View source for Southwest Territory

{{short description|Territory of the USA from 1790 to 1796}}
{{Distinguish|Southwestern United States}}
{{other uses}}
{{Use mdy dates|date=April 2013}}
{{Lead rewrite|date=January 2025|reason=needs reorganization overall, improved syntax for readability, and confirmation that content in lead is included and cited in the main article text.}}

{{Infobox Former Subdivision
| native_name            = 
| conventional_long_name = Territory South of the River Ohio
| common_name            = Southwest Territory<br>(old Southwest Territory)
| nation                 = United States
| subdivision            = [[Organized incorporated territories of the United States|Organized incorporated territory]]
| year_start             = 1790
| year_end               = 1796
| event_start            = Ceded by [[North Carolina]]
| date_start             = April 2,
| event_end              = [[Tennessee]]an [[Federated state|statehood]]
| date_end               = June 1,
| event1                 = Southwest Ordinance<br>([[United States Congress]])
| date_event1            = May 26, 1790<ref>{{USStat|1|123}}</ref>
| event2                 = House convened
| date_event2            = February 24, 1794
| event3                 = Full Assembly convened
| date_event3            = August 26, 1794
| event_pre              = 
| date_pre               = 
| stat_year1             = 1791
| stat_pop1              = 35,691<ref name=finger>John Finger, "Southwest Territory," ''Tennessee Frontiers'' (Bloomington, Ind.: Indiana University Press, 2001), pp. 125–151.</ref>
| stat_year2             = 1795
| stat_pop2              = 77,262<ref name=tehc>[[Walter T. Durham]], "[http://tennesseeencyclopedia.net/entry.php?rec=1236 Southwest Territory]," ''Tennessee Encyclopedia of History and Culture''. Retrieved: 25 October 2013.</ref>|
| p1                     = North Carolina
| flag_p1                = Betsy Ross flag.svg
| s1                     = Tennessee
| flag_s1                = Flag of the United States (1795–1818).svg
| image_flag             = Flag of the United States (1777–1795).svg
| image_coat             = 
| symbol                 = 
| symbol_type            = Flag (1790–1796)
| image_map              = Southwest Territory Counties (1790).svg
| image_map_caption      = Map of the Southwest Territory in 1790|
| capital                = [[Rocky Mount State Historic Site|Rocky Mount]]<br>({{small|1790–1792)}}<br>[[Knoxville, Tennessee|Knoxville]]<br>({{small|from 1792)}}
| government_type        = Organized incorporated territory
| title_leader           = Governor
| leader1                = [[William Blount]]
| year_leader1           = 1790&ndash;1796
| title_deputy           = <nowiki>Secretary</nowiki>
| deputy1                = [[Daniel Smith (surveyor)|Daniel Smith]]
| year_deputy1           = 1790&ndash;1796
| legislature            = <nowiki>Territorial Assembly</nowiki>
| house1                 = <nowiki>Territorial Council</nowiki>
| house2                 = <nowiki>House of Representatives</nowiki>
| type_house1            = Upper chamber
| type_house2            = Lower chamber
}}
The '''Territory South of the River Ohio''', more commonly known as the '''Southwest Territory''' or the '''old Southwest Territory''', was an [[organized incorporated territory of the United States]] that existed from May 26, 1790, until June 1, 1796, when it was [[admission to the Union|admitted to the United States]] as the [[Tennessee|State of Tennessee]]. The Southwest Territory was created by the Southwest Ordinance which was similar to the previous two ordinances passed by the [[Confederation Congress]] for the parallel establishment and development of the old [[Northwest Territory]] of 1786–1803. It pertained to lands situated north of the [[Ohio River]], around the [[Great Lakes]] and extending west to the [[Mississippi River]]. The lands of the Territory were taken from western areas beyond the mountains of the [[Virginia|Commonwealth of Virginia]] (later to be separated and erected into the new 15th [[U.S. state|state]] of the [[Kentucky|Commonwealth of Kentucky]].) Western lands were also ceded by the [[North Carolina|State of North Carolina]] from lands of the [[Washington District, North Carolina|Washington District]] that had been already [[state cessions|ceded]] to the [[U.S. federal government]] by [[North Carolina]]. 

The territory's first—and only—appointed governor for its existence was [[William Blount]], and the appointed secretary of the territory was [[Daniel Smith (surveyor)|Daniel Smith]]. Both were appointed by President [[George Washington]].

The establishment of the Southwest Territory followed a series of efforts by North Carolina's [[trans-Appalachia]]n settlers to form a separate political entity, initially with the [[Watauga Association]], and later with the failure of the additional proposed western [[State of Franklin]]. North Carolina ceded these lands in April 1790 as payment of obligations owed to the new central federal government. 

It was also along with the intention, that when the previous governing document for the newly independent United States of the [[Articles of Confederation|Articles of Confederation and Perpetual Union]] which were drawn up in 1776–1778 and adopted unanimously finally in 1781, that the territories west of the [[Appalachian Mountains]] would be ceded to the [[Confederation Congress]], to be held in trust for all of the original [[Thirteen States]], in order to settle and create in the future of new federal territories and states to be admitted to the Union on an equal basis and status. The Southwest Territory's residents welcomed the cession, believing the federal government would provide better protection from native Indian hostilities. The federal government paid relatively little attention however to the territory, increasing its residents' desire for full statehood and admittance to the federal Union.

