Cumberland Compact
Encyclopedia
The Cumberland Compact was a forerunner of the Tennessee State Constitution
, signed on May 13, 1780, by settlers when they arrived on the Cumberland River
and settled Fort Nashborough
, which would become Nashville, Tennessee
. In 1846 the only surviving copy was discovered in a trunk that once belonged to Samuel Barton
.This copy now in Tennessee State archives is slightly damaged, the first page is gone, and the second page ripped. Other than these blemishes, the document is intact and legible.
The Cumberland Compact was composed and signed by 256 colonists. Only one, Revolutionary War soldier James Patrick of Virginia, was illiterate and marked his name by an "X". This constitution
called for a governing council of twelve judge
s who would be elected
by the vote of free men 21 years of age or older. Unique to the times, the Compact included a clause that these judges could be removed from office by the people. Government salaries were to be paid in goods. Governor
ship was worth 1,000 deer skins. Secretary was to be paid 450 otter skins, and county clerk was valued at 500 raccoon skins. The constable
received one mink skin for every warrant served. All males sixteen or older were subject to militia
duty.
The compact did establish a contract and relationship between the settlers of the Cumberland region and limited the punishment that could be meted out by the judicial system. Serious capital crimes were to be settled by transporting the offending party to a location under the direct jurisdiction of the State of North Carolina for a proper trial. The compact remained in effect until Tennessee became a state.
Frontier law was brutal and effective. In 1788, at the first Court session in Nashville, a young red-headed lawyer, Andrew Jackson
, was granted permission to practice law. He was immediately handed the job of prosecuting attorney. In 1793, Judge John McNairy sentenced Nashville's first horse thief, John McKain, Jr., to be fastened to a wooden stock one hour for 39 lashes, his ears cut off and cheeks branded with the letter "H" and "T". The first female convicted of stealing soap and thread was stripped to the waist and publicly whipped nine lashes. By 1800, the first divorce was granted between May and Nathaniel Parker. Henry Baker became the first capital punishment case in Davidson County with the first death sentence of "hanged by the neck until he is dead" for stealing a horse. These records survive in a heavy leather bound book in the care of the circuit court clerk.
Tennessee State Constitution
The Constitution of the State of Tennessee defines the form, structure, activities, character, and fundamental rules of the U.S. State of Tennessee....
, signed on May 13, 1780, by settlers when they arrived on the Cumberland River
Cumberland River
The Cumberland River is a waterway in the Southern United States. It is long. It starts in Harlan County in far southeastern Kentucky between Pine and Cumberland mountains, flows through southern Kentucky, crosses into northern Tennessee, and then curves back up into western Kentucky before...
and settled Fort Nashborough
Fort Nashborough
Fort Nashborough was the stockade for the settlement that became the city of Nashville, Tennessee, USA. A reconstruction, maintained by Nashville Parks and Recreation today stands on the banks of the Cumberland River near the site of the original fort....
, which would become Nashville, Tennessee
Nashville, Tennessee
Nashville is the capital of the U.S. state of Tennessee and the county seat of Davidson County. It is located on the Cumberland River in Davidson County, in the north-central part of the state. The city is a center for the health care, publishing, banking and transportation industries, and is home...
. In 1846 the only surviving copy was discovered in a trunk that once belonged to Samuel Barton
Samuel Barton
Colonel Samuel Barton was a pioneer and Patriot of the American Revolution but is remembered more for the exploration and settlement of what was to become Nashville, Tennessee. Little is known of his early youth...
.This copy now in Tennessee State archives is slightly damaged, the first page is gone, and the second page ripped. Other than these blemishes, the document is intact and legible.
The Cumberland Compact was composed and signed by 256 colonists. Only one, Revolutionary War soldier James Patrick of Virginia, was illiterate and marked his name by an "X". This constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
called for a governing council of twelve judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s who would be elected
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
by the vote of free men 21 years of age or older. Unique to the times, the Compact included a clause that these judges could be removed from office by the people. Government salaries were to be paid in goods. Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
ship was worth 1,000 deer skins. Secretary was to be paid 450 otter skins, and county clerk was valued at 500 raccoon skins. The constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
received one mink skin for every warrant served. All males sixteen or older were subject to militia
Militia (United States)
The role of militia, also known as military service and duty, in the United States is complex and has transformed over time.Spitzer, Robert J.: The Politics of Gun Control, Page 36. Chatham House Publishers, Inc., 1995. " The term militia can be used to describe any number of groups within the...
duty.
The compact did establish a contract and relationship between the settlers of the Cumberland region and limited the punishment that could be meted out by the judicial system. Serious capital crimes were to be settled by transporting the offending party to a location under the direct jurisdiction of the State of North Carolina for a proper trial. The compact remained in effect until Tennessee became a state.
Frontier law was brutal and effective. In 1788, at the first Court session in Nashville, a young red-headed lawyer, Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
, was granted permission to practice law. He was immediately handed the job of prosecuting attorney. In 1793, Judge John McNairy sentenced Nashville's first horse thief, John McKain, Jr., to be fastened to a wooden stock one hour for 39 lashes, his ears cut off and cheeks branded with the letter "H" and "T". The first female convicted of stealing soap and thread was stripped to the waist and publicly whipped nine lashes. By 1800, the first divorce was granted between May and Nathaniel Parker. Henry Baker became the first capital punishment case in Davidson County with the first death sentence of "hanged by the neck until he is dead" for stealing a horse. These records survive in a heavy leather bound book in the care of the circuit court clerk.
Signers
The 256 signers included the following:- Philip AlstonPhilip Alston (counterfeiter)Philip Alston was an 18th century counterfeiter both before and after the American Revolution in Virginia and the Carolinas before the war, and later in Kentucky and Illinois afterwards...
- Thomas W. Alston
- Colonel Samuel BartonSamuel BartonColonel Samuel Barton was a pioneer and Patriot of the American Revolution but is remembered more for the exploration and settlement of what was to become Nashville, Tennessee. Little is known of his early youth...
- Isaac Bledsoe
- James Cain
- John DonelsonJohn DonelsonCol. John Donelson , explorer and adventurer, was, with James Robertson, co-founder of Fort Nashborough in 1780, which would eventually become the city of Nashville, Tennessee. Donelson was the father of Rachel Jackson, the wife of seventh President of the United States, Andrew Jackson. His...
- Andrew Ewing
- Thomas Fletcher
- William Gowen
- Francis Hodge
- James Leeper
- George Leeper
- Isaac Lindsay
- William Loggins
- Edward Lucas
- John Luney
- Peter Luny
- James Lynn
- Kasper Mansker
- Amb's [Ambrose] Mauldin
- Morton Mauldin
- John MontgomeryJohn Montgomery (pioneer)Colonel John Montgomery was an early American soldier, settler, and explorer. He is credited with founding the city of Clarksville, Tennessee, and the county of Montgomery County, Tennessee is named for him....
- William Overall
- Nathaniel Overall
- James RobertsonJames Robertson (early American)James Robertson was an explorer and pioneer active primarily in what is now the State of Tennessee during the second half of the 18th century. An early companion of explorer Daniel Boone, Robertson helped establish the Watauga Association in the early 1770s, and helped defend Fort Watauga from an...
- Daniel Ratletf
- David Rounsavall
- Isaac Rounsavall
- James Russell (four men by this name)
- Hugh Simpson
- Nicholas Trammel
- John Jonathon Crow
- Samuel Hays