear  of  the  town,  on  an  eminence  was  the  Spanish  fort,  mounting  a 
number  of  large  pieces  of  artillery,  besides  8  or  ten  block  houses  in 
different  parts  of  the  town,  and  its  environs,  all  mounting  several 
pieces  of  cannon,  and  several  other  British  ships  of  war,  laying  off 
in  the  harbour, — this  was  the  species  of  force  we  had  to  contend 
with, — with  the  exception  of  a  few  pieces  of  cannon  placed  in  the 
streets  to  rake  them  as  our  troops  advanced — on  the  morning  of  the 
7th  we  moved  against  the  town,  in  four  columns,  three  of  white  men, 
and  one  of  Choctaw  Indians,  we  took  a  direction  around  the  town  and 
out  of  sight,  so  as  to  enter  it  at  a  different  point  from  where  we  lay, 
and  where  the  enemy  would  naturally  expect  us, — as  our  columns 
passed  down  the  Bay  (that  is  nine  miles  wide)  they  were  exposed  to 


288  DOCUMENTS 


the  fire  of  the  British  ships  and  the  Spanish  fort,  but  our  manoeuvers, 
around  the  town,  and  entering  at  a  different  point  expected,  so  frus- 
trated them,  that  they  fired  but  few  shots  at  us  before  we  entered  the 
streets, — in  one  of  the  streets  was  planted  two  pieces  of  cannon,  that 
opened  a  brisk  fire  on  one  of  our  columns  as  they  entered  the  street, 
but  which  gave  no  check  to  the  charge.  The  cannon  was  instantly 
charged  and  taken,  and  the  town  surrendered,  immediately  after, 
and  after  some  negotiations  the  Governor  agreed  to  surrender  the 
whole  of  his  public  forts,  those  at  and  about  the  town  was  surren- 
dered, but  the  two  forts,  that  was  about  16  miles  below,  on  each  side 
of  the  mouth  of  the  Bay,  was  basely  surrendered  by  the  Spanish 
officers  to  the  British  vessels,  and  both  were  blown  up  before  our 
troops  could  possibly  reach  them, — after  we  had  full  possession  of  the 
town  and  fort,  the  British  vessels  fired  a  few  shots  at  us  and  hoisted 
sail  and  left  the  bay — Our  intention  probably  would  have  been  to 
keep  possession  of  the  country,  had  not  the  two  forts  that  commanded 
the  harbour  been  blown  up,  but  this  put  it  out  of  our  power  to  main- 
tain it — our  troops  treated  the  Citizens  of  Pensacola  with  the  same 
respect  that  they  had  usually  shewn  to  our  own  citizens  through 
whom  we  passed,  which  has  had  an  astonishing  effect  on  their  feel- 
ings towards  us, — in  this  affair  we  lost  five  men  killed  and  about 
ten  wounded,  some  dangerously — what  injury  we  did  to  the  enemy 
we  are  not  advised  of,  but  suppose  it  must  be  small  as  they  sur- 
rendered before  we  could  do  them  much  hurt. 

Of  our  future  movements  I  am  not  fully  advised  but  expect  in  a 
few  days  to  be  ordered  towards  the  Mississippi;  between  Natchez 
and  Orleans,  where  we  can  act  to  either  or  any  point,  untill  the  ar- 
rival of  General  Carroll's  troops,  when  I  think  it  most  probable  that 
my  Brigade  will  be  discharged 

33.  Camp  at  Carson's  Ferry  Tombigby,  November  18,  1814. 

I  wrote  you  a  few  days  since  by  mail,  and  since  I  returned  from 
Pensacola,  in  which  I  gave  you  a  detailed  account  of  our  procedure 
while  gone  to  that  place  which  I  hope  you  will  have  reed,  ere  this 
reaches  you, — Major  McCulloch  since  hearing  the  accident  of  his 
little  son  breaking  his  thigh,  has  determined  to  return  home  imme- 
diately, by  whom  I  send  you  this  line, — no  change  of  things  since  I 
wrote  you,  only  our  movements  are  more  definite,  I  am  ordered  to  go 
directly  to  Baton  Rouge  on  the  Mississippi,  which  place  is  about 
60  miles  below  Natchez,  and  from  here  is  about  250  miles.  I  am  now 
crossing  the  Bigby  and  will  in  two  days  take  up  the  line  of  march 
for  that  place,  with  about  eighteen  hundred  men,  the  balance  of  my 
command  say  about  1000  men  will  fall  back  and  scour  the  Escambia 
and  Cahaba  rivers — it  is  believed  that  we  shall  only  be  wanted  to 
maintain  and  protect  the  country  until  the  arrival  of  the  Tennessee 
Militia,  who  will  be  all  sufficient  for  that  purpose  when  they  arrive — 
I  think  by  Christmas  and  in  a  few  days  after  I  shall  be  at  home 
but  lest  I  should  not,  and  you  may  be  in  want  of  funds  for  some 
purpose,  before  I  do  return,  I  herein  enclose  you  forty  dollars  in 
Nashville  notes,  I  asked  Mr.  Eastin,  if  called  on  by  Jack  Hogg,  to 
advance  for  me  twenty-five  or  thirty  dollars  which  Hogg  was  to 
pay  the  overseer  for  me, — if  Hogg  has  called  or  does  hereafter  call, 
pay  the  money  to  him  or  to  Mr.  Eastin  as  the  case  may  be,  I  dont 
recollect  any  other  money  transactions  that  I  have  to  attend 
Major  McCulloch  will  have  pork  to  sell  and  if  Mr.  Eastin  has  not 
enough  to  supply  you,  apply  to  Major  McCulloch  and  he  will  let  you 
have  as  much  as  you  may  want.  I  think  you  had  better  salt  up 
in  the  whole  about  5000  weight.  I  hope  to  be  at  home  before  all  this 
takes  place  but,  lest  I  should  not,  I  mention  it  to  you  now. 


COFFEE    LETTERS  280 


My  love,  I  feel  great  solicitude  to  be  with  you,  and  nothing  but 
a  duty  I  owe  to  my  country  could  possibly  induce  me  to  sacrifice  so 
much  on  my  own  part  and  more  so  on  your  part,  but  I  hope  when 
the  present  campaign  is  over  that  I  shall  not  again  be  called  upon 
during  the  present  war,  as  every  day  convinces  me  of  the  sacrifice 
I  make  in  leaving  the  enjoyments  of  tranquil  life  with  my  family. 


34.  Mouth  of  Sandy  Creek,  December  15,  1814. 

I  arrived  at  this  place,  which  is  twenty  miles  above  Baton  Rouge 
on  the  ninth  instant,  after  sixteen  days  marching  from  the  Cut-off, 
worse  than  any  I  ever  experienced.  The  line  of  march  was  on  a 
parallel  with  the  sea  coast,  and  distant  from  it  generally  forty  or 
fifty  miles,  crossing  all  the  little  Rivers  that  are  very  numerous  in 
this  Country,  having  the  whole,  to  swim,  bridge  or  ferry.  It  rained 
on  us  twenty  days  successively  and  heavier  rains  than  you  ever  saw 
fall, — I  have  selected  this  place  on  the  bank  of  the  Mississippi  and 
distant  above  Orleans  a  little  upwards  of  an  hundred  miles,  as  a 
suitable  spot  to  forage  the  horses  and  feed  the  men  untill  further 
orders.  This  day  by  express  I  reed,  dispatches  from  General  Jackson 
at  Orleans,  saying  the  enemy  in  numbers  had  arrived,  and  was 
seen  laying  off  Cat  and  Ship  Islands,  which  is  opposite  the  outlet 
from  Lake  Ponchetrain,  and  a  little  East  of  the  mouth  of  the  Missis- 
sippi River — the  General  says,  the  River  is  so  well  fortified  they 
cannot  approach  that  way,  then  the  only  way  they  can  possibly  come 

in  will  be  through  the  lake,  if  so  perhaps  they  may  attempt  landing 
on  this  side,  and  marching  by  land,  in  that  event  I  shall  be  ready 
to  meet  them,  in  the  swamps,  when  one  Tennessean  can  run  down 
ten  sailors,  and  worn  out  Europeans,  through  mud,  water,  and  brush, — 
I  do  not  believe  they  will  ever  land,  but  should  they  attempt  it,  I 
have  no  doubt  as  to  the  result,  being  favourable  to  our  army. — what 
has  become  of  General  Carroll.  I  cannot  hear  one  word  of  him,  surely 
he  is  coming  on  although  he  must  come  slow. 

I  am  still  of  opinion  our  services  will  not  be  wanted  here  long, 
if  the  enemy  land  at  all  they  will  do  it  very  shortly  which  will  bring 
the  thing  to  a  quick  issue,  and  if  they  disappear  and  the  Tennesseans 
and  Kentuckians  get  down  and  properly  arranged.  I  expect  we  will 
be  ordered  to  Tennessee,  in  a  month  from  this  time, — but  at  present 
I  expect  you  need  not  look  for  me  untill  about  the  first  of  February 
when  I  have  but  very  little  doubt,  but  I  shall  have  the  pleasure  to  see 
you  at  home. 

As  usual  I  have  not  time  to  write  letters,  say  to  Captain  Parks 
when  the  British  land,  and  we  have  run  them  through  the  brush  and 
something   of  importance   happens,   I  will  write  him  all  about  it, — 

•  •  • 

P.  S.  Say  to  Major  McCulloch  nothing  has  occurred  or  I  would 
write  him,  when  anything  does  he  shall  hear  from  me.  I  hope  he 
found  his  little  son,  recovering  from  his  wound,  and  the  balance  of 

his  family  well. 

