USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 21
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 21
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That if the entry taker to be appointed shall neglect or refuse to perform his duty, or be found by said judges, or a majority of them, to have acted fraudulently, to the prej- udice of any person whatsoever, such entry taker shall be immediately removed from his office, and the book taken out of his possession by the said judges, until another be ap- pointed to act in his room.
That as 'often as the people in general are dissatisfied with the doings of the judges or triers so to be chosen, they may call a new election at any of the said stations and elect others in their stead, having due respect to the number now to be elected at each station, which persons so to be chosen shall have the same power with those in whose room or place they shall or may be chosen to act.
That as no consideration money for the lands on Cumberland River, within the claim of the said Richard Henderson and Company, and which is the subject of this asso- riation, is demanded or expected by the said company, until a satisfactory and indisputa- ble title can be made, so we think it reasonable and just that the £26, 13s. 4d. current money per hundred acres, the price proposed by the said Richard Henderson, shall be
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paid according to the value of money on the first day of January last, being the time when the price was made public, and settlement encouraged thereon by said Henderson, and the said Richard Henderson on his part does hereby agree that in case of the rise or appreciation of money from that * * an abatement shall be made in the * sum according to its raised or appreciated value.
That where any person shall remove to this country with intent to become an in- habitant and depart this life, either by violence or in the natural way, before he shall have performed the requisites necessary to obtain lands, the child or children of such de- ceased person shall be entitled, in his or her room, to such quantity of land as such person would have been entitled to in case he or she had lived to obtain a grant in their own name; and if such death be occasioned by the Indians the said Henderson doth promise and agree that the child or children shall have as much as amounts to their head-rights gratis, surveyor's and other incidental fees excepted,
AND WHEREAS, from our remote situation and want of proper offices for the admin- istration of justice, no regular proceedings at law can be had for the punishment of of- fenses and attainment of right, it is therefore agreed that until we can be relieved by Government from the many evils and inconveniences arising therefrom, the judges or triers to be appointed as before directed when qualified shall be and are hereby declared a proper court or jurisdiction for the recovery of any debt or damages; or where the cause of action or complaint has arisen, or hereafter shall commence for anything done or to be donc among ourselves, within this our settlement on Cumberland aforesaid, or in our pas. sagehither, where the laws of our country could not be executed, or damages repaired in any other way; that is to say, in all cases where the debt or damages or demand does or shall not exceed one hundred dollars, any three of the said judges or triers shall be competent to make a court, and finally decide the matter in controversy; but if for a larger sum, and either party shall be dissatisfied with the judgment or decision of such court, they may have an appeal to the whole twelve judges or triers, in which case nine members shall be deemed a full court, whose decision, if seven agree in one opinion, the matter in dispute shall be final, and their judgment carried into execution in such manner, and by such person or persons as they may appoint, and the said courts, respectively, shall have full power to tax such costs as they may think just and reasonable, to be levied and collected with the debt or damages so to be awarded.
And it is further agreed that a majority of said judges, or triers, or general arbitra- tors shall have power to punish in their discretion, having respect to the laws of our coun- try, all offenses against the peace, misdemeanors, and those criminal or of a capital nature provided such court does not proceed with execution so far as to affect life or member: and in case any should be brought before them whose crime is or shall be dangerous to the State, or for which the benefit of clergy is taken away by law, and sufficient evidence or proof of the fact or facts can probably be made, such courts, or a majority of the mem- bers, shall and may order and direct him, her, or them to be safely bound and sent under a strong guard to the place where the offense was or shall be committed, or where legal trial of such offense can be had. which shall accordingly be done, and the reasonable ex- pense attending the discharge of this duty ascertained by the court, and paid by the in- habitants in such proportion as shall be hereafter agreed on for that purpose.
