A the close of 1791, Burke and Rutherford were the frontier counties of North Carolina, their western boundaries extending with the Cherokee Indian treaty lines from the State of South Carolina to Tennessee.

Within a short time after the close of the Revolutionary War, hostilities with the Cherokee Indians, who had been the allies of the British, ceased, and the beautiful and fertile lands of the French Broad valley began to attract a rapid influx of emigrants from the Piedmont Section of North Carolina and the "Watauga settlements" of Tennessee, and to which was added a steady, although relatively smaller stream from southwest Virginia and the upper districts of South Carolina. They were descended from that remarkable people known as Scotch-Irish, and were peculiarly fitted by their courage, self-reliance, love of adventure and devotion to the true principles of liberty, for the dangerous and difficult task of developing a new country and establishing sound government.

In 1791, the population along the French Broad, extending from the vicinity of the present towns of Hendersonville and Brevard to the Warm Springs, but confined chiefly to the eastern side of the river, had become sufficiently numerous and important to require a new county, and at the session of the General Assembly of North Carolina, which assembled in November of that year, in the town of Newbern, an act was passed creating the County of Buncombe.

The Journal of the House of Commons for Saturday, December 17, 1791, recites:

"Mr. Vance presented the petition of the inhabitants of that part of Burke County lying west of the Appalachian Mountains, praying that a part of that and a part of Rutherford County be made into a separate and distinct county. Mr. Wm. Davidson presented a petition to the same effect, both of which being read, Mr. Vance moved for leave

and presented a bill to answer the prayer of the said petitions, which was read the first time, passed and sent to the Senate."

The Journal of the Senate shows that the bill was received and passed by that body on the same day, and it was ratified on the 14th day of January, 1782. The "Mr. Vance," who introduced the bill, was Colonel David Vance, and was one of the representatives in the General Assembly from the County of Burke, and at that time and until his death in 1813, he resided on his farm at the head of Reems Creek valley. The "Mr. Wm. Davidson," who presented one of the petitions for the new county, was Colonel William Davidson, then one of the representatives in the General Assembly from the County of Burke. At that time he resided on the south side of the Swannanoa River, at the place, a short distance west of the present village of Biltmore, now known as the "Gum Spring." At his house in April following, the county was organized.

The following is a copy of the act:

"Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same:

"That all that part of the counties of Burke and Rutherford circumscribed by the following lines (viz.): Beginning on the extreme height of the Appalachian mountains where the southern boundary of this State crosses the same, thence along the extreme height of said Mountains, to where the road from the head of the Catawba River to Swannanoa crosses; thence along the main ridge, dividing the waters of South Toe from those of Swannanoa into the Great Black Mountain; thence along said mountain to the northeast end; thence along the main ridge between South Toe and Little Crab Tree, to the mouth of said Catawba Creek; thence down Toe River aforesaid, to where the same empties into the Nolechukle River; thence down the said river to the extreme height of the Iron Mountain and Session line; thence along said Session line to the southern boundary; thence along the said boundary to the beginning is hereby created into a separate and distinct county, known by the name of Buncombe. And for the due administration of justice in said County of Buncombe.

"Be it further enacted by the authority aforesaid, That the justices nominated and commissioned in the said County of Buncombe

shall have the same power and jurisdiction as the justices of the peace have in any other county in this state;

"And be it further enacted by the authority aforesaid, That Philip court for the said County of Buncombe aforesaid, shall be constantly held on the third Mondays of January, April, July and October, and their first court shall be held at the house of William Davidson, Esq., on Swannanoa, but the justices of said court may adjourn to any other place more convenient, until a court house shall be built;

"And be it further enacted by the authority aforesaid, That Philip Hoodenpyl, William Brittain and Lemuel Clayton are hereby appointed commissioners to fix on the most central place in said county for the purpose of erecting a court house, prison and stocks;

"And be it further enacted by the authority aforesaid, That Benjamin Hawkins, William Whitson and John Patton are hereby appointed commissioners for the purpose of contracting with workmen to erect the necessary public buildings in said county as soon as the commissioners shall fix on the center;

"And be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to debar the late sheriffs of Burke and Rutherford counties as they stood undivided, to make distress for any levies, fees and other dues now actually due, or owing from the inhabitants of said counties of Burke and Rutherford as they formerly stood undivided in the same manner as by law the said sheriffs or collectors could or might have done, if the said counties had remained undivided, and the said levies, fees and other dues shall be collected and accounted for in the same manner as if this act had never been made, anything herein contained to the contrary notwithstanding;

