The Territory South of the River Ohio, more commonly known as the Southwest Territory or the old Southwest Territory, was an

organized incorporated territory of the United States The territory of the United States and its overseas possessions has evolved over time, from the colonial era to the present day. It includes formally organized territories, proposed and failed states, unrecognized breakaway states, internatio ...

that existed from May 26, 1790, until June 1, 1796, when it was admitted to the United States as the State of

Tennessee Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...

. The Southwest Territory was created by the Southwest Ordinance which was similar to the previous two ordinances passed by the

Confederation Congress The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States from March 1, 1781, until March 3, 1789, during the Confederation ...

for the parallel establishment and development of the old

Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from part of the unorganized western territory of the United States after the American Revolution. Established ...

of 1786–1803. It pertained to lands situated north of the

Ohio River The Ohio River () is a river in the United States. It is located at the boundary of the Midwestern and Southern United States, flowing in a southwesterly direction from Pittsburgh, Pennsylvania, to its river mouth, mouth on the Mississippi Riv ...

, around the

Great Lakes The Great Lakes, also called the Great Lakes of North America, are a series of large interconnected freshwater lakes spanning the Canada–United States border. The five lakes are Lake Superior, Superior, Lake Michigan, Michigan, Lake Huron, H ...

and extending west to the

Mississippi River The Mississippi River is the main stem, primary river of the largest drainage basin in the United States. It is the second-longest river in the United States, behind only the Missouri River, Missouri. From its traditional source of Lake Ita ...

. The lands of the Territory were taken from western areas beyond the mountains of the

Commonwealth of Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

(later to be separated and erected into the new 15th

state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

of the Commonwealth of Kentucky.) Western lands were also ceded by the

state of North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

from lands of the Washington District that had been already ceded to the U.S. federal government by

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

. The territory's first—and only—appointed governor for its existence was William Blount, and the appointed secretary of the territory was Daniel Smith. Both were appointed by President

George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...

. The establishment of the Southwest Territory followed a series of efforts by North Carolina's

trans-Appalachia Trans-Appalachia is an area in the United States bounded to the east by the Appalachian Mountains and extending west roughly to the Mississippi River. It spans from the Midwest to the Upper South. The term is used most frequently when referring to ...

n settlers to form a separate political entity, initially with the Watauga Association, and later with the failure of the additional proposed western

State of Franklin The State of Franklin (also the Free Republic of Franklin, Lost State of Franklin, or the State of Frankland) was an unrecognized proposed U.S. state, state located in present-day East Tennessee, in the United States. Franklin was created in ...

. North Carolina ceded these lands in April 1790 as payment of obligations owed to the new central federal government. It was also along with the intention, that when the previous governing document for the newly independent United States of the Articles of Confederation and Perpetual Union which were drawn up in 1776–1778 and adopted unanimously finally in 1781, that the territories west of the

Appalachian Mountains The Appalachian Mountains, often called the Appalachians, are a mountain range in eastern to northeastern North America. The term "Appalachian" refers to several different regions associated with the mountain range, and its surrounding terrain ...

would be ceded to the

, to be held in trust for all of the original Thirteen States, in order to settle and create in the future of new federal territories and states to be admitted to the Union on an equal basis and status. The Southwest Territory's residents welcomed the cession, believing the federal government would provide better protection from native Indian hostilities. The federal government paid relatively little attention however to the territory, increasing its residents' desire for full statehood and admittance to the federal Union. Along with Blount, a number of individuals who played prominent roles in early Tennessee history served in the old Southwest Territory's administration. These included

John Sevier John Sevier (September 23, 1745 September 24, 1815) was an American soldier, frontiersman, and politician, and one of the founding fathers of the State of Tennessee. A member of the Democratic-Republican Party, he played a leading role in Tennes ...

, James Robertson, Griffith Rutherford, James Winchester, Archibald Roane, John McNairy,

Joseph McMinn Joseph McMinn (June 22, 1758 – October 17, 1824) was an American politician who served as the fourth Governor of Tennessee from 1815 to 1821. A veteran of the American Revolutionary War, American Revolution, he had previously served in the leg ...

and General and future seventh

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...

Background

During the colonial period, land that would become the Southwest Territory was part of

land patent A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publi ...