That as this settlement is in its infancy, unknown to government, and not included in any county within North Carolina, the State to which it belongs, so as to derive the advantages of those wholesome and salutary laws for the protection and benefits of its cit- izens, we find ourselves constrained from necessity to adopt this temporary method of restraining the licentious, and supplying, by unanimous consent, the blessings flowing from a just and equitable government, declaring and promising that no action or com- plaint shall be hereafter instituted or lodged in any court of record within this State or elsewhere, for anything done or to be done in consequence of the proceedings of the said judges or general arbitrators so to be chosen and established by this our association.
That the well-being of this country entirely depends, under Divine Providence, on unanimity of sentiment and concurrence in measures, and as clashing interests and opin-
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ions without being under some restraint will most certainly produce confusion, discord and almost certain ruin, so we think it our duty to associate and hereby form ourselves into one society for the benefit of present and future settlers, and until the full and proper exercise of the laws of our country can be in use, and the powers of government exerted among us. we do solemnly and sacredly declare and promise each other that we will faith- fully and punctually adhere to, perform and abide by this our association, and at all times, if need be, compel by our united force a due obedience to these our rules and regulations. In testimony whereof we have hereunto subscribed our names, in token of our entire approbation of the measures adopted.
The following additional resolutions were adopted and entered into at Nashborough, May 31, 1780:
That all young men over the age of sixteen years, and able to perform militia duty, shall be considered as having a full right to enter for and obtain lands in their own names as if they were of full age; and in that case not be reckoned in the family of his father, mother or master so as to avail them of any land on their account.
That when any person shall mark or improve land or lands, with intent to set up a claim thereto, such person shall write or mark in legible characters the initial letters of his name at least, together with the day of the month and year on which he marked or improved the same at the spring or most notorious part of the land, on some convenient tree or other durable substance, in order to notify his intention to all such as may inquire or examine; and in case of dispute with respect to priority of right, proof of such trans- action shall be made by the oath of some indifferent witness, or no advantage or benefit shall be derived from such mark or improvement; and in all cases where priority of mark or occupancy cannot be ascertained according to the regulations and prescriptions herein proposed and agreed to, the oldest or first entry in the office to be opened in consequence of this association shall have the preference, and the lands granted accordingly.
It is further proposed and agreed that the entry office shall be opened at Nash- borough on Friday, the 19th of May, instant, and kept from thenceforward at the same place unless otherwise directed by any future convention of the people in general or their representatives.
That the entry taker shall and may demand and receive twelve dollars for each entry to be made in his book, in manner before directed, and shall give a certificate thereof if - required; and also may take the same fee for every caveat or counter-claim to any lands before entered; and in all cases where a caveat is to be tried in manner before directed, the entry book shall be laid before the said committee of judges, triers, or general arbi- trators, for their inspection and information, and their judgment upon the matter in dis- pute fairly entered as before directed; which said court or committee is also to keep a fair and distinct journal or minutes of all their proceedings, as well with respect to lands as other matters which may come before them in consequence of these our resolutions.
It is also firmly agreed and resolved that no person shall be admitted to make an entry for any lands with the said entry taker, or permitted to hold the same, unless such person shall subscribe his name and conform to this our Association, Confederacy and General Government, unless it be for persons who have returned home, and are permitted to have lands reserved for their use until the first day of May next, in which case entries may be made for such absent persons according to the true meaning of this writing, without their personal presence, but shall become utterly void if the particular person or persons for whom such entry shall be made should refuse or neglect to perform the same as soon as conveniently may be after their return, and before the said first day of May, 1781.
WHEREAS, The frequent and dangerous incursions of the Indians and almost daily mas- sacre of some of our inhabitants renders it absolutely necessary for our safety and defense that due obedience be paid to our respective officers elected and to be elected at the sev- eral stations or settlements to take command of the men or militia at such fort or station,
It is further agreed and resolved that when it shall be adjudged necessary and expe dient by such commanding officer to draw out the militia of any fort or station to pursue
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or repulse the enemy, the said officer shall have power to call out such and so many of his men as he may judge necessary, and in case of disobedience may inflict such fine as he in his discretion shall think just and reasonable, and also may impress the horse or horses of any person or persons whomsoever, which, if lost or damaged in such service, shall be paid for by the inhabitants of such fort or station in such manner and such proportion as the Committee hereby appointed, or a majority of them, shall direct and order; but if any person shall be aggrieved, or think himself unjustly vexed and injured by the fine or fines so imposed by his officer or officers, such person may appeal to the said Judges or Com- mittee of General Arbitrators, who, or a majority of them, shall have power to examine the matter fully and make such order therein as they may think just and reasonable, which decision shall be conclusive on the party complaining as well as the officer or officers inflicting such fine; and the money arising from such fines shall be carefully applied for the benefit of such fort or station in such manner as the said Arbitrators shall hereafter direct.
