County Administration – Private Legislative Acts
Published for the Quarterly County Court by the County Technical Assistance Service, University of Tennessee Institute for Public Service, Nashville, TN, 1976. Transcribed by Billie McNamara in 1996. A current, digital version of this information is available on-line.
Contents of Private Acts:
Historic County Government Administration
The administration of county government is through a coordination of duties and responsibilities placed in various elected or appointed officials, plus various boards, agencies, and commissions. For general law on county administration, see Tennessee Code Annotated, Title 5 (Counties) and Title 8 (Public Officers and Employees). Check specific subject headings in the “Combined General Index” of T.C.A. for other statutes relating to county administration.
The following private or local acts constitute part of the administrative and political heritage of Hawkins County but are today no longer operative since they have either: (1) been superseded by general law; (2) been specifically repealed; or (3) failed to receive local approval.
Acts of 1792, Chapter 14, granted power to the Justices of the Peace in Hawkins County to levy a tax for building a Courthouse, prison, and stocks to be located in Rogersville, which tax would not be permitted to exceed twenty cents on each 100 acres of land in one year. The Quarterly Court may appoint three, or more, Commissioners to supervise the work and the Sheriff was given the power to collect the taxes.
Acts of 1799, Chapter 22, made it lawful for the inhabitants northwest of Clinch Mountain to hold general musters as directed. The Colonel Commandant shall order one of the Majors to attend each muster, giving everyone concerned a ten-day notice. The muster would be held on the third Friday in February and July at the house of David Day. Failure to attend could result in one’s being court-martialed and fined up to $30.00.
Acts of 1801, Chapter 1, amended the State Militia law in several particulars. Section 9 was pertinent in that provisions were made for the volunteer companies of cavalry of Hawkins and Washington County, commanded by Captains Alexander Nelson and Allen Gillespie, to be annexed to the District of Washington.
Acts of 1801, Chapter 5, established the procedures for storing and the methods for inspecting various commodities for sale or shipment. Warehouses, where goods could be officially examined, were selected in each county. In Hawkins County, the warehouses selected were those belonging to Daniel Rice, Rhodham Keener, and Lacky Stubblefield.
Acts of 1803, Chapter 1, organized the Tennessee Militia into units, designating the militia in Hawkins County as the Fourth Regiment of the State. This lengthy act then concerns itself with all the customary regulations generally found in military codes.
Acts of 1806, Chapter 28, provided that 5 Commissioners would be selected by election for Dandridge, Gallatin, and Rogersville. Commissioners would, in turn, choose a Clerk and Treasurer and perform such other administrative duties as were specified in the act.
Acts of 1807, Chapter 86, appointed George Maxwell, Andrew Campbell, Francis Dalzell, Rhodham Kenner, and Andrew Galbreath as Commissioners to superintend the building of a prison and stocks on the public square in Rogersville. The Commissioners were required to advertise for bids and award the contract to the lowest. The Quarterly Court could levy a tax, if necessary, at its January meeting in 1808 to produce funds to pay for the prison.
Acts of 1815, Chapter 52, was the legislative authority given to John Miller, of Hawkins County, to build a grist mill on Beech Creek. The mill would be located on his own land and built to meet all the demands of the law. This act must not be construed as preventing Miller from paying damages to anyone who might suffer some injury from the construction of the mill.
Acts of 1815, Chapter 68, established the town of Surgoinsville in Hawkins County. It was named after James Surgoines. The act named Arthur B. Armstrong, Joseph Klepper, Jonas Laughmoller, James Surgoines, and Edward Erwin as Commissioners to supervise the laying out and development of the town.
Acts of 1815, Chapter 105, allowed Stokely D. Mitchell the privilege of building an office on the public square in Rogersville in Hawkins County in his capacity as the Clerk of the Court of Pleas and Quarter Sessions. He shall make application to the court, and, at least nine of the Justices being present, they shall proceed to designate the spot where the office shall be built.
Acts of 1815, Chapter 119, was an act intended to better establish and regulate the militia of the State. Hawkins County’s militia was designated as the Fourth Regiment of the First Brigade, which also embraced Washington, Sullivan, and Greene Counties.
