IN November, 1797, the village of Asheville was incorporated by the legislature of the State of North Carolina as "a town by the name of Ashville," in an act of which the following is a copy:

"Session or November, 1797, Ch. 54.

"An Act establishing a town at the court house in the county of Buncomb.

"Whereas, It is represented to this General Assembly that the establishing a town at the court house in Buncomb county would be of great utility and accord with the desire of the inhabitants of said county, and there being a number of lots already laid off at the said court house, and Zebulon Baird, Esq., the proprietor of lands adjoining the same, having signified his consent to lay off as much more land . as will amount to sixty-three acres, including said lots for the purpose aforesaid.

"1. 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 the aforesaid sixty-three acres of land be and the same is hereby constituted and established, a town by the name of Ashville, and that John Jarrett, Samuel Chunn, William Welch, George Swain and Zebulon Baird, Esq., be and they are hereby appointed, commissioners for the purpose of carrying into effect the plan of said town and disposing of the lots in such a manner as they or a majority of them shall think advisable; Provided, nevertheless, that nothing in this act shall be construed so as to prevent Zebulon Baird from having the power and right of executing titles of such lots as are yet not disposed of.

"2. And be it further enacted that, in all matters and things relative to said town a majority of the commissioners shall constitute a quorum, and in case of death, refusal to act, incapacity or removal of any of them, the remaining commissioners shall fill up such vacancies; and that their first meeting shall be held on the fourth Saturday in January, next, when they shall proceed to appoint a treasurer, who shall be of their own body, and when chosen shall be considered as

chairman, and into whose hands all monies collected for the use of said town shall be paid; and he shall give bond with sufficient security, payable to the remaining commissioners for the due application and accounting for all monies by him received; and it shall be considered his duty to cause all the laws, rules and regulations made for the order and government of the said town to be carried into effect.

"3. And be it further enacted that the said commissioners or a majority of them shall have full power and authority to make such bye-laws and regulations as they may think necessary for the good government of said town and shall have and possess the same powers and authorities usually given to like commissioners, and such rules and regulations as they may make shall be carried into effect by such penalties as they may deem necessary.

"4. And be it further enacted that the commissioners aforesaid shall be empowered to lay a tax annually not exceeding the demands necessary for said town, either on the poll or the value of town property, or both if necessary, which tax shall be levied and collected in such manner as the said commissioners may direct."

The lots added by Zebulon Baird, and referred to in this statute, are represented by a plat then prepared, a copy of which, preserved by the late Nehemiah Blackstock of Buncombe County, and by him given to the late Capt. R. B. Johnston, is here shown.

Plainly, it was not the purpose of Zebulon Baird to give to the public that additional land mentioned in this act, which he "signified his consent to lay off," nor does it seem to have been so understood at the time. In fact, at that time, this land was not entirely his own. It belonged equally to him and his brother Bedent Baird. However, the lots were laid off as contemplated, and were subsequently sold by the heirs of Zebulon Baird as town lots.

Thus on January 27, 1798, the village of Asheville became the town of "Ashville," and as such began its existence as a municipal corporation. It was still, however, a mountain settlement, without roads, unless the rude trails constructed and maintained by the inhabitants of the adjacent territory under the public road law, could be termed such, and well-nigh inaccessible to the outside world. Of the character of these roads we shall say something further on.

Before passing to the consideration of other matters a few words in relation to the commissioners appointed to launch this new municipality may be not inappropriate.

John Jarrett was for many years a resident of Buncombe County. In later life he lived on the western bank of the French Broad River, at the place where once the old Smith Bridge and now a concrete bridge at Asheville crosses. There had never been a bridge across that river near Asheville at that time, however. Many years before a ferry had been established at that point by Edmund Sams.

Edmund Sams was one of the settlers who came from Watauga. He lived first at the Smith Bridge place just mentioned and later, on the western side of the French Broad River, on that place later known as the Gaston place, about one mile, or maybe not so far, above the mouth of Swannanoa. He had been, in early life, an Indian fighter. On one occasion, when, in search of some Indian depredators, he was passing through the woods with a single companion, his friend and fellow soldier, he heard a gun fire very near, and turning saw that his friend had received a death wound. Supposing this to have been done by some Indian behind a tree, he quickly placed his gun to his shoulder and called out to his dying companion, "Where is he?" The friend replied, "Why, Edmund, it was your gun." This proved to be correct. His gun carried on his shoulder had been discharged by accident, and had killed his friend behind him. This event saddened the entire after life of Mr. Sams.