I  learn  from  Colonel  Dyer  that  Colonel  Stockley  Hays  found  his 

Lady  well,  and  that  Mrs.  Doctor  Butler35  has  recovered  her  health. 

■ 

ce.  Battleground,  five  miles  below  New  Orleans 

January   20,   1815. 
The  moment  is  pleasant   (after  many  days  fatigue  and  dangers, 
exposed  in  the  face  of  an  enemy)  that  the  mind  is  at  ease  and  turned 
to  that  domestic  enjoyment  that  awaits  me  at  home, — 

^Mrs.  Dr.  W.  E.  Butler.  She  was  the  daughter  of  Col.  Robert  Hays  and  Jane 
Donelson   Hays. 


o 


90  DOCUMENTS 


I  had  not  closed  my  letter  to  you  more  than  one  hour  on  the  23rd 
Dec.  when  I  reed,  orders  to  march  my  command  to  meet  the  enemy 
then  already  landed,  and  within  six  miles  of  New  Orleans.3*  I  had 
at  that  moment  only  800  effective  men,  together  with  about  600  regu- 
lars and  Orleans  Militia,  was  the  only  disposeable  force  in  readiness 
to  meet  them  that  night,  we  marched  without  loss  of  time,  and  about 
one  hour  after  dark  (a  fine  moon  light  night)  we  met  the  enemy 
who  had  encamped,  on  the  bank  of  the  Mississippi  in  an  open  level 
field, — the  right  on  the  river,  the  open  ground  on  the  left, — the  order 

of  battle,  the  regulars  and  Orleans  Militia  attacked  in  front  on  the 
bank  of  the  river,  and  my  Brigade  moved  round  on  the  left  and 
attacked  their  main  columns  on  the  centre,  the  Battle  soon  became 
general, — but  just  before  we  had  formed,  an  armed  schooner  of  ours 
had  dropped  down  the  river  and  opened  a  fire  on  the  enemy  which 
drove  them  out  from  the  river  near  a  quarter  of  a  mile,  where  we 
met  them  formed  in  line,  my  men  behaved  most  gallantly  on  that 
occasion,  they  fired  and  advanced  on  the  enemy  under  a  heavy  fire 
from  more  than  double  their  numbers,  and  drove  them  back  about  one 
quarter  of  a  mile  untill  they  took  shelter  under  the  levee,  or  bank  of 
the  river, — we  dropped  back  in  the  open  field  about  half  a  mile,  re- 
connoitred the  ground  of  Battle,  carried  off  our  wounded,  and  lay 
untill  early  next  morning.  General  Jackson  was  at  the  head  of  the 
regulars,  and  which  fought  and  lay  seperate  from  my  command, 
in  this  affair  we  had  engaged  about  fourteen  hundred  men,  and  the 
enemy  about  three  thousand,  we  lost  about  twenty  five  men  killed, 
seventy  wounded  and  about  seventy  five  made  prisoners — the  loss 
of  the  enemy  was  upwards  of  400  in  killed  and  wounded,  and  one 
hundred  prisoners — in  the  course  of  the  night  General.  Carroll  with 
a  part  of  his  command  came  up  with  us,  and  in  the  same  night  the 
enemy  reed,  reinforcements  of  upwards  of  two  thousand  men,  seeing 
their  superiority  of  numbers,  we  fell  back  about  one  mile,  and  took 
a  strong  position,  and  entrenched — since  which  time  we  have  had 
almost  one  continuous  battle  for  twenty  eight  days.  Not  one  day 
passed  without  attacks  of  Pickets  on  the  line,  a  continued  cannonade 

and  bombardment,  on  the  28th  Dec.  the  1st  and  8th  January,  they 
charged  us  in  line,  and  as  often  were  repulsed — the  latter  day,  they 
lost  in  killed  wounded  and  prisoners,  upwards  of  three  thousand 
men,  their  Commander  in  chief  and  second  in  command,  both  killed 
and  a  Major  General,  Kean,  badly  wounded,  besides  all  their  most 
valuable  officers — after  the  enemy  having  lost  upwards  of  four  thou- 
sand men,  they  decamped  and  embarked  on  the  night  of  the  18th 
Instant,  under  cover  of  a  very  thick  fog  that  is  common  here — what 
their  further  intentions  are  we  cannot  say  but  believe  they  are  tired 
of  their  company  here,  and  is  finally  gone — thus  the  famous  cam- 
paign against  Orleans  is  at  rest  at  present,  and  has  thus  far  been 
marked  with  better  fortune  to  the  American  arms  than  anything 
heretofore  known — Our  whole  loss  in  all  this  affair  has  been  about 


3CThe  important  part  played  by  General  Coffee  and  his  brigade  in  the  battles  of 
December  23  and  Tanauary  8  is  too  well  known  to  require  description  here.  He  com- 
manded his  own  Tennessee  riflemen,  dismounted,  the  Mississippi  dragoons,  and  the 
Orleans  Rifle  Company.  On  the  night  of  December  23  they  performed  valuable 
services  on  the  left,  by  closing  in  behind  the  portion  of  the  enemy  who  were  engaged 
with  General  Jackson.  On  January  8  they  held  the  extreme  left  of  the  American  line, 
•  between  Carroll's  brigade  and  the  swamp.  For  two  weeks  they  lived  in  the  mud 
without  complaint,  but  it  was  necessary  for  the  place  to  be  well  guarded  in  order 
to  prevent  the  enemy  from  going  over  the  breastworks  or  advancing  to  the  intrench- 
ments.  "The  gallant  officer  who  commanded  them,  ever  calm,  ever  active,  without 
precipitation,  tranquilly  giving  orders,  which  he  well  knew  how  to  cause  to  be  promptly 
obeyed;  vigilant  and  provident  to  avoid  unnecessarily  exposing  hisr  men,  for  whose 
safety  he  was  as  anxious  as  a  father  for  his  son's,  acquired  by  his  conduct  the  strongest 
claim  to  the  esteem  and  gratitude  of  his  country."     La  tour's  Memoirs  p.   107. 


COFFEE    LETTERS  291 


fifty  killed,  one  hundred  and  twenty  wounded,  and  about  one  hundred 
and  ten  prisoners,  all  of  which  we  have  since  got  by  exchange — the 
prisoners  we  have  taken  are  sent  up  the  country — surely  Providence 
has  had  a  hand  in  the  thing — you  will  very  shortly  see  the  official 
reports — 

What  may  be  our  movements  in  future  I  cannot  say,  I  hope  we 
shall  not  be  wanted  very  long  here,  as  soon  as  things  are  tranquil  I 
expect  to  be  ordered  home — 

I  never  enjoyed  better  health  notwithstanding  the  fatigue  both 
day  and  night — 

This  is  the  first  moment  I  have  had  to  spare  to  write  to  you,  and 
am  now  called  on  duty — I  hope  and  trust  that  the  same  providence 
that  has  protected  us  here,  have  supported  you,  and  our  little  daugh- 
ter, in  health  and  spirits — you  will  hear  from  me  now  more  fre- 
quently. 

Say  to  Sister  Harris  that  Mr.  Harris  reached  me  yesterday  from 
Mobile,  the  first  time  I  have  seen  him  since  at  Pensacola,  he  is  very 
well,  his  duties  detained  him  in  our  rear — your  friends  are  all  well — 
remember  me  to  all  friends. 

36.  Camp  Coffee,  4  miles  above  Orleans,  January  30,  1815. 

I  received  yours  of  the  12th  inst.  by  last  mail,  and  at  the  same 
time  received  one  from  your  Father,  Both  of  which  inform  me  that 
you  and  Mary  are  well,  and  from  your  Fathers  remarks,  am  gratified 
to  learn  that  Mary  is  fast  improving,  and  already  able  to  assert  her 
rights,  for  every  days  experience  shows  us  that  what  we  never  claim, 
we  rarely  ever  obtain.  I  hope  you  are  both  doing  well  and  will  con- 
tinue so  untill  I  reach  you.     Now  that  we  have  nothing  else  to  do  the 

mind  is  naturally  turned  to  the  objects  most  dear,  and  the  anxiety 
ten  fold  to  any  time  heretofore.  I  hope  you  have  gone  to  your  Father's 
to  stay  until  I  return,  as  it's  uncertain  to  me  when  we  shall  be  dis- 
missed from  here,  at  any  rate  don't  expect  to  leave  here  until  the 
20th  of  February,  if  then,  which  will  bring  the  last  of  March  before 
we  can  possibly  reach  home.     .     .     . 

Believing  the  Great  Ruler  of  our  destinies  is  smiling  on  our  cause, 
I  hope  his  fostering  hand  will  hover  over  and  protect  you  until  we 
meet  again. 

