Boundaries: Major Changes in County Lines
Changes in County Lines
Acts of 1794 -- Chapter 11 -- Erection of Sevier County
WHEREAS the Inhabitants of Jefferson County, who live on the South Side of French Broad River, labour under difficulties in attending at Courts and Musters, in having the river to cross, and other inconveniences attending the present extensive boundaries of said County:
Section 1. BE IT ENACTED by the Governor, Legislative Council, and House of Representatives of the Territory of the United States of America South of the River Ohio, That the county of Jefferson be divided by a line as follows, to wit: Beginning on the Eastern boundary of this territory; from thence a direct line to the ridge that divides the waters of Little Pigeon from the waters of Big Pigeon river; thence along the same to the head of Muddy Creek; thence a direct line to the lower end of an island in French Broad river, formerly known by the name of Hubbert's island; thence a direct line to the mouth of Cresswell's mill creek; thence with the Knox county line to the top of Bay's mountain; thence along the said mountain to where French Broad river runs through the same; thence along the said mountain, and with the extreme height thereof, to the place where the dividing ridge that divides the waters of French Broad from those if Little river intersects the same; thence with said ridge to the Pigeon mountain; thence along said mountain to the Indian boundary, and with the same to the Eastern boundary of the Territory; thence to the beginning.
And all that part contained in the said boundaries, shall thenceforth be erected into a new and distinct county, by the name of SEVIER.
Section 2. AND BE IT ENACTED, That Joseph Wilson, Robert Polk, Samuel Magahee, Samuel Newell, and Thomas Buckenham are hereby appointed commissioners; and authorized to lay off, and appoint a place the most centrical and convenient in said county, for the purposes of erecting a court house, prison, and stocks.
Section 3. And for the due administration of justice in said county, BE IT ENACTED, That the court for the said county of Sevier shall be held constantly by the justices of said county on the last Mondays in January, April, July, and October in every year; and the justices for said county of Sevier are hereby authorized and empowered to hold the first court for the same at the house of Isaac Thomas, and all subsequent courts for said county, on the days above mentioned for holding courts therein, at any place to which the said justices shall from court to court adjourn themselves, until a court house be built for the said county of Sevier; and then all causes, matters, and things depending in the said court, and all manner of process returnable to the same, shall be adjourned to such court house; and all courts held in and for said county of Sevier, shall be held by commission to the said justices in the same manner, and under the same rules and restrictions, and shall have and exercise the same powers and jurisdiction as are or shall be prescribed for other courts held for theseveral counties in this Territory.
Passed: September 27, 1794.
Acts of 1795 -- Chapter 14 -- Modification of Boundary with Sevier County
BE IT ENACTED by the Governor, Legislative Council, and House of Representatives of the Territory of the United States of America South of the River Ohio, That from and after passing of this act, the line that divides the aforesaid counties of Jefferson and Sevier, on the south side of French Broad River, shall begin on said river at the lower end of Hubbard's island, thence a direct line to where the dividing ridge that divides thewaters of Flat creek from the waters of Peerey's creek intersects said river, thence with said ridge to the ridge that divides the waters of Flat creek from the waters of Muddy creek, thence with that ridge to the ridge that divides the waters of Little Pigeon from the waters of French Broad and Big Pigeon, to the eastern boundary of this Territory.
Passed: July 11, 1795.