Acts of 1817, Chapter 145, established a bank in Rogersville: the Rogersville Tennessee Bank, with an initial capital of $400,000. The bank was incorporated to exist at least until 1842. The Directors of the Bank, who were mentioned in the act, were Richard Mitchell, John A. Rogers, Francis Dalzell, William Hord, Jacob Miller, Joseph W. Corden, Hugh G. Moore, William Lyons, William Simpson, and Nicholas Fain.
Acts of 1819, Chapter 68, was a new militia law for Tennessee, rewriting the former act from the beginning. The First Brigade was made up of the county militia units of Hawkins, Washington, Greene, and Carter. The military units in Hawkins were termed the Fourth Regiment, and their official annual muster was set for the fourth Saturday in October. The remainder of the act was all regulatory and administrative in nature.
Acts of 1820, Chapter 10, allowed the Quarterly Court of Hawkins County, a majority of the Justices being present, to designate a part of the public square in Rogersville through a committee of their own members as a site on which offices of county officials might be constructed. When the area was selected, any of the Clerks of the different offices were permitted to build an office thereon for the safe keeping and preservation of their records. If the Clerk should die, his representative may collect the value of that Clerk’s share. The county was given leave to buy the properties at any time as the property of the county. The Clerks were not allowed to convey the property to third parties.
Acts of 1820, Chapter 12, is the same act 1820 Chapter 10 (above), although it is listed in some publications as Chapter 12.
Acts of 1825, Chapter 69, was the next publication of an entirely new Militia Law for the State. Organizational portions of the Law indicated that the Hawkins County units were to be known as the Fourth and the Seventy-Eighth Regiment of the First Brigade, which also included the counties of Washington, Sullivan, Greene, and Carter. The annual official muster for Hawkins County would take place on the fourth Saturday in October for the Fourth Regiment and on the second Thursday in October for the 78th Regiment.
Acts of 1827, Chapter 111, directed the Entry Taker of Hawkins County to accept the sum of 12-1/2 cents per acre for 25 acres of land from one David Clark, and to issue him a certificate for that amount of land stating its precise location in Hawkins County.
Acts of 1829, Chapter 208, stated that the Quarterly Court of Hawkins County, at its first session in January, 1830, might, at its discretion, lay a tax for the year 1830, and every year thereafter as long as may be necessary, to raise a sum sufficient to build a Courthouse. The tax was not to be more than double the State tax. Nicholas Fain, George Hale, William Simpson, John Mitchell, James Young, James Sanders, and Dick Alexander were named as Commissioners whose duty it was to procure and award a contract to build the said Courthouse at Rogersville and to supervise the work as it was in progress.
Acts of 1829, Chapter 213, made it lawful for the citizens of Washington, Sullivan, Hawkins, and Greene Counties, at their expense or by subscription to cause a re-survey of their counties to be made to ascertain with certainty the amount of square miles in each. Alexander Inglish, William Hall, John Inglish, Terry White, Jonathan Baughman, John Peoples, Stephen Barnard, and John Ball were named Commissioners and were authorized to open books and take subscriptions for the purposes stated.
Acts of 1829, Chapter 243, recited in the preamble that the State of North Carolina had made a grant to one Allison in 1795. The grant included 28,000 acres of land, but the portion settled by Allison and his family amounted to over 100,000 acres, most of which were in Hawkins County, and on which taxes have not been paid for several years. This caused the land to be taken over by the Sheriff. This act allowed the heirs of Walter Sims, who had succeeded in title to most of the land, to redeem the same on or before the second Monday in November, 1830, by paying the taxes due, the interest and penalties owing thereon, and any other related charge, whereupon the Sheriff was directed to convey a good and free title to them. Lands not redeemed were to be turned over to the Entry Taker, who was ordered to open his office on the third Monday in November, 1830, and take entries for occupancy at 50 cents per acre for not less than 50 acres nor more than 160 acres. Provisions and rules for resolving boundary disputes and land area disagreements were enacted along with the admonition that all taxes must be promptly paid in the future. Resolution #32, passed two years later, directed the State Comptroller to investigate and report to the General Assembly the condition of all the monies received by the Entry Taker of Hawkins County for land entered within the Walter Sims survey. The report was to include the amount paid by Sims’ heirs, the amount unpaid, and into whose hands the land finally came to rest.