We  are,  and  have  been  at  perfect  ease  for  eight  days  past,  The 
enemy  have  entirely  left  our  shores  and  no  doubt  will  leave  this  coast 
as  soon  as  they  possibly  can.  Its  generally  believed  they  will  go 
directly  to  Bermuda,  where  they  can  deposit  their  sick  and  wounded 
and  get  supplies,  etc.  If  so  they  will  not  return  here  this  spring. 
They  can  not  come  until  they  get  another  army  at  all  events.  All 
doubts  are  removed  here,  every  thing  is  cheerfulness.  The  name  of 
Tennessee  is  revered,  and  General  Jackson  idolized.  I  wish  you  could 
have  been  here  to  have  seen  him  received  into  Orleans,  after  the 
memorable  battle.  A  triumphal  arch,  adorned  with  wreaths,  sup- 
ported by  eighteen  pillars  (one  for  each  state)  and  eighteen  dam- 
sels, the  fairest  in  the  City,  bearing  a  motto  emblematic  of  the  state 
she  represented;  all  so  arranged  as  to  leave  an  open  avenue  through 
which  the  General  and  suite  passed,  and  was  crowned  with  laurels 
and  his  path  strewed  with  flowers  by  the  damsels.  He  was  then 
conducted  to  the  church  that  was  spacious  and  richly  adorned  where 
they  sung  Te  Deum,  several  hours,  and  the  scene  closed. 

There  never  was  such  victories  obtained  by  an  army  before,  history 
affords  no  such  records.  We  have  good  information  that  the  enemy 
has  lost  between  four  and  five  thousand  men  in  killed,  wounded  and 
prisoners.  One  General  and  two  Major  Generals  killed,  the  fourth 
deranged,  and  all  Lord  Wellington's  valuable  field  officers  destroyed. 


2!)2  DOCUMENTS 


While  on  our  part  our  loss  in  killed  is  between  forty  and  sixty,  and 
almost  double  the  number  wounded.  And  what  is  still  more  strange 
the  enemy  always  had  more  men  on  the  field  than  we  had,  until  we 
reduced  them  in  battle.  On  the  23rd.  of  Dec.  we  fought  them  in  open 
field,  they  had  three  men  to  our  one,  and  we  killed  and  wounded  four 
men  to  their  one.  In  all  our  skirmishes  where  no  advantage  of  walls 
or  entrenchments  on  either  side  we  had  decided  the  better  of  them. 
But  on  the  8th  of  January  the  grand  charge,  we  had  every  advantage 
we  could  ask,  we  had  a  strong  bank  of  earth  twelve  feet  thick  and 
high  as  a  man's  shoulders,  on  our  side  and  a  ditch  on  the  other  side 
with  water.  The  slaughter  was  shocking.  After  that  day  the  enemy 
lost  all  hopes  of  success,  and  made  preparations  to  depart  as  fast 
as  possible.  I  think  when  this  information  reaches  England,  we 
shall  have  peace  and  not  before. 

How  is  the  overseer  doing?  I  hope  he  will  be  preparing  for  a 
crop.  I  can  not  at  present  give  any  particular  advice,  don't  trouble 
yourself  with  the  farm,  have  no  doubt  he  will  do  very  well.  Let 
him  be  preparing  the  ground  for  crop,  and  before  time  to  plant  I 
will  give  further  advice. 

Captain  Rapier's  boat  leaves  here  in  8  or  ten  days,  by  her  I  will 

send  you  a  barrel  of  oranges  and  cocoa  nuts.  I  think  they  will  keep 
very  well.  Say  to  your  mother  I  shall  send  up  a  supply  of  sugar 
for  her  family,  Mr.  Eastin's  and  our  own.  Coffee  is  dearer  here  than 
in  Nashville,  as  is  everything  else  except  sugar. 

I  am  in  good  health  and  generally  have  been  so  during  the  cam- 
paign, no  fatigue  or  exposure  has  ever  borne  me  down.  Have  every 
day  been  on  duty  since  I  left  home. 

How  are  all  friends?  I  often  think  of  Captain  Parks,  I  know  the 
lively  interest  he  feels  in  the  events  here.  Give  him  and  Mrs.  Parks 
my  most  friendly  respects.  I  wrote  your  father  by  last  mail  I  will 
write  Mr.  Eastin  by  this. 

All  your  friends  here  are  well.  Say  to  sister  Harris  that  Simpson 
is  here  with  me,  and  is  well.  My  love  to  her  and  the  children  and  to 
such  other  of  our  friends  as  you  may  see. 

May  God  bless  you  and  our  dear  little  daughter  my  dear. 

37.  Camp  Coffee,  near  New  Orleans,  February  15,  1815. 

Since  last  writing  you  nothing  of  importance  has  taken  place,  the 
enemies  fleet  still  hovers  on  our  coast,  but  no  attempts  to  land, — Our 
flag  of  truce  sent  to  them  on  the  final  adjustment  of  the  exchange  of 
prisoners  left  here  twelve  days  since  and  has  not  returned,  suppose 
it  is  detained  untill  the  enemy  move  off,  or  make  some  other  movement 
against  us, — our  prisoners  lost  here  have  all  been  returned,  an  hun- 
dred of  those  taken  in  our  gunboats  has  not  been  obtained,  we  hold 
upon  all  theirs  untill  ours  are  all  delivered — without  strong  reinforce- 
ments the  enemy  certainly  never  will  again  attack  us — untill^  their 
final  departure  I  dont  expect  to  leave  this,  before  the  expiration  of 
our  time  of  service,  but  this  is  little  expected,  every  day  is  expected 
to  bring  news  of  their  leaving  us — when  we  leave  this  suppose  it  will 

take  one  month  to  reach  home,  flatter  myself  of  being  with  you  by  the 
last  of  march.     .     .     . 

I  expect  the  overseer  will  be  preparing  for  a  crop,  I  want  him  to 
commence  early.  I  want  a  fence  run  between  the  young  orchard  and 
the  wheat  field,  direct  him  to  run  it  so  as  to  include  all  the  young 
Peach  trees,  and  continue  it  straight  to  the  lane  fence,  the  orchard 
and  that  enclosed  to  be  planted  in  cotton  the  same  as  last  year, — I 
had  intended  to  sow  the  field  below  the  garden  in  oats,  and  so  it  may 
remain  yet— the  whole  balance  of  the  two  plantations  had  better  be 
planted  in  corn,  all  ought  to  be  broke  up  as  early  as  possible,  and 


COFFEE    LETTERS  293 


before   it  is   planted   if  possible — you   can   send  him   orders   to   this 
effect — 

Mrs.  Jackson  has  not  yet  arrived  here  but  is  daily  expected. 

The  army  here  is  somewhat  sickly  though  not  more  than  might  be 
expected, — Colonel  Smith  is  very  sick  but  not  dangerous  and  is  nearly 
well,  your  Brother  Jackey  is  quite  well,  as  are  all  other  friends, 
General  Jackson  does  not  enjoy  good  health,  he  has  been  very  low  but 
is  better.  I  hope  he  will  accompany  Mrs.  Jackson  home  this  spring. 
I  yet  enjoy  good  health  myself — 

Please  remember  me  affectionately  to  your  father  and  mother  and 
all  friends — 

38.  Camp  Coffee,  near  New  Orleans,  February  24th,  1815. 

I  have  written  your  Father  by  this  days  mail  to  whom  I  refer  you 
for  the  news  respecting  the  movements  of  the  enemy. 

If  the  accounts  of  a  peace  being  concluded  is  true  and  the  same 
should  be  confirmed  by  our  government  we  shall  certainly  receive  it 
officially  in  a  few  days,  when  ever  that  takes  place  I  expect  to  be 
ordered  home  immediately  and  not  before  untill  the  expiration  of  our 
service  as  engaged  for, — you  will  be  better  able  to  judge  of  this  early 
than  I  can,  as  you  will  have  the  news  earlier — 

At  present  it  is  not  believed  the  enemy  will  return  to  this  place 
again,  but  of  this  we  have  no  certainty,  never  untill  yesterday  did  we 
give  up  their  prisoners,  as  untill  then  they  had  retained  some  of  ours, 
four  schooners  left  New  Orleans  early  yesterday  morning  loaded  with 
British  prisoners  to  be  delivered  to  them  at  the  mouth  of  the  Missis- 
sippi, when  they  receive  them,  its  probable  they  will  leave  the 
coast, — 

Mrs.  Jackson,  Mrs.  Butler,  and  Mrs.  Overton37  all  arrived  here 
on  the  19th  Inst  in  good  health  and  are  now  with  their  husbands  high- 
ly pleased,  of  course — they  just  arrived  in  time  to  prepare  for  the 
Ball  given  at  the  anniversary  of  General  Washington,  the  22nd  Inst. 
which  was  quite  splendid  and  the  ladies  much  pleased  with  it. — Not- 
withstanding their  present  enjoyments,  their  troubles  are  yet  to  come, 
its  highly  probable  General  Jackson  will  return  to  Tennessee  this 
spring,  and  if  he  does  not,  the  Ladies  will,  and  then  it  will  be  they'll 
regret  their  undertaking,  the  task  will  most  certainly  be  an  arduous 
one,  descending  the  river  was  only  a  frolic,  but  returning  will  be 
laborious.  I  fear  your  aunt  will  almost  shrink  under  the  fatigue, 
I  wish  she  had  your  philosophy,  to  remain  where  she  could  be  most 
happy  and  most  certainly  provided  for,  I  never  saw  the  inconvenience 
so  plain  as  since  her  arrival  and  reflected  on  it.     .     .     . 


39. 


New  Orleans,  March  3rd,  1815. 