"And be it further enacted by the authority aforesaid, That the sheriffs and other collectors and holders of public money in the said County of Buncombe, shall, from time to time account for and pay into the public treasury of this state, all public money wherewith they shall stand chargeable, in the same manner and under the same pains and penalties as by law any other sheriff and holder of public money are obliged to account in the State;

"And be it further enacted by the authority aforesaid, That a tax of one shilling on each poll and a tax of four pence on every hundred

acres of land, shall be and is hereby assessed on the taxable property in the said County of Buncombe for two years, to commence from the passing of this act, and that all persons who shall neglect and refuse to pay the aforesaid tax at the time limited for the payment of public taxes shall be liable to the same penalties and distresses as for the nonpayment of public taxes, and the collectors of said taxes are hereby required and directed to account for and pay the money by them collected, to the commissioners, aforesaid, after deducting two and a half per cent for the trouble of collecting the same, and in case of failure or neglect in any of the said collectors, each collector so failing or neglecting, shall be liable to the same penalties and recoveries as by law may be had against collectors of public taxes;

"And be it further enacted by the authority aforesaid, That all manner of suits, causes and pleas, whether civil or criminal, commenced or depending in the said county courts of Burke and Rutherford, shall continue and may be prosecuted to the final end and determination in the same manner as if this act had never passed;

"And be it further enacted by the authority aforesaid, That the court of the said County of Buncombe shall appoint five jurors to attend at every Superior Court for the district of Morgan;

"And, whereas, the County of Burke appoints jurors to attend the Superior Court, and Rutherford court appoints nine jurors to attend the said court, which in justice ought to be altered agreeably to the part taken off each county;

"Be it therefore enacted by the authority aforesaid, That the County of Burke, from and after the passing of this act, shall appoint twelve jurors to attend the Superior Court, and Rutherford seven jurors to attend said court, any law to the contrary notwithstanding.

"Be it further enacted by the authority aforesaid, That the county court of Burke shall constantly be held on the fourth Mondays of January, April, July and October;

"Be it further enacted, That all justices appointed, either in the counties of Burke or Rutherford, which now reside in the County of Buncombe, shall exercise their offices in the same manner in the County

of Buncombe as they could have exercised them in the counties of Burke and Rutherford as they stood undivided.

"Wm. Lenoir, S. S.

"S. Cabarrus, Sp. H. C.

"Read three times and ratified in General Assembly the 14th day of January, Anno Domini 1792."

(Endorsed on back.)

"An act forming the western parts of Burke and Rutherford counties into a separate and distinct county.

"Examined. "J. Graham,

"D. Stone."

Then came the work of organization and putting the machinery of county government in operation, and fortunately we have preserved the original record now before us in the handwriting of Col. David Vance, the first clerk of the court. The beauty of his chirography, the order, neatness and accuracies of his entries, giving evidence of his qualifications for the duties of his office. The following extract from the record of that day's proceedings showing the first officers and jurors for the county, cannot fail to be deeply interesting to every one who loves his country or reveres his ancestors.

"B

"North Carolina, Buncombe County.

"April 16th, A.D., 1792.

"Minutes of April Court, 1792.

"Agreeably to a commission to us directed the county court of said county was begun, opened and held at the house of Col. William Davidson, Esq.

"Present:—James Davidson, David Vance, William Whitson, William Davidson, James Alexander, James Brittain, Philip Hoodenpile.

"Took the oath of office for the qualification of public officers and took their seats as justices.

"Silence being commanded and proclamation being made, the court was opened in due and solemn form of law, by John Patton specially appointed for that purpose.

"Lambert Clayton and William Brittain being duly commissioned as justices of said county, appeared and qualified as such by taking the oaths for the qualification of public officers and the oath of offices as justices of the peace for said county and took their seats.

"The court proceeded to the election of a sheriff for said county and did elect to that office Joseph Hughey, Esq., who was directed to find security, give bond and qualify tomorrow at 10 o'clock.

"The court then proceeded to elect the clerk of said county, and did elect thereto David Vance, Esq., who was directed to give bond with security tomorrow at 10 o'clock.

"The court then proceeded to election of entry officer of claims for land in said county, and did elect thereto Thomas Davidson, Esq.