Private Acts of 1797 -- Chapter 8 -- Erection of Cocke County
WHEREAS the Citizens of Jefferson County, living on the waters of French Broad and Big Pigeon, above the mouth of Chucky River, are so situated by rivers and mountains, that they cannot with convenience attend courts, general musers or elections in said County: And it being made to appear to this General Assembly, that the bonds required by the Constitution may be had in each County:
Section 1. That from and after the passing of this act, the said county shall be divided by a line to begin on the North Carolina boundary line with this state, on the south side of French Broad river, one mile from said river, thence down said river, one mile distance from the same to where it intersects the Greene county line, thence with said line to Nolachucky river, a small distance below Captain William White's house, thence down the said river to French Broad, leaving all the islands to Jefferson County, thence down the river French Broad, in the same manner, to the bent of said river opposite Colonel Parmenas Taylor's, and from thence a direct line to the top of English's mountain, within one mile of Sevier county line, thence parallel with that line to the uppermost house on Cozby's creek, and from thence an easterly line, to a point on the North Carolina boundary line, as to leave six hundred and twenty-five square miles in Jefferson County, and from thence with said boundary line to the beginning, which bounds, so described, shall, from and after the passing of this act, be a separate and distinct county, known by the name of COCKE. ...Act regarding Cocke continues...
Section 7. That the sheriff of Jefferson County is hereby authorized to collect all monies due on judgments or executions, entered up in the county of Jefferson, prior to the passing of this act, and that all proceedings now pending in the county of Jefferson shall be proceeded on, and determined in same manner as if this law had not been passed.
Passed: October 9, 1797.
Acts of 1854 -- Chapter 30 -- Modification of Boundary with Hawkins County
Section 2. That this Act shall take effect from and after its passage.
Section 3. That the dividing line between the counties of Jefferson and Hawkins be changed as follows: Beginning at or near George Lynch's on the line between said counties of Jefferson and Hawkins running with said line to the Walnut gap; from thence a direct line to the north-east boundary line of Pleasant Kirkpatrick's plantation, and with said line till it strikes the road leading from Russellville to Bull's Gap; and with said road till it strikes the county line of Greene and Hawkins, below Bull's Gap.
Section 4. That the persons and property included in the fraction of Jefferson, lying north-east of said line, as described in the first section of this act, shall be entitled to all the rights and privileges of the citizens of Hawkins, and subject to all the duties thereof; and the act passed February 7, 16, 1852, entitled "an act to change the line between the counties of Jefferson and Hawkins, be, and the same is hereby repealed.
Passed: January 31, 1854.
Acts of 1870 (Extra Session) -- Chapter 6 -- Erection of Hamblen County
Section 1. That in conformity to the fourth section of the tenth Article of the Constitution of the State of Tennessee, a new county be, and the same is hereby established, to be composed of fractions to be taken from the counties of Jefferson and Grainger, to be known and designated as Hamblen County.
Section 2. That the boundaries of the county of Hamblen shall be as follows, viz: Beginning at four cedars on the northern bank of Nolachucky River, at the point where the boundary line between Jefferson and Greene counties to Rader's Spring, at or near Bull's Gap; thence with the line between Hawkins and Jefferson counties to Mount Sterling, at or near the house of Wm. Pangle; thence with the line between Hawkins and Jefferson counties to Cheek's cross roads; thence with the line between Hawkins and Grainger counties to the center of Holston River; thence down the Holston River with the meanders thereof to the mouth of Hull's branch; thence from the mouth of Hull's branch south 25 degrees east one mile and 120 poles to a stake; thence east 5 miles and 16 poles to a stake; thence south 77 degrees east 1 mile to a stake; thence south 71 degrees east 1 mile to a stake; thence 65 degrees east 1 mile to a stake; thence 59 degrees east 1 mile to a stake; thence south 53 degrees east 1 mile to a stake; thence south 47 degrees east 1 mile to a stake; thence south 23 degrees east one half of 1 mile to a stake on the northern bank of French Broad River; thence south 60 degrees east, up the French Broad River to the mouth of Nolachucky River; thence up the Nolachucky River with the meanders thereof, and with the line between Jefferson and Cocke Counties to the beginning.