It is lastly agreed and firmly resolved that a dutiful and humble address or petition be presented by some person or persons to be chosen by the inhabitants, to the General As- sembly, giving the fullest assurance of the fidelity and attachment to the interest of our country and obedience to the laws and Constitution thereof; setting forth that we are confident our settlement is not within the boundaries of any nation or tribe of Indians, as some of us know and all believe that they have fairly sold and received satisfaction for the land or territories whereon we reside, and therefore we hope we may not be consid- ered as acting against the laws of our country or the mandates of government.
That we do not desire to be exempt from the ratable share of the public expense of the present war, or other contingent charges of government. That we are, from our remote situation, utterly destitute of the benefit of the laws of our country, and exposed to the depredations of the Indians, without any justifiable or effectual means of embodying our militia, or defending ourselves against the hostile attempts of our enemy; praying and imploring the immediate aid and protection of government, by erecting a county to in- clude our settlements; appointing proper officers for the discharge of public duty; taking into consideration our distressed situation with respect to Indians, and granting such relief and assistance as in wisdom, justice and humanity may be thought reasonable.
Nashborough, 13th May, 1780.
To these articles of agreement 250 persons signed their names, all of whom could write but one, James Patrick, who made his mark. No rec- ords of the government of the Notables have been discovered by any his- torian, for the reason, doubtless, that few, if any, were made. Putnam to whom this, as well as other histories, is largely indebted for its account of this government on the Cumberland says on this point: "After the organization of the primitive government on May-day, 1780, down to January, 1783, we have no records, not even a fugitive scrap or sheet, of which that ready clerk, Andrew Ewin, was usually so careful. The peo- ple were so greatly exposed and kept in such constant alarm, some leav- ing, and many agitating the propriety or possibility of remaining, all admitting that their perils were imminent and were likely so to continue for an indefinite period, that we may presume there were no regular meetings of the judges and no regular minutes made. *
"From our researches we conclude that immediately after the adop- tion of the articles, an election was held at the stations, and that then Robertson was chosen colonel; Donelson, lieutenant-colonel; Lucas, major;
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VIEW ON FALLS CREEK, NEAR SMITHVILLE.
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HISTORY OF TENNESSEE.
and George Freeland, Mauldin, Bledsoe and Blackmore, captains." How long these individuals remained in office, or what duties they per- formed, is not now known. But in 1783 the government was revived, as the following extract shows:
NORTH CAROLINA, CUMBERLAND RIVER, January 7, 1783
The manifold sufferings and distresses that the settlers here have from time to time undergone, even almost from our first settling, with the desertion of the greater number of the first adventurers, being so discouraging to the remaining few that all administration of justice seemed to cease from amongst us, which, however weak, whether in con- stitution, administration or execution, yet has been construed in our- favor against those whose malice or interest would insinuate us a people fled to a hiding place from justice, and the revival of them again earnestly recommended. It appears highly necessary that for the common weal of the whole, the securing of peace, the performance of contracts between man and man, together with the suppression of vice, again to revive our former manner of proceedings, pursuant to the plan agreed upon at our first settling here, and to proceed accordingly until such times as it shall please the Legislature to grant us the sal- utary benefits of the law duly administered amongst us by their authority.
To this end, previous notice having been given to the several stationers to elect twelve men of their several stations, whom they thought most proper for the business, and being elected, to meet at Nashborough on the 7th day of January, 1783.
