Transcribed by Janette West Grimes
May 20, 1954
* CAL'S COLUMN *
___________
We continue with the
publication of the old records of the Quarterly Court and Court of Pleas of
Smith County, in the year 1802.
"Friday, Dec. 24, 1802.
Court met according to adjournment. Members (viz): James Hibbetts, Elmore
Douglass, William Kavanaugh, Esquires, Justices." This meeting, so far as
we have been able to learn, took place at Dixon Springs, in Smith County. Only
three of the magistrates of the county were present and still we have not
learned how many magistrates had to be present to form a quorum.
James Hibbetts lived on what
is now called the Carter Branch and is buried on the present Burrow farm. The break in the dividing ridge
between Dog Branch and Pumpkin Branch is known today as Hibbetts' Gap, and we
are sure that it was named for James Hibbetts, above referred to. This was the
last gap through which the travelers from east to west passed before reaching
the Hibbetts homestead.
Elmore Douglass was a member
of a prominent family that lived principally in Sumner County. His place of
residence in 1802 is believed to have been somewhere in the general vicinity of
Carthage. William Kavanaugh lived 152 years ago not far from the present New
Middleton.
"Ordered that William L.
Alexander, Isham Beasley and Anthony be patrollers in Capt. Samuel's
Company." We would suppose that William L. Alexander lived in the vicinity
of the present Dixon Springs; that he was most probably related to the Daniel
Alexander who was in that distant day and time overseer of the road leading up
Middle Fork of Goose Creek, through the Gap of the Ridge and thence down Long
Creek. Isham Beasley's Bend, south of Dixon Springs, until he removed to the
Sullivan's Bend section, north of the present Elmwood. Anthony Samuel was
perhaps the Captain Samuel referred to in the same item. A patroller of 152
years ago looked after runaway slaves among other duties and was a dread and a
terror to slaves, who used to mention the patroller in some of their songs. We
have heard some of the old songs that indicated the dread and terror on the
part of slaves toward the patrollers.
"Ordered that Charles L.
Love be fined the sum of five dollars for his non-attendance as a juror at the
present term, and that execution issue immediately against him for the
aforesaid sum. Fine remitted." Here wwe have a case of a court showing at
least some measure of mercy. We do not know who Charles L. Love was, although
it is possible that he was the ancestor of the numerous members of that family
who still reside in the west end of the present Macon County.
"Ordered that William
Hagland be overseer of the road from Snow Creek on the Caney Fork Road to
Charles Kavanaugh's, and that Zachary Ford's, Mr. Thurman's and Mr. Shoemake's
hands work under the said overseer." We are of the opinion that the name
William Hagland was not correctly copied from the original records. The writing
is faded and much of it is very hard to read. This road began on Snow Creek,
which rises in the head of the hollow above the present Elmwood, but we do not know
which way it extended except that it ran generally in a southwesterly direction
to Charles Kavanaugh's, somewhere in the vicinity of the present New Middleton.
We have no information at this time on Zacariah Ford, Mr. Thurman or Mr.
Shoemake.
The next item is as follows:
"Veni. Fa. to the ensuing County Court, viz, Benjamin Clark, Solomon
Harpole, Hezekiah Woodard, Robert Dugan, Edward James, David Looney, Jeremiah
Taylor, Richard Brittain, Job Bass, James Hunter, Robert Ward, James W. Wright,
Harris Bradford, Andrew Greer, William Martin, Vincent Ridley, William
Douglass, Philip Sitton, Elisha Oglesby, George McWhirter, Benjamin Barton,
Henry Tooley, Frederick Turner, John Barkley, William Penny, John Rankin, James
Givson, Micrum ( ? ) Henry, Isham Beasley, William Stalcup, Grant Allen,
Jeffrey Sitton, John Johnson, of East Fork of Goose Creek; John Rutherford and
William Cage."
This is a long list of
prospective jurors and we would suppose this list contains some of the leading
citizens of the county in the year 1802. We have some comment to offer on part
of these men. There was a Benjamin Clark in the Smith County census for 1820
and he was then between 26 and 45 years old. Perhaps he would have been too
young for juror duty 18 years earlier. In 1820 this Benjamin Clark had three
sons under ten years of age and his wife was between 25 and 45. Also listed in
1820 was Robert Clark, in the same age group as Benjamin. He had one son under
ten and two from 10 to 16. He had three females under ten, and one female over
45. This was very probably his wife, older than her husband. It was quite
common in the long gone years for a man to marry a woman older than he.