Along with Blount, a number of individuals who played prominent roles in early Tennessee history served in the old Southwest Territory's administration. These included [[John Sevier]], [[James Robertson (explorer)|James Robertson]], [[Griffith Rutherford]], [[James Winchester (general)|James Winchester]], [[Archibald Roane]], [[John McNairy]], [[Joseph McMinn]] and General and future seventh [[President of the United States|President]], [[Andrew Jackson]].

==Background==
{{Main|Watauga Association|Washington District, North Carolina|Tennessee County, North Carolina}}

{{Historical populations
|type= USA
|1770|1000
|1780|10000
|1790|35691
|footnote=Source: 1770–1780;<ref name="Colonial and Pre-Federal Statistics">{{cite web|title=Colonial and Pre-Federal Statistics|publisher=[[United States Census Bureau]]|page=1168|url=https://www2.census.gov/prod2/statcomp/documents/CT1970p2-13.pdf}}</ref> 1790<ref>{{cite report|editor-last=Forstall|editor-first=Richard L.|title=Population of the States and Counties of the United States: 1790–1990|page=4|publisher=[[United States Census Bureau]]|url=https://www2.census.gov/library/publications/decennial/1990/population-of-states-and-counties-us-1790-1990/population-of-states-and-counties-of-the-united-states-1790-1990.pdf|access-date=May 18, 2020}}</ref>
}}

During the colonial period, land that would become the Southwest Territory was part of [[Province of North Carolina|North Carolina]]'s [[land patent]]. The [[Blue Ridge Mountains]], which rise along the modern Tennessee-North Carolina border, hindered North Carolina from pursuing any lasting interest in the territory. Initially trade, political interest, and settlement came mostly from [[Province of Virginia|Virginia]] and [[Province of South Carolina|South Carolina]], though refugees from the [[War of the Regulation|Regulator War]] began arriving from North Carolina in the early 1770s.

The [[Watauga Association]] was a semi-autonomous government created in 1772 by frontier settlers living along the [[Watauga River]] in what is present day [[Elizabethton, Tennessee]]. The colony was established on [[Cherokee]]-owned land in which the Watauga and Nolichucky settlers had negotiated a 10-year lease directly with the Indians. [[Fort Watauga]] was established on the Watauga River at [[Sycamore Shoals]] as a trade center of the settlements.

In March 1775, land speculator and North Carolina judge [[Richard Henderson (American pioneer)|Richard Henderson]] met with more than 1,200 Cherokees at Sycamore Shoals. Included at the gathering were Cherokee leaders such as [[Attacullaculla]], [[Oconostota]], and [[Dragging Canoe]]. The meeting resulted in the "[[Treaty of Sycamore Shoals]]", in which Henderson purchased from the Cherokee all the land situated south of the [[Ohio River]] and lying between the [[Cumberland River]], the [[Cumberland Mountains]], and the [[Kentucky River]]. This land, which encompassed roughly 20 million acres (80,000&nbsp;km<sup>2</sup>), became known as the [[Transylvania (colony)|Transylvania Purchase]]. Henderson's land deal was found to be in violation of North Carolina and Virginia law, as well as the [[Royal Proclamation of 1763]], which had prohibited the private purchase of [[Native Americans in the United States|American Indian]] land.

Both North Carolina and Virginia considered the trans-Appalachian settlements illegal, and refused to annex them.  Nevertheless, at the onset of the [[American Revolutionary War|American War for Independence]] in 1776, the settlers, who vigorously supported the Patriot cause, organized themselves into the "Washington District" and formed a [[committee of safety (American Revolution)|committee of safety]] to govern it.  In July 1776, Dragging Canoe and the faction of the Cherokee opposed to the Transylvania Purchase (later called the [[Chickamauga Cherokee|Chickamaugas]]) aligned with the British and launched an invasion of the Watauga settlements, targeting [[Fort Watauga]] at modern Elizabethton and Eaton's Station near modern [[Kingsport, Tennessee|Kingsport]].  After the settlers thwarted the attacks, North Carolina agreed to annex the settlements as the [[Washington District, North Carolina|Washington District]].