. The

Blue Ridge Mountains The Blue Ridge Mountains are a Physiographic regions of the United States, physiographic province of the larger Appalachian Highlands range. The mountain range is located in the Eastern United States and extends 550 miles southwest from southern ...

, which rise along the modern Tennessee-North Carolina border, hindered North Carolina from pursuing any lasting interest in the territory. Initially trade, political interest, and settlement came mostly from

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

and

South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...

, though refugees from the Regulator War began arriving from North Carolina in the early 1770s. The Watauga Association was a semi-autonomous government created in 1772 by frontier settlers living along the Watauga River in what is present day Elizabethton, Tennessee. The colony was established on

Cherokee The Cherokee (; , or ) people are one of the Indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern ...

-owned land in which the Watauga and Nolichucky settlers had negotiated a 10-year lease directly with the Indians. Fort Watauga was established on the Watauga River at Sycamore Shoals as a trade center of the settlements. In March 1775, land speculator and North Carolina judge Richard Henderson met with more than 1,200 Cherokees at Sycamore Shoals. Included at the gathering were Cherokee leaders such as Attacullaculla, Oconostota, and Dragging Canoe. The meeting resulted in the " Treaty of Sycamore Shoals", in which Henderson purchased from the Cherokee all the land situated south of the

and lying between the

Cumberland River The Cumberland River is a major waterway of the Southern United States. The U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed June 8, 2011 river drains almost of southern Kentucky and ...

, the

Cumberland Mountains The Cumberland Mountains are a mountain range in the southeastern section of the Appalachian Mountains. They are located in western Virginia, southwestern West Virginia, the eastern edges of Kentucky, and eastern middle Tennessee, including the ...

, and the Kentucky River. This land, which encompassed roughly 20 million acres (80,000 km²), became known as the Transylvania Purchase. Henderson's land deal was found to be in violation of North Carolina and Virginia law, as well as the

Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by British King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The ...

, which had prohibited the private purchase of American Indian land. Both North Carolina and Virginia considered the trans-Appalachian settlements illegal, and refused to annex them. Nevertheless, at the onset of the American War for Independence in 1776, the settlers, who vigorously supported the Patriot cause, organized themselves into the "Washington District" and formed a committee of safety to govern it. In July 1776, Dragging Canoe and the faction of the Cherokee opposed to the Transylvania Purchase (later called the Chickamaugas) aligned with the British and launched an invasion of the Watauga settlements, targeting Fort Watauga at modern Elizabethton and Eaton's Station near modern Kingsport. After the settlers thwarted the attacks, North Carolina agreed to annex the settlements as the Washington District. In September 1780, a large group of trans-Appalachian settlers, led by William Campbell,

and

Isaac Shelby Isaac Shelby (December 11, 1750 – July 18, 1826) was an American politician and military officer who was the List of governors of Kentucky, first and fifth Governor of Kentucky and served in the state legislatures of Virginia and North Ca ...

, assembled at Sycamore Shoals in response to a British threat to attack frontier settlements. Known as the Overmountain Men, the settlers marched across the mountains to South Carolina, where they engaged and defeated a

loyalist Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cr ...

force led by Patrick Ferguson at the Battle of Kings Mountain. Overmountain Men would also take part in the Battle of Musgrove Mill and the

Battle of Cowpens The Battle of Cowpens was a military engagement during the American Revolutionary War fought on January 17, 1781, near the town of Cowpens, South Carolina. American Patriot (American Revolution), Patriot forces, estimated at 2,000 militia and reg ...

.U.S. National Park Service.
/ref> In 1784, North Carolina ceded control of the Overmountain settlements following a hotly contested vote. The cession was rescinded later that year, but not before some of the settlers had organized the

, which sought statehood.

was named governor and the area began operating as an independent state not recognized by the

Congress of the Confederation The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States from March 1, 1781, until March 3, 1789, during the Confederation ...

. Many Overmountain settlers, led by John Tipton, remained loyal to North Carolina, and frequently quarreled with the Franklinites. Following Tipton's defeat of Sevier at the "Battle of Franklin" in early 1788, the State of Franklin movement declined. The Franklinites had agreed to rejoin North Carolina by early 1789.