However, in this case is it only a surmise, as Robert Clark could have been a
widower with six children all under 16 years of age. One other Clark, James, is
found in Smith County 134 years ago. He had two males under ten, one from ten
to 16; one female under ten, one from ten to 16, and one from 26 to 45 years
old, the same age group into which James fell.
Solomon Harpole is not listed
in the Smith County census for 1820. Nor is there a person of the name of
Harpole listed in the census of 1850. We are quite sure there is not a member
of the Harpole family living in Smith County today. However, John Harpole is
mentioned in the Wilson County, Tennessee records as having been a bondsman for
Thomas Dill in getting his license to marry Agnes Hopson, on Feb. 3, 1806. On
Aug. 28, 1806 in the same county Solomon Harpole was surely for George Allen,
when he secured his marriage license to wed Sally Johnson. This would signify
that it was very probably the same man in the Wilson County records as the man
summoned for jury duty in Smith County nearly four years earlier. John
Caplinger (Caplenor?) married Catharine Harpole in Wilson County in 1812, his
bondsman being Aaron Harpole. Adam Harpole secured his license to marry Polly
Bettis on April 15, 1812, with George Harpole as his surety. We have some other
information relative to the Harpole family if any reader desires to know more
of the family.
Hezakiah Woodard is the next
man summoned for jury duty. There are still many Woodards in Smith County, the
name being quite frequently found in the county records. Robert Dugan was next
in the list. There was not a member of the Dugan family listed in the Smith
County census for either 1820 or 1850, so the family had either died out of had
moved to another location. On Sept. 7, 1824, in Wilson County, James Duggan was
surely for Nelson Owen who was obtaining his license to wed Peggy Duggan.
Robert Dugan was born in Buncomb Co., North Carolina, in 1814, died in 1861,
and is buried in Philadelphia Cemetery, 13 miles south of McMinniville, Tenn.,
but this was not the Robert Dugan of the old Court records, for he was at least
21 years of age as early as December, 1802. In the same cemetery also is buried
Mary Dugan, born in 1791 and died in 1829, the wife of William Dugan, born in
South Carolina in 1785 and died in 1867 and is also buried in the same
cemetery. We read more than 40 years ago that Paducah, Kentucky, got its name
from Pat Dugan's wood yard where steamboats stopped to load on wood which was
used to fire the boilers on boats a long time ago. From a corruption of the
name of Pat Dugan, we have the name of Paducah of today.
The next prospective juror
named in the above list was Edward James. We find two James families in Smith
County in 1820, Edmund James and Minze James. But these both were between 26
and 45 years of age in 1820 and would have been too young for jury duty in
1802, even if the names had corresponded. Grime, in his History of Middle
Tennessee Baptists, tells us that Leroy James was ordained as a deacon by
Macedonia Baptist church, now located at New Middleton, in Smith County. Edmond
James was ordained as a deacon by the same church in 1849. He also had a
picture of Mrs. Mary Susan James in his history. She was the wife of Leroy
James. We would judge that Edward James was the ancestor or a relative of the
men of a later day. There are still some members of the James family or were a
few years ago, living in Gordonsville.
David Looney was the next
summoned in the above list for jury duty. He is quite frequently mentioned in
the old records, but we do not know the place of his residence. Elisha Looney
lived in Smith County in 1820, with the following members of this family,
males: Two males under ten, and two females under ten, two from 10 to 16, and
one from 26 to 45, and one Negro slave. He was most probably a son of David
Looney. Abraham Looney, born in 1780, died in 1841, is buried in Greenwood
Cemetery, but we do not know where this cemetery is. His wife, Elizabeth
Looney, born in 1776 and died in 1838, is buried in the same cemetery. There is
a Looney family graveyard, now called the Lonas Cemetery, some six miles
southwest of Knoxville, Tenn. The oldest member of the family, of whom we have
any record was Absalom Looney, a soldier of the Revolution, who lived near the present
cemetery. However, it would perhaps be in order to state that the family
spelled the name Absolm. His wife, Sarah, died in 1833. Other Looney's buried
there are: Alexander, Absolum, Jr., Zebella, wife of John; Moses Looney, died
in 1817; and Nancy Looney,died in 1827.
