Transcribed By
Pamela Vick
December 21, 1950
* CAL’S COLUMN *
We
resume our report of the old records of the early Court of Smith County. The next item is: “Ordered that Benjamin
________ be appointed as Constable, who came into Court and gave securities
according to law, and took the necessary oaths.” This man’s last name is not known.
“William Marchbank’s stock mark, both ears cropped and a slit in the
right ear, ordered to be recorded.”
Here we have another name that is new in the old records. We have not the least idea who William
Marchbanks was or where he lived. His
stock mark is very well understood, meaning that the tip of each ear was cut
off, and that a slit was also made in the right ear. In our early day and time our own father, Thomas M. Gregory,
familiarly known to acquaintances as Dopher Gregory, used as his stock mark a
slit in the left ear.
“Ordered that a jury be appointed to view, mark and lay off a road from
where Russell’s Path crosses the river, near the mouth, to the nearest
settlement on Obed’s River. That
Charles Hudspeth, John Overturf, Samuel Doneley, and Sampson Williams view the
same and make a report thereof to our ensuing Court.” Here we have another item that is far from clear. First, we haven’t the slightest idea as to
where “Russell’s Path” was, or the man for whom it was named. The name of the river, near the mouth of
which Russell’s Path crossed the stream, is not given, but we suppose that it
was most probably Obed’s River, although the record does not say so in so many
words. However, we are quite sure that
part of the jury appointed lived at least in the vicinity of the mouth of
Obed’s River. This would indicate the
probability of the suggestion that it was Obed’s River.
“Ordered that Joel Dyer be allowed to build a mill on Peyton’s Creek on
his own land,” reads the last item of business considered or transacted by the
Court on Monday, June 16, 1900. There
is another place in which Joel Dyer, Jr. is referred to. We have some curiosity as to whether this
Joel Dyer who wanted to build a mill, was the Joel Dyer, Jr., referred to
earlier in the records. We do not know
positively where the Dyer mill was located, but there is a tradition that it
was built just below the present Graveltown, about two miles south of Pleasant
Shade. However, we do know this to be a
fact. That there are some stones in the
bed of the creek, or were in other years, that appear to have been placed there
as part of a dam for holding back the water in order to operate a mill. The only kind of mill, except some hand
mills, then known, were water mills.
Moreover the operation of any except a water mill, which had to use a
stream, would not have required the action of the County Court. A steam mill was unknown, and a gasoline
engine-powered mill was unheard of until more than a hundred years after Joel
Dyer was given a permit to operate a mill.
Joel Dyer was evidently the ancestor of the Dyer family of Macon and
Trousdale Counties of today. We still
have here in Macon County one man by the same name. He does not know much of his ancestry, and not as far back as 150
years ago. Elder John J. Dyer was one
of our Baptist ministers of other years.
He was born in Smith County on September 30, 1855, the son of Samuel and
Elizabeth Dyer, but we do not know who Samuel Dyer’s father was. The family is of Irish extraction.
“Court then adjourned until tomorrow morning, ten o’clock,” closes the
record for, that third Monday in June, seven score and ten years ago.
Tuesday, June 17,
1800
“Court met according to adjournment, the following Gentlemen being
present: (Viz) Garrett Fitzgerald, Tillman Dixon, James Hibbetts, Charles
Hudspeth and Peter Turney, Esquires.”
So reads the opening item. We
believe that we have already referred to the fact that Tillman Dixon lived just
below the present Dixon Springs, and who entertained the Court in his own home,
which is still standing. Garrett
Fitzgerald is supposed to have lived somewhere in the vicinity of the present
Celina, and so did Charles Hudspeth, from the best information now available to
the writer. James Hibbetts lived in the
vicinity of the present Hillsdale, and Peter Turney lived on the Young Branch
of Dixon’s Creek, about a mile and a half northeast of Dixon Springs, the farm
now being owned by Bud Garrett. Cal was
born about a mile and a half above the old Turney home. Evidently part of the Magistrates spent the
nights in the home of Dixon, at being an impossibility for Fitzgerald and
Hudspeth to ride to and from the place of the meeting of the Court each
day. Also it is probable that Hibbetts
spent the nights of the Court with Dixon, although he could have ridden
horseback to his home in a matter of two hours or more. Horseback traveling and on foot, or by wagon
or on the river then constituted the only ways of travel. Buggies were unheard of, and there were no
highways or what we today call a road.
But it was considered an insult not to ask a friend to “stay all night”
in pioneer homes. So we would guess
that Tillman Dixon and his fellow members of the Court spent the nights in the
Dixon home.
“Ordered that William Martin, George Strother and Robert Looney be
appointed as inspectors to the election of field officers.” Here we are again stumped, for we do not
know what a field officer in that day and time was. We would suppose that an inspector to an election would be one to
watch an election to see that it was carried out legally and correctly, but we
do not know. Any information will be
appreciated.
