Transcribed by Melody Carter
October 30, 1952
* CAL’S COLUMN *
We return to the
publication of the old records of the County Court of Smith County this
week. The time is Tuesday, June 22,
1802, slightly more than 150 years ago.
The place is at or near Dixon’s Springs. The following items in quotation marks make up such of the
records as we wish to consider this week.
“Court met according to
adjournment. Members present: James
Gwinn, Elmore Douglass, John Looney and William Kavanaugh, Esquires.”
We have no definite
knowledge of the home of James Gwinn.
Elmore Douglass was a military officer of Davidson County in* 168 years ago, having been sworn in as
an Ensign on Jan. 6, 1784, Davidson County having been the first county formed
in Middle Tennessee. Wilson County came
into existence in 1799, and Elmore Douglass was a member of its first Quarterly
Court and Court of Pleas. Later it
appears that he either moved into the south side of the present Smith County or
the county was enlarged so as to include the eastern part of the original
Wilson County in Smith. At the time of
the Court’s meeting in 1802, it is believed that he resided in the present
South side of Smith County.
John Looney is one member
of whom we know virtually nothing.
There is some indication that he once lived not far east of the present
Lafayette, but this is not confirmed.
Two men of the same family name, Moses Looney, and David Looney, lived
in Sullivan County in East Tennessee as early as 1780. But we have no knowledge of whether John was
related to either of the men. In
Febuary, 1780 the Sullivan County Quarterly Court met in the home of Moses
Looney, and David Looney was a member of that Court. Governor Caswell appointed David Looney as a Magor* on Nov. 19,
1799. David Looney also voted for the
formation of the State of Franklin, which vote is supposed to have been taken
at Jonesboro, Tenn., in August, 1784.
David Looney was also a member of Tennessee’s first House of
Representatives, serving as such from Sullivan County. If any reader of the paper can supply additional
information as to John Looney, where he lived, who any of his descendants are
and etc., please let us know.
William Kavanaugh, the
fourth-mentioned member of the Court lived somewhere in the south side of the
present Smith County from the best information available.
“Deed 100 acres, Charles
Kavanaugh to William Neal, acknowledged.”
Charles Kavanaugh was, we believe, a brother of William Kavanaugh, and
lived 150 years ago not far from William’s home. Charles Kavanaugh was a member of the first Quarterly Court of
Wilson County, formed in 1799. We do
not know if these names were of the same man, but spelled differently. It is our opinion that Charles Kavanaugh of
the Smith County Court in 1802, was the Charles Cavanaugh, a member of the first
County Court of Wilson County. Charles
Cavanaugh was the chairman of that first Court in Wilson County. We have no knowledge of William Neal, but
suppose that he was the ancestor or at least a relative of the Neal family that
still lives in the south side of the present Smith County.
“Deed, Thomas Hickman to
Henry Moore, proven by the oath of Charles Kavanaugh, one of the subscribing
witnesses thereto.” The amount of land
involved is not given. It is the
writer’s opinion that all the parties mentioned in this item lived a century
and a half ago in the south side of the present Smith County. And I may say that the same holds for the
next items which are as follows:
“Deed, 100 acres Thomas
Hickman to George Tinkle, proven by the oath of Charles Kavanaugh, one of the
subscribing witnesses.”
“Deed, 20 acres (J)*ohn
Barker to William Neal, proven by the oath of Charles Kavanaugh, one of the
subscribing witnesses thereto.”
We have no information as
to Thomas Hickman. Edmond Hickman was
an early surveyor in Tennessee, and was killed by the Indians on Piney Creek in
the present Hickman County, Tennessee.
This occurred in 1785. We do not
know if Thomas Hickman was related in any way to Edmond Hickman. There was also a settlement here in Middle
Tennessee known as Hickman’s Station, but we do not know the name of the man
for whom the station was named. It was
at Hickman’s Station a Miss McGaughy was killed by Indians in the year 1788. There is also a creek in Smith County, known
as Hickman Creek, but we are not told for whom the stream was named. The present town of Hickman, we suppose was
named for the creek on which it is located.*
Henry Moore, mentioned in one of the land deals, is also another of whom
we know nothing. George Tinkle is one
of whom we know nothing, never before seeing the name “Tinkle,” nor have we
ever heard of such a name.