Acts of 1831, Chapter 4, repealed that part of the former act which authorized the building of a Courthouse and the laying of a tax therefor in Hawkins County, and which required the Sheriff to pay over the tax money to the Trustee and the Sheriff is now instructed to pay the tax money over to the Commission supervising the building of the Courthouse.
Acts of 1831, Chapter 83, amended the 1829 act concerning redemption of the Sims lands by repealing Section 3 and providing that those lands not redeemed by those who were settled thereon would become a part of the public lands and be entered in the same manner as all other lands north and east of the Reservation Line. The Entry Taker was directed to pay over all the funds collected by him for entries in this area.
Acts of 1833, Chapter 93, appointed Stokley D. Mitchell, Orville Rice, and Jacob Miller as Commissioners in the room and stead of William Simpson, James Sanders, and James Young. The new Commissioners would join other commissioners to purchase a sufficient quantity of land on the public square in Rogersville on which to build a Courthouse, provided the agreement of a majority of the Quarterly Court were first obtained.
Acts of 1835-36, Chapter 59, appointed Clinton Armstrong, Joseph Huffmaster, and William A. Walker as additional Commissioners for the building of the aforementioned courthouse in Rogersville and the new Commissioners were vested with the same power and authority as were the former ones.
Acts of 1835-36, Chapter 112, incorporated the people of Rogersville under a Mayor-Alderman Charter. An election would be held on the first Saturday in May to elect seven Aldermen to one-year terms, one of whom would be selected by his colleagues to serve as Mayor.
Acts of 1837-38, Chapter 157, Section 3, scheduled the times for county drills for every militia unit in the State and rewrote several Sections of the State Military Code. The Third Brigade was composed of the units in Powell, Grainger, and Hawkins Counties. The Brigade’s official muster would occur on the Monday and Tuesday following the first Friday and Saturday in September of each year.
Acts of 1841-42, Chapter 61, authorized the Treasurer of the State to pay to George C. Bradley, former jailor of Hawkins County, the sum of $79.00 — the amount of legal fees for keeping in prison two prisoners. One was charged with murder; the other with horse stealing. They were found to have made their escape without the negligence, default, or connivance of Bradley, but because of the insufficiency of the jail.
Acts of 1845-46, Chapter 191, recited that an act passed in January, 1830, provided for a special Entry Taker’s office to be opened in Hawkins County for the entry of land designated by Sim’s big survey, and John Mitchell was appointed special Entry Taker. The special office was to be closed July 1, 1832, and the remaining lands to be entered would be treated under the general laws by the regular Entry Taker of Hawkins County. The General Assembly was advised that several entries were made at the special office after July 1, 1832, and this act made all such entries legal, valid, and binding for all purposes.
Acts of 1869-70, Chapter 28, allowed Carter M. Bales, the Revenue Collector of Hawkins County, until August 1, 1870, to collect and pay over the State Revenue now charged to him as the said collecting officer. The Attorney-General of the First Judicial Circuit would suspend prosecution on Bale’s official bond until the expiration of the time given to Bales under this act.
Acts of 1869-70, Chapter 93, permitted Carter M. Bales, of Hawkins County, and all other Revenue Collectors in the State who have not completed their collections for the years 1865, 1866, and 1867 to take the further time of one year in which to do so.
Acts of 1879, Chapter 126, repealed Section 12 of an act passed February 24, 1870, which incorporated the City of Rogersville in Hawkins County. The Mayor and other officials of the city shall deposit all records and acts with the County Court Clerk within thirty days after the passage of this act.
Acts of 1893, Chapter 82, declared that Poor Valley Creek, in Hawkins County, was a navigable stream for the floating of logs thereon from its mouth to the forks of the said Creek, at or near the residence of Washington Hunzman, in the said county.
Acts of 1897, Chapter 124, was among the first acts of the State in which the salaries of several county officials were determined by the population of the county in which their offices were located. The officials were deprived of their fees, these being ordered to be paid over to the county. The county would pay for the cost of books, stationery, and other papers necessary to the operation of the office, if sworn, itemized statements of the same were filed with the County Judge, or Chairman. Their salaries were not to exceed the amount of fees paid in. Although the act was declared unconstitutional in Weaver v. Davidson County (1900), 104 Tenn. 315, 59 SW 2nd 1105, many of its legal features were incorporated in similar salary acts that followed.