Some  days  since  I  saw  a  letter  from  Mrs.  Gibson  to  the  Colonel 
dated  the  20th  Janry.  and  in  it  she  mentioned  that  our  dear  little 
Mary  had  been  dangerously  ill,  but  was  much  amended, — with  much 
anxiety  I  attended  the  Post  office  this  day  in  hopes  of  having  the 
pleasure  of  a  line  from  you,  but  am  disappointed,  I  am  fearful  the 
reason  is  that  either  you  or  Mary  are  sick,  and  you  dont  want  to 
advise  me  of  it,  or  certainly  you  would  write  me,  I  shall  be  uneasy 
untill  I  hear  from  you,  this  day  I  reed,  a  letter  from  Captain  B. 
Coleman  dated  24th  Jany. — he  says  he  saw  you  a  day  or  two  before 
and  all  were  well,  which  gives  me  some  hope  that  Mary  has  recov- 
ered— 

Great  expectation  was  had,  that  this  day's  mail  would  bring  in- 

sTMrs.  Andrew  Jackson,  Mrs.  Dr.  W.  E.  Butler,  and  Mrs.  Judge  John  Overton. 


294  DOCUMENTS 


telligence  of  a  peace  being  signed  by  our  commissioners  and  perhaps 
ratified  by  our  government,  but  the  mail  that  was  this  day  due  has 
not  come  on,  any  further  than  from  Nashville  and  of  course  no  news. 
We  are  much  at  a  loss  what  will  be  the  course  of  conduct  to  be  pur- 
sued if  peace  is  not  made  immediately,  it  will  \>e  difficult  to  defend 
this  part  of  our  country,  in  and  through  the  approaching  season — 

We  have  by  this  day's  mail  seen  the  account  of  the  capture  of 
the  President  frigate,  by  four  of  the  enemies  vessels,  we  regret  the 
loss  of  the  vessel  and  her  brave  crew,  but  the  nation  has  not  suffered 
in  her  character,  as  they  sold  themselves  like  true  born  Americans, 
and  the  enemy  have  nothing  to  boast  of — would  to  God  Major  Law- 
rence had  have  acted  the  same  part  before  he  gave  up  Fort  Bowyer, 
and  thereby  saved  the  credit  of  our  arms — 

The  enemy  the  last  accounts  were  laying  off  Mobile,  and  it  was 
uncertain  if  they  would  attack  the  town  of  Mobile  or  not,  I  believe 
it  is  certain  that  Admiral  Cochrane,  the  principal  naval  commander, 
has  left  the  fleet,  and  has  gone  to  the  Chesapeake,  for  either  rein- 
forcements or  to  be  ready  to  meet  any  dispatch  vessels  that  may  be 
sent  on  the  subject  of  a  treaty — perhaps  next  mail  will  bring  us  in- 
telligence of  something  that  may  alter  our  destination,  but  without 
it,  I  dont  expect  to  leave  here  untill  the  complete  fulfillment  of  our 
term  of  service  which  will  be  on  the  28th  of  this  month,  so  that  we 
have  no  certainty  of  leaving  this  untill  that  time,  and  it  will  take 
us  from  thirty  to  forty  days  to  reach  home — 

I  have  the  pleasure  to  say  our  troops  are  in  better  health  than  at 
any  time  for  one  month  past,  fewer  deaths  and  dangerous  cases,  and 
a  smaller  sick  report  we  have  suffered  much  from  sickness  owing  to 
colds  and  the  measles  which  is  pretty  generally  removed — 

Colonel  Smith  has  entirely  recovered  of  his  sickness,  but  is  not 
yet  very  strong,  he  rides  about — your  Brother  Jackey  and  other 
friends  are  all  well — I  still  enjoy  good  health  myself  if  you  would 
write  me  on  the  rect.  of  this,  and  direct  your  letter  to  the  Choctaw 
agency  it  will  certainly  meet  me  there  on  the  way  home,  and  would 
be  very  pleasing  to  me — I  shall  be  unhappy  untill  I  receive  a  line 
from  you. 

40.  Camp  near  New  Orleans,  March  16,  1815. 

By  the  last  mail  I  reed,  a  letter  from  you  which  was  the  only 
one  reed,  for  more  than  a  month,  and  by  which  I  was  informed  of 
the  recovery  of  our  dear  little  daughter  from  a  severe  illness,  I 
hope  you  and  she  are  now  in  health,  I  have  experienced  more  un- 
easiness about  your  situation  and  health  of  late  than  I  ever  felt  be- 
fore, but  I  hope  my  dear  all  is  well  with  you — I  shall  continue  to  feel 
unhappy  until  I  hear  from  you — 

Not  untill  three  days  since,  did  the  news  of  peace  reach  here 
officially,  you  cannot  imagine  the  joy  expressed  by  the  Citizens  of  this 
country  and  city  at  the  welcome  news,  illuminations  and  rejoicing  in 
various  and  numerous  ways  by  every  class  of  citizens  and  you  may 
suppose  not  unwelcome  news  to  the  army — tomorrow  morning  I  take 
up  the  line  of.  march  for  home  (the  sick  sent  on  to  Natchez  in  ad- 
vance in  the  steam  boat)  I  think  I  will  be  home  by  the  18th  or  20th 
of  April — say  to  the  overseer  to  push  on  the  preparation  for  a  crop, 
on  as  large  a  scale  as  the  farm  will  admit  of,  and  when  I  reach  home 
I  will  aid  him  in  cultivating  it. 

By  yours  before  the  last,  I  had  expected  you  were  at  your  fathers, 
and  as  such  directed  several  letters  to  you  at  Nashville,  but  I  hope 
your  father  has  sent  them  to  you,  to  him  I  am  more  indebted  for  in- 
formation than  all  my  friends  besides,  having  received  from  him  sev- 
eral intelligent  letters  with  much  satisfaction 


NATCHEZ   EXPEDITION  295 


Our  prospects  are  pleasing,  all  our  friends  here  well,  your  Brother 
Jackey  has  had  some  late  indisposition  but  now  well,  as  is  Colonel 
Smith  also  Mr.  Harris  and  others — Mrs  Jackson  and  Mrs  Butler  well 
and  in  fine  spirits.  I  expect  they  will  start  home  in  8  or  10  days 
perhaps  sooner,  the  General  will  accompany  them — 

I  am  still  blessed  with  as  good  health  as  I  ever  had — my  respects 
to  all  friends — 

I  will  again  write  you  from  Natchez  or  Washington — shall  ex- 
pect to  meet  a  letter  from  you  at  the  Chickasaw  agency 

41.  Washington,  near  Natchez,  March  26,  1815. 

Early  tomorrow  morning  I  leave  this  on  my  march  home,  think 
in  twenty  days  to  be  with  you,  accidents  excepted,  Nothing  has  oc- 
curred since  I  wrote  you  from  Orleans,  I  left  that  place  on  the  18th 
Inst,  and  reached  this  yesterday — have  everything  now  ready  to 
proceed  and  shall  lose  no  time  untill  I  see  you — have  nothing  to  in- 
form you,  hope  you  are  in  health  but  feel  great  anxiety  for  you — 
hope  Mary  has  perfectly  recovered  her  health,  tell  her  Pap  will  soon 
be  with  her — I  still  retain  good  health,  say  to  Sister  Harris  that 
Simpson  is  here  and  is  well — as  all  friends — 


2.  Roll  of  Tennessee  Cavalrymen  in  the  Natchez 

Expedition. 

Among  the  papers  of  General  Coffee  is  a  roll  of  the  regi- 
ment of  cavalry  commanded  by  him  on  the  expedition  to 
Natchez.  This  is  in  the  form  of  a  record  of  names  of  men  with 
the  number  of  blankets,  sabres  and  pistols  furnished  by  each. 
It  is  probable  that  this  is  the  same  regiment  that  was  after- 
ward commanded  by  General  Coffee  in  the  first  part  of  the 
Creek  War.  There  are  no  muster  rolls  of  the  troops  of  the 
Creek  War  in  the  archives  of  Tennessee,  but  these  are  pre- 
served in  the  War  Records  Office  of  the  War  Department  at 
Washington.  This  roll  of  cavalrymen  contains  the  names  of 
ancestors  of  many  Tennesseans. 

It  will  be  interesting  to  ascertain  from  what  counties  re- 
spectively these  cavalry  troops  come.  It  is  certain  that  troop 
No.  3,  commanded  by  Capt.  Baskerville,  came  from  Sumner 
County.  A  number  of  the  names  are  memorable  in  its  annals. 
It  will  be  well  if  anyone  who  reads  this  roll  will  point  out  the 
home  counties  of  other  troops.    The  title  is  as  follows : 

"A  return  of  Blankets,  Sabres  and  Pistols,  furnished  by 
individuals  at  their  own  private  expense,  in  the  Regiment  of 
Tennessee  Volunteer  Cavalry,  commanded  by  Colonel  John 
Coffee — a  part  of  the  detachment  under  the  command  of 
Major  General  Andrew  Jackson,  in  the  service  of  the  United 
States  of  America,  destined  for  the  defence  of  the  lower  coun- 
try." 

Some  of  the  names  are  obscured  by  discoloration.  The  fol- 
lowing is  the  list  by  companies: 

TROOP  NO.  1.— Capt.  Coleman;  John  Nash, Reid, 


Barksdale,   Thomas   G.   Watkins,   Sam'!   Matery,   Gray   K.   Hubbard, 


296  DOCUMENTS 


•     -*     «  »  — 


>  — 


'AK  ■  *  •    •  • 


^V<    •.    •  ^ 


•       «  *» 


•  V    ^ 

*■'* 


. 


