Transcribed By
Pamela Vick
September 7, 1950
Cal
has lately been doing some research work that brought to light a lot of
information about the early County Court meetings of Smith County, from which
Macon, in part, was formed more than 100 years ago. All the east half of Macon County was once a part of Smith
County. Since the early records of
Smith County have been largely preserved, it is presumed that quite a lot of
our Macon County readers will be interested in learning of events that affected
at least half the county from 1799 to the year 1842, when Macon became a
separate county. In our write-up of the
old records of the meetings of the Quarterly Court of Smith County, we plan at
this time to place the various items from the records in quotation marks, to be
followed with some of Cal’s remarks.
It
should be remembered that Smith County when formed in 1799, extended from the
Kentucky line on the North to Alabama on the South. Toward the west it joined Sumner County, which was formed a few
years earlier than Smith. On the east,
it is supposed to have joined one of the East Tennessee counties. In other words, Smith County, at its
beginning, embraced most of the Cumberland Mountain area in Tennessee and the
hills and valleys of all the counties that lie along the western border of the
Cumberlands.
Davidson County was formed in 1783; Knox, in 1792; Sumner, 1786; and
Wilson, in 1799. This would signify
that the east border of Smith County when it was formed 151 years ago was Knox
County; and that the western border was Sumner County and perhaps Wilson.
The
exact date of the formation of Smith County is not known, the year having been
1799. But the first session of
Quarterly Court convened in the home of Capt. Tilman Dixon, just below the
present Dixon Springs, on Monday, Dec. 16, 1799. Dixon had arrived in the Dixon Springs section in the late
1780’s. For him the Creek near his home
was named. His old home, the very
building in which the County Court of 1799 met, still stands. But later two brick rooms were added. This is the large old house about a quarter
of a mile below Dixon Springs. If these
old log walls could speak and tell of the events of the past century and a half
of time, what a tale they would unfold.
It has been said that one of the future kings of France once slept in
this old house, that he had to sleep in the bed with one of the boys in the
home.
The
records of Smith and Sumner Counties have been largely preserved, and they form
a valuable insight into conditions of long ago. We are sad when we think that Macon County records, which should
go back to the formation of the county in 1842, were nearly all burned and that
our records go back, for the most part, to only 1905. Courthouses used to burn down now and then, and destroy all the
records that could not be saved from such burning structures. We wish that all our county records had been
preserved, but this cannot be.
“Smith County Minute Book, 1799-1804 and 1835. State of Tennessee, Smith County, December 16th, 1799--Then the
following persons: viz. Garrett Fitzgerald, William Alexander, James Gwinn,
Tilman Dixon, Thomas Harmon, James Hibbetts and Peter Turney, Esquires, being
convened at the dwelling house of the said Tilman Dixon, publicly took the oath
to support the Constitution of the United States of America. Also the oath to support the Constitution of
the State of Tennessee, also the oath of office which is prescribed by law to
be taken by a Justice of the Peace and a Justice of the County Court of Pleas
and Quarter Sessions, which several oaths were administered to the above
persons by Moses Fisk. After which the
same oaths were administered to the said Moses Fisk by the said
Fitzgerald. Then by the unanimous vote
of the Justices thus in Court Assembled, the said Garrett Fitzgerald, Esquire,
was chosen as Chairman of the said County Court of Pleas and Quarter Sessions
for the said County of Smith.”
Above is the very first paragraph of the record of the work of the
County Court of Smith County. We have
no knowledge thus far in the record as to the various districts or sections
from which these Magistrates had come.
Garrett Fitzgerald may have been the ancestor of the Fitzgerald family
now in Clay County, but we do not know this.
William Alexander was very probably an early settler in the Dixon
Springs section, but we do not have proof as yet on this point. James Gwinn, so far as his home or section
he represented is concerned, is unknown.
Tilman Dixon was for many years a leading citizen of the Dixon Springs
section and was a large landowner and slave owner. We have no information at this time as to who Thomas Harmon
was. We find his name in the old
records spelled in various ways.