In September 1780, a large group of trans-Appalachian settlers, led by [[William Campbell (general)|William Campbell]], [[John Sevier]] and [[Isaac Shelby]], assembled at Sycamore Shoals in response to a British threat to attack frontier settlements.  Known as the [[Overmountain Men]], the settlers marched across the mountains to South Carolina, where they engaged and defeated a [[loyalist (American Revolution)|loyalist]] force led by [[Patrick Ferguson]] at the [[Battle of Kings Mountain]].  Overmountain Men would also take part in the [[Battle of Musgrove Mill]] and the [[Battle of Cowpens]].<ref name="U.S. National Park Service">[https://web.archive.org/web/20070103184907/http://www.nps.gov/archive/ovvi/tn/travelog.htm U.S. National Park Service.]</ref>

In 1784, North Carolina ceded control of the Overmountain settlements following a hotly contested vote.  The cession was rescinded later that year, but not before some of the settlers had organized the [[State of Franklin]], which sought statehood. [[John Sevier]] was named governor and the area began operating as an independent state not recognized by the [[Congress of the Confederation]]. Many Overmountain settlers, led by [[John Tipton (Tennessee frontiersman)|John Tipton]], remained loyal to North Carolina, and frequently quarreled with the Franklinites. Following Tipton's defeat of Sevier at the "Battle of Franklin" in early 1788, the State of Franklin movement declined.  The Franklinites had agreed to rejoin North Carolina by early 1789.

==Territory formation==
North Carolina ratified the [[United States Constitution]] on November 21, 1789.<ref>{{cite web |url=http://teachingamericanhistory.org/ratification/timeline-state/#northcarolina |title=Timeline of the Ratification of the Constitution |website=Teaching American History  |url-status=dead |archive-url=https://web.archive.org/web/20130921232539/http://teachingamericanhistory.org/ratification/timeline-state |archive-date=2013-09-21}}</ref> On December 22, the state legislature voted to cede the Overmountain settlements as payment of its obligations to the new federal government.<ref name=jeth>Walter T. Durham, "The Southwest Territory: Progression to Statehood", ''Journal of East Tennessee History'', Vol. 62 (1990), pp. 3–17.</ref>  Congress accepted the cession during its [[1st U.S. Congress|first session]] on April 2, 1790, when it passed "An Act to Accept a Cession of the Claims of the State of North Carolina to a Certain District of Western Territory".<ref name=durham>Walter T. Durham, "The Territory of the United States South of the River Ohio", ''Before Tennessee: The Southwest Territory, 1790–1796'' (Rocky Mount Historical Association, 1990), pp. 31–46.</ref> On May 26, 1790, Congress passed an act organizing the new cession as the "Territory of the United States South of the River Ohio", which consisted of modern Tennessee, with the exception of later minor boundary changes.<ref name=durham /> However, most of the new territory was under Indian control, with territorial administration initially covering two unconnected areas&mdash;the Washington District in what is now northeast Tennessee, and the Mero District around Nashville.<ref name=finger /> The act also merged the office of territorial governor with the office of Superintendent of Indian Affairs for the Southern Department.<ref name=jeth />

[[File:LowsKentuckyMap.jpeg|thumb|Low's map, "The State of Kentucky and adjoining Territories". The Southwest Territory did not yet include [[West Tennessee]], which was still under control of Indians. From ''[[Low's Encyclopaedia]]'']]
The new territory was essentially governed under the same provisions as the [[Northwest Ordinance]], a 1787 act enacted for the creation of the [[Northwest Territory]] north of the Ohio River. The Northwest Ordinance's provision outlawing [[slavery]] was not applied to the Southwest Territory, however. Along with rules of governance, the Ordinance outlined steps a territory could take to gain admission to the Union. The first step involved the organization of a territorial government. The next step, which would take place when the territory had at least 5,000 adult males, was to organize a territorial legislature, with a popularly elected lower chamber and an upper chamber appointed by the president. The final step, which would take place when the territory had a population of at least 60,000, was to write a state constitution and elect a state government, at which time the territory would be admitted to the Union.<ref name=finger />

Several candidates were put forth for governor of the new territory. [[William Blount]], a [[Constitutional Convention (United States)|Constitutional Convention]] delegate and former state legislator who had championed the causes of western settlers, was supported by key North Carolina politicians such as [[Hugh Williamson]], [[Timothy Bloodworth]], [[John Baptista Ashe (delegate)|John B. Ashe]] and [[Benjamin Hawkins]]. Blount, an aggressive land speculator, had extensive land holdings in the new territory. Virginia's [[Patrick Henry]] called for his friend, General [[Joseph Martin (general)|Joseph Martin]], to be appointed governor. A small group of ex-Franklinites convened in [[Greeneville, Tennessee|Greeneville]] to push for the appointment of John Sevier.<ref name=durham />

On June 8, 1790, President [[George Washington]] chose Blount as the territory's new governor. He also appointed [[Daniel Smith (surveyor)|Daniel Smith]] the territory's Secretary, and named two of the territory's three judges, [[John McNairy]] and [[David Campbell (judge)|David Campbell]] ([[Joseph Anderson (Tennessee politician)|Joseph Anderson]] would eventually be chosen as the third judge). John Sevier was appointed brigadier general of the Washington District militia, and [[James Robertson (explorer)|James Robertson]] was appointed brigadier general of the Mero District militia.<ref name=finger />