Peter  Winn,  John  Knight,  P.  Gatlin,  Rob't  Bedford,  Henry 

McPeak,  Vincent  Willie,  George  R.  Nash,  Jacob  Johns,  Thomas  Bed- 
form,   Thomas   Nash,   John   McPeak,  Josiah   W.   Zachery,   Benjamin 

Wilson,  Robert  Smith,  Thomas  Nelson,  William  Jones, Whitsett, 

John  Smith,  James  Clemens,  Thomas  Hubbard,  Vincent  Hubbard, 
Francis  B.  Cox,  Henry  Miller,  John  Bailey,  James  Stone,  John  Stone, 
John  Smith,  William  Lockerd,  Elisha  Saunders,  John  Bowles,  Willie 
Jones,  Nathan  Stockerd,  George  Williams,  Samuel  Smith,  Robert  Dyer, 
Joseph  Kendrick,  Theodorick  Mabery,  Bazel  West,  Walter  Myrick, 
Joseph  Patterson,  Paul  McMillian,  Cyrus  Sharp,  Matthew  Dickey, 
Alexander  Cathey,  John  Gazaway,  John  Hall,  John  Wilson,  Ben- 
jamin Maberry,  Jonathan  Sherwood,  William  H.  Dyer,  William  Hig- 
gins,  William  H.  Whitson,  Isaac  Edwards,  Joab  H.  Barton,  William 
Gibbon,  Lewis  C.  Anthony,  John  McQuaig,  William  Arnold,  Benjamin 
Ward,  William  Steen,  Adam  Cox,  Thompson  Enoch,  John  F.  Couser, 
John  R.  Enoch,  Joseph  Adkins,  Thomas  Adkins — 72. 


TROOP  NO.  2.— Capt.  Molton;  David  Rushings,  Absolum  Maddin, 
Andrew  Hamilton,  John  Lewis,  John  McHenry,  Charles  Baker,  John 
Boothe,  Isenias  Haley,  Howard  W.  Turner,  Elisha  Simmons,  Robert 
Norris,  John  Baker,  Thomas  Arnold,  Israel  Arnold,  Ephraim  Arnold, 
James  L.  Bell,  James  Black,  Jesse  Bays,  John  Cooper,  Hewell  Parrish, 
Alexander  Dickson,  William  Evans,  Shadrick  Prinn,  Stephen  Harris, 
Isaac  JHU1,  Randolph  Harris,  John  Hooper,  John  Hays,  Patrick  Kelly, 
James  Lewis,  Aaron  Lewis,  Joseph  Larkin,  M.  C.  Molton,  Samuel 
Lewis,  Peter  Phillips,  Benjamin  Persel,  William  Powers,  Jesse  Norris, 
Sanrttel   Richardson,   Andrew   Smith,  James   Simmons,   West  Wood, 

*  Hugh  Dickson,  Richard  Juster,  William  Wingate,  Samuel  Morris, 
Richard  Rushing,  Jacob  Vaughn,  Wm.  Wright,  Richard  Justice,  Clarke 

»    Spencer — 51. 

.^w  ,..':'       TROOP  NO.  3.— Capt.  Baskerville;  John  Baskerville,  Moses  Henry, 

£pff  Reubin  Blackemore,  Thadeus  W.  Barber,  Robert  Hodge,  James  Wil- 

"%•-..'  son,   Thomas  Knight,  Thomas   Brookshire,  James  Johnson,   Ephraim 

$%.  k  Hunt,  Henry  Bledsoe^  John  Bachelor,  Peter  Bryson,  Matthew  Duty, 

William  Malory,  Thomas  Young,  James  Trousdale,  John  White, 
George  Cooper,  Solomon  Duty,  Ralph  Dickinson,  Archd  Mitchell, 
Francis  Johnson,  Jacob  C.  Cook,  Isaac  Bledsoe,  Joseph  Braton,  Benj. 
Brown,  John  Fuller,  Thofloas  T.  Blackmon,  Benj.  Dowell,  Jacob  West, 
Ebin  Phillips,  John  Gwif£john  Mardrell,  Wm.  Murphy,  David  Wil- 
liams, Benj.  Ashlock,  Geofge  Duty,  Rob't  Moore,  Wm.  A.  Roberts, 
Wm.  Carothers,  Umphrey  Bate,  Arch'd  Johnson,  Silas  Prewett,  Benj. 
Duty,  Ed.  Kean,  R'd  C.  Johnson,  Macklin  Key,  Jacob  Gillespie,  John 
Parker,  Falton  Boran,  Lemuel  Stubblefield,  Isaac  Ball,  David  Hig- 
gins,  Wm.  Counsel,  Asa  Hai-den,  Ashly  Stanfield,  William  Grubbs, 
John  Byrn,  Robert  Fall,  John  Rutherford,  James  D.  Edson,  Phillip 
Ashlock,  William  Robertson,  Hugh  Latimore,  William  Bowling,  Alex 
Bowling,  George  Mecklenberry — 68. 

TROOP  NO.  4.— Capt.  Stump;  R.  C.  Fielding,  Joseph  Gray,  Wil- 
liam Ritchie,  N.  Y.  Hail,  W.  B.  Amnon,  D.  E.  Irvan,  William  Hud- 
son,  William  Cleaves,  J.  Messy,  Joseph  Chumley,  E.  Singleton,  C. 
Manly,  William  Letts,  Stephen  White,  Isaac  Lewis,  Jesse  Belam, 
Hugh  Walker,  Isaac  R.  Gray,  James  McQuirter,  David  Willis,  Alex 
Rily,  William  Anderson,  Willis  C.  Clarke,  Thos  Stephens,  Joel  Leek, 
Stephen  Cavender,  L.  Green,  Matthew  Williams,  Alsey  Pace,  A. 
Duglas,  John  Blaize,  M.  Garrett,  Wm.  S.  Burnett,  Peter  Binkley 
Rob't  Holt— 35. 

TROOP    NO.    5.— Capt.    Tyrel;    Cornelius,    C.    Davidson, 

Abner  Warren,  D.  Tredwell,  R.  Bruden,  J.  K.  McKean,  J.  Bassey, 
Thos.  Ray,  Reuben  C.  Biggs,  S.  Cogghill,  Ben  Caps,  Rob't  Cartwright, 


NATCHEZ   EXPEDITION  297 


Jas.  Frazer,  Moses  Frazer,  Thos.  B.  Hudson,  Rich'd  Harmon,  J.  Mc- 
Durnett,  John  Robertson,  John  Robert,  Jr.,  Wm.  Turner,  Geo.  Gal- 
legher,  James  Brayden,  Thos.  H.  Harris,  Cary  Kelly,  Wm.  Richards, 
John  Rainey,  John  Smith,  Sen.,  John  Smith,  Jr.,  James  Vaught,  Jed- 
son  Wilie,  Ezekiel  Brown,  Rich'd  McMahan,  Isaiah  Hogan,  Aaron 
Edwards,  Rob't  Hight,  Henry  Lemon,  Thos.  Stuart,  James  Laseter — 38. 

TROOP  NO.  6. — Capt.  Byrn;  Josiah  Walton,  James  Hamilton, 
Isaac  Luny,  John  Cotton,  Isaac  Ellett,  John  Montgomery,  Alex  Cot- 
ton, William  Cantrel,  James  Strother,  Sam'l  Rogers,  Allen  Cotton, 
Jacob  Savia,  Stuart  Brigance,  Adam  Cowger,  Hubbard  Avent,  James 
Byrn,  Norflet  Perry,  Sam'l  Edison,  Olley  Blackamon,  Henry  Winn, 
Chas.  Brigance,  Nicholas  Lattimore,  Rob't  Parks,  Hardy  Robason, 
Thos.  Coffman,  John  C.  Lattimore,  Isaac  Morris,  Jesse  Daniel,  Berry 
Edwards,  Rob't  Moon,  Thos.  Dugger,  John  Curby,  Everet  Elliss, 
Westley  Dugger,  Alex  McElroy,  John  H.  Payton,  Tho.  M.  Scurlock, 
Jos.  Elliss,  Ezekiel  Brown,  John  Hunter,  Dred  Dugger,  Nicholas 
Bain,  Rob't  Strother,  John  Bell,  Solomon  Anderson,  Rob't  W.  Ceiltis, 
Igreat  Dugger,  Jurdon  Uzell,  Willie  Dorset,  Henry  Pearson, 
Rich'd  Boyce,  Winslow  P.  Johnstone,  John  Kalhoun,  John  Turner, 
Elisha  Staltons,  Wm.  Daniel,  Sam,l  Lawrence,  Simeon  Perry,  Henry 
Barnes,  Benj.  Kinsol,  Tho.  Daniel,  Tho.  Finley,  Archibald  Kempson, 
John  Rice,  John  McKinsay,  Elijah  Rice,  Tho.  Marlin,  Peter  Winn, 
Thos.  Wingo,  Charles  Brigance — 71. 

TROOP   NO.   7.— Capt.   Smith;    Robt.   Q.  Johnston,   Henry  Hart, 

Wm.  T.  Williams,  Wm.  Lofland,  Jno.  S.  Sanders,  Sam'l  Greenfield, 
Eth'd  Williams,  Elias  F.  Deloach,  Benj.  Darnal,  Wm.  Haygood,  Wm. 
Briant,  Wm.  Hutchington,  Benj.  F.  Smith,  Josiah  Fort,  Henry  Fort, 
Wm.  Fort,  Rob't  Haygood,  Wm.  Adams,  Joel  Campbell,  David  Duvall, 
Rob't  Briant,  Thos.  Darnal,  Nicholas  Darnal,  Daniel  Collier,  Wm. 
Smith,  Moses  Grant,  Abijah  Hightowre,  Stephen  Terry,  John  Robert- 
son, Sam'l  Lunsford,  Larkin  Usery,  John  Moore,  Jas.  B.  Campbell, 
Jacob  D.  Clines,  Joshua  Luntsford,  Henry  Johnston,  Jas.  Cook,  Tho. 
Cook,  David  Waldin,  Morgan  Moore,  Wm.  Jimonson,  Britton  Briges, 
Jos.  French,  Morris  Morris,  Martin  Duncan,  Wm.  McFaden,  Tate 
Odeneal,  Francis  Hambleton,  Jno.  Garner,  Joseph  Colwell,  John  Grant, 
Tho.  Roberts,  Jas.  Loyd,  Sam'l  H.  D.  Ryburn,  Jas.  Walker,  Arthur 
Williams,  Jno.  Baker — 57. 