Territory formation

North Carolina ratified the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

on November 21, 1789. On December 22, the state legislature voted to cede the Overmountain settlements as payment of its obligations to the new federal government.Walter T. Durham, "The Southwest Territory: Progression to Statehood", ''Journal of East Tennessee History'', Vol. 62 (1990), pp. 3–17. Congress accepted the cession during its first session on April 2, 1790, when it passed "An Act to Accept a Cession of the Claims of the State of North Carolina to a Certain District of Western Territory".Walter T. Durham, "The Territory of the United States South of the River Ohio", ''Before Tennessee: The Southwest Territory, 1790–1796'' (Rocky Mount Historical Association, 1990), pp. 31–46. On May 26, 1790, Congress passed an act organizing the new cession as the "Territory of the United States South of the River Ohio", which consisted of modern Tennessee, with the exception of later minor boundary changes. However, most of the new territory was under Indian control, with territorial administration initially covering two unconnected areas—the Washington District in what is now northeast Tennessee, and the Mero District around Nashville. The act also merged the office of territorial governor with the office of Superintendent of Indian Affairs for the Southern Department. LowsKentuckyMap

The new territory was essentially governed under the same provisions as the

Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...

, a 1787 act enacted for the creation of the

north of the Ohio River. The Northwest Ordinance's provision outlawing

slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...

was not applied to the Southwest Territory, however. Along with rules of governance, the Ordinance outlined steps a territory could take to gain admission to the Union. The first step involved the organization of a territorial government. The next step, which would take place when the territory had at least 5,000 adult males, was to organize a territorial legislature, with a popularly elected lower chamber and an upper chamber appointed by the president. The final step, which would take place when the territory had a population of at least 60,000, was to write a state constitution and elect a state government, at which time the territory would be admitted to the Union. Several candidates were put forth for governor of the new territory. William Blount, a Constitutional Convention delegate and former state legislator who had championed the causes of western settlers, was supported by key North Carolina politicians such as

Hugh Williamson Hugh Williamson (December 5, 1735 – May 22, 1819) was an American Founding Fathers of the United States, Founding Father, physician, and politician. He is best known as a Signature, signatory to the U.S. Constitution and for representing Nort ...

, Timothy Bloodworth, John B. Ashe and Benjamin Hawkins. Blount, an aggressive land speculator, had extensive land holdings in the new territory. Virginia's

Patrick Henry Patrick Henry (May 29, 1736 ld Style and New Style dates, O.S. May 18, 1736une 6, 1799) was an American politician, planter and orator who declared to the Virginia Conventions, Second Virginia Convention (1775): "Give me liberty or give m ...

called for his friend, General Joseph Martin, to be appointed governor. A small group of ex-Franklinites convened in Greeneville to push for the appointment of John Sevier. On June 8, 1790, President

chose Blount as the territory's new governor. He also appointed Daniel Smith the territory's Secretary, and named two of the territory's three judges, John McNairy and David Campbell ( Joseph Anderson would eventually be chosen as the third judge). John Sevier was appointed brigadier general of the Washington District militia, and James Robertson was appointed brigadier general of the Mero District militia. In September 1790, Blount visited Washington at

Mount Vernon Mount Vernon is the former residence and plantation of George Washington, a Founding Father, commander of the Continental Army in the Revolutionary War, and the first president of the United States, and his wife, Martha. An American landmar ...

, and was sworn in by Supreme Court justice

James Iredell James Iredell (October 5, 1751 – October 20, 1799) was one of the first justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredel ...

. He then moved to the new territory, where he set up a temporary capital at Rocky Mount, the home of William Cobb in Sullivan County. He recruited North Carolina publisher George Roulstone to establish a newspaper, the '' Knoxville Gazette'' (initially published at Rogersville). He spent most of October and November issuing appointments to lower-level administrative and militia positions. In December, he made the dangerous trip across Indian territory to the Mero District, where he likewise issued appointments, before returning to Rocky Mount by the end of the year. Blount initially wanted the permanent territorial capital to be located at the confluence of the Clinch and

rivers (in the vicinity of modern Kingston), where he had extensive land claims, but was unable to convince the Cherokee to relinquish ownership of these lands. He therefore chose James White's Fort, an outpost located further upstream along the Tennessee. In 1791, White's son-in-law, Charles McClung, platted the new city, and lots were sold in October of that year. Blount named the new city "Knoxville" after his superior in the War Department,

Henry Knox Henry Knox (July 25, 1750 – October 25, 1806) was an American military officer, politician, bookseller, and a Founding Father of the United States. Knox, born in Boston, became a senior general of the Continental Army during the Revolutionar ...

