A History of
Watauga County, NC
J P Arthur
Chapter X
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Page 114
County History.
Formation of the County.— In 1848 George
Bower, called "Double Head" because of his wisdom and
farsightedness, was in the State Senate from Ashe, and Reuben Mast
in the House. Bower lived in Jefferson, while Mast lived near Valle
Crucis, thirty-five miles from the county-seat, which rendered it
very inconvenient for him and his neighbors to attend court. As Ashe
County embraced in its limits not only what is now Watauga, but the
present county of Alleghany also, it could very well spare the
southern portion, which was too remote for convenience. Besides,
Jordan Councill, Jr., lived in the territory which it was sought to
detach from the mother county, and his influence, which was great,
was thrown for the new county. As he was the brother-in-law of
Senator Bower, he naturally "had the ear of the court." A bill for a
new county was, accordingly, introduced in the legislature and
passed in 1849.
Jordan Councill, Jr's Influence.— This gentleman for years kept the
only store in this section. He fixed prices of all things in which
he dealt. He bought large steers for as low as nine dollars each,
and drove them and the larger cattle to the Valley of Virginia,
frequently accompanied by his brother-in-law, George Bower. From
Virginia they went north and bought their stocks of goods, shipping
them by water to Richmond, VA., and from there by canal boat to
Lynchburg, from which point they were brought by wagon to Boone and
Jefferson. Other goods were shipped by water to Fayetteville, from
which they were brought by wagon to Boone. Councill would load
wagons with deer hams and hides, butter, cranberries, dried fruit,
beeswax, tallow, etc., and, drawn by six horses, these wagons were
hauled to Charleston, SC. With the wagon train went droves of mules
and horses, which were sold along the road to planters and goods
purchased with the proceeds. He unwittingly hauled
Page 115
a rat in a goods box from Charleston to Boone on one occasion. He
drove cattle-fat cows and heifers-to Charlotte and Concord. Large
droves of cattle, horses and mules passed through Boone from
Kentucky to the South and East before and since the Civil War. Hogs
were driven through before, but not since the Civil War. When the
location of the county seat was to be determined it was the
influence of Jordan Councill, Jr., that fixed it near his store and
dwelling. Some wanted the court house at Bushy Fork and others at
Valle Crucis. It would most probably have been located at the Muster
Ground, half a mile east of Boone, if Benjamin Councill, Sr., had
been willing to donate the ground for that purpose, but as Ransom
Hayes and Jordan Councill, Jr., were willing to donate twenty-five
acres each, it was determined to locate the court house where F. A.
Linney's residence now stands, Hayes deeding twenty-five acres
between the branch above Blackburn's hotel, then called Upper
Branch, and the branch that flows by the new post office, then
called the Middle and Lower Branches, as the stream that flows west
of the Critcher hotel–the old Coffey hotel–was called.
Three New England Visitors.— Watauga has had three distinguished
visitors from New England: Dr. Elisha Mitchell, of the North
Carolina University; Charles Dudley Warner, and Miss Margaret W.
Morley. To our everlasting regret, we pleased only that last of
these, but, as she was the most recent, it is hoped that we had
improved since the visits of the other two. "Faithful are the wounds
of a friend," said Solomon thousands of years ago. If so, then Dr.
Mitchell and Mr. Warner were our friends indeed, for they "spoke
right out." As Dr. Mitchell's remarks were in letters to his wife
and not intended for the public, nothing he wrote rankles, but while
we are anxious to attribute the Warner strictures to dyspepsia, he
certainly "stuck to what he said," having preserved what he wrote
for Harper's Magazine in 1884, and repeated it in book form (On
Horseback) in 1888.(1) He certainly flayed us, sparing
__________
Note: (1)"On Horseback."
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nothing and nobody. And if, in this Land of the Sky, he saw a bird
or a bee or a sunbeam; if a single pleasant odor from the chalices
of the wild flowers was wafted to his nostrils, if a bird sang
within his hearing or a child's prattle appealed to him once during
the whole of that two hundred miles' journey through the mountains
of Tennessee and North Carolina in the liquid gold of our summer
sunlight, he left no record of it in the saturnine account of his
trip which published to the world. On the other hand, Miss Morley,
who passed over a part of this same route a few years later, saw the
sunshine imprisoned in our flowers, heard the strains of invisible
choirs in babbling brook and singing bird, and recognized angel
faces in the countenances of little children clinging to those whom
Mr. Warner called their "frowsy"mothers.(1) Mr. Warner chief trouble
seemed to be flies. Whenever he stopped, there seemed to him to be
nothing but flies. They were not only in the ointment, but in the
amber also. And no wonder, for on leaving Abingdon, VA., the saddle
he rode was discovered to have been smeared the previous winter with
tallow. Seat, pommel, cantle, stirrup leathers and saddle skirts,
all had been covered with tallow, which had been well rubbed in when
they were put away the winter before. Mr Warner discovered this
before he started on his journey, and bought white overalls, which
served to protect his trousers from the grease. This grease, mixed
with the dust of the road, attracted the flies, and hinc illoe
lacrimoe, or words to that general effect.