Historic Quarterly Court Administration
The Quarterly County Court was the governing body of most Tennessee counties until about 1977. Its duties were essentially legislative, and it only had the powers vested in it by the Legislature. The Quarterly County Court was the subject of general law found in Title 5, Chapter 5, of Tennessee Code Annotated. Other statutes governed its powers and duties, but this was the major section of state law. The governing body in most Tennessee counties today is the County Legislative Body, called “County Commission” in many counties.
In 1976, the Hawkins County Quarterly Court was made up of 21 Justices of the Peace, who met regularly on the third Monday in January, April, July, and October at 10:00 A.M.
The following private acts are no longer current laws. They were repealed or superseded by general statutes, but they once applied to the Hawkins Quarterly County Court.
Acts of 1792, Chapter unknown: Set the terms for the Quarterly County Court of Hawkins County to begin on the second Monday in March, June, September, and December, as well as fixing the court dates for the County Courts of several other counties.
Acts of 1792, Chapter 8: Set the dates for holding the Courts of Pleas and Quarter Sessions for each of the counties in the Washington District. Hawkins County’s Court would meet on the first Monday in March, June, September, and December.
Acts of 1797, Chapter 6: Scheduled the meeting dates for the Courts of Pleas and Quarter Sessions in several of the Tennessee Counties. For Hawkins and Blount Counties, the courts would meet on the fourth Monday in February, May, August, and November.
Acts of 1809, Chapter 93: Fixed the opening dates for the terms of the Courts of Pleas and Quarter Sessions in all existing counties in the State. Hawkins County would assemble the court on the fourth Monday in February, May, August, and November.
Acts of 1827, Chapter 65: Stated the Court of Pleas and Quarter Sessions of Dickson, Sullivan, Weakley, Hawkins, Hamilton, Smith, Henry, and Rhea Counties, a majority of the Justices being present at their first meeting of the year, and on the first day, may select three of their own number by ballot to hold the court for the remainder of the year. The Clerk was to enter the names of those chosen in the minute book. This Quorum Court, once established, would operate under the same laws and regulations as the other courts.
Private Acts of 1835-36, Chapter 6: Set up a County Court in every county to meet on the first Monday in every month and continue until all the business of the court is completed. Three of the Justices may be a court to hear the probate of wills and other related matters, but could hear no jury trials. The courts would select 25 jurors, one from each Civil District, if there were that many, or they could select 37, if the court so ordered. The members of this court would be paid $1.00 a day for their services and taxes were allowed to be levied to produce the funds on which these courts would operate, if necessary.
Acts of 1866-67, Chapter 41: Allowed the Quarterly Court of Hawkins County, by a two- thirds vote of its members, to issue coupon bonds to produce the funds with which county debts would be paid, but no debt would be included to be paid which was incurred in aiding and abetting the recent war of rebellion.
Historic Administration of the County Register Office
The office of County Register is a constitutional office, established by Article VII, Section 1 of the Constitution of Tennessee, and it is regulated by the general statutes found in Tennessee Code Annotated.
The following private acts are included here for their reference and historical value, since they have no current effect.
Acts of 1831, Chapter 162: Stated that all deeds and other instruments of conveyance heretofore registered in Greene, Sevier, Cocke, Washington, Hawkins, Grainger, Claiborne, Campbell, Jefferson, Blount, Monroe, McMinn, Morgan, Roane, and Sullivan Counties, although the certificates might not specify that the same were acknowledged by the grantor, or proved by the attestation of two witnesses, yet the same shall be as good and valid in both law and equity as if they had been certified and endorsed in the most formal and legal manner.
Acts of 1835-36, Chapter 61: Declared that all grants of land issued by the State of Virginia for lands in that tract of country situated between what is commonly called Henderson and Walker’s lines in Claiborne, Hawkins, and Sullivan Counties, and which have heretofore been registered in said counties, shall be received as evidence in the State of Tennessee. Certified copies of the same shall likewise be accepted and so treated.