. In the

1790 United States census The 1790 United States census was the first United States census. It recorded the population of the whole United States as of Census Day, August 2, 1790, as mandated by Article 1, Section 2, of the Constitution and applicable laws. In the first ...

, 7 counties in the Southwest Territory reported the following population counts:

Indian hostilities

Residents of the Southwest Territory initially welcomed federal control, believing the federal government would provide better protection from hostile Indians than North Carolina's distant government to the east. However, the Federal government was already more focused on critical affairs in the old Northwest Territory. Most of the land in the "

Old Southwest The "Old Southwest" is an informal name for the southwestern frontier territories of the United States from the American Revolutionary War , through the early 1800s, at which point the US had acquired the Louisiana Territory, pushing the sout ...

" was still either Indian territory or had already been claimed by speculators or settlers, and thus there was little money to be made from land sales. President Washington issued a proclamation forbidding the violation of the Treaty of Hopewell (which had set Indian boundaries), and Secretary of War Knox frequently accused settlers of illegally encroaching on Indian lands. Blount was consistently torn between placating angry frontiersmen and appeasing his superiors in the Federal government. In the Summer of 1791, Blount negotiated the Treaty of Holston with the Cherokee at the future site of Knoxville. The Treaty brought lands south of the

French Broad River The French Broad River is a river in the U.S. states of North Carolina and Tennessee. It flows from near the town of Rosman, North Carolina, Rosman in Transylvania County, North Carolina, into Tennessee, where its confluence with the Holston R ...

and east of the divide between Little River and the Little Tennessee River (essentially modern Cocke, Sevier and Blount counties) under U.S. control, and guaranteed the Territory use of a road between the Washington and Mero districts, as well as the Tennessee River. The following year, Blount negotiated an agreement clarifying land boundaries with the

Chickasaw The Chickasaw ( ) are an Indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is ...

, who controlled what is now

West Tennessee West Tennessee is one of the three Grand Divisions of Tennessee that roughly comprises the western quarter of the state. The region includes 21 counties between the Tennessee and Mississippi rivers, delineated by state law. Its geography consists ...

. In spite of these agreements, continued encroachment by settlers onto Indian lands prompted reprisals, which primarily came from hostile Chickamauga Cherokee and Creek Indians. The Spanish, who controlled

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

along the

Gulf of Mexico The Gulf of Mexico () is an oceanic basin and a marginal sea of the Atlantic Ocean, mostly surrounded by the North American continent. It is bounded on the northeast, north, and northwest by the Gulf Coast of the United States; on the southw ...

coast and still disputed the southern borders of the United States, fifteen years after the end of the Revolutionary War, encouraged and armed the southern tribes. These attacks persisted throughout 1792 and 1793, with the Mero settlements bearing the brunt of the hostilities. Ziegler's Station near modern Hendersonville was destroyed, and Mero defenders had to rally to thwart a large invasion at Buchanan's Station near Nashville. In spite of growing impatience from frontiersmen, Secretary of War Knox refused to authorize an invasion of Indian territory. In September 1793, while Blount was away in

Philadelphia Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...

, a large group of Cherokee invaders overran Cavet's Station west of Knoxville, and were planning to march on Knoxville before the invading force dissolved due to infighting among chiefs. Territorial Secretary Daniel Smith, who was

Acting Governor An acting governor is a person who acts in the role of governor. In Commonwealth jurisdictions where the governor is a vice-regal position, the role of "acting governor" may be filled by a lieutenant governor (as in most Australian states) or a ...

in Blount's absence, summoned the militia and ordered an invasion of

territory. Militia General Sevier led the militia south and destroyed several Chickamauga villages. While Blount supported Smith's decision, the invasion angered Knox, who refused to issue pay for the militiamen. In September 1794, Robertson, without authorization from Knox, dispatched a mounted American force under James Ore which destroyed the Chickamauga towns of Nickajack and Running Water. Robertson resigned as brigadier general shortly afterward. The defeat of northern tribes at the