Section 5. That it shall be the duty of said Commissioners to designate five public places in the fraction taken from Jefferson County, and three public places in the fraction taken from Grainger County, and shall give public notice by printed or written advertisement, for at least thirty days, posted up at five or more public places in each of said fractions; that on a day to be designated by them, and at the places designated, an election will be opened and held at which all persons entitled to vote for members of the General Assembly, who have resided in the fraction proposed to be stricken off for six months immediately preceding said election, shall be entitled to vote, and each voter who desires to vote for the establishment of the new county shall have on his ticket thewords "New County," and those desiring to vote against the new county shall have on their tickets the words "Old County," and if upon counting all the ballots cast in said election, it shall appear that two-thirds of all the qualified voters in each of said fractions have voted for the new county,
[Compiler's Note: Those Sections of this Act which did not involve Jefferson County were not printed herein.]
then the county of Hamblen shall be, and the same is hereby declared to be a county, with all the powers, rights and privileges, and subject to all the liabilities and duties with other counties in this State.
Section 6. That said Commissioners shall appoint Judges and Clerks to hold said election, and also some suitable person as an officer at each place designated in each of said fraction, who shall have all the powers and perform all the duties imposed by law upon other officers and inspectors holding elections under the laws of this State; and who shall, after polls are closed and the vote counted, make out and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the return are all received, proceed, in the presence of said Board, to compare the votes and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the returns are all received, proceed, in the presence of said Board, to compare the votes and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the returns are all received, proceed, in the presence of said Board, to compare the votes and certify the result; and the election herein provided shall be held on the same day in each of said fractions; and if, from any cause the election as hereby provided, shall not be held in either of said fractions on the day appointed, said Board shall provide for another election, as herein provided in such fraction; and if said Commissioners shall believe upon investigation, which they are hereby fully authorized to institute into the manner of holding said election, that any improper or fraudulent practices have been permitted, they shall have the power to declare the election so hold in either fraction to be void, and shall proceed to hold another election in said fraction, first giving thirty days' notice, as herein provided.
Section 14. That all causes now pending, or which may be pending at the time of the organization of said county, in any of the Court of either Jefferson or Grainger Counties, between citizens pending within the limits of the new county, shall be transferred to the county having jurisdiction thereof in said county of Hamblen; and all suits pending, or which may be pending against any defendant residing within the limits of the new county, shall, if the plaintiff consent thereto, also be transferred to said county; and all prosecutions pending, or which may be pending in the Court of either of the counties of Grainger or Jefferson, for violations of the criminal law, where the crime is charged to have been committed within the limits of the new county, as hereby established, shall also be transferred to the Court of Hamblen County having jurisdiction thereof.
Section 16. That the people of each of the fractions taken from Jefferson and Grainger Counties shall remain liable and be bound to pay their respective shares of the debts owning by either of the counties from which they are stricken off, and shall also be entitled to their respectiveshares of all public securities or stocks that may be the property of either of said counties, and all taxes assessed for the year 1870 on the property, polls and privileges in each of said fractions remaining uncollected upon the organization of said county of Hamblen, and the election and qualification of a Tax Collector for said county, shall be collected and accounted for by the Tax Collector of said county of Hamblen in the same manner as the public taxes of other counties, and the taxes assessed for county purposes in each of said fractions which may be collected at the time or organization of said county shall be apportioned between the new and the old counties, the fractions of each being required to pay their proper proportion of all public expenses for the year, up to the time of organization as aforesaid, and the county Courts of the old counties respectively, and also the County Court of the new county shall each appoint three suitable persons on the part of each, to apportion the public debt that each county may owe, and also to apportion the public securities or stocks, that may be owned by either of the old counties, and also to apportion the revenue assessed for county purposes, which may have been collected by the old counties for the year 1870, and in making such apportionment, the aggregate value of all taxable property and polls in each shall be taken as the basis of said apportionment, and each of the fractions included in the new county, and shall remain liable and pay their proportion of the debts of the old county from which they may be stricken off, and the County Courts of each of said counties are fully authorized to make such orders and regulations as may be necessary to carry out the provisions of this section, so as to effect a fair and equitable apportionment of the debts owing, stock owned and revenue collected by each.
Section 18. That the public welfare required that this act shall take effect from and after its passage.
Passed: May 31, 1870.
