The Winning of the West, Volume 2: From the Alleghanies to the Mississippi, 1777-1783Roosevelt, Theodore
History
The Winning of the West, Volume 2: From the Alleghanies to the Mississippi, 1777-1783
Roosevelt, Theodore
Northwest, Old -- History; United States -- Territorial expansion; West (U.S.) -- History
During the two years of petty but disastrous Indian warfare that
followed the attack on Freelands, the harassed and diminishing settlers
had been so absorbed in the contest with the outside foe that they had
done little towards keeping up their own internal government. When 1783
opened new settlers began to flock in, the Indian hostilities abated,
and commissioners arrived from North Carolina under a strong guard, with
the purpose of settling the claim of the various settlers [Footnote:
Haywood. Six hundred and forty acres were allowed by preëmption claim to
each family settled before June 1, 1780; after that date they had to
make proper entries in the courts. The salt-licks were to be held as
public property.] and laying off the bounty lands, promised to the
Continental troops. [Footnote: Isaac Shelby was one of these
commissioners.] It therefore became necessary that the Committee or
Court of Triers should again be convened, to see that justice was done
as between man and man.
Internal Government.
The ten men elected from the different stations met at Nashborough on
January 7th, Robertson being again made chairman, as well as colonel of
the militia, while a proper clerk and sheriff were chosen. Each member
took a solemn oath to do equal justice according to the best of his
skill and ability. A number of suits between the settlers themselves
were disposed of. These related to a variety of subjects. A kettle had
been "detained" from Humphrey Hogan; he brought suit, and it was awarded
him, the defendant "and his mother-in-law" being made to pay the cost of
the suit. A hog case, a horse used in hunting, a piece of cleared
ground, a bed which had not been made according to contract, the
ownership of a canoe, and of a heifer, a "clevis lent and delayed to be
returned"--such were some of the cases on which the judges had to
decide. There were occasional slander suits; for in a small backwoods
community there is always much jealousy and bitter gossip. When suit was
brought for "cattle won at cards," the committee promptly dismissed the
claim as illegal; they evidently had clear ideas as to what was good
public policy. A man making oath that another had threatened his life,
the latter was taken and put under bonds. Another man produced a note of
hand for the payment of two good cows, "against John Sadler"; he "proved
his accompt," and procured an attachment against the estate of "Sd.
Sadler." When possible, the Committee compromised the cases, or advised
the parties to adjust matters between themselves. The sheriff executed
the various decrees, in due form; he arrested the men who refused to pay
heed to the judgments of the court, and when necessary took out of their
"goods and chattles, lands and tenements," the damages awarded, and also
the costs and fees. The government was in the hands of men who were not
only law-abiding themselves but also resolute to see that the law was
respected by others.
Public-domain text, read in full here on John Shaqi.
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