Harmond is one variation. James
Hibbetts was probably the man for whom our Hibbett’s Gap was named. This Gap is between the head of Dog Branch
and Pumpkin Branch, and is about eight miles southeast of Lafayette. We do not know positively about this place
being named for Squire Hibbetts, but we are merely supposing that it was
possible.
Peter Turney is said to have lived on what is now called the Young
Branch of Dixon’s Creek, at the place on which Bud Garrett lives at this time,
but he may have been a resident of some other section of Middle Tennessee at
the time the Court met in Squire Dixon’s home.
This man Turney was the ancestor of the Governor Turney of later date.
It
will be noted that there was no person present who had authority to administer
an oath, so far as is shown. But this
difficulty was overcome by having one man administer the oath to the others,
one of whom then administered the oath to the “first administer.” As to Moses Fisk, we know nothing. We wonder if he was not the ancestor of Bill
Fiske, who lived for many years at Celina and who founded the paper known as
“Bill Fiske’s Bugle.” Pioneers were not
very particular as to how they spelled the other fellow’s name. So the Fisk of 1799 might be the ancestor of
the Fiskes of the 19th and 20th century.
There was another variation in the spelling of the name of Squire
Hibbetts. In one place in the old
records the name is spelled Hibets. In
another it is Hibbits. So variations in
spelling ought not to cause confusion in tracing family history. We are giving these surmises in the hope
that others better informed than Cal may give us additional light. If any reader has additional knowledge as to
the descendants of the above early Squires of Smith County, let us know and we
shall be glad to publish same.
The
next item in the old records is as follows:
“Moses Fisk was appointed Clerk pro tempore.”
The
word, “tempore,” is incorrectly spelled in the record, but we know that it
meant temporary clerk in the above case.
We presume that the old record for one day was written by him. Many of the old-timers were pretty fair
penmen and some of them were experts.
But time has faded the paper and ink until it is nearly impossible to
read these old records for any great length of time without doing damage to
one’s eyesight. As we peruse these old
records, we see one reason why records should be clearly and legibly written.
The next item is: “William Walton, Esquire,
then came into Court and the oaths before mentioned were administered by the
Chairman.” William Walton is said to
have been the man for whom the old Walton Road was named. It came down from Cumberland Mountains by
way of Snow Creek to Carthage and thence to Dixon Springs. It is known till today as the Walton
Road. William Walton is believed to
have been the first permanent settler in what is now Smith County, having
established a pioneer home in 1786 where Carthage now stands. He was a prominent man for many years. He is believed to be the ancestor of the
numerous Waltons now living in Macon County.
The
very first settlers in what is now Smith County are said to have come from
Virginia by way of Cumberland Gap, to have crossed the Cumberland River at the
present site of old Fort Blount, and to have settled on the lower end of Turkey
Creek, which is the first stream flowing into the Cumberland from the North
side of the River, above Carthage. Near
the mouth of this short creek of only about three miles in length, these early
settlers are said to have built cabins, dug cellars and perhaps made one or two
crops. But their location is reported
to have been unhealthy and that chills and malaria fever were so bad that it
was decided to abandon the location and to return to Virginia. They are said to have abandoned their
cabins, perhaps left part of their number in new-made graves, to have loaded
their meager belongings onto pack horses and to have set out on the return trip
to Virginia. The story is told that at
Fort Blount they met friends and relatives in rather large numbers who were
emigrating to one of the points much farther West than Middle Tennessee. Abandoning their plans to return to
Virginia, these first, if temporary, settlers in Smith County joined their
Virginia friends, relatives and acquaintances and moved toward new homes in
sections far west of Smith County, Tenn.
It would perhaps be impossible to find documentary proof of all the
above statements, but these are the reports brought down by tradition from that
day and time some 170 years ago. Signs
on lower Turkey Creek of the old cellars are reported to be seen even till
today on the site of the early location.