Later he was engaged as a soldier on the American side in the Revolutionary War and was a captain. When the County of Buncombe was organized he was elected its first coroner. Afterwards he served as a member of the County Court. He was for many years a trustee of Newton Academy. During the latter part of his life he resided upon the farm of his son-in-law, Thomas Foster, about a fourth of a mile above the latter's residence. He was an eccentric and highly excitable old man. Exceedingly fond of music, especially of a martial character, he used to explain to one of his little granddaughters the emotions which he betrayed when listening to some lively tune by saying, "I tell you what, my little daughter, it just puts me on top of Bun-

Asheville 1883—Iron Bridge looking west—Railroad Bridge higher in picture—Site of Sams's Ferry over French Broad, later Jarrett's Ferry, later Smith's Bridge, now Concrete Bridge

combe." As he grew older he became very fond of feeding his son-in-law's cattle, and would indulge this propensity to such an extent that many times the cattle were in danger of being foundered. Captain Foster gently remonstrated with the old gentleman on this subject, but without effect. Some mornings when out a little earlier than usual in the vicinity of his father-in-law's house, the son-in-law would hear the old gentleman talking in reference to this to a pet cow while giving her an unreasonable quantity of food, and saying: "Hurry up, old lady, Tommie's coming." In 1824 his son Benoni Sams was one of Buncombe's representatives in the House of Commons, having for his colleague D. L. Swain.

Edmund Sams married Nancy Young near Wytheville, Virginia. Her sister, Martha Young, married William Gudger, Senior, who also removed to what became Buncombe County and settled on Swannanoa River just below the Old Water Works on land now belonging to Mr. M. L. Reed. These Gudgers became progenitors of the large family of Gudgers and their descendants now living in Western North Carolina. Although James M. Smith was the first white child born in what afterwards became Buncombe County, having been born June 14, 1787, yet James Gudger, son of William and Martha Gudger, was a little older than Mr. Smith, and was the first white citizen of that same territory who was born as such. On account of danger from marauding Cherokee Indians, Mrs. Martha Gudger at the time of the birth of her oldest son James Gudger, was on a visit to her parents in Virginia. This Mr. James Gudger married a daughter of Colonel Robert Love, of Haywood County, and lived in the northwestern part of the County of Buncombe, which he represented in the State Senate of North Carolina in 1830 and 1836.

As has been remarked above, Edmund Sams was remarkably fond of military music. He was also fond of church music, which, in his day, was usually sung in a drawling time "in linked sweetness long drawn out." Once a singing master visited his neighborhood and taught a singing school. The choir of young people trained at this school sang a "voluntary" at a church service which Captain Sams attended accompanied by a little great-granddaughter. The singing master led in singing this "voluntary" and sang in better time than

was common in the church gatherings, but not without consternation on the part of most of the congregation. Captain Sams listened in amazement. When the song had been finished he turned to his little girl companion and exclaimed: "Well, upon my soul, my little daughter, that was a merry little jig!"

When John Jarrett bought the Sams ferry he kept it for many years as a toll ferry, and it became known as Jarrett's Ferry. Subsequently he sold it with the adjoining land to the late James M. Smith, who built a bridge at the place, which was known for many years, and up till a very late period, as Smith's Bridge. This he continued to keep up as a toll bridge until the latter part of his life, when he sold the bridge to the county, by which it was made a public or county bridge. The eastern end of the bridge was somewhat higher up the river than the eastern end of the iron bridge which succeeded it, but the western ends of the two were at the same place. In 1881 this bridge was removed to make room for an iron structure, which was destroyed by a flood in 1916, but its old foundations were yet plainly to be seen for many years.

Samuel Chunn was for many years a resident of Asheville. Here he kept a hotel at the southwestern corner of the public square, where afterwards stood the building occupied for many years by Asheville's first bank, the Asheville Branch of the Bank of Cape Fear, and still later by the Bank of Asheville, and afterward by the Western Hotel, and yet more recently by the First National Bank of Asheville. This building was removed by its owner, Captain Thos. D. Johnston, in 1885, in order to give place to his corner brick store and office building now standing there. Samuel Chunn also engaged for many years at Asheville in the business of tanning leather. His tanyard was on Glenn's Creek at the place where Merrimon Avenue, for many years called Beaverdam Road and until lately Beaverdam Street, crosses it, about one hundred yards from the junction of that street with North Main Street. In October, 1806, he was made the chairman of Buncombe County Court, and in January, 1807, was appointed jailer at Asheville. He was the original grantee from the State of the greater part of what is now called Sunset or Town Mountain, and owned land on both side of that mountain. From him as the owner of the

upper part of the valley of Ross's Creek next beyond the mountain east of Asheville, Chunn's Cove took its name. In later life, Samuel Chunn lived on the bank of the French Broad River at the Chunn place in Madison County. His wife was Mrs. Hannah Chunn. He accumulated a large estate, which he left to his children at his death in November, 1855. His descendants now reside in Buncombe County, in the State of Georgia, and at other places in the United States. In 1846 one of his sons, the late A. B. Chunn, was a member of the House of Commons from Buncombe County.