TROOP  NO.  8.— Capt.  Jetton;  John  Wilson,  Wm.  Newgent,  Jos. 
Wilson,  David  Hall,  Jno.  Lawrance,  Ezekiel  Dickson,  George  Douglas, 
Wm.  Hill,  Wm.  Gavel,  Moses  Swan,  Barnes  Clark,  Vyneard  Croford, 
John  Casy,  Luke  Dean,  Daniel  Eastwood,  Kinchen  Freman,  Jno. 
Hill,  Lemuel  Hall,  Wm.  Johnstone,  Rob't  Kelton,  John  Kislough,  Jas. 
Marlin,  Wm.  Mabury,  Jno.  Marlin,  David  Moore,  Amis  McCoy,  Jno. 
McCarrell,  Enoch  Harris,  Oliver  Harris,  Wm.  Noton,  David  McCay, 
George  Philips,  Wm.  Parker,  Wm.  Norman,  Wm.  Morris,  Hugh  Kirk, 
Thos.  Pinkerton,  Jno.  McCary,  Henry  Thompson,  Alex  Russell,  Rob't 
Russell,  Thos  B.  Smith,  Levy  Taylor,  Martin  Taylor,  Charles  Taylor, 
Sam'l  Nale,  Rob't  Whittle,  Sam'l  Warren,  Jas.  McClash,  Edmond 
Tennison — 52. 

TROOP  NO.  9.— Capt.  Kavennaugh;  Isaac  Coon,  T.  W.  Linster, 
Jno.  Bridges,  Jos.  Holcombe,  J.  W.  Linster,  Daniel  Duns,  Tho.  Cowan, 
Wm.  Parks,  R.  Ragsdale,  R.  L.  Deen,  Wm.  Gurley,  Levy  Ragsdale, 
Andrew  Beagar,  Isaac  Bigell,  Wm.  Bigell,  John  Benson,  John  Capps, 
<Wm.  Cowan,  Peter  Edwards,  John  Epps,  Wm.  Fibrel,  Andrew  Good- 
man, Benj.  Gar  ley,  Benj.  Goodman,  Jesse  Gully,  Geo.  Glasscock, 
Nathaniel  House,  H.  B.  Jackson,  Lee  Kavenaugh,  Jos.  Long,  Wm. 
Marten,  R.  W.  Coutcker,  Andrew  McKinny,  Glen  Owen,  Mat  Patton, 
J.  B.  Scrugs,  Wm.  Scott,  J.  R.  Tankely,  Joseph  Teas,  Tho.  Wallace, 

— 3Hist. 


298 


DOCUMENTS 


John  Wise,  Ephriam  Beazly,  J.  Carothers,  H.  P.  Holt,  Jas.  Boyet, 
Benj.  Jones,  Laban  Benson,  Wm.  Edmondson,  Green  House,  Collinck 

Kinny — 50. 

TROOP  NO.  10.— Capt.  Bradley;  William  Hallum,  Isham  Wynne, 
John  Hallum,  John  P.  Moss,  Joseph  Reiff,  John  A.  Givins,  David 
Parrish,  John  Warren,  Jacob  Reiff,  Stephen  Barton,  John  Bradley, 
Joseph  Bouton,  Drury  Bettes,  Wyat  Bettes,  John  Bartlett,  John  Bryant, 

James  Bales,  William  Bryant,  Thomas  Burket,  John  Cavet,  Carter 
Crutcher,  Wm.  Crawford,  Green  Cook,  Jesse  Cook,  Elisha  Cole,  David 
Cole,  James  Calhoon,  James  Dooly,  Peter  Earhart,  Thos.  Grissom, 
James  Eason,  John  Guthrey,  Thompson  Hays,  Reid  Horn,  George 
Harpole,  Sam'l  Hunter,  Isaac  Hunter,  Eli  Harris,  Pleasant  Irby, 
Joseph  Irby,  James  Roane,  Luke  Kent,  James  Jones,  Joseph  King, 
Isaac  Kelly,  Thos.  Morton,  Rob't  Marshall,  Andrew  McDaniel,  Wm. 
McDaniel,  John  Irby,  Sam'l  Miller,  Sam'l  Neel,  G.  Neel,  B.  Organ, 
S.  Organ,  John  Reiff,  R.  Sutton,  Rich'd  Rowland,  James  T.  Wynne, 
J.  C.  Williams,  Wm.  Talbut,  Jno.  Young,  A.  Brown,  Daniel  Warren, 
John  Cocke — 66. 


TROOP  NO.  11, 


Will 


McKnight,  Rob't  Moore,  H.  Hammons,  S.  Bedford,  Geo.  Patton,  A. 
Lackey,  Alfred  Moore,  Allen  Corbet,  Burwell  Featherstone,  E.  H. 
Chaffin,  H.  Sheppard,  H.  Hartgrove,  Jno.  Dickson,  James  Hill,  Jno. 
Hill,  James  Moore,  Josiah  Vanhouse,  Jno.  Irwin,  Jno.  May,  Jno. 
Wood,  Jas.  Monahan,  Jos.  Thompson,  Jno.  Cabler,  Moses  Ashbrook, 
Brent  Wallace,  Thos.  Smith,  Thos.  Furgason,  Thos.  Rodes,  Thos. 
Hamilton,  Nath.  Henderson,  Lem'l  Nichols,  Thos.  Darnall,  A.  Chisolm, 
J.  D.  Graves,  Abraham  Rodes,  H.  Scott,  H.  Horn,  H.  Crenshaw,  John 
Hopper,  Jos.  Thompson,  Sr.,  Rob't  Beard,  Wm.  Weer. — 44. 


HISTORICAL  NOTES  AND  NEWS 

PROCEEDINGS    OF    THE    SOCIETY. 


At  the  October  meeting  Mr.  John  Bell  Keeble  delivered  an  address 
on  "Some  Phases  of  Reconstruction/'  and  at  the  November  meeting 
the  address  of  the  evening  was  by  Rev.  G.  B.  Winton  on  the  subject, 
"Panama."  Both  of  these  papers  were  of  marked  historical  interest 
to  those  who  were  so  fortunate  as  to  hear  them. 

The  Society  has  received,  among  other  gifts,  a  collection  of  forty- 
nine  volumes  from  the  New  York  Historical  Society  and  a  copy  of 
the  Nashville  Union  and  American  for  May  26,  1861,  the  latter  a  gift 
of  Mr.  Rammage. 

The  Society  went  on  record  as  desiring  the  passage  of  a  bill  to 
create  a  Department  of  Archives  for  the  State  of  Tennessee  and 
appointed  the  following  committee  to  work  for  the  same:  John  H. 
DeWitt,  Chairman;  Dr.  A.  H.  Purdue,  John  P.  Hickman,  Dr.  A.  A. 
Lyon,  A.  P.  Foster,  Hallum  Goodloe,  H.  K.  Bryson,  Judge  T.  F.  Wilson, 
Dr.  St.  George  L.  Sioussat,  Miss  Carrie  Sims,  and  Mrs.  B.  D.  Bell, 
together  with  all  members  living  outside  of  the  county  of  Davidson. 

The  new  members  added  to  the  list  since  the  last  announcement 
are  as  follows:  Mrs.  Mark  Harrison,  Nashville;  Miss  Emily  Martin, 
Brentwood;  Rev.  G.  B.  Harris,  Nashivlle;  Hon.  Hallum  Goodloe,  Nash- 
ville; Mr.  J.  F.  Rippey,  Nashville;  Mr.  L.  Lewis,  Nashville;  Mr.  Robert 
Dyas,  Nashville;  Judge  Henry  R.  Gibson,  Knoxville;  Mr.  Evander 
Shepard,  Shelbyville;  Mr.  Charles  S.  Shirley,  Columbia;  Mr.  J.  W. 
E.  Moore,  Brownsville;  Mr.  Clem  I.  Jones,  Athens;  Mr.  Charles  T. 
Cates,  Jr.,  Knoxville;  Thad  A.  Cox,  Johnson  City;  Giles  L.  Evans, 
Fayetteville,  and  C.  C.  Dabney,  Nashville. 


THE  TENNESSEE   SOCIETY  OF  COLONIAL  DAMES. 

The  Tennessee  Society  of  Colonial  Dames  held  its  semi-annual 
meeting  on  Thursday,  Nov.  16,  1916,  at  Woodstock,  the  country  home 
of  Mrs.  J.  C.  Bradford.  Mrs.  James  H.  Kirkland,  the  president,  pre- 
sided. 

Mrs.  W.  A.  Bryan  and  Mrs.  S.  A.  Sheib  were  received  as  new  mem- 
bers. Visiting  Dames  were  Mrs.  Polk,  of  Little  Rock,  Ark.,  and  Mrs. 
James  Allison,  of  St.  Louis. 