The
next item from the old records is as follows: “Amos Lacy was then appointed
Constable pro tempore.” So Smith
County’s first Constable was Amos Lacy, a name that is now “extinct” so far as
we have any record in Smith County. We
believe there are numerous other records of Amos Lacy in the old minutes of the
County Court and later investigation may present more facts.
The
next item left on record by the Clerk of 151 years ago is: “The Court then
adjourned till Tuesday morning at ten o’clock.” Thus ends the day’s work for the early Magistrates of the once
large and widespread pioneer county of Smith, which some say was named for
Daniel Smith and others say Malcolm Smith.
We do not know which is correct.
Any light on this point will be gratefully received.
The
next item reads: “Tuesday, Dec. 17th, 1799.
The Court met according to adjournment and proceeded to appoint Sampson
Williams to be the Clerk off the said Court; John Martin, Sheriff of Smith
County; and Charles F_____ Mabias (or Mobias), Coroner of said County.”
Sampson Williams is supposed to have lived either on Defeated Creek or
near the lower end of Salt Lick of Cumberland.
The cross roads on Defeated Creek was known for many, many years as
Williams Cross Roads, and there are or were many persons of this name residing
in the Difficult section in the writer’s early manhood. On the other hand, we know that there was
once a town near the River between the mouth of Salt Lick Creek and the Old
Fort Blount river crossing, known as Williamsburg, and which was the county
seat of Jackson County for some years.
We have seen the old log jail at Williamsburg and presume that it is
still standing. Anyway, Sampson
Williams relieved the temporary clerk, Moses Fisk, of his duties and became the
first regular Clerk of the Court. We do
not know who John Martin was, but presume that he was a relative or perhaps a
brother of William Martin, who was one of the early settlers on Dixon’s Creek
and a leader in the work of the old Dixon’s Creek Baptist church. However, we want to be corrected if the two
were unrelated.
Coroner Mobias or Mabias, it is hard to tell which spelling is intended,
filled an important office in the wild times of the early history of
Smith County; when violent deaths were virtually every day occurrences and
someone in authority had to pass on the cause of death of those who were found
either dead or murdered. We have no
record of any of his descendants, that is, not now available. In other words we know of no family now
living that has the name, Mobias or Mabias.
“The said Sampson Williams then entered into bond with Tilman Dixon and
Garrett Fitzgerald, his securities, in the penal sum of ten thousand dollars
for the faithful discharge of the duties of his office. And also took the oath of office in open
Court,” reads the next item in the old faded records. So Williams had to make what was then a “stiff bond” for the
discharge of the duties of his office, as ten thousand dollars then would be
equal to perhaps $200,000. Another thing
is quite evident, and that is that Tilman Dixon and Garrett Fitzgerald had the
utmost confidence in Williams, that they were men of wealth for that day and
time and that Williams himself undoubtedly must have stood very high in the
matter of honesty, ability and integrity.
The
next item is as follows: “Letters of attorney, Elizabeth Young to William
Marchbanks, proved by the oath of John Young, one of the witnesses.” We suppose this was what we call today, “a
power of attorney,” which enables one person to act for another in the absence
of the maker of the power of attorney, with the same force and authority as if
the maker were present and doing these things for himself in person. Who Elizabeth Young or William Marchbanks
was, we do not know, but perhaps some reader may have some light to shed on
this woman, the first mentioned in the records of the County Court. The name, Marchbanks, appears elsewhere on
some early records, if our memory serves us right; but we know of no person
today bearing his name. The same line
of thought also applies in so far as any history of his life is concerned.
Next week we hope to resume where we are leaving off this work. If readers like the old records and our
comments on the various points involved, we shall be glad to hear from
you. If any reader can shed light on
the descendants of any of the parties mentioned in this article, please feel to
write us. We believe that the people of
rural sections of Tennessee have been entirely too indifferent about their line
of family descent and that we ought to strive to know more about our
ancestors.