"The court proceeded to elect a surveyor, and did elect to that office John Patton, Esq., who was directed to give bond and security tomorrow at 10 o'clock.

"The court proceeded to elect a registrar, and did elect thereto John Davidson (son of James).

"The court then proceeded to the election of a ranger, and did elect John Dillard, etc., etc.

"The court proceeded to the election of a coroner, and did elect to that office Edmund Sams, Esq.

"Court adjourned till tomorrow morning at 10 o'clock.

"Court met according to adjournment.

"Ordered by the court that the following persons be summoned to attend as jurors at the succeeding term, viz.:

"1. George Baker. 2. Hickman Hensley. 3. Will Treadway. 4. Henry Atkins. 5. Thomas Patton. 6. Matthew Patton. 7. Samuel Forgee. 8. Robert Patton. 9. Will Dever, Sr. 10. John Weaver. 11. Will Gudger. 12. Benjamin Hawkins. 13. William Greggory. 14. Benjamin Odele, Sr. IS. Joshua English. 16. Thomas May. 17. James Stringfield, Sr. 18. Nicholas Woodfin. — Benjamin Johnson. 19. Elijah Williamson. 20. John Craig. 21. James Wilson. 22. John Ashworth. 23. Henry Deweese. 24. John Dillard. 25. James Cravens. 26. Will Foster. 27. Gabriel Ragsdale. 28. James

Clemmons. 29. Harmon Reid. 30. Simon Kuykendall. 32. John Philips. 33. James Medlock. 34. Adam Dunsmore. 35. Benjamin Yearly. 36. Daniel Smith. 37. Nat Smith."

In these records will be recognized many names now borne by their descendants who yet "dwell in the lands which their fathers gave unto them."

It is interesting to note in the subsequent proceedings of this court the rapid growth in the population and development of the country, and the temptation to make further extracts is very great, but the purpose of this paper being only to direct the attention of my fellow citizens to the principal historic facts connected with the creation and organization of the now famous County of Buncombe, I shall leave its later history to more competent hands. Let me, however, give two further quaint extracts, which may illustrate the simple and grave manners of the men and women of those times:

"Minutes of July Court, 1792.

"A bill of divorce from Ruth Edwards to her husband John Edwards was proved in open court by Philip Hoodenpile, Esq., a subscribing witness heretofore—ordered to be registered."

While this homely method of untying the inconvenient matrimonial knot does not begin to compare with the modern solemn performances to accomplish the same end, it has the merit of being far more honest and direct—and doubtless was as effectual. Perhaps the parties, in the absence of any other known provisions of law or precedents, recalled the old Masaic statute, that when a man desires to get rid of an undesirable wife, "let him write her a bill of divorcement, and give it in her hand and send her out of his house."

"Minutes of October Court, 1793.

"Ordered by court that Thomas Hopper, upon his own motion, have a certificate from the clerk, certifying that his right ear was bit off by Philip Williams in a fight between said Hooper and Williams. Certificates issued."

When we recall that in those days and for many years afterwards the punishment for certain crimes—perjury, forgery and perhaps some others—was by cutting off a portion of the ear of the offender, commonly called "cropping," we can well understand why "said Hopper"

was so anxious that the truth of his misfortune should be preserved in some authentic way. Evidently the court being plain, sensible and just men saw nothing unreasonable in the matter and gave a place on the records for the fact.

I have looked in vain through these records for evidence of any criminal prosecution of the "said Hopper and Williams," for this fight, but as good old-fashioned fighting without rocks, knives, pistols or "brass knucks" was one of the most common and popular amusements of those days, and there seems to have been no more serious injury than the loss of an ear, and doubtless the fight being a fair one, the conservators of the law and order did not feel called upon to take official notice of it. Nowadays such an occurrence would furnish us with a sensational two days' trial, and fees galore.

Perhaps, possibly with the exception of Orange, Buncombe has exerted greater influence in the thought, history and policy of the State than any other County. It has furnished three governors, three United States senators, one Chief Justice of the Supreme Court, nine judges of the Superior Court, nine representatives in Congress, one president of the University to the public service. In addition, its delegations to various constitutional conventions and representatives in our State Legislature and Executive Departments of the State are recognized among the first in the annals of our Government. In wealth, population, enterprise, especially in the great movements of civic and economic progress, it has been in the front rank.

"The past, at least, is secure."