Acts of 1875 -- Chapter 140 -- Modification of Boundary with Hamblen County
Section 3. That the county line between the counties of Hamblen and Jefferson be changed as follows, to wit: Beginning at a point in the center of the Dandridge and Greenville dirt road, eleven miles, by measurement, along the same from the Jefferson County Court House; then running south-eastwardly as nearly parallel with the present county line between said two (2) counties as practicable, so as not to approach nearer than eleven miles of the Jefferson County Court House, until it strikes the Cocke county line; then beginning again at said point first mentioned and running a direct line so as to never come within less than eleven miles of the said Jefferson County Court House, until it strikes the Cocke county line; then beginning again at said point first mentioned and running a direct line so as to never come within less than eleven miles of the said Jefferson County Court House, until said line strikes the C. C. G. & C. R. R.; then running a north-westwardly course along the southwest side of said railroad, thirty feet from the center of same, until the line strikes the present line between the counties of Jefferson and Hamblen; also, provided, that if there by any expense incurred in changing said county line between Jefferson and Hamblen, the citizens living in that part of the county so attached to Hamblen county, shall be required to pay the same, and in default thereof the county of Hamblen shall pay the expenses of same.
Passed: March 24, 1875.
[Compiler's Note: Only Section 3 of this Act affected Jefferson County.]
Acts of 1935 -- Chapter 672 -- Modification of Boundary with Sevier County
Section 1. That the County Line between the Counties of Sevier and Jefferson be so changed as to detach from the County of Jefferson and attach to the County of Sevier that portion of the farm of George Petty now situated in Jefferson County. The land to be detached from Jefferson County and attached to Sevier County is more particularly described in the two descriptions now recited as follows:
Beginning on a rock at the north side of the old Knoxville road, corner with Lowery Hickman and A. J. Hickman, thence crossing the road S. 9-1/4 E. 13-1/4 poles to a rock; thence with the N.E. Hickman, S. 87-3/4 W. 10-1/2 poles to a rock in the original line, thence with the same S. 3 degrees W. 34-1/4 poles to a pile of rock, thence with Petty's line, E. 51 poles to a white oak, corner of a tract owned by Mrs. M. A. Langston; thence with her line in 27 W. _32 poles 20 links to a rock; thence No. 16-1/2 W. 24 poles to a rock at said road, corner with A.J. Hickman, Jr,; thence with his line and the road S. 82-1/2 W. 19-1/4 poles to the beginning, containing 10-3/4 acres more or less.
Beginning on a stone in the north side of the Knoxville road and running S. 8-1/2 E. 13 poles to a stone, N. ___89-1/2 W. 10 poles to a stone in the Lowery Hickman line with same N. 5 E. 8 poles to the beginning, and estimated to contain 3/4 of One Acre, be and the same more or less.
Passed: April 18, 1935.
Constitutional Limitations
Constitution of 1870 -- Article 10 -- Section 4
Section 4. New counties -- Approach of county lines to courthouse -- Limit to reduction of counties -- Exceptions -- Vote necessary to detach fractions for formation of new counties or to remove a county seat -- Liability for existing debt. -- New Counties may be established...no line of such County shall approach the Court House of any old County from which it may be taken nearer than eleven miles, nor shall such old County be reduced to less than five hundred square miles. But the following exceptions are made to the foregoing provisions viz: New Counties may be established by the present or any succeeding Legislature out of the following Territory to wit:...Out of fractions of Grainger and Jefferson Counties but no line of such new County shall include any part of Grainger County north of the Holston River; nor shall any line thereof approach the Court House of Jefferson County nearer than eleven miles...No part of a County shall be taken off to form a new County or a part thereof without the consent of two_thirds of the qualified voters in such part taken off;...The fractions taken from old Counties to form new Counties or taken from one County and added to another shall continue liable for their pro rata of all debts contracted by their respective Counties prior to the separation, and be entitled to their proportion of any stock or credits belonging to such old Counties.
Effective: May 5, 1870.