John Barker, named in the
last item above given is wholly unknown to the writer.
“Deed, 200 acres, John
Irwin to Joel Holland, proven by the oath of James Gwinn, one of the
subscribing witnesses thereto.” There
was a John Irwin who was chosen as a member of a people’s committee in
Washington County, in East Tennessee in 1784, with a view to the formation of
the State of Franklin. But we do not
know if this John Irwin who sold land in Smith County 150 years ago, was the
Washington County citizen of 18 years before.
We have no information (on)*
Joel Holland, but suppose he was a relative or the ancestor of the present
Holland family in the present Macon County.
We presume that the land referred in the Irwin-Holland deal lay in the
vicinity of Goose Creek which stream rises on the very outskirts of Lafayette
on the South.
“Deed, Henry Tooley to John
Barkley, 328 acres, acknowledged.”
Henry Tooley had come to Smith County, Tenn. from North Carolina, about
the beginning of the century. He was a
prominent man and shortly after he arrived in Smith County, he became a member
of the County Court. He and all his
offspring of the name Tooley had left Smith County when the census was taken in
1820, for there is not a Tooley name in the census records of Smith County for
1820. He lived at the rear of the
present Riddleton and owned a lot of land.
A bend in the River was once known as Tooley’s Bend. We have no information on John Barkley.
“Deed, 10 acres, Henry
Tooley to John Barkley, acknowledged,” No comment.
“Peter Turney, Esq.
produced a Commission from his Excellency, Governor Roane, wherein the said
Turney is appointed Entry Taker pro-tempore, who gave security and took the
following oath: viz. I, Peter Turney, do swear that I will well and truly
perform all the duties of Entry Taker in and for the county of Smith, agreeable
to law during my continuance in office, to the best of my knowledge and
belief. Peter Turney, Sampson Williams,
Attest.”
This item is not quite
clear. We would suppose that an entry
taker was an official charged with keeping a record of all entries of land,
together with the bounds of such lands; but this is merely a supposition. The writer is subject to correction at any
time when he is in error on the old records.
“Ordered that the Grand
Jury be discharged from further attendance at this term.” No comment.
“The Court agrees to
adjourn this Court to met* at the dwelling house of William Walton at their
next term, and ordered same to be entered of record.” The Court of which we are making a report, was held in the home
of William Saunders, near Dixon Springs.
Now it is agreed to hold the next term in the home of William
Walton. Walton lived in the present
Carthage, so we are informed. This
would indicated that no Court had previously been held in Carthage, and we
believe this to be correct. William
Walton was a relative of the Walton family now residing in Macon County if we
are rightly informed. The writer’s wife
is a descendant of an early Walton who lived near the present Lafayette.
“Ordered that a County tax
of 6 1/4 cents be laid on each 100 acres of land, a tax of 6 1/4 cents on each
poll and a tax of 25 cents on each stud horse, to be ‘layed’ for the present
year.”
Here we have some early tax
figures, which indicate that taxes amounted to virtually nothing in Smith
County 150 years ago. A man with a thousand-acre
farm at the rate, would have paid only 64 cents county tax on the same. A poll tax of 6 1/2 * cents was also quite
low. The “Stud horse” was worth 600
acres of land.
“Court adjourns till
tomorrow, nine o’clock.”
Thus closed the work of the
Court on Tuesday, June 22, 1802.
(To be continued)
*the word “in” appeared in the original text but most likely needs to
be of.
*the “J” in John was omitted in the original text
*in the original text, it was written, “ We have no information Joel
Holland, but......
*Magor appeared in the original text but was most likely a typo for
Mayor.
*The original text says,”The present town of Hickman, we suppose was
named for the creek on which is
located.”
* the word “met” appears in the original text but “meet” most likely is
the word meant to be used.
* 6 1/4 cents is used in the first mention of the poll tax, 6 1/2 cents
is used in the writer’s explanation of
the poll tax.