Accordingly there met at the time and place aforesaid Col. James Robertson, Capt. George Freeland, Thomas Molloy, Isaac Lindsey, David Rounsevail, Heydon Wells, James Maulding, Ebenezer Titus, Samuel Barton and Andrew Ewin, who constituted themselves into a committee, for the purposes aforesaid, by voluntarily taking the following oath:
I. --- , do solemnly swear that as a member of the committee, I will do equal right and justice, according to the best of my skill and judgment, in the decision of all causes that shall be laid before me without fear, favor or partiality. So help me God.
The committee then proceeded to elect Col. James Robertson, chair- man; John Montgomery, sheriff, and Andrew Ewin, clerk, and to fix the clerk's fees. From this time to the organization of Davidson County in April, 1783, the committee held meetings as occasion required, accounts of which will properly be introduced as a prelude to the history of that organization. And in this way the government of the Notables served its purpose and came to its end. It was wholly unlike that other anom- aly in government, the State of Franklin, in not aspiring to independent Statehood, and always looking steadily to North Carolina as the source of proper government for the settlers on the Cumberland. Its proceed- ings were frequently dated " North Carolina, Cumberland District," and a part of the time " Nashborough," and were continued until in August, after which the regular authorities of Davidson County, the act for the organization of which was approved October 6, 1783, assumed authorita- tive control of public affairs.
THE STATE OF FRANKLIN.
The Revolutionary war was over and independence won. The colonies and their dependencies were thrown entirely upon their own resources.
12
190
HISTORY OF TENNESSEE.
Society was in an unsettled, in somewhat of a chaotic condition, but it is remarkable that there was very little of the spirit of insubordination and anarchy. The main reason for the universal disposition to maintain order was undoubtedly the financial necessities of the various colonial governments, as well as those of the Continental Congress. The stabil- ity of the individual States and of the General Government depended, in large measure, upon the extinguishment of the debts that had been created during the war of the Revolution.
One of the expedients for improving the condition of things resorted to by Congress, was its suggestion to such of the States as owned vacant lands to throw them together, establish a joint fund, and with this joint fund pay off the common debt. North Carolina owned a large amount of territory, extending from the Alleghany Mountains to the Mississippi River, and among the measures adopted by her General Assembly was the act of June, 1783, ceding to Congress the lands therein described. According to this act the authority of North Carolina was to extend over this territory until Congress should accept the cession. The members to the General Assembly, from the four western counties, Washington, Sulli- van, Greene and Davidson, were present and voted for the cession.
These members perceived a disinclination on the part of the parent State. to make proper provision for the protection of the people in the western province. Accounts were constantly being presented to the General Assembly for the defense of the frontier settlements against the Indians. These accounts were reluctantly received, cautiously scrutinized and grudgingly paid. Crimination and recrimination were mutually indulged in by North Carolina and her western counties, and it was even intimated that some of these accounts, or portions of some of them, were fabricated or invented. The inhabitants of these western counties, whose exposed situation seemed not to be appreciated and whose honor seemed thus to be impugned, remembering that in the Bill of Rights adopted at the same time with the State Constitution, a clause had been inserted authorizing the formation of one or more new States out of this western territory, and entertaining the impression that Congress would not accept the cession of the territory within the two year limit, and feeling that the new settlements included within this territory would be practically excluded from the protection of both North Carolina and Congress, would in fact be left in a state of anarchy, unable to command their own powers and resources, knowing that no provision had been made for the estab- lishment of superior courts west of the mountains, seeing that violations of law were permitted to pass unpunished except by the summary process of the regulators appointed for the purpose by the people themselves,
191
HISTORY OF TENNESSEE.
and perceiving also that the military organization was inadequate to the defense of the inhabitants, in part because there was no brigadier-general authorized to call the military forces into active service, with an extensive frontier constantly exposed to and suffering from the ravages of the savages, and with numerous other considerations suggested to them by their anomalously exposed situation, perceived the necessity of themselves devising means for the extrication of themselves from the numerous, great and unexpected difficulties with which they found themselves sur- rounded.