In September 1790, Blount visited Washington at [[Mount Vernon]], and was sworn in by Supreme Court justice [[James Iredell]]. He then moved to the new territory, where he set up a temporary capital at [[Rocky Mount, Tennessee|Rocky Mount]], the home of William Cobb in [[Sullivan County, Tennessee|Sullivan County]]. He recruited North Carolina publisher George Roulstone to establish a newspaper, the ''[[Knoxville Gazette]]'' (initially published at [[Rogersville, Tennessee|Rogersville]]). He spent most of October and November issuing appointments to lower-level administrative and militia positions. In December, he made the dangerous trip across Indian territory to the Mero District, where he likewise issued appointments, before returning to Rocky Mount by the end of the year.<ref name=durham />

Blount initially wanted the permanent territorial capital to be located at the confluence of the [[Clinch River|Clinch]] and [[Tennessee River|Tennessee]] rivers (in the vicinity of modern [[Kingston, Tennessee|Kingston]]), where he had extensive land claims, but was unable to convince the Cherokee to relinquish ownership of these lands. He therefore chose [[White's Fort (Tennessee)|James White's Fort]], an outpost located further upstream along the Tennessee.  In 1791, White's son-in-law, [[Charles McClung]], platted the new city, and lots were sold in October of that year. Blount named the new city "Knoxville" after his superior in the War Department, [[Henry Knox]].<ref>Stanley Folmsbee and Lucile Deaderick, "The Founding of Knoxville", East Tennessee Historical Society ''Publications'', Vol. 13 (1941), pp. 3–20.</ref>

In the [[1790 United States census]], [[List of counties in Tennessee|7 counties in the Southwest Territory]] reported the following population counts:<ref>{{cite report|editor-last=Forstall|editor-first=Richard L.|title=Population of the States and Counties of the United States: 1790–1990|pages=149–151|publisher=[[United States Census Bureau]]|url=https://www2.census.gov/library/publications/decennial/1990/population-of-states-and-counties-us-1790-1990/population-of-states-and-counties-of-the-united-states-1790-1990.pdf|access-date=May 18, 2020}}</ref>
{| class=wikitable
! Rank
! County
! Population
|-
|1
|[[Greene County, Tennessee|Greene]]
|7,741
|-
|2
|[[Hawkins County, Tennessee|Hawkins]]
|6,970
|-
|3
|[[Washington County, Tennessee|Washington]]
|5,872
|-
|4
|[[Sullivan County, Tennessee|Sullivan]]
|4,447
|-
|5
|[[Davidson County, Tennessee|Davidson]]
|3,459
|-
|6
|[[Sumner County, Tennessee|Sumner]]
|2,196
|-
|7
|[[Montgomery County, Tennessee|Tennessee]]
|1,387
|-
|
|[[Sevier County, Tennessee|Unincorporated]]
|3,619
|-
|
|Southwest Territory
|35,691
|-
|}

==Indian hostilities==
[[File:The-cherokees-are-coming-tn1.jpg|right|190px|thumb|[[Howard Pyle]]'s depiction of a scout warning the residents of Knoxville of an approaching hostile Indian force in 1793]]
Residents of the Southwest Territory initially welcomed federal control, believing the federal government would provide better protection from hostile Indians than North Carolina's distant government to the east.  However, the Federal government was already more focused on critical affairs in the old Northwest Territory.  Most of the land in the "[[Old Southwest]]" was still either Indian territory or had already been claimed by speculators or settlers, and thus there was little money to be made from land sales.<ref name=finger />  President Washington issued a proclamation forbidding the violation of the [[Treaty of Hopewell]] (which had set Indian boundaries), and Secretary of War Knox frequently accused settlers of illegally encroaching on Indian lands.<ref name=durham />  Blount was consistently torn between placating angry frontiersmen and appeasing his superiors in the Federal government.<ref name=finger />

In the Summer of 1791, Blount negotiated the [[Treaty of Holston]] with the Cherokee at the future site of Knoxville. The Treaty brought lands south of the [[French Broad River]] and east of the divide between [[Little River (Tennessee)|Little River]] and the [[Little Tennessee River]] (essentially modern [[Cocke County, Tennessee|Cocke]], [[Sevier County, Tennessee|Sevier]] and [[Blount County, Tennessee|Blount]] counties) under U.S. control, and guaranteed the Territory use of a road between the Washington and Mero districts, as well as the Tennessee River.<ref name=finger />  The following year, Blount negotiated an agreement clarifying land boundaries with the [[Chickasaw]], who controlled what is now [[West Tennessee]].<ref name=finger />

In spite of these agreements, continued encroachment by settlers onto Indian lands prompted reprisals, which primarily came from hostile [[Chickamauga Cherokee]] and [[Creek Indians]].  The [[Kingdom of Spain|Spanish]], who controlled [[Florida]] along the [[Gulf of Mexico]] coast and still disputed the southern borders of the United States, fifteen years after the end of the [[American Revolutionary War|Revolutionary War]], encouraged and armed the southern tribes.<ref name=finger />  These attacks persisted throughout 1792 and 1793, with the Mero settlements bearing the brunt of the hostilities. Ziegler's Station near modern [[Hendersonville, Tennessee|Hendersonville]] was destroyed, and Mero defenders had to rally to thwart a large invasion at [[Major John Buchanan|Buchanan's Station]] near Nashville.  In spite of growing impatience from frontiersmen, Secretary of War [[Henry Knox|Knox]] refused to authorize an invasion of Indian territory.<ref name=finger />