Battle of Fallen Timbers The Battle of Fallen Timbers (20 August 1794) was the final battle of the Northwest Indian War, a struggle between Indigenous peoples of North America, Native American tribes affiliated with the Northwestern Confederacy and their Kingdom of Gre ...

in August 1794, the destruction of Nickajack and Running Water, and the resolving of boundary disputes between the United States and Spain led to a decline in hostile Indian attacks. In November 1794, Blount negotiated an end to the

Cherokee–American wars The Cherokee–American wars, also known as the Chickamauga Wars, were a series of raids, campaigns, ambushes, minor skirmishes, and several full-scale frontier battles in the Old Southwest from 1776 to 1794 between the Cherokee and American se ...

at the Tellico Blockhouse, a federal outpost south of Knoxville. TENNESSEE map - Indian land cessions in the United States

Statehood

A census in the summer of 1791 showed the territory's population to be 35,691. There were 6,271 free adult white males, more than the 5,000 needed for the territory to organize a legislature. Blount, however, waited until 1793 to call for elections. Members of the territorial House of Representatives (the lower chamber of the legislature) were elected in December 1793, and the first House session convened on February 24, 1794. The representatives nominated ten individuals for appointment to the territorial council (the legislature's upper chamber), five of whom— Griffith Rutherford, John Sevier, James Winchester, Stockley Donelson and Parmenas Taylor—were eventually appointed by President Washington. Rutherford was chosen as the council's president. The assembly first convened on August 26, 1794, and called for immediate steps to be taken to achieve full statehood. The assembly appointed Dr. James White (not to be confused with Knoxville's founder) as its non-voting representative in Congress, making the Southwest Territory one of the first U.S. territories to make use of this power. A special session of the assembly on June 29, 1795, called for a census to be taken the following month to determine if the territory's population had reached the 60,000 threshold required for statehood. The census revealed a population of 77,262 inhabitants. After the census, the territory moved swiftly to form a state government. In December 1795, counties elected delegates for the state constitutional convention. This convention met in Knoxville in January 1796, and drafted a new state constitution. The name "Tennessee", which had been in common use since 1793 when Secretary Smith published his "Short Description of the Tennassee Government", was chosen as the new name for the state. The Northwest Ordinance was vague on the final steps to be taken for a state to be fully admitted to the Union, so Tennessee's leaders proceeded to organize a state government. John Sevier was elected governor, the first Tennessee General Assembly convened in March 1796, and Blount notified the Secretary of State, Timothy Pickering, that the territorial government had been terminated. A copy of the state constitution was delivered to Pickering by future governor

. Blount and William Cocke were chosen as the state's U.S. Senators, and

was elected the state's representative. As the Southwest Territory was the first federal territory to petition to join the Union, there was confusion in Congress about how to proceed. Nonetheless, Tennessee was admitted to the Union on June 1, 1796, as the 16th state.

Government and law

The Southwest Territory was governed under an act of Congress, "An Act for the Government of the Territory of the United States, South of the River Ohio" (Southwest Ordinance), passed May 26, 1790. This act essentially mirrored the earlier

, the key difference being over slavery, which was prohibited by the Northwest Ordinance, but not the Southwest Ordinance. Both ordinances provided for freedom of religion and the sanctity of contracts, barred legal

primogeniture Primogeniture () is the right, by law or custom, of the firstborn Legitimacy (family law), legitimate child to inheritance, inherit all or most of their parent's estate (law), estate in preference to shared inheritance among all or some childre ...

, and encouraged the establishment of schools and respect for the liberty of the Indians. The supreme power in the territory rested in the governor, who was appointed by the President of the United States. He was assisted by the Secretary, also appointed by the President. Legislative powers rested in a bicameral territorial assembly consisting of the House of Representatives (lower chamber) and the Territorial Council (upper chamber). Representatives were popularly elected, whereas councilors were appointed by the President. Judicial power rested in three judges appointed by the President. Brigadier generals of the territorial militia were also appointed by the President. Lower administrative, judicial and military officers were appointed by the governor.