Dr. Mitchell's Geological Tour.(2) — In July, 1828, this gentleman
of New England birth and North Carolina adoption, for he was then a
slave-owner, made a tour of the mountain counties at the expense of
the State, and "determined" several specimens of minerals that were
submitted to him. He passed over the Ballou iron mines, the Ore Knob
copper mines, the mica mines near Beaver Creek, the porcelain clay
on Howard's Creek, and was near the Elk Mountain copper vein; he
visited the
__________
Note: (1) "The Carolina Mountains," Houghton-Mifflin Co., Boston,
1913
(2) This diary was published by the University of North Carolina in
its James Sprunt Historical monograph, No.6, 1905. It should be
widely read.
Page 117
Grandfather and did not recognize the tamarack tree nor the great
age of the rocks of that ancient pile, thinking they "belonged to
the transition of Tennessee," whatever that may or may not mean. But
he made no report of his journey and seemed never to have suspected
that copper, iron and mica of great wealth and abundance existed at
the points indicated. But he did find fault with one of our ladies
because she wiped her soiled hands on her clean apron just before
she began to mix the meal for his bread, and called some of the
women with whom two hunters were living illicitly "schquaws, very
pretty ones, but schquaws notwithstanding." He visited Robert
Shearer's where he met his "pretty daughter and her husband, a
good-hearted fellow, not half good enough for her." He preached at
Three Forks Baptist Church, stopped at Jordan Councill's store,
which he found open on Sunday, and visited Noah Mast, David Miller
and several others.
The Tennessee Boundary Line.— In 1784 North Carolina passed an act
to give Congress twenty-nine million acres lying between the
Alleghanies and the Mississippi River. Congress needed the money
with which to pay off debts incurred during the Revolutionary War,
but that was not the principal reason for the cession of this great
territory, much of the best portions of which had been already
granted to settlers. Up to that time the people of the ceded
territory had presented many claims for compensation for military
services, supplies, etc., in campaigns against the Cherokees, in the
strict justness of which the mother State did not altogether
believe. On the score of poverty North Carolina had refused to
establish a Superior Court in this territory, called the Watauga
Settlement, or to appoint a prosecuting officer. The four counties
comprising the settlements west of the mountains were Davidson,
Washington, Sullivan, and Greene, and their representatives voted in
the legislature for the cession. The act of cession provided,
however, that the sovereignty and jurisdiction of North Carolina
should continue over the ceded territory until it should be accepted
by Congress, and made the act void if Congress should not accept the
gift within two years. As most of the Watauga settlers were
originally
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from Virginia, the majority were anxious for an excuse to withdraw
from North Carolina and set up a government of their own. The result
was the attempt to establish the independent State of Franklin, with
John Sevier at its head. This attempted secession failed and North
Carolina resumed full jurisdiction over the disputed territory
before March, 1788. Congress accepted the cession of the territory,
and in 1796 the State of Tennessee was organized. In 1796 North
Carolina ordered a survey of the boundary line between the two
States.
Boundary Line and Land Grand Disputes.— Any map of North Carolina
will show that the line between it and Tennessee runs due south from
the Hiawassee River, instead of following the general southwestern
direction with the trend of the mountains. The case decided by the
Supreme Court of the United States in 1914, between Tennessee and
North Carolina, grew out of a dispute over the line at the head of
Telico and Citico Creeks, just north of the Hiawassee River, being
what is called Rainbow Country. Telico and Citico Creeks rise much
further east than the points at which the State line crosses those
streams, the mountain range bending eastward instead of following
the general southwestern course of the range. The Supreme Court
decision is to the effect that, as it was originally run and marked
there, and both States adopted that line soon thereafter as being in
accord with the Act of Cession, each State is bound thereby. Why
Tennessee consented to this loss of territory may be accounted for
by the fact that the line runs due south from the Hiawassee River to
the Georgia line. There is, however no evidence that the
commissioners agreed to exchange what North Carolina gained in the
"Rainbow" country for what Tennessee gained south of the Hiawassee.
But, in making that trade, North Carolina lost the Ducktown copper
mines!
Military Land Warrants.— When the Tennessee territory was ceded to
Congress the act provided that all military land warrants that had
been given to soldiers of the Revolutionary War, and all entries
previously made in the ceded territory,
__________
Note: (1) Archiblad D. Murphey anticipated trouble on this
account because of the claim Tennessee was making in November, 1819,
that the mountain range did not extend south of the Hiawassee river.