“Ordered that James Dobbins be allowed a permit to sell Spirituous
Liquors until next Court, also that he be forever exempted hereafter from paying
a poll tax.” Here we find another
reference to “Jeems” Dobbins. Where he
lived we do not know, but suppose he was most probably a resident of the
Peyton’s Creek section. It was not
considered any disgrace then to sell liquor nor to drink it. Even ministers of the Gospel drank a “social
glass” in most instances. When the
preacher arrived in a home at that distant day and time, the host would set out
the “jug” and glasses and the minister would drink a glass. But as early as 1840 it was beginning to be
considered wrong for a minister to take even a social drink. We base our idea on this point on an episode
that occurred at Dixon’s Creek Baptist church about 1840. The pastor then was Elder John Wiseman. One of the brethren of Dixon’s Creek church,
which is located only a about two miles from the old Dixon home, stated that he
had “smelt liquor on Brother Wiseman’s breath.” Whereupon certain loyal brethren decided that Brother ________
was talking about their pastor. He was
soon placed under a charge and his trial set.
When it became evident that the church was about to excommunicate the
member for lying on the pastor, the old minister, who was then about 60 years
of age, arose and said: “Brethren, the brother is correct in his charge that he
smelled liquor on my breath at the time stated by him. On that day as I was on my way to church
here, I did stop in Hartsville and take a drank.” Whereupon, it was moved to drop the charges against the
“offending brother” and to let bygones be bygones. But no charge was preferred against Elder Wiseman who held
membership in the Dixon’s Creek congregation.
Elder Wiseman was an able man, but customs then were not what they are
today and no disgrace was attached to a drink of liquor even by a preacher.
Just
why James Dobbins should be “forever hereafter exempted from paying a poll
tax,” is not set forth. But we see from
this that the poll tax is a rather old sort of means of raising revenue for
government, even if some think it is wrong.
“Deed,
450 acres, John Sevier and George Gordon to John McDaniel, acknowledged by
Gordon and proven by oath of John McDaniel as to Sevier, ordered to be
registered.” Here we have a reference
to the first Governor of Tennessee, John Sevier, but we do not have much
knowledge as to where this tract of land lay.
George Gordon, we presume to have been the man for whom Gordonsville, a
few miles south of Carthage, was named, or for one of George Gordon’s
descendants. We know that John Sevier
used to travel the old Fort Blount Road and that he and another man put up at
Turney’s one night more than 150 years ago.
This record we have somewhere, but do not recall exactly where it
is. The two men came through Cumberland
Gap, to Fort Blount, thence over the old Fort Blount road, which ran right in
the front of Cal’s childhood home, on to Turney’s. The next day they had to swim their horses over big Goose Creek,
which lies just east of the present Hartsville, and which heads, in part, at
the south side of our town of Lafayette.
While on the subject of the old Fort Blount Road, we might add that
Andrew Jackson was also a frequent traveler on this same pioneer trail or
trace. He also made it a custom to stop
over with a man who lived then on the site of the present Wade Smith home, some
75 yards northeast of the crossing of Toetown Branch, and about a mile west of
Pleasant Shade. We wish somebody could
give us a reasonably full list of those who traveled this road in the early days.
“Deed, 200 acres, John Sevier and George Gordon to George Smith,
acknowledged by Gordon and proven by the oath of John McDaniel as to
Sevier. Ordered to be registered.” Here we have another new name, that of
Gordon Smith, but we do not know who he was or where his land lay. We do know that Elder Malcolm Smith settled
in Smith County and on the waters of Peyton’s Creek four years before Smith
County was formed, that he was from Chatham County North Carolina. From whence Cal’s ancestors came to Peyton’s
Creek, the first of the number in the fall of 1791 and others during that
decade. Elder Malcolm Smith was a
Baptist preacher and was the ancestor of a long line of ministers of the same
faith. But we do not know who George
Smith was. Reader, can you enlighten us
on this point?
“Ordered
that all strays brought to the Court be put in a stray pen to be “shewn” to
them by Major Dixon, and there be kept agreeable to law.” Here we have record of some interest. In that day and time, there were hundreds of
thousands of acres of heavily timbered lands in Smith County. In these forests livestock were permitted to
run at large, generally bearing the registered stockmark of their owners. But sometimes they strayed to the lands of
others and it was necessary to have one specially appointed to round up stray
livestock, such as hogs, cows, and horses.