William Welch, or William Welsh as he wrote it, was at one time a member of Buncombe County Court, and in January, 1805, was elected and qualified as coroner of that county. He was at one time interested in lands lying in Asheville, and on what are now known as Haywood and Depot Streets.

George Swain was born at Roxborough, Massachusetts, on June 17, 1763. He was a hatter. On September 1, 1784, he invested what property he had been able to accumulate in provisions and set out with his merchandise from Providence, Rhode Island, for Charleston, South Carolina. On the voyage a storm arose, and it became necessary to throw overboard most of the cargo. He landed at Charleston with nothing, and walked from there to Augusta, Georgia. Here he lived for a year. Then he moved to Wilkes, after Oglethorpe, County, in that State, where he engaged in his business of hat making. He served as a member of the Legislature of that State for five years, and was a member of the Constitutional Convention held at Louisville about 1795. In the latter year he removed to Buncombe County, and settled in or near Asheville. Soon afterwards he married Caroline Lowrie, a widow whose husband had been killed by the Indians, and who was a sister of Joel Lane, the founder of the city of Raleigh, and of Jesse Lane, the father of Gen. Joe Lane, late United States Senator from Oregon and governor thereof, and Democratic candidate for vice-president on the ticket with General John C. Breckenridge in 1860. General Joseph Lane himself was born in Buncombe County near Asheville, on December 14, 1801.

In the early part of his residence in Buncombe, George Swain lived at the head of Beaverdam, on the place where the late Thomas Stradley

resided and died. Here was born, on January 4, 1801, his second son, David Lowrie Swain, afterwards famous as judge, governor and University president in North Carolina. Here the future governor saw the first wagon which he had ever beheld, being the first ever in Buncombe County. It was brought to the house of his father, up the washed out channel of the creek, for there was then no road in Buncombe County large enough for a wagon to travel. Of this event the late Governor Vance says: "The future governor of North Carolina stood in the orchard waiting its approach with wonder and awe, and finally, as its thunder reverberated in his ears as it rolled over the rocky channel of the creek, he incontinently took to his heels, and only rallied when safely entrenched behind his father's house. He enjoyed the relation of this to me exquisitely."

The residence of George Swain at this place was a log double cabin. About 1805 a post route was established on the recently constructed road through Buncombe County, which soon became the thoroughfare for travel from the Carolinas and Georgia to the western States. In 1806, the post-office at Asheville was made the distributing office for Georgia, Tennessee and the two Carolinas. George Swain became in 1806, the postmaster at Asheville, although his commission did not issue until January, 1807. This office he continued to hold for twenty years or more. In all that time he was never absent at the arrival of a mail, and always distributed the letters with his own hands. He was a large man with no claim to good looks, but possessed a most remarkable memory. It is said that, "he could repeat the entire book of Genesis, and was so familiar with the sacred volume that on the first verse of any chapter being read he was ordinarily able to repeat the second, and if he failed to do so would turn to it in a minute." For many years he was a ruling elder in the Presbyterian Church. Governor Swain said that his father was a Presbyterian and an Arminian and his mother was a Methodist and a Calvinist.

George Swain was a trustee of the Newton Academy. While postmaster he resided at Asheville. After his removal to that place he was engaged for a while in his old business of making hats, which he conducted at a place just beyond the corporate limits of the city, on the eastern side of Charlotte Street, known for many years by reason

of the business there carried on by him and afterwards by his son-in-law, the late William Coleman, as the Hatter-shop, and which was occupied for many years by the late Baccus J. Smith, and now in Grove Park. Mr. Swain owned much land adjoining this place, and also several town lots. During his residence in Asheville he lived on the eastern side of South Main Street, where now stand the business buildings from that once occupied as Grant's Pharmacy southward to the former Racket Store, inclusive. The old brick store house, years ago removed from the site of what was once Stoner's Racket Store, belonged to him, and is said to have been the oldest brick building in Asheville. In its construction were used, besides the bricks of ordinary size, many bricks twice as large. George Swain lived long enough to witness the beginning of his famous son's career, but died before it reached its zenith, on December 24, 1829, at Asheville, and is buried in the Newton Academy graveyard. For some time before his death he was insane.

