The court also “Ordered that Capt. John Patterson deliver unto John Halley a Certain Rifle Gun being the property of said John Halley.”
Some very serious difference or grave misunderstanding between the court and Mr. James Gibson must have occurred at the November term, 1780, or at some time previous, if the record left in reference thereto be correct—and who would doubt it? Whether or not the court intended to suppress freedom of speech generally, it must be admitted that its action toward Gibson would certainly tend toward suppressing the public expression of a want of confidence in the integrity of that court, and putting a stop to the practice of “throwing out speeches” against it. The record relates that—
James Gibson being brought before the Court, for throughing Out Speeches Against the Court, to-wit,—Saying that the Court was purjured and would not do Justice, and Other Glareing Insults. The Court On Considering the matter are of Opinion that the said James Gibson is guilty of a flagrant Breach of The peace & for the same and the glareing and Dareing insults offered to the Court do order that the said James Gibson be fined the sum of fifteen thousand pounds & that he be kept in custody until same is secured.
Gibson, as the record shows, secured the fine. It is not to be supposed that any of the “speeches” which he had been “throwing out” were made in the court room or in hearing of the court, because the record states that he was “brought before the court.” When and where he assailed this august body does not appear. This did not matter to them: their jurisdiction was as wide as the universe, and their power to punish him unquestionable, as they believed. The fine imposed on John Chisholm, a member of the court, for striking and beating Abram Denton out in the court-yard; the fine imposed on John Murphey, for “ill treatment” of his reputed father, no doubt at home; the order directing Capt. Patterson to deliver “unto John Halley” a gun decided by the court to be “the property of said John Halley”; the method employed to punish Gibson; the creation of a commission to determine in effect what money should or should not be a legal tender, as well as the other matters, hereafter to be related, to which they gave attention, show that this remarkable court had no idea of having its powers limited and defined or its jurisdiction circumscribed.
Only two orders of the May term, 1781, will be noticed. The first is, “Ord, that Saml Tate be fined the sum of ten thousand pounds[E] for a contempt of Court and that the Clerk issue F. Facious vs his estate for the same.” On a subsequent day of the term, the clerk acknowledges the receipt of the fine imposed on Tate. The other order is: “Ordered that Jesse Greer be fined the sum of One Hundred pounds for a Contempt offered to the Court &c in refusing to deliver unto the Widow Dyckes her property as Directed By Order of the Court.” Under their rules of practice, they did not require “the Widow Dyckes” to employ a lawyer and bring an action of replevin against Greer; they had heard the case at a former term “on motion,” without stating on the record who made the motion, and had directed Greer to deliver the property in question to the widow Dyckes, which he had refused to do. They did not require her to employ counsel to sue Greer and recover a judgment for the value of the property detained from her, issue execution, levy on and sell the property to satisfy the judgment; they made use of a much more direct method, by holding Mr. Greer liable for contempt, and resorting to their favorite mode of administering justice without delay—to-wit, “on motion” and “ordered.”
At the May term, 1782, nothing of any considerable consequence was done. The court “nominated and appointed John Sevier William Cocke and Valentine Sevier Commissioners of Confiscation for the year 1782, whereupon sd. Comr’s entered into bond with security for the sum of Fifteen Thousand pounds, Specie.”
The court, at this term, gave to a citizen who had evidently been “hiding out” permission to return to the settlements, as the following order shows:
On motion that Joshua Baulding should be admitted to come in and Remain henceforth peaceably in this County. On proviso, that he comply with the Laws provided for persons being inimical to the State and have Rendered Service that will expiate any Crime that he has been Guilty of inimical to this State or the United States. The Court on considering the same Grant the sd Leave.
This order, and others similar to it, which are not given place in this chapter, serve to establish beyond question the intense loyalty of the members of the court to “the common cause of liberty” (as the struggle of the Americans then going on against Great Britain was always designated), and also the vigilance with which they must have scrutinized the conduct of each individual. There can be no doubt that Baulding had fled and was hiding in the hills or mountains, and that he knew it would not be safe to return or “come in” without the permission of the court.
The August term, 1782, was one of the most memorable in the history of the court. It was a “Court of Oyer and Terminer & Genl. Gaol Delivery,” as well as for other county purposes. At this term it was presided over for the first time by a judge—“the Honl. Spruce McCay Esqr Present and Presiding.” He had the court opened by proclamation, and with all the formality and solemnity characterizing the opening of the English courts.