So then just below the present Dixon’s Springs 150 years ago was the
place for the gathering of all stray animals that could be rounded up. We know that some livestock like cows and
horses, attempted to return to their former homes in the older colonies or
States, thus leading to the possibility of straying far from home and perhaps
being claimed by others. We are
informed that “Teenie,” a cow brought to what is now Macon County by the Freeman
family, and kept here for months, attempted to return to Virginia and did make
the journey successfully. If our
information is correct, she failed to be on hand one morning at milking time. She did not return during the day. And weeks later the family here in Middle
Tennessee received a letter from their Virginia relatives stating that “Old
Teenie” had arrived there on a certain date.
This date was exactly ten days form the time she departed from her
Tennessee home. Thus the old cow,
“without chart or compass,” had gone through successfully a journey of hundreds
of miles, including the swimming of the Cumberland, and had evidently gone
straight back to her former home, as the time consumed was too short for her to
have deviated much from the route by which she had been brought to
Tennessee. Moreover, there was not much
time left for grazing, or she would not have made the journey in ten days.
While on the subject of stray livestock, we may add that in our
adjoining county of Clay in the early days, straying livestock is said to have
led to a bloody feud in which several persons lost their lives.
“Major Tillman Dixon’s stock mark, a slit in each ear, ordered to be
recorded.” Here we have a record for a
man’s waiting for quite a time after he arrived in the Cumberland Country
before he had his stock mark recorded.
Just why we do not know, but we suppose it was just carelessness, as
Major Dixon had been in the Dixon Springs section since 1792.
“Deed, Frances Cypert, Sr., to Francis Cypert, Jr., proven by the oath
of William Allen, one of the subscribing witnesses thereto. Ordered to be recorded.” Here we find mention of another new name,
that of Cypert. But this is all the
record we have of the family which has long since disappeared from this part of
Tennessee. One thing here appears,
which is that a family used a lot of the same given names. Cal’s grandfather was Stephen Calvin
Gregory. The grandfather had an uncle,
Stephen Gregory. Our own son is Leonard
Calvin Gregory, and we have a grandson, Thomas Calvin Gregory; and a nephew,
Hobart Calvin Gregory. This is one of
the means used to trace family history, the use of the same given names in
many, many instances. In our search
through the records for the Ballou family, from which we are descended on our
mother’s side, we found in a printed history of the family, 14 Leonard
Ballou’s. We knew Leonard Ballou,
former Dry Fork citizen, and we have given one of our boys the same name. Thus certain names run in certain family
history. In the Dyer family, as above
given, the name, Joel, as very familiar.
Caleb is a name given to the Fuqua family that runs far back, as is
Moses.
“Letter of attorney, Thomas Harris to Charles Harris, proven by the oath
of Ephraim Davidson, one of the subscribing witnesses thereto. Ordered to be recorded.” Here we have a record of what we would now
call a “power of attorney,” enabling one to sign certain legal papers for
another party, with full force of law as if the maker or signer of such papers
were himself present and acting in his own behalf directly. Who Thomas Harris or Charles Harris was, we
do not know. But there are numerous
Harris’s in the southeast corner of the present Smith County.
“Ordered that Grant Allen, Basil Shaw, William Walton and William
Saunders be appointed to take the testimony of Uriah Anderson, Charles Carter
and John Rains, to establish the claim of Elmore Douglas to a tract of land on
Dixon’s Creek, beginning at Williams Camp, runs up the east fork for Compliment.” So reads the last item we shall strive to
consider at the present time. We do not
understand quite all we would like to about the above item. Grant Allen lived at the mouth of Dixon’s
Creek, and the old church still on that stream was formed in his dwelling house
on March 8, 1800. Basil Shaw was the
county’s first Ranger, William Walton was the first permanent settler perhaps
in Smith County; and William Saunders was an early Dixon Springs settler. Uriah Anderson, the first of the family of
whom we have any record in the county, is another “unknown” to the writer. However, Cal’s great-great aunt, Dillie
Gregory, long years ago became the wife of Johnson Anderson. Charles Carter is, we believe, the first of
this family mentioned in the old records, and the same may also be said of John
Rains. Elmore Douglas is another we
have not been able to identify.
However, Thomas B. Douglas had before this time married a daughter of
our great-great-great-grandfather, Thomas Gregory, this woman being a sister of
old Bry. If Elmore Douglas was related
to Thomas B. Douglas, we do not know it.
This same woman had a sister who married Isaac George.
But
the land in dispute appears to have been located at the mouth of the Young
Branch of Dixon’s Creek, for its early name was “East Fork of Dixon’s
Creek.” Here the writer was born in
1891. Williams’ Camp is “unknown” to
us, but we do know that between the present home of Elder J. E. McDonald and
the mouth of the Young Branch, there use to be an old-fashioned “Camp Meeting”
ground. Since the land in dispute “runs
up the east for compliment,” we are quite sure the area is that now embraced in
part at least by the farm of Tom Phillips, formerly known as the Dave Merryman
place. Here we have the first reference
to that particular stream on which our early life was spent.
The
word, “compliment,” means complement or completion.