Of Zebulon Baird we have already spoken.

ROADS

Most of the work done at the earlier sessions of the County Court of Buncombe related to laying out and working roads. These roads or trails, rude and rough, narrow and steep as they were, constituted the only means of communication between the scattered settlers of this new county, and were matters of first importance to its people. They were located by unlettered hunters and farmers, who knew nothing of civil engineering, and were opened by men who received no compensation for their labor, and could ill afford to spare time from the support and protection of their families. Roving bands of Indians constantly gave annoyance to the white settlers, and frequently when they found the master of the house absent they would frighten the women and children into taking refuge in the woods, and then burn the furniture and destroy the bedding which they found in the house. Many were the privations incident to a life in a new country suffered by these early settlers, and many were the hardships which they underwent at the hands of these predatory savages. We can scarcely wonder that

they saw in the red man none of the romantic features of character which their descendants are so fond of attributing to him. This state of affairs continued even up into the last century.

On the second day of its first session the County Court ordered a jury to lay off a road from Colonel William Davidson's on Swannanoa to Benjamin Davidson's Creek (Davidson's River), which crossed French Broad a little below the mouth of Avery's Creek, passed Mills River, and went up Boydsteens (now incorrectly called Boilston) Creek; and another jury "to lay off a road from the wagon ford of Rims [Reems} Creek to Join the road from the Turkey Cove, Catawba, to Robert Henton's on Lindsey's Creek Cane River," and appointed an "overseer of the road from the mouth of Swannanoa to Rims Creek." This last mentioned road passed through Asheville. It ran from the Gum Spring [near Biltmore Village] place across Swannanoa northwardly by way of William Forster's and in rear of the Middleton place, now St. Dunstan's Road and once owned by James M. Campbell, passed through the front yard of the Perry residence, and joined the present road at the top of the hill east of the Normal and Collegiate Institute. Thence it followed the line of South Main Street, with slight divergencies to the left at places, until it reached the Public Square. Here, turning in the direction of Battery Park, it passed down Patton Avenue until near the Temple Court building, then through the site of this building directly to the top of the hill at the southern end of Battery Park hotel. From this point it turned north again, and, crossing Montford Avenue at the public school building, ran west of it until it came to Pearson's Drive, which it followed with one divergence to the west, until it reached the place where now stands the residence of Mr. Theodore S. Morrison. Passing through his yard to the east of his house it went on down the ridge which lies to the west and across the ridge from the residence of Mr. J. E. Rumbough until it reached the present road at the northern end of Riverside Drive at Glenn's Creek. This road it followed for a short distance, when it turned to the east and joined the Burnsville Road about halfway up the Burnsville Hill. Thence it kept with the Burnsville Road, with some deviations to the east at the old Reynolds place, until near Reem's Creek it left this

road and crossed the creek at the ford spoken of above, about midway between the iron bridge and Coleman's Mill.

Thus from time to time roads were established in early days. In July, 1793, the Court directed a road to be laid off  "from Buncombe Courthouse to the Bull Mountain Road near Robt. Love's." This road left the road which we have just described at the top of the hill near the Normal and Collegiate Institute, and followed for some distance the road which now turns off at that point to go to Kenilworth. It passed around the southern side of the mountain, and crossed the road through Beaucatcher Gap to the Swannanoa, near the entrance of the Haw Creek Road. Thence following this last road to the creek, it passed up the creek and partly in it and across "Bull's Gap." In. April, 1795, a road was ordered by the Court "from the courthouse to Jonathan McPeter's on Hominy Creek." This road left the road first described on top of Battery Park hill, and passing southward through the Thomas property, now Grove Street lying immediately west of Bailey Street, now Ashland Avenue, it crossed Grove Street and French Broad Avenue to the old Judge Bailey place, now Aston Park, thence to the Melke house, above French Broad River, and down the hill to the present bridge.

At a later period the road from Asheville northward was changed so as to run down North Main Street nearly and through the property of the late Captain M. J. Fagg crossing Chestnut Street about 200 yards east of North Main Street, until it ran into East Street a little south of the crossing of Seney Street. Thence it went with East Street to Hillside Street, passed through the Witchwood house site, and down the ridge within a few feet west of Vivian Avenue, till it crossed Glenn's Creek, where its sign is still to be seen. Thence it passed up the hill beyond, and turning a little to the left ran down a hollow east of the fortified hill, where the battle was fought in the late war, until it joined the present road down the French Broad at the first hollow below the mouth of Glenn's Creek, now at the Casket Plant.