Murphey's papers, Vol. II, p. 190.
Page 119
should be reserved for the satisfaction of those warrants and
entries in case the holders of the same might not be able to satisfy
them out of land fit for cultivation in North Carolina. Many of
these warrants had not been so satisfied. Congress accepted these
conditions. However, in 1803, at the request of Tennessee, North
Carolina granted Tennessee power to issue grants and perfect titles
in this reserved territory as fully as could North Carolina, except
that North Carolina reserved the right to issue military warrants
exclusively, which act Tennessee ratified August 4, 1804, and
Congress April 18, 1806. But, as time went on, very little territory
was left in Tennessee except Indian lands, to which the Indian
rights had not been extinguished. As, however, North Carolina had
executed to Tennessee title to all the Tennessee territory by deed
dated February 25, 1790, Congress, in order to make this power
effective, had to cede to the latter State nearly half of the vacant
lands within it limits, which it did by the same act by which it had
ratified North Carolina's grant in 1803 to Tennessee of equal with
herself to issue grants and perfect titles, except military
warrants, namely the act of April 18, 1806. All the territory to
which still remained in Congress was the Chickasaw Indian
Reservation, which by treaty of 1818 vested in Congress. Congress
then empowered Tennessee to satisfy North Carolina claims out of
lands lying west and south of the line prescribed in the act of
April 18, 1806. North Carolina notified holders of her military
warrants of this and caused the muster roll to be published and
transcribed, but went on thereafter to issue additional military
warrants until the muster roll had been filled. But, in 1840, some
of these military land warrants and some entries also remained
unsatisfied. Tennessee, claiming that she had already provided for
all valid military land warrants, refused to make provision for
those still outstanding. But this provision had required the
submission of such claims to a commission which had been appointed
by Tennessee alone, and had ceased to exist from October 22, 1822,
so that no North Carolina military land warrants issued after that
date could be submitted to that commission. Under these
circumstances
Page 120
Robert Love, of Haywood County, prepared and submitted to Congress a
memorial in 1816, and succeeded, apparently, in getting these claims
satisfied, and another memorial was drawn up and sent to Congress by
Archibald Murphey January 29, 1824, according to Murphey's Papers
(Vol. II pp. 320, 328). Many of these military land warrants were
held by the descendants of Revolutionary soldiers in Ashe,
afterwards Watauga County.
Running the State Line.— As the Cherokees occupied the territory
southwest of the Big Pigeon River in what is now Haywood County, no
provision was made for running the line beyond this point. Generally
speaking, the line was to follow the tops of the Stone, the Smoky
and the Unaka Mountains from Virginia to Georgia, but to be surveyed
and marked only from Virginia to the Pigeon. The surveying party
consisted of Col. Joseph McDowell, David Vance, Mussendine Matthews,
speaker of the House, commissioners. John Strother and Robert Henry
were the surveyors. The party met May 19, 1799, at Captain Isaac
Weaver's, near what is now Tuckerdale, a station on the new
Virginia-Carolina Railway, in Ashe County. The chain bearers and
markers were B. Collins, James Hawkins, George Penland, Robert
Logan, George Davidson, and J. Matthews. James Neely was commissary.
In addition, there were two pack horse men and a pilot. The survey
began on the 20th of May and ended the 28th of June, 1799. They
camped on the night of the 23d of May in the Cut Laurel Gap, whence
they sent John Strother down to David Miller's on Meat Camp to get a
young man to act as pilot, but Strother failed to do so, and then
went on "to Cove Creek, where I got a Mr. Curtis and met the company
in a low gap between the waters of Cove Creek and Roan's Creek,
where the road crosses the same." This road must have been the
Indian trail which passes over the low gap between what is now
Zionville, NC and Trade, TN. Traces of this trail can still be seen
to the right of the present wagon road. It was this trail that Boone
followed on his first trip to Kentucky. The new pilot was discharged
on the 28th because he proved "not to be a woodsman;" and on June
1st
Page 121
they came to the Wattogoo River. This was a short distance above
Watauga Falls, where they killed a lean bear, just out of winter
quarters, which they ate "with bacon and johnny cake on Sunday
morning." As the act of cession required the line to be run from the
"place where the Watauga River breaks through the mountain a direct
course to the top of the Yellow Mountain where Bright's Road crosses
the same," and the Yellow was not visible from the river bed, the
surveyors had to go back to the peak overhanging the Falls and get
the bearing of the Yellow from that point. The diaries of Strother
and Henry show that the line was actually run and marked from the
Watauga Falls to the top of the Yellow, though a local tradition
maintains that the party simply found the easiest path to the top of
the Yellow, without surveying or marking a straight line from the
point where the river breaks through the mountain. It was here that
the Cranberry vein deflected their compasses. It was on Saturday,
June 1st, that they came across a very large rattlesnake, which
Strother called a rattlebug. They tried to kill it, but "it was too
souple in the heels for us." In Robert Henry's diary he mentions
Gideon Lewis as the guide from White Top Mountain to the place where
they sent for another, when they got to the head of Meat Camp. One
of his descendants, David Lewis, lives near Ashland, and Rev. Gideon
Lewis, a Dunkard minister, lives now in Taylor's Valley, TN. Most of
the Lewises of Watauga are descended from the same Gideon who
piloted these surveyors along the State line in 1799.