From Ramsy's Annals of
Tennessee, we learn a great deal about David Looney. We would suppose that this
is the same David Looney listed above. His name appears first as a Justice of
the Peace in Sullivan County, in East Tennessee. This was in the year 1780,
when the court of that county met in the home of Moses Looney, supposed to have
been a member of the same family. David Looney was appointed by Governor
Caswell of North Caarolina, a Major on Nov. 19, 1779.
In this connection we would
like to add that we have found that one Benjamin Clark was a commisioner to lay
out Jonesboro, the first town in Tennessee. This was in 1779. Another
Commissioner was Jesse Walton, believed to have been the father of the wife of
Noah Jenkins, mentioned in last week's paper. The same David Looney voted for
the formation of the State of Franklin, and the date of this vote is believed
to have been in August, 1784. In 1785 David Looney is again mentioned by Ramsey
as a member of the convention that sought to set up the State of Franklin.
David Looney was one of 19 who signed a protest against part of the proceedings
in connection with the State of Franklin. David Looney was a member of the
first Legislature of Tennessee in 1796, being a member of the Lower House. He
represented Sullivan County. The same man also was one of those who voted to
refuse to admit to testimony in Court any atheist. This occurred about 1796.
Now we are not positive that
the same man is referred to every time we find the name of David Looney. But
presume the man summoned for jury duty in Smith County to have been the same
David Looney, formerly of Sullivan County. If we are wrong on any point we
shall appreciate correction.
The name of the next juror
appointed by the Court in December, 1802, was Jeremiah Taylor. He was a leading
citizen of Smith County in the long ago, and had the following family in 1820:
One male under ten, one male from ten to 16; two males from 18 to 26, and
Jeremiah was then above 45 years of age. He had one female between 10 and 16,
one from 16 to 26, and one above 45, his wife, we presume. He owned at that
time six slaves.
Additional investigation
indicates that Jeremiah Taylor most probably lived on what today is called the
Taylor Branch of the East Fork of Big Goose Creek, just above the present
Hillsdale. He is believed to have been one of the maternal ancestors of C. C.
Merryman, secretary of the North Central Telephone. Co-operative and a leading
citizen of the Hillsdale section. In fact he lives only a few score yards from
where the Taylor Branch empties into the waters of East Fork of Goose Creek.
His mother was a Miss Taylor prior to her marriage. We hope for additional
information on the Taylor family soon.
The Taylor family was in 1820
in Smith County quite numerous. The following heads of Taylor families are
listed in the Smith County census for 1820: William Taylor, Richard Taylor,
Joseph Taylor, Jeremiah Taylor, Jamers Taylor, David Taylor, John Taylor,
Tabitha Taylor, Drewry Taylor, David Taylor, Wilson Taylor, Nancy Taylor, Henry
Taylor, Barziller Taylor, David Taylor, William Taylor and Canellum Taylor.
Jeremiah Taylor appears to have been the wealthiest member of the family in
Smith County in 1820, judging by the number of slaves he owned. The family came
from Virginia to Smith County in its early history.
Richard Brittain is next
in the list. He resided on the main
Goose Creek, not far from the present Linville's Shop. He is supposed to have
been the son of Nathaniel Brittain, who was one of the earliest members of
Dixon's Creek Baptist church. He was the man who "lent his mare to run in
a course race," and was "churched" for same. This occurred about
150 years ago. The Brittains were great lovers of fine horses and kept a number
of race horses on hand a century and a half ago. Nathaniel Brittain was a
member of the Court in 1802. This family either lived on the present Jim Tom
Cunningham farm or on the present George Burnley farm. We have asked for
something definite and there seems to be a difference of opinion as to which
was the original home of the Brittains. W. C. Brittain, one of our readers who
resides on Route one, Hendersonville, is a direct descendant of Nathaniel
Brittain and the love of fine horses still flows strongly through his veins.
( To be continued )