In September 1793, while Blount was away in [[Philadelphia]], a large group of Cherokee invaders overran Cavet's Station west of Knoxville, and were planning to march on Knoxville before the invading force dissolved due to infighting among chiefs.<ref name=finger />  Territorial Secretary [[Daniel Smith (surveyor)|Daniel Smith]], who was [[Acting Governor]] in Blount's absence, summoned the militia and ordered an invasion of [[Cherokee]] territory.  Militia General Sevier led the militia south and destroyed several Chickamauga villages.  While Blount supported Smith's decision,<ref name=jeth /> the invasion angered Knox, who refused to issue pay for the militiamen.<ref name=finger />  In September 1794, Robertson, without authorization from Knox, dispatched a mounted American force under [[James Ore]] which destroyed the Chickamauga towns of Nickajack and Running Water. Robertson resigned as brigadier general shortly afterward.<ref name=finger />

The defeat of northern tribes at the [[Battle of Fallen Timbers]] in August 1794, the destruction of Nickajack and Running Water, and the resolving of boundary disputes between the United States and Spain led to a decline in hostile Indian attacks.<ref name=finger />  In November 1794, Blount negotiated an end to the [[Cherokee–American wars]] at the [[Tellico Blockhouse]], a federal outpost south of Knoxville.<ref>James Mooney, ''Myths of the Cherokee and Sacred Formulas of the Cherokees'' (C. Elder-Bookseller, 1972). p. 79.</ref>

[[File:TENNESSEE map - Indian land cessions in the United States.jpg|thumb|Indian land cessions in what is now Tennessee (Charles C. Royce, 1899)]]

==Statehood==
[[File:Map-of-tennassee-government-1796.jpg|right|upright=1.6|thumb|Secretary [[Daniel Smith (surveyor)|Daniel Smith]]'s "Map of the Tennassee State" (1796)]]

A census in the summer of 1791 showed the territory's population to be 35,691.<ref name=finger /> There were 6,271 free adult white males, more than the 5,000 needed for the territory to organize a legislature.<ref name=finger />  Blount, however, waited until 1793 to call for elections. Members of the territorial House of Representatives (the lower chamber of the legislature) were elected in December 1793, and the first House session convened on February 24, 1794. The representatives nominated ten individuals for appointment to the territorial council (the legislature's upper chamber), five of whom&mdash;[[Griffith Rutherford]], John Sevier, [[James Winchester (general)|James Winchester]], Stockley Donelson and Parmenas Taylor&mdash;were eventually appointed by President Washington.<ref name=jeth />  Rutherford was chosen as the council's president.<ref name=finger />

The assembly first convened on August 26, 1794, and called for immediate steps to be taken to achieve full statehood. The assembly appointed Dr. [[James White (Southwest Territory politician)|James White]] (not to be confused with Knoxville's founder) as its non-voting representative in Congress, making the Southwest Territory one of the first U.S. territories to make use of this power.<ref name=finger /> A special session of the assembly on June 29, 1795, called for a census to be taken the following month to determine if the territory's population had reached the 60,000 threshold required for statehood. The census revealed a population of 77,262 inhabitants.<ref name=finger />

After the census, the territory moved swiftly to form a state government. In December 1795, counties elected delegates for the state constitutional convention. This convention met in Knoxville in January 1796, and drafted a new state constitution. The name "Tennessee", which had been in common use since 1793 when Secretary Smith published his "Short Description of the Tennassee Government", was chosen as the new name for the state.<ref name=finger />

The Northwest Ordinance was vague on the final steps to be taken for a state to be fully admitted to the Union, so Tennessee's leaders proceeded to organize a state government. John Sevier was elected governor, the first Tennessee General Assembly convened in March 1796, and Blount notified the Secretary of State, [[Timothy Pickering]], that the territorial government had been terminated.<ref name=finger /> A copy of the state constitution was delivered to Pickering by future governor [[Joseph McMinn]].<ref name=jeth /> Blount and [[William Cocke]] were chosen as the state's U.S. Senators, and [[Andrew Jackson]] was elected the state's representative. As the Southwest Territory was the first federal territory to petition to join the Union, there was confusion in Congress about how to proceed. Nonetheless, Tennessee was admitted to the Union on June 1, 1796, as the 16th state.<ref name=jeth />