For the purpose of an attempt at extrication it was proposed that each. captain's company elect two representatives, and that these representa- tives assemble to deliberate upon the condition of affairs and if possible devise some general plan adapted to the emergency. Accordingly these representatives met August 23, 1783, in Jonesborough. Following are the names of the deputies from Washington County: John Sevier, Charles Robertson, William Trimble, William Cox, Landon Carter, Hugh Henry, Christopher Taylor, John Christian, Sammel Doak, William Campbell, Benjamin Holland, John Bean, Samuel Williams and Richard. White. Sullivan County: Joseph Martin, Gilbert Christian, William Cocke, John Manifee, William Wallace, John Hall, Samuel Wilson, Stockley Donelson and William Evans. Greene County: Daniel Ken- nedy, Alexander Outlaw, Joseph Gist, Samuel Weir, Asahel Rawlings, Joseph Bullard, John Managhan, John Murphey, David Campbell, Archibald Stone, Abraham Denton, Charles Robinson and Elisha Baker. Davidson County sent no delegates.
John Sevier was chosen president of the convention, and Landon. Carter, secretary. A committee was appointed to deliberate upon the condition of affairs, consisting of Cocke, Outlaw, Carter, Campbell; Manifee, Martin, Robinson, Houston, Christian, Kennedy and Wilson. After deliberation upon and discussion of the objects of the convention, during which the Declaration of Independence was read, and the inde- pendence of the three counties represented suggested, the committee drew up and presented a report, which was in substance as follows: That the committee was of the opinion that they had the right to petition Con- gress to accept the cession of North Carolina and to recognize them as a separate government; that if any contiguous part of Virginia should make application to join this association, after being permitted to make such application by Virginia, they should receive and enjoy the same privileges that they themselves enjoyed, and that one or more persons should be sent to represent the situation of things to Congress. This report was adopted by the following vote: Yeas-Messrs. Terrell, Samms,
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North, Taylor, Anderson, Houston, Cox, Talbot, Joseph Wilson, Trim- ble, Reese, John Anderson. Manifee, Christian, Carnes, A. Taylor, Fitz- gerald, Cavit, Looney, Cocke, B. Gist, Rawlings, Bullard, Joshua Gist, Valentine Sevier, Robinson, Evans and Managhan. Nays-John Tip- ton, Joseph Tipton, Stuart, Maxfield, D. Looney, Vincent, Cage, Provine, Gammon, Davis, Kennedy, Newman, Weir, James Wilson and Campbell.
It is thought that the above described proceedings were had at the August convention of 1784, which may account for the discrepancy in the names of those voting as compared with those elected, as given ear- lier .* The plan of the association was drawn up by Messrs. Cocke and Hardin, and was referred next day to the convention. This plan was the formation of an association by the election of representatives to it, to send a suitable person to Congress, and to cultivate public spirit, bener- olence and virtue, and they pledged themselves to protect the association with their lives and fortunes, faith and reputation.
It was then determined that each county should elect five members to a convention to adopt a constitution and form an independent State. This convention met in November and broke up in great confusion upon the plan of association, and besides some were opposed to separation from North Carolina. The North Carolina General Assembly was then in session at Newbern, and repealed the act of cession to the United States, appointed an assistant judge and an attorney-general for the superior court, directed the superior court to be held at Jonesborough and also organized the militia of Washington District into a brigade and ap- pointed John Sevier brigadier-general. Gen. Sevier expressed himself satisfied with the action of North Carolina, and advised the people to proceed no further in their determination to separate from the parent State, but they were not to be advised. Proceeding with their move- ment five delegates or deputies were chosen to the convention from each county as follows: Washington County-John Sevier, William Cocke, John Tipton, Thomas Stewart and Rev. Samuel Houston. Sullivan County-David Looney, Richard Gammon, Moses Looney, William Cage and John Long. Greene County --- Daniel Kennedy, John Newman, James Boddye and Joseph Hardin.
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