After  the  minutes  of  the  last  meeting  had  been  read  by  the  secre- 
tary, Mrs.  Samuel  H.  Orr,  Mrs.  Frank  W.  Ring  discussed  the  work  of 
the  Society  in  the  mountain  schools  in  Van  Buren  County,  and  Mrs. 
C.  B.  Wallace  spoke  of  the  work  at  Rock  Island. 

Miss  Susie  Gentry,  chairman  of  the  Historical  Research  Committee, 
gave  a  sketch  of  Gen.  Andrew  Lewis  and  of  old  Fort  Loudon,  the 
site  of  which  is  to  be  marked  by  the  Tennessee  Society.  Miss  Gentry 
also  spoke  of  the  memorial  building  in  honor  of  George  Washington 
which  the  various  patriotic  societies  propose  to  erect  at  Valley  Forge. 
Mrs.  Maggie  H.  Hicks  reported  for  the  Library  Committee. 

Mr.  John  Howe  Peyton,  the  president  of  the  Nashville,  Chattanooga 
&  St.  Louis  Railway,  made  an  interesting  address  relative  to  the  work 
of  the  railroad  in  relation  to  scientific  agriculture  and  the  improvement 
of  the  land  in  the  mountain  districts,  and  especially  with  regard  to  the 
co-operation  between  the  railway  and  the  Colonial  Dames. 


300  TENNESSEE   HISTORICAL   MAGAZINE 


SONS   OF   THE   AMERICAN    REVOLUTION. 

The  annual  meeting  of  the  Tennessee  Society  of  the  Sons  of  the 
American  Revolution  was  held  Monday  evening,  October  23,  in  the 
private  dining-room  of  the  Commercial  Club  in  Nashville. 

After  the  reading  of  the  minutes  and  the  reports  of  committees, 
the  membership  papers  of  Mr.  R.  B.  Cassell,  of  Hariman,  were  sub- 
mitted and  accepted. 

Mr.  Wm.  K.  Boardman,  secretary,  made  a  short  talk  concerning 
the  methods  of  entertaining  the  National  Society  at  the  1917  Congress, 
which  is  to  be  held  in  Nashville. 

For  the  ensuing  year  Mr.  Leland  Hume  was  elected  president  of 
the  Society  and  Mr.  Carey  Folk,  treasurer.  The  other  officers  were  re- 
elected for  another  year's  service,  as  follows :  John  W.  Faxon,  James 
N.  Cox,  and  Wm.  Lawson  Wilhoit,  vice-presidents;  John  C.  Brown, 
registrar;  Rev.  Jas.  I.  Vance,  D.D.,  chaplain;  Dr.  Paul  DeWitt,  sur- 
geon; St.  George  L.  Sioussat,  historian;  Wm.  K.  Boardman,  secretary. 

Mr.  John  H.  DeWitt  presented  the  subject  of  the  state  archives  bill 
to  be  introduced  in  the  approaching  session  of  the  Assembly.  The 
Society  instructed  the  president  and  the  Executive  Committee  to 
draw  up  suitable  resolutions  in  behalf  of  the  bill,  to  be  presented  to 
the  Legislature  when  the  bill  is  introduced. 

The  Society  extended  to  Mr.  Boardman  its  congratulations  upon 
his  election  as  vice-president  general  of  the  National  Society.  It  was 
voted  to  present  Mr.  Boardman  with  a  jewel  as  a  token  of  the  Society's 
appreciation  of  this  honor. 

Short  addresses  were  made  by  the  Rev.  Dr.  Vance  upon  John 
Sevier,  and  by  Dr.  St.  George  L.  Sioussat  upon  LaFayette  and  Rocham- 
beau. 

A  rising  vote  of  thanks  was  tendered  the  retiring  president,  Mr. 
E.  A.  Lindsey,  in  appreciation  of  his  services  during  the  past  year. 

It  was  voted  to  give  the  president  power  to  appoint  necessary  com- 
mittees for  the  entertainment  of  the  Congress  of  1917. 

DAUGHTERS    OF   THE   AMERICAN    REVOLUTION. 

The  eleventh  State  Conference  of  the  Tennessee  chapters  of  the 
Daughters  of  the  American  Revolution  met  in  Memphis,  November  1,  2 
and  3,  by  invitation  of  the  Memphis  chapters. 

This  Conference  was  one  of  the  largest  ever  held  in  the  State,  as 
there  were  approximately  400  local  Daughters  besides  delegates. 

The  business  sessions  were  held  in  the  ballroom  of  the  Chisca 
Hotel,  the  State  Regent,  Mrs.  Thomas  Polk,  of  Jackson,  presiding. 

The  first  session  was  impressively  opened  Wednesday  afternoon 
by  "Bugle  Call"  by  Francis  Bingham  and  "Salute  to  the  Flag,"  fol- 
lowed by  the  singing  of  "America." 

Addresses  of  welcome  were  delivered  by  Mr.  Goodman  for  Mayor 
Ashcroft,  and  Mrs.  C.  B.  Bryan  in  behalf  of  the  hostess  chapters, 
responses  being  given  by  Mrs.  Hallum  Goodloe  and  Mrs.  N.  B.  Dozier. 

In  the  address  by  the  State  Regent  patriotic  education  was  the 
keynote,  and  the  Tennessee  Daughters  were  urged  to  adopt  it  as  a 
slogan. 

Reports  from  the  various  committees  showed  a  creditable  year's 
work,  especially  the  Patriotic  Education  Committee,  mountain  school 
work  coming  under  this  head.  During  the  school  term  sixty  pupils 


HISTORICAL    NOTES   AND   NEWS  301 


were  enrolled  at  the  Flag  Pond  D.  A.  R.  School,  which  is  being  taught 
this  year  by  Miss  Minta  Carter,  a  mountain  girl.  An  "Amelia  Mor- 
row Chamberlain  Scholarship"  was  established  by  the  Conference 
in  memory  of  Mrs.  Chamberlain,  of  Chattanooga,  an  ex-State  Regent. 

The  report  of  the  Historian,  Mrs.  Charles  R.  Hyde,  included  four 
addresses  delivered  on  "Historic  Chattanooga ;"  one  on  George  Wash- 
ington, one  at  the  Berry  School.  She  had  visited  Chief  Vann's  home, 
Chalmette;  collected  data  relating  to  the  Cherokee  Indians;  also 
written  articles  on  "Early  Books  in  Tennessee,"  and  a  poem,  "Old 
Times  in  Tennessee." 

Chapters  were  requested  to  send  books  for  the  Memorial  Con- 
tinental Hall  Library  at  Washington.  Among  the  books  promised 
were  some  by  local  authors — poems  of  Walter  Malone,  Sara  Beaumont 
Kennedy,  Virginia  Frazier  Boyle,  and  Mrs.  Watson's  "Field  of  Honor." 

A  unique  feature  of  one  of  the  sessions  was  the  reading  of  an 
original  poem,  entitled  "Memphis,"  by  the  poet  laureate,  Mrs.  W.  B. 
Romine. 

The  Conference  voted  unanimously  to  ask  the  next  Legislature 
for  an  appropriation  for  publication  of  the  Draper  Manuscripts  and 
to  secure  the  publication  and  preservation  of  the  State  archives. 

Distinguished  guests  and  speakers  at  the  Conference  were:  Mrs. 
John  Miller  Horton,  of  New  York;  Mrs.  George  T.  Guernsey,  of 
Kansas;  Mrs.  George  T.  Squires,  of  Minnesota,  and  Mrs.  W.  G. 
Spencer,  vice-president  general  National  Society  from  Tennessee. 

At  a  beautifully  appointed  luncheon  the  last  day  of  the  Con- 
ference Mrs.  T.  J.  Latham  presented  the  Tennessee  D.  A.  R.  with  a 
silver  loving  cup. 

A  spirit  of  harmony  pervaded  the  entire  Conference,  which  marked 
the  close  of  a  most  successful  year's  work  and  gave  promise  of  a  still 
better   new   year's   work   under   the   guidance   of   the   efficient   State 

Regent.  Matie  C.  Fletcher, 

Secretary  Tennessee  D.  A.  R. 


INDEX 


i 


TENNESSEE  HISTORICAL  MAGAZINE 


VOLUME  II. 


The  names  of  contributors  of  articles  are  printed  in  small  capitals  f 
the  titles  in  italics.  Titles  of  works  reviewed  or  noticed  are  inclosed  in 
quotation  marks. 


American   Revolution,   Daughters 

of,  300-301. 
American    Revolution,    Sons    of, 

300. 
Andrew  Greer,  by  J.  T.  McGill, 

204-207. 
Anti-Slavery    Activities     of     the 

Methodist  Episcopal  Church  in 

Tennessee,   by  A.   E.   Martin, 

98-109. 
Bell's,  John,  Political  Revolt,  and 

the    Vauxhall   Garden   Speech, 

by    Albert    V.    Goodpasture, 

254-263. 

Bolton,  H.  E.,  "Texas  in  the  Mid- 
dle Eighteenth  Century/'  87. 

Cavalrymen,  Tennessee,  in  the 
Natchez    Expedition,    Roll    of 

(doc). 

Coffee,  John,  Letters  of  General, 
to  his  Wife,  1813-1815  (doc), 
with  Introduction  and  Notes  by 
John  H.  DeWitt. 

"Collections,  Illinois  Historical/9 
87,  154. 