==Government and law==
{{cabinet table start| hidepartycol=y|hiderefcol=y}}
{{cabinet table ministry|ministry=Officials of the Southwest Territory<ref name=tbb2012 />}}
{{Cabinet table minister
 | title                       = Governor
 | minister1                   = [[William Blount]]
 | minister1_termstart         = 1790
 | minister1_termend           = 1796
}}
{{Cabinet table minister
| title = Secretary
| minister1 = [[Daniel Smith (surveyor)|Daniel Smith]]
| minister1_termstart = 1790
| minister1_termend = 1796
}}
{{Cabinet table minister
| title = Judge
| minister1 = [[John McNairy]]
| minister1_termstart = 1790
| minister1_termend = 1796
| minister2 = [[David Campbell (judge)|David Campbell]]
| minister2_termstart = 1790
| minister2_termend = 1796
| minister3 = [[Joseph Anderson (Tennessee politician)|Joseph Anderson]]
| minister3_termstart = 1790
| minister3_termend = 1796
}}
{{Cabinet table minister
| title = Council President
| minister1 = [[Griffith Rutherford]]
| minister1_termstart = 1794
| minister1_termend = 1796
}}
{{Cabinet table minister
| title = Speaker of the House
| minister1 = David Wilson
| minister1_termstart = 1794
| minister1_termend = 1795
| minister2 = [[Joseph Hardin, Sr.|Joseph Hardin]]
| minister2_termstart = 1795
| minister2_termend = 1796
}}
{{Cabinet table minister
| title = Brigadier General 
| minister1 = [[John Sevier]]
| minister1_termstart = 1790
| minister1_termend = 1796
| minister2 = [[James Robertson (explorer)|James Robertson]]
| minister2_termstart = 1790
| minister2_termend = 1794
}}
{{Cabinet table minister
| title = Delegate to Congress
| minister1 = [[James White (Southwest Territory politician)|James White]]
| minister1_termstart = 1794
| minister1_termend = 1796
}}
{{cabinet table end}}
The Southwest Territory was governed under an act of Congress, "An Act for the Government of the Territory of the United States, South of the River Ohio" (Southwest Ordinance), passed May 26, 1790.<ref name=durham />  This act essentially mirrored the earlier [[Northwest Ordinance]], the key difference being over slavery, which was prohibited by the Northwest Ordinance, but not the Southwest Ordinance.<ref name=jeth />  Both ordinances provided for freedom of religion and the sanctity of contracts, barred legal [[primogeniture]], and encouraged the establishment of schools and respect for the liberty of the Indians.<ref name=durham />

The supreme power in the territory rested in the governor, who was appointed by the President of the United States.  He was assisted by the Secretary, also appointed by the President.  Legislative powers rested in a bicameral territorial assembly consisting of the House of Representatives (lower chamber) and the Territorial Council (upper chamber).  Representatives were popularly elected, whereas councilors were appointed by the President.  Judicial power rested in three judges appointed by the President.  Brigadier generals of the territorial militia were also appointed by the President. Lower administrative, judicial and military officers were appointed by the governor.<ref name=durham />

===Executive===

The Governor of the Southwest Territory had supreme authority in the territory.  The governor could decree ordinances, propose and enact new laws, create towns and counties, and license lawyers.  Though the territorial assembly held legislative powers, the governor held veto power over all proposed laws.<ref name=durham />  The governor was responsible for appointing the lower territorial administrative officers, including attorneys general, justices of the peace, registers, and court clerks.  He recommended candidates for brigadier general to the President, and appointed lower militia officers. The governor also served as the Superintendent of Indian Affairs for the Southern Department, the federal government's chief diplomat to the Southern tribes. To serve as governor, an individual had to own at least {{convert|1000|acre|ha}} of land in the territory.<ref name=durham /> [[William Blount]] served as Governor of the Southwest Territory throughout the territory's existence.

The Secretary of the Southwest Territory was the official record-keeper of the territory.  The Secretary also served as [[acting governor]] if the governor was absent or incapacitated.  To serve as Secretary, an individual had to own at least {{convert|500|acre|ha}} of land in the territory.<ref name=durham /> [[Daniel Smith (surveyor)|Daniel Smith]] served as Secretary throughout the territory's existence.

===Legislature===
[[File:Southwest Territory Counties (1790).svg|right|thumb|upright=2|The Southwest Territory in 1790]]
Legislative power in the Southwest Territory initially rested with the governor, who consulted with the three territorial judges on new laws.  After the territory's population of white males reached 5,000, the territory could form a legislative assembly (the power to summon the assembly rested with the governor).  The assembly consisted of an upper chamber, the Territorial Council (the role of which was similar to that of a state senate), and a lower chamber, the House of Representatives.  While the assembly could propose new laws, the governor could still veto any bill. To serve on the council, an individual had to own at least {{convert|500|acre|ha}} of land in the territory.<ref name=durham />