Watauga County Lines.— In order to determine the lines of Watauga
County it is necessary to give the various calls of several
counties, as follows:
Of Burke: Beginning at the Catawba River on the line between Rowan
and Tyron Counties; thence running up the meanders of said river to
the north end of an island known by the name of the "Three Cornered
Island;" thence north to the ridge that divides the Yadkin and
Catawba waters; thence westerly along the ridge to the mountains
that divides the eastern and western waters, commonly known by the
name of the Blue Mountains (sic). All that part of Rowna County
which
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lies west and south of the said dividing line shall thenceforth be
erected into a new county by the name of Burke, while that part east
of the dividing line shall remain Rowan County. Laws of 1777.
Of Buncombe: Beginning on the extreme height of the Appalachian
Mountain where the southern boundary of the State crosses the same;
thence along the extreme height of said mountain to where the road
from the head of Catawba River to "Swannanoe" (sic) crosses; thence
along the main ridge dividing the waters of South Toe from those of
"Swannanoe" unto the Great Black Mountain; thence along the mountain
to the northeast end; thence along the main ridge between South Toe
and Little Crabtree to the mouth of said Crabtree Creek; thence down
Toe River to where it empties into the Nolechucky River (sic)'(1)
thence down the said river to the extreme height of the Iron
Mountain and Cession Line; thence along the Cession Line to the
southern boundary; thence along said boundary to the Blue Ridge, and
thence to the beginning. Laws of 1791.
Of Ashe: "That all that part of the county of Wilkes lying west of
the extreme height of the Appalachian Mountains shall be and the
same is hereby erected into a separate and distinct county by the
name of Ashe." Potter's Revisal, Vol. II p. 98, Laws 1799. This is
the shortest act creating a new county on record, and the
supplemental acts required to make it clear shows that while brevity
may be the soul of wit, it is not that of perspicuity.
In 1814 (Rev. Stat. Vol. II, p. 98) an act was passed to establish
permanently the dividing line between the counties of Burke and
Ashe, which was to be as follows: Beginning at the Yadkin Spring
(which is fifty yards southeast of Green Park Hotel, Blowing Rock);
thence along the extreme height of the Blue Ridge to the head spring
of the Flat Top Fork of Elk Creek (on the right of Linville River
after passing Linville Gap); thence down the meanders of said creek
to the Tennessee State line, shall be and the same is hereby
declared to be the permanent dividing line between the counties of
Burke and Ashe.
__________
Note: (1)This river is now called the Toe or Estatoe till after
it passes into Tennessee when it becomes the Nollechucky, or simply
‘the Chucky."
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Of Yancey: That all that part of Burke and Buncombe included within
the following bounds, to wit: Beginning on the extreme height of the
Black Mountain, running thence alone said mountain to Ogle's
improvement; thence along the dividing ridge to Daniel Carter's Fork
field; thence a direct course to the mouth of Big Ivy Creek; thence
with the Warm Springs Road by Barnard's Station to the Three Forks
of Laurel; thence a direct line, so as to include James Allen's
house to the Tennessee line; thence with said line to the county of
Ashe; thence with the line of said county to the Grandfather
Mountain; thence a direct course to the extreme height of the Hump
Backed Mountain (just east of Linville River above the Falls);
thence with the Blue Ridge to where it intersects the Black
Mountain; thence with the ridge of said mountain to the beginning,
be and the same is hereby erected into a separate and distinct
county by the name of Yancey. Laws of 1833.
A Supplemental Act, passed in 1813 (Rev. Stat. Vol. II, pp 170,
171), provided that the county courts of Buncombe and Yancey should
appoint commissioners to ascertain the dividing line between said
two counties whenever the same shall be necessary, and that they
should commence their survey at Daniel Carter's Fork field and run a
direct line from thence to Barnard's Station, from which point the
line shall run along the old Warm Springs Road to James Allen's
Road, so as to include his house, and thence to the Tennessee line.
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