Colonial  Dames,  Tennessee  So- 
ciety of,  299. 

Compact,  Cumberland,  and  the 
Foundimg  of  Nashville,  Richard 
Henderson:  The  Authorship  of 

the,     Archibald     Henderson, 

155-174. 
Constitution  Making,  State,"  by 
Wallace  McClure,  232-233. 
Constitutional  Need  in  Tennessee, 
Government  Reorganization,  A, 

by  Wallace  McClure,  89-97. 

Cumberland  Compact  and  the 
Founding  of  Nashville,  Richard 
Henderson:  The  Authorship  of 

thef     Archibald     Henderson, 
155-174. 


n 


Daughters  of  the  American  Rev- 
olution, 300-301. 

Death  of  Mr.  Clarence  S.  Paine, 
231. 

Diaries  of  S.  H.  Laughlin  of  Ten- 
nessee, 18 40,  18 US,  (doc),  with 
Introduction  and  Notes  by  the 
Editor,  43-85. 

Early  Corporate  Limits  of  Nash- 

ville,  by  R.  B.  C.  Howell,  110- 
118. 

"Filibusters  and  Financiers/'  by 
W.  O.  Scroggs,  153-154. 

"Financiers,  Filibusters  and/'  by 
W.  O.  Scroggs,  153-151. 

First  Settlement  in  Tennessee? 
Fort  Prudhomme:  Was  It  the, 

by  J.  P.  Young,  235-244. 

Fort  Prudhomme:  Was  It  the 
First  Settlement  in  Tennessee? 

by  J.  P.  Young,  235-244. 

Genealogical  Inquiry,  231-232. 

Goodpasture,   Albert   V.,    John 

BelVs  Political  Revolt,  and  the 
Vauxhall  Garden  Speech,  254- 
263. 

Governmental  Reorganization,  A 
Constitutional  Need  in  Tennes- 
see, by  Wallace  McClure,  89- 
97. 

Greer,  Andrew,  by  J.  T.  McGill, 
204-207. 

Greer,  Joseph,  The  King's  Moun- 
tain Messenger : — A  Tradition 
of  the  Greer  Family,  by  Mag- 
gie H.  Stone,  40-42. 

Heiss,  Major  John  P.,  of  Na&h~ 
ville,  Papers  of  (doc),  with  In- 
troduction and  Notes  by  the  Ed- 
itor, 137-146,  208-230. 

Heiss  Papers,  Walker — //,  (doc), 
147-149. 


*The  Editor  gratefully  acknowledge 
Hudson  in  the  preparation  of  the  Index. 


INDEX 


303 


Henderson,  Archibald,  Richard 

Henderson:  The  Authorship  of 
the  Cumberland  Compact,  and 
the  Founding  of  Nashville,  155- 
174. 

Henderson,  Richard:  The  Author- 
ship  of  the  Cumberland  Com- 
pact and  the  Founding  of  Nash- 
ville, Archibald  Henderson, 
155-174. 

Henry,  H.  M.,  Slave  Laws  of 
Tennessee,  175-203. 

Historical  Association,  the  Nash- 
ville Meeting  of  the  Mississippi 

Valley,  86-87. 
History   of   the   Life   of   General 
William  Trousdale,  Hon.  J.  A. 

Trousdale,  119-138. 

Howell,  R.  B.  C,  Early  Cor- 
porate Limits  of  Nashville,  110- 
118. 

"Illinois    Historical    Collections/' 

87,  154. 
Immigration,   Tennessee:  A   Dis- 
cussion on  the  Sources  of  Its 
Population  and  the  Lines  of,  by 

Stephen  B.  Weeks,  245-253. 

Inquiry,  Genealogical,  231-232. 

King's  Mountain  Messenger,  Jo- 
seph Greer: — A  Tradition  of 
the  Greer  Family,  by  Maggie 
H.  Stone,  40-42. 

Laughlin,  S.  H.  of  Tennessee, 
1840,  181*3,  Diaries  of,  (doc), 
with  Introduction  and  Notes  by 
the  Editor,  43-85. 

Laws  of  Tennessee,  Slave,  by  H. 
M.  Henry,  175-203. 

Letters  of  General  John  Coffee  to 
his  Wife,  1813-1815,  (doc), 
with  Introduction  and  Notes  by 

John  H.  DeWitt. 

Life  of  General  William  Trous- 
dale, A  History  of,  by  Hon.  J. 
A.  Trousdale,  119-138. 

Manuscripts,  Society's,  231. 

Marshall,  Park,  The  Topograph- 
ical  Beginnings    of   Nashville, 

31-39. 
Martin,  A.  E.,  Anti-Slavery  Ac- 
tivities of  the  Methodist  Epis- 
copal Church  in  Tennessee,  98- 

109. 
McClure,  Wallace,  Governmen- 
tal Reorganization,  A  Constitu- 
tional Need  im  Tennessee,  89-97. 


McClure,  W.,  State  Constitution 

Making,  232-233. 

McGill,  J.  T.,  Andrew  Greer, 
204-207. 

Methodist  Episcopal  Church  in 
Tennessee,  Anti-Slavery  Activ- 
ities of  the,  by  A.  E.  Martin, 
98-109. 

Mississippi  Valley  Historical  As- 
sociation, the  Nashville  Meet- 
ing, 86-87,  151-152. 

Myer,  Mr.  W.  E.,  A  Request  from, 
152-153. 

Nashville,  Early  Corporate  Lim- 
its of,  by  R.  B.  C.  Howell, 
110-118. 

Nashville  Meeting  of  the  Missis- 
sippi Valley  Historical  Asso- 
ciation, 86-87,  151-152. 

Nashville,  the  Founding  of,  Rich- 
ard Henderson:  The  Author- 
ship of  the  Cumberland  Com- 
pact and,  by  Archibald  Hen- 
derson, 155-174. 

Nashville,  the  Topographical  Be- 
ginnings of,  by  Park  Mar- 
shall, 31-39. 

Natchez  Expedition,  Roll  of  Ten- 
nessee Cavalrymen  in,   (doc). 

Paine,  Mr.  Clarence  S.,  Death  of, 
231. 

Papers  of  Major  John  P.  Heiss  of 
Nashville,  (doc),  with  Intro- 
duction and  Notes  by  the  Ed- 
itor, 137-146,  208-230. 

Population  and  the  Lines  of  Im- 
migration, Tennessee:  A  Dis- 
cussion on  the  Sources  of  Its, 

by  Stephen  B.  Weeks,  245-253. 

Proceedings    of   the    Society,   86, 

150-151,  299. 

Prudhomme,  Fort:  Was  It  the 
First  Settlement  in  Tennessee? 
by  J.  P.  Young,  235-244. 

Public  School  System  of  Tennes- 
see, 1834-1860,  by  A.  P.  Whit- 

AKER,    1-30. 

Request  from   Mr.  W.   E.   Myer, 

152-153. 
Revolt,     and     Vauxhall     Garden 

Speech,  John  Bell's  Political,  by 

Albert   V.   Goodpasture,   254- 

263. 
Revolution,     Daughters     of     the 

American,  300-301. 

Revolution,  Sons  of  the  American, 

300. 


304 


INDEX 


Roll  of  Tennessee  Cavalrymen  in 
the  Natchez  Expedition,  (doc). 

* 

Scroggs,  Walter  O.,  "Filibusters 
and  Financiers,"  153-154. 

School  System  of  Tennessee, 
1834,  I860,  the  Public,  by  A.  P. 
Whitaker,  1-30. 

Settlement  in  Tennessee?  Fort 
Prudhomme:  Was  It  the  First, 

by  J.  P.  Young,  235-244. 

Slave  Laws  of  Tennessee,  by  h. 

M.  Henry,  175-203. 

Society's  Manuscripts,  231. 

Sons  of  the  American  Revolution. 

"State  Constitution  Making,"  by 
Wallace  McClure,  232-233. 

Stone,  Maggie  H.,  Joseph  Greer, 
the  King's  Mountain  Messen- 
ger:— A  Tradition  of  the  Greer 
Family,  40-42. 

Tennessee:  A  Discussion  on  the 
Sources  of  Its  Population  and 
the  Lines   of  Immigration,  by 

Stephen  B.  Weeks,  245-253. 

Tennessee  Cavalrymen  in  the 
Natchez  Expedition,  Roll  of 
(doc). 


of 


Tennessee     Society    of    Colonial 

Dames,  299. 
"Texas  in  the  Middle  Eighteenth 

Century,"  H.  E.  Bolton,  87. 
Topographical      Beginnings 

Nashville,  by  Park  Marshall, 
31-39. 
Trousdale,    General    William,    A 
History  of  the  Life  of,  by  Hon. 

J.  A.  Trousdale,  119-138. 
Trousdale,  Hon.  J.  A.,  A  History 

of  the  Life  of  General  William 
Trousdale,  119-138. 
Vauxhall    Garden    Speech,    John 

BelTs  Political  Revolt  and,  by 

Albert  V.  Goodpasture,  254- 
263. 

Walker-Heiss  Papers,  II,    (doc.), 
147-149. 

Weeks,  Stephen  B.,  Tennessee: 

A  Discussion  on  the  Sources  of 
Its  Population  and  the  Lines  of 
Immigration,  245-253. 

Whitaker,    A.    P.,    The    Public 

School  System  of  Tennessee, 
1831>-1860,  1-30. 

Young,  J.  P.,  Fort  Prudhomme: 
Was  It  the  First  Settlement  in 


Tennessee?  235-244. 


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