The territorial House of Representatives consisted of thirteen popularly elected members.  These members elected a [[speaker (politics)|speaker]] from their own ranks.  The House first convened at Knoxville on February 24, 1794.  Its members were [[John Tipton (Tennessee frontiersman)|John Tipton]] (Washington), George Rutledge (Sullivan), [[Joseph Hardin, Sr.|Joseph Hardin]] (Greene), [[William Cocke]] (Hawkins), [[Joseph McMinn]] (Hawkins), Alexander Kelly (Knox), John Beard (Knox), Samuel Wear (Jefferson), George Doharty (Jefferson), David Wilson (Sumner), Dr. [[James White (Southwest Territory politician)|James White]] (Davidson) and James Ford (Tennessee County).<ref name=goodpasture />  Wilson, of Sumner County, served as Speaker from 1794 to 1795.  Hardin, of Greene, served as Speaker from 1795 to 1796.<ref name=tbb2012>''[http://www.tn.gov/sos/bluebook/11-12/TS3_PastGovAndOff.pdf Tennessee Blue Book] {{webarchive|url=https://web.archive.org/web/20120731101355/http://tn.gov/sos/bluebook/11-12/TS3_PastGovAndOff.pdf |date=July 31, 2012 }}'' (2012), p. 566.</ref>  Hopkins Lacy was elected clerk.<ref name=goodpasture>William Robertson Garrett and Albert Virgil Goodpasture, ''[https://books.google.com/books?id=HlUVAAAAYAAJ&dq=%22Washington%2C+George+Rutledge+of+Sullivan%2C+Joseph+Hardin+of+Greene%22&pg=PA109 History of Tennessee]'' (Brandon Printing Company, 1903), p. 109.</ref>

Members of the territorial council were appointed by the President from a list of candidates submitted by the territorial House of Representatives.  At its first session in February 1794, the House submitted ten candidates for the council: [[James Winchester (general)|James Winchester]], William Fort, Stockley Donelson, Richard Gammon, David Russell, [[John Sevier]], Adam Meek, John Adair, [[Griffith Rutherford]] and Parmenas Taylor.  From this list, President Washington appointed Winchester, Donelson, Sevier, Rutherford and Taylor.<ref name=goodpasture />  Rutherford was chosen as council president (a role similar to speaker).<ref name=finger />

The Northwest Ordinance allowed a territory's assembly to elect a representative to the United States Congress. This representative could consult with congressmen on legislation, but could not vote.  In 1794, the Southwest Territory's assembly chose Dr. [[James White (Southwest Territory politician)|James White]] as its non-voting representative to Congress.  The Southwest Territory was the first U.S. territory to exercise this power, and White's efforts in Congress set a precedent for future territorial delegates.<ref name=finger />

===Judiciary===

The territory's supreme judicial power rested in three judges, each appointed by the President. The governor appointed court clerks, attorneys general and lower judicial offices, as well as justices of the peace. Along with their judicial powers, the judges could consult with the governor on new legislation, though the governor held final veto power over any proposed laws.  To serve as a judge, an individual had to own at least {{convert|500|acre|ha}} of land in the territory.<ref name=durham />  The judges appointed by President Washington in 1790 were [[John McNairy]] (1762&ndash;1837), [[David Campbell (judge)|David Campbell]] (1750&ndash;1812), and [[Joseph Anderson (Tennessee politician)|Joseph Anderson]] (1757&ndash;1837).<ref name=finger />  Blount appointed Francis Alexander Ramsey clerk of the Washington District's superior court of law, Andrew Russell clerk of the Washington District's court of equity, David Allison clerk of Mero's superior court of law, and Joseph Sitgreaves clerk of Mero's court of equity.<ref name=durham />

The courts of the Southwest Territory were generally more highly regarded than other branches of government.<ref name=toomey />  Frontiersmen had for years relied on county courts to settle disputes, and upon being appointed governor, Blount left the existing county courts largely intact.  These courts generally followed old North Carolina laws when rendering decisions, relying heavily on [[James Iredell]]'s ''Revisal of the Laws of North Carolina'' (1791).<ref name=toomey />  Along with hearing criminal and civil cases, courts were responsible for licensing [[ferry|ferries]], regulating taverns, and designating public [[gristmill]]s.  Courts occasionally rendered financial assistance for [[internal improvements]] and relief for the destitute.<ref name=toomey />  County sheriffs were responsible for collecting taxes.<ref name=toomey />

Lawyers were licensed by the governor to practice in the territory's courts.  Notable individuals licensed to practice in the territory included future president [[Andrew Jackson]],<ref name=finger /> future governor [[Archibald Roane]], future congressman [[John Rhea]],<ref>[[William Rule (American editor)|William Rule]], George F. Mellen and John Woolridge, ''[https://books.google.com/books?id=xpsaAAAAYAAJ&dq=%22territory+south%22+ohio+%22john+mcnairy%22&pg=PA467 Standard History of Knoxville Standard History of Knoxville, Tennessee]'' (Lewis Publishing Company, 1900), p. 467.</ref> and Blount's younger half-brother, future governor [[Willie Blount]].<ref>"[https://books.google.com/books?id=Pip07xH97vAC&dq=licensed+by+governor+william+blount+to+practice+law+-jackson&pg=PA76 Willie Blount]," ''North Carolina Biographical Dictionary'' (North American Book Distributors, 1999), p. 76.</ref> Jackson served as a district attorney for the territory.<ref>''[https://books.google.com/books?id=2NEGAQAAIAAJ&q=tennessee+%22blue+book%22+%22attorney+general%22+roane Tennessee Blue Book]'' (1890), p. 15.</ref>

==Land details==
[[File:Bradley-map-knoxville-1796.jpg|right|thumb|270px|The Washington District, as it appeared on [[Abraham Bradley, Jr.|Abraham Bradley's]] 1796 postal map]]

The Southwest Territory covered {{convert|43000|mi2|km2}},<ref name=tehc /> consisting of what is now Tennessee, with the exception of a few minor boundary changes resulting from later surveys.<ref name=finger /> To its north was Virginia's [[District of Kentucky]], which became the [[List of U.S. states by date of admission to the Union|15th U.S. state]] in 1792.<ref name=tehc /> The lands to the territory's south were at the time either still claimed by [[Georgia (U.S. state)|Georgia]], or disputed with [[New Spain|Spain]], but subsequently consolidated into the [[Mississippi Territory]].