The Beaverdam Road ran along Charlotte Street, or very near it, until it reached the northern end of the Kimberly place, whence turning westward it passed north of the Kimberly Mountain and so on by Grace to Beaverdam Creek. .

From a place near Grace a branch road from this Beaverdam Road passed down Beaverdam Creek to the old Wilson place on the northern side of the creek, just above the old Wilson, or more lately Howell, mill pond, and passed possibly across the hills to the old Warm Springs Road at or near the old Daniel Reynolds house, by which the last mentioned road then ran, although that road has been since changed so as to pass down Beaverdam Creek to the mouth of Park's Branch and thus leave this old house to the east. This road which so branches off from the Beaverdam Road was at one time called the Warm Springs Road, and may have been travelled in going to the Warm Springs before the older road over Battery Park hill was travelled in going to that place. This is, however, not probable. Both ways united near the present ford of Beaverdam Creek in the vicinity of the old house just mentioned, and passed by it and joined the present Weaverville Road about a half mile beyond. Then the old Warm Springs Road ran with this last road to the top of the hill at the residence of Zebulon Baird. At this place it passed to the west of his residence, crossed Reems Creek at the old Wagoner Ford, ran by the house of the late John Weaver and through the rear of the old Alexander Farm, crossed Flat Creek and ran to the farm of Bedent Smith near the Madison County line. Here it again turned to the west and ran to the mouth of Ivy. From this place it ran on to Marshall and about one-half mile below that town turned to the east and ran with the old Hopewell Turnpike built by Philip Hoodenpile, later known as the Jewel Hill Road, to Warm Springs, now Hot Springs. At the place where it left the Weaverville road at Zebulon Baird's was the residence of Bedent Baird before mentioned. At this old house, just behind the present or recent residence of Zebulon Baird, Bedent Baird lived and there his brother Zebulon Baird fell from his horse and died.

On July 8, 1795, Governor Blount of the Territory south of the River Ohio, now called Tennessee, submitted to the Council of that territory "several papers respecting the opening of a wagon road from Buncombe Courthouse in North Carolina to this Territory." The Council appointed Messrs. Sevier and Taylor, with whom the House associated Messrs. Wear, Cocke, Doherty and Taylor, to consider and

report upon this question. The committee reported recommending the appointment of three Commissioners "to meet three Commissioners from the State of South Carolina to deliberate and consult on measures for the purpose of cutting and opening a road through the eastern mountains, and report unto our next General Assembly the result of their conference; and also the practicability and probable expense of cutting and opening the said road the nearest and best route through the mountains." The Warm Springs on the French Broad had been discovered in 1778 by Henry Reynolds and Thomas Morgan, two men kept out in advance of the settlement to watch the movements of the Indians. They had followed some stolen horses to the point opposite, and leaving their own horses on the north bank, waded across the river. On the southern shore in passing through a little branch they were surprised to find the water warm. "The next year," says Ramsey, "the Warm Springs were resorted to by invalids."

James M. Edney, in his "Sketches of Buncombe Men" in Bennett's Chronology of North Carolina, written in 1855, says: "Col. J. Barnett settled on the French Broad seventy years ago and was the first man to pilot or navigate wagons through Buncombe by putting the two big wheels on the lower side, sometimes pulling, sometimes pushing, and sometimes carrying the wagon at a charge of five dollars for work and labor done."

The Bairds had carried up their four-wheel wagon across the Saluda Gap in 1793. This Saluda Gap Road was opened by Colonel Earle for the State of South Carolina, at the sum of four thousand dollars. This is in all probability the old road from Columbia, South Carolina, which passed through Newberry and Greenville districts, crossing the Air Line at Greer's Station, as the place is now called, and extending across the Saluda Gap by Asheville, down the French Broad River into the State of Tennessee, and is yet known in northern South Carolina as the old State Road or more commonly the old Buncombe Road. There was already a road or trail coming from the direction of South Carolina to Asheville, which passed the Swannanoa at the Gum Spring heretofore mentioned, and was known as the "road from Augusta in Georgia to Knoxville." (Record Book 62, page 361.)

Wheeler says that "the first wagon passed from North Carolina to Tennesse[e] by the Warm Springs in 1795."