In November, 1777, the assembly of North Carolina erected the District of Washington into Washington county, which included the whole of what is now the state of Tennessee. This was the first territorial division in the United States named in honor of George Washington. The Governor of North Carolina appointed justices of the peace and militia officers for this county, who, in February, 1778, met and took the oath of office, and organized the new county and its courts. Thereupon, the first “free and independent government” formed and put into operation in America was no more, the jurisdiction and authority of the five commissioners having, by their own consent and that of the people, been superseded by the newly appointed authorities. The first written instrument, paper or record authoritatively made in the organization of what is today the judicial, political, civil and military existence of the state of Tennessee, is in the office of the county clerk at Jonesboro, and is in the words and figures following:
FEBRUARY COURT 1778
The oaths of the Justices of the peace melitia & for officers There Attestments, &c,
Washington County, I A. B. do solemnly swear that as a Justice of the peace, and a Justice of the County Court of pleas, & Quarter Sessions in the County of Washington, in all articles in the Commission to me directed. I will do equal Right to the poor and to the Rich to the Best of my Judgment and according to the Law of the State. I will not privately or Openly by my-self or any other person, be of Council in any Quarrel, or Suit, depending Before me, and I will hold the County Court, and Quarter Sessions of my County, as the Statue in that case shall and may direct.
The fines and amerciaments that shall happen to be maid and the forfeitures that shall be incurred I will cause to be duly entered without Concealment. I will not wittingly or willingly take by myself or any Other Person, for me, any fee, Gift, Gratuity, or reward whatsoever for any matter or thing by me to be done, By virtue of my office except such fees as are or may be directed or Limited by statue, but well and truly I will do my office, of a Justice of the peace as well within the County Court of pleas, and Quarter Sessions as without. I will not delay person of common Right, By reason of any Letter, or order from any person or persons in authority to me directed, or per any other Cause whatever, and if any Letter or Order Come to me, contrary to Law I will proceed to Inforce the Law, such letter or Order notwithstanding. I will not direct or cause to be directed any warrent by me to be maid to the parties. But will direct all such Warrants to the Sheriff or Constable of, the County or Other the Officers, Of the State or Other Indiferant person to do execution Thereof, and finally, in all things belonging to my office, during Continuation therein will faithfully, Truly and Justly according to the best of my (Jud) skill and Judgment do equal and Impartial Justice to the Public and to Individuals, So help me God. Jas, Robertson, Valentine Sevier, John Carter, John Sevier, Jacob Womack, Robert Lucas, Andr, Greer, John Shelby Jr, George Russill, William Been, Zacr. Isbell, Jno McNabb, Tho, Houghton, William Clark, Jno McMaihen, Benjamin Gist, J. Chisholm, Joseph Wilson, William Cobb, James Stuart, Michl, Woods, Richd. White, Benjamin Wilson, Charles Roberson, William McNabb, Thos Price, Jesse Walton.
This oath has a deep and significant meaning, in view of the practices which had characterized the administration of justice by British officials. It is worthy of note that this oath, so full and specific in detail, did not bind those who took it to allegiance either to the state or the colony of North Carolina, or to the United States of America. It did bind them, however, to be honest, just and faithful to the people; it did bind them to “do equal right to the poor and to the rich”; it did bind them not to make suggestions or give counsel in any quarrel or suit pending before them, not to delay any person in obtaining justice, not to allow outside influence to dictate or control their actions, not to accept any fee, gift, gratuity or reward whatsoever for any matter or thing by them to be done, except the compensation allowed by law; to keep an account of fines and to enter them without concealment; and, finally, to “do equal and impartial justice to the public and to individuals.” This oath was not merely administered to them in the modern, perfunctory way, as “You do solemnly swear,” etc. They took it, repeated it after the officer, and signed it.
The new order of things was an innovation on the former simple, direct and expeditious way of administering justice; but the five “committeemen” were also members of the new court, and methods were not very materially changed, as the records of the clerk’s office at Jonesboro will show. They took jurisdiction of all matters relating to the public good, and disposed of all questions summarily, as will be more fully and particularly shown in another chapter.
Whenever a stranger appeared in the settlements, and gave his name as William Morningstar, Samuel Sunshine or Walter Rainbow, he would not be there long before he would be waited upon by a committee, one of whom would say to him: “Look here, stranger, we have examined the book of Genesis from end to end since you came here, and we can’t find the name of your ancestors. We think that you have got another name, and that you stole a horse somewhere and have run off. You must leave this settlement before night, or we’ll hang you!” Such frank treatment was invariably effective: its object was sure to heed the warning and to disappear before sunrise the next morning.
About this time a vigorous and ambitious young man left the city of Philadelphia for the wilds of the southwest. His mind was stored with the rich intellectual treasures of old Princeton, then under the presidency of the father of Aaron Burr. He walked, driving before him through Delaware and Maryland, over the Alleghanies and across Virginia, his “flea-bitten grey,” burdened to the utmost capacity with a huge sack of books. These classics were the nucleus of the library of an institution of learning yet unborn. After a fatiguing journey through a large portion of territory, with only obscure paths through gloomy forests for a highway, this devout and dauntless adventurer halted among the settlers whom I have been describing. Soon thereafter, the first church—a Presbyterian—and the first institution of learning that were established west of the Alleghanies were founded. These were “Salem Church” and “Washington College,” both established in the year 1780, eight miles southwest of the seat of the present town of Jonesboro—the college being the first one in the United States that honored itself by assuming the name of the Father of his Country. It is stated as a fact that, long prior to the late war, twenty-two members of the Congress of the United States had received or completed their education at Washington College, under this pioneer in letters and religious training, whose achievements constitute the jewels of our early literary and moral history. This man was Rev. Samuel Doak, D.D. Though he left a deep and indelible impress on the civilization and the literature of the Southwest, he sleeps today, amid the scenes of his successful earthly labors, with only a simple and fast crumbling memorial to mark the hallowed sepulchre of his silent dust.