At its creation in 1790, the Southwest Territory's administration oversaw two unconnected districts&mdash;the Washington District in the northeast, and the Mero District in the area around and north of Nashville. The remainder of the territory remained under Indian control, with the [[Cherokee]] being the dominant tribe in the east, and the [[Chickasaw]] controlling the western part of the territory.  Other important tribes included the Creeks and Choctaw.<ref name=tehc />

[[File:Bradley-map-mero-1796.jpg|left|thumb|upright=1.2|The Mero District, as it appeared on Bradley's 1796 postal map]]

The Washington District initially included lands north of the [[French Broad River]] and northeast of the confluence of the [[Clinch River|Clinch]] and [[Tennessee River|Tennessee]] rivers (near modern [[Kingston, Tennessee|Kingston]]).  The 1791 Treaty of Holston pushed the boundary south of the French Broad and southeast to the divide between Little River and the Little Tennessee River (in what is now southern Blount County). The Washington District originally included [[Washington County, Tennessee|Washington]], [[Sullivan County, Tennessee|Sullivan]], [[Greene County, Tennessee|Greene]] and [[Hawkins County, Tennessee|Hawkins]] counties.<ref name=finger /> [[Knox County, Tennessee|Knox]] and [[Jefferson County, Tennessee|Jefferson]] were created by Governor Blount in 1792.<ref name=toomey>Michael Toomey, {{"'}}Doing Justice to Suitors': The Role of County Courts in the Southwest Territory", ''Journal of East Tennessee History'', Vol. 62 (1990), pp. 33–53.</ref> In 1793, Blount organized these two new counties into a separate district, called the "Hamilton District".<ref>Stanley Folmsbee, Robert Corlew and Enoch Mitchell, ''Tennessee: A Short History'' (University of Tennessee Press, 1969), p. 100.</ref> [[Blount County, Tennessee|Blount]] and [[Sevier County, Tennessee|Sevier]] counties would be added to this new district during territorial administration.<ref name=toomey />

The Mero District included the lands around [[Nashville, Tennessee|Nashville]] and along the [[Cumberland River]], north to the modern Kentucky border. It included three counties&mdash;{{wbr}}[[Davidson County, Tennessee|Davidson]], [[Sumner County, Tennessee|Sumner]] and [[Tennessee County|Tennessee]].<ref name=finger /> The Mero and Washington districts were connected by a road, generally known as [[Avery's Trace]], which traversed Indian lands.<ref name=nance>Benjamin Nance, [http://tennesseeencyclopedia.net/entry.php?rec=485 "Fort Blount"]. ''Tennessee Encyclopedia of History and Culture''. Accessed 10 November 2013.</ref>

The population of the Southwest Territory in 1791 was 35,691.<ref name=tehc /> This included 3,417 slaves and 361 free persons of color. The population of the Washington District was 28,649, while the population of Mero was 7,042.<ref name=finger /> The territory's 1795 census showed a total population of 77,262 inhabitants, including 10,613 slaves and 973 free persons of color. The population of the Washington and Hamilton districts was 65,338, and the population of Mero was 11,924.<ref name=finger />

== See also ==
{{Portal|United States|History}}
* [[Indian Reserve (1763)]]
* [[Overhill Cherokee]]
* [[United States Attorney for the District of Tennessee]]

==References==
{{reflist}}

==Further reading==
* {{cite book | last=Rohrbough |first=M. J. | date=1978 | title=The Trans-Appalachian Frontier: People, Societies, and Institutions, 1775-1850 | title-link=The Trans-Appalachian Frontier: People, Societies, and Institutions, 1775-1850 | publisher=Oxford University Press | isbn=978-0-19-502209-4}}

==External links==
* [http://www.minnesotalegalhistoryproject.org/assets/The%20Southwest%20Ordinance.pdf Southwest Ordinance of 1790]
* [http://www.tngenweb.org/tnletters/territories/sw-terr.html "Southwest Territory; 1790–1796"] at Tennessee GenWeb.com
*''[https://archive.org/details/journalofproceed00tenn "Journal of the proceedings of the Legislative council of the territory of the United States of America, South of the river Ohio: begun and held at Knoxville, the 25th day of August, 1794"]; at archives.org.

{{Territories of the United States}}

[[Category:Southwest Territory| ]]
[[Category:1790 establishments in the United States]]
[[Category:1796 disestablishments in the United States]]
[[Category:Pre-statehood history of Tennessee]]