Executive

The Governor of the Southwest Territory had supreme authority in the territory. The governor could decree ordinances, propose and enact new laws, create towns and counties, and license lawyers. Though the territorial assembly held legislative powers, the governor held veto power over all proposed laws. The governor was responsible for appointing the lower territorial administrative officers, including attorneys general, justices of the peace, registers, and court clerks. He recommended candidates for brigadier general to the President, and appointed lower militia officers. The governor also served as the Superintendent of Indian Affairs for the Southern Department, the federal government's chief diplomat to the Southern tribes. To serve as governor, an individual had to own at least of land in the territory. William Blount served as Governor of the Southwest Territory throughout the territory's existence. The Secretary of the Southwest Territory was the official record-keeper of the territory. The Secretary also served as

acting governor An acting governor is a person who acts in the role of governor. In Commonwealth jurisdictions where the governor is a vice-regal position, the role of "acting governor" may be filled by a lieutenant governor (as in most Australian states) or a ...

if the governor was absent or incapacitated. To serve as Secretary, an individual had to own at least of land in the territory. Daniel Smith served as Secretary throughout the territory's existence.

Legislature

Legislative power in the Southwest Territory initially rested with the governor, who consulted with the three territorial judges on new laws. After the territory's population of white males reached 5,000, the territory could form a legislative assembly (the power to summon the assembly rested with the governor). The assembly consisted of an upper chamber, the Territorial Council (the role of which was similar to that of a state senate), and a lower chamber, the House of Representatives. While the assembly could propose new laws, the governor could still veto any bill. To serve on the council, an individual had to own at least of land in the territory. The territorial House of Representatives consisted of thirteen popularly elected members. These members elected a speaker from their own ranks. The House first convened at Knoxville on February 24, 1794. Its members were John Tipton (Washington), George Rutledge (Sullivan), Joseph Hardin (Greene), William Cocke (Hawkins),

(Hawkins), Alexander Kelly (Knox), John Beard (Knox), Samuel Wear (Jefferson), George Doharty (Jefferson), David Wilson (Sumner), Dr. James White (Davidson) and James Ford (Tennessee County). Wilson, of Sumner County, served as Speaker from 1794 to 1795. Hardin, of Greene, served as Speaker from 1795 to 1796.
Tennessee Blue Book
'' (2012), p. 566. Hopkins Lacy was elected clerk.William Robertson Garrett and Albert Virgil Goodpasture,
History of Tennessee
' (Brandon Printing Company, 1903), p. 109. Members of the territorial council were appointed by the President from a list of candidates submitted by the territorial House of Representatives. At its first session in February 1794, the House submitted ten candidates for the council: James Winchester, William Fort, Stockley Donelson, Richard Gammon, David Russell,

, Adam Meek, John Adair, Griffith Rutherford and Parmenas Taylor. From this list, President Washington appointed Winchester, Donelson, Sevier, Rutherford and Taylor. Rutherford was chosen as council president (a role similar to speaker). The Northwest Ordinance allowed a territory's assembly to elect a representative to the United States Congress. This representative could consult with congressmen on legislation, but could not vote. In 1794, the Southwest Territory's assembly chose Dr. James White as its non-voting representative to Congress. The Southwest Territory was the first U.S. territory to exercise this power, and White's efforts in Congress set a precedent for future territorial delegates.

Judiciary

The territory's supreme judicial power rested in three judges, each appointed by the President. The governor appointed court clerks, attorneys general and lower judicial offices, as well as justices of the peace. Along with their judicial powers, the judges could consult with the governor on new legislation, though the governor held final veto power over any proposed laws. To serve as a judge, an individual had to own at least of land in the territory. The judges appointed by President Washington in 1790 were John McNairy (1762–1837), David Campbell (1750–1812), and Joseph Anderson (1757–1837). Blount appointed Francis Alexander Ramsey clerk of the Washington District's superior court of law, Andrew Russell clerk of the Washington District's court of equity, David Allison clerk of Mero's superior court of law, and Joseph Sitgreaves clerk of Mero's court of equity. The courts of the Southwest Territory were generally more highly regarded than other branches of government. Frontiersmen had for years relied on county courts to settle disputes, and upon being appointed governor, Blount left the existing county courts largely intact. These courts generally followed old North Carolina laws when rendering decisions, relying heavily on

's ''Revisal of the Laws of North Carolina'' (1791). Along with hearing criminal and civil cases, courts were responsible for licensing

ferries A ferry is a boat or ship that transports passengers, and occasionally vehicles and cargo, across a body of water. A small passenger ferry with multiple stops, like those in Venice, Italy, is sometimes referred to as a water taxi or water bus. ...

