The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-07-29
Henderson Lays Claim To First Justices Name
SELECTED AS
COMPROMISE
With SENATE
Upper House Of Legislature
in Hands Of LANDED
Interests"

Interests
Henderson county, the greatest
agricultural county in the noun.
tain section. was named for Judge
Leonard Henderson of Hillsboro,
first chief justice Of the state SUI
preme court.
There has been much specula-
ton as to why so few Western
North Carolina counties were
named for natives of this state,
as were Swain, named for the
Hon. David l.. Swain, governor
and first president of the state
university; and CASTOR county,
named for William B. CASTOR,
also justice of the supreme
court.
Historians have dug up the fact
that in the early days of the state
legislature only those citizens who
owned SO or more acres of land
could vote for state senator. Thus
the upper house was in the hands
of the landed interests. At this
time there was much opposition
to the partitioning off of new
counties, so when a group wanted
a new county formed they had to
get the consent of the senate,
which called for bartering and
compromising. In the case of Hen
derson county, in order to get the
new county cut off, it had to be
named after some outstanding fig
ure of the eastern section of the
state.
The reason for Henderson be-
ing selected is believed to be be-
cause John Clayton, an outstand-
ing legislator and citizen of this
section, was a close friend of Hen
derson while in the legislature and
it is thought he influenced the Sc
lection.
Henderson was born in Gran
vile county in 1772, the son Of
Judge Richardson Henderson, who
was famed for his pioneering IN
to Western North Carolina and
into Tennessee and Kentucky,
and for the establishing Of the
"Transylvania" colony in Ken
lucky. Young Henderson studied
law and was later clerk Of the
court in Hillsboro. In succession
he was judge of the superior
court in Hillsboro, an associate
justice Of the first state supreme
court, and the second chief jus
tice of the same court. Judge
Henderson was able and just az
judge and even now his opin-
ions are widely quoted.
Henderson was a part of Bun
combe county until 1888 when
three of the legislators from this
section: Hodge Rabun, Phillip
Britain, and Montreville Patton,
secured the cutting out of the
county by the aforementioned
barter. Quoting from a history,
western North Carolina" in re-
gard to formation of counties
| through legislative manipulations:
"These honors have had to be bar
tered away to get the legislature
to consent to the formation Of
every county west of the Blue
Ridge. For even eastern men ad.
nit that we obtained our just due
only by barter and trade"
This section which made UP the
new county was thus described in
the same book: "With q general
altitude above that of Asheville,
with broad river bottoms along
the French Broad, Mud creek and
elsewhere, its agricultural and
grazing advantages surpass those
of Buncombe while as a summer
and health resort, Hendersonville,
its county seat, with its fine and
well-kept hotels and boarding
houses, surpasses in many impor-
tant respects the only town that
exceeds it in population, Ashe-
Vile"
After the county was laid off
committee consisting Of Col. John
Clayton, Col. Killian, and Hugh
Johnston was appointed to select
and lay out a county seat. They
chose what was known as the Riv-
er site which lies at what is now
Horse Shoe, but this selection
proved unpopular. Then a COM
mittee, consisting of three leading
citizens: Phillip Britain, John
Miller, and James Dyer Justice
was appointed to select a site. w.
L. Miller, justice of the peace Of
Hendersonville, and son Of the
late Captain William Miller, tells
the following story which he says
he heard his father recount a
number Of times:
"My father said that his father,
John Miller, was member Of the
committee along with Phillip Brit
tain and James Dyer Justice to
pick a place for the new county
seat. Two different locations were
selected: one at Horse Shoe and
the other at the Road site, or
what is now Hendersonville. Phil
lip Britain approached my grand
father concerning the selection Of
the county seat and said: John,
you vote for the Horse Shoe site;
you know that is close to your
property and mine-that would be
to our interests To this grand
E. ->-H~1.