, regulating taverns, and designating public

gristmill A gristmill (also: grist mill, corn mill, flour mill, feed mill or feedmill) grinds cereal grain into flour and Wheat middlings, middlings. The term can refer to either the grinding mechanism or the building that holds it. Grist is grain that h ...

s. Courts occasionally rendered financial assistance for

internal improvements Internal improvements is the term used historically in the United States for public works from the end of the American Revolution through much of the 19th century, mainly for the creation of a transportation infrastructure: roads, turnpikes, can ...

and relief for the destitute. County sheriffs were responsible for collecting taxes. Lawyers were licensed by the governor to practice in the territory's courts. Notable individuals licensed to practice in the territory included future president

, future governor Archibald Roane, future congressman John Rhea, and Blount's younger half-brother, future governor Willie Blount. Jackson served as a district attorney for the territory.

Land details

The Southwest Territory covered , consisting of what is now Tennessee, with the exception of a few minor boundary changes resulting from later surveys. To its north was Virginia's District of Kentucky, which became the 15th U.S. state in 1792. The lands to the territory's south were at the time either still claimed by

Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...

, or disputed with

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

, but subsequently consolidated into the

Mississippi Territory The Territory of Mississippi was an organized incorporated territory of the United States that was created under an organic act passed by the United States Congress, Congress of the United States. It was approved and signed into law by Presiden ...

. At its creation in 1790, the Southwest Territory's administration oversaw two unconnected districts—the Washington District in the northeast, and the Mero District in the area around and north of Nashville. The remainder of the territory remained under Indian control, with the

being the dominant tribe in the east, and the

controlling the western part of the territory. Other important tribes included the Creeks and Choctaw. Bradley-map-mero-1796

The Washington District initially included lands north of the

and northeast of the confluence of the Clinch and

rivers (near modern Kingston). The 1791 Treaty of Holston pushed the boundary south of the French Broad and southeast to the divide between Little River and the Little Tennessee River (in what is now southern Blount County). The Washington District originally included Washington, Sullivan, Greene and Hawkins counties. Knox and Jefferson were created by Governor Blount in 1792.Michael Toomey, Doing Justice to Suitors': The Role of County Courts in the Southwest Territory", ''Journal of East Tennessee History'', Vol. 62 (1990), pp. 33–53. In 1793, Blount organized these two new counties into a separate district, called the "Hamilton District".Stanley Folmsbee, Robert Corlew and Enoch Mitchell, ''Tennessee: A Short History'' (University of Tennessee Press, 1969), p. 100. Blount and Sevier counties would be added to this new district during territorial administration. The Mero District included the lands around

Nashville Nashville, often known as Music City, is the capital and List of municipalities in Tennessee, most populous city in the U.S. state of Tennessee. It is the county seat, seat of Davidson County, Tennessee, Davidson County in Middle Tennessee, locat ...

and along the

, north to the modern Kentucky border. It included three counties— Davidson,

Sumner Sumner may refer to: Places Antarctica * Mount Sumner, a mountain in the Rare Range, Antarctica * Sumner Glacier, southern Graham Land, Antarctica Australia * Sumner, Queensland, a suburb of Brisbane New Zealand * Sumner, New Zealand, a seasi ...

and

. The Mero and Washington districts were connected by a road, generally known as Avery's Trace, which traversed Indian lands.Benjamin Nance
"Fort Blount"
''Tennessee Encyclopedia of History and Culture''. Accessed 10 November 2013. The population of the Southwest Territory in 1791 was 35,691. This included 3,417 slaves and 361 free persons of color. The population of the Washington District was 28,649, while the population of Mero was 7,042. The territory's 1795 census showed a total population of 77,262 inhabitants, including 10,613 slaves and 973 free persons of color. The population of the Washington and Hamilton districts was 65,338, and the population of Mero was 11,924.

References

External links

Southwest Ordinance of 1790

at Tennessee GenWeb.com *
"Journal of the proceedings of the Legislative council of the territory of the United States of America, South of the river Ohio: begun and held at Knoxville, the 25th day of August, 1794"
at archives.org. {{Territories of the United States 1790 establishments in the United States 1796 disestablishments in the United States Pre-statehood history of Tennessee