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 22
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 22
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 22
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 22
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 22
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 22
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 22
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Upon assembling John Sevier was elected president of the conven- tion, and F. A. Ramsey, secretary. Prayer was offered by the Rev. Samuel Houston. A constitution was adopted subject to the ratification or rejection of a future convention to be chosen by the people. This convention met at the appointed time and place, Greeneville, November 14, 1784, the first legislative assembly that ever convened in Tennessee. .
*Ramsey.
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HISTORY OF TENNESSEE.
1
Landon Carter was speaker and Thomas Talbot clerk of the Senate; William Cage, speaker and Thomas Chapman, clerk of the House of Commons. The assembly, after being organized, elected John Sevier governor. A judiciary system was established, and David Campbell elected judge of the superior court, and Joshua Gist and John Anderson assistant judges. The last day of this first session was March 31, 1785. Numerous acts were ratified, among them one for the promotion of learn- ing in the county of Washington. Under the provisions of this act Martin Academy was founded, and Rev. Samuel Doak became its presi- dent. Wayne County was organized out of a part of Washington and Wilkes Counties. The officers of this new State, in addition to those mentioned above, were the following: State senator, Landon Carter; treasurer, William Cage; surveyor-general, Stockley Donelson; briga- dier-generals of the militia, Daniel Kennedy and William Cocke. Gen. Cocke was chosen delegate to Congress. Council of State, William Cocke, Landon Carter, Francis A. Ramsey, Judge Campbell, Gen. Kennedy and Col. Taylor. The salaries of the officers were fixed, various articles were made a legal tender in the payment of debts, and a treaty was made with the Cherokee Indians. The boundary line, according to this treaty, which was concluded May 31, 1785, was the ridge dividing the Little River and the Tennessee.
Gov. Martin, of North Carolina, hearing of the organization of the State of Franklin, addressed Gov. Sevier, requesting informa- tion regarding the movement. In response to this request a communi- cation was sent to Gov. Martin, signed by Gov. John Sevier, by Landon Carter, speaker of the Senate, and by William Cage, speaker of the House of Commons, setting forth what had been done and the several reasons therefor. Thereupon Gov. Martin called together the Council of North Carolina, April 22, and convened the Legislature June 1, and on the same day issued an elaborate manifesto to the inhabitants in the revolted counties, Washington, Sullivan and Greene, hoping to reclaim them to their allegiance to North Carolina, and warning them of the consequences of their action in adhering to the State of Franklin. A few had, from the first, opposed the organization of the State. The repeal of the cession act had increased their number, but no one seemed to desire to establish a permanent connection with North Carolina, hence a large majority of the people firmly adhered to the new commonwealth.
During the administration of Patrick Henry as governor of Virginia, information was communicated by him to the Legislature of that State as to the movement of Col. Arthur Campbell and others, who had labored with some success to persuade the citizens of Washington County to sever
:
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their connection from the old government of Virginia, and attach them- selves to the new State of Franklin, or to form a new one distinct from it. It was proposed by Col. Campbell that the limits of the new State, which he was in favor of forming and naming "Frankland," should be as follows: "Beginning at a point on the top of the Alleghany or Appalach- ian Mountains, so as a line drawn due north from this point will touch the bank of the New River, otherwise called Kanawha, at its confluence with Little River, which is about one mile from Ingle's Ferry, down the said river Kanawha to the mouth of the Rencovert, or Green Briar River; a direct line from thence to the nearest summit of the Laurel Mountains, and along the highest part of the same to the point where it is inter- cepted by the thirty-seventh degree of north latitude; west along that lati- tude to a point where it is met by a meridian line that passes through the lower part of the River Ohio; south along the meridian to Elk River, a branch of the Tennessee; down said river to its mouth, and down the Tennessee to the most southwardly part or bend of the said river; a direct line from thence to that branch of the Mobile called Tombigbee; down said river Tombigbee to its junction with the Coosawattee River, to the mouth of that branch of it called the Hightower; thence south to the top of the Appalachian Mountains, or the highest land that divides the sources of the eastern from the western waters; northwardly along the middle of said heights and the top of the Appalachian Mountains to the beginning."
The proposed form of government stated that the inhabitants within the above limits agreed with each other to form themselves into a free and independent body politic or State by the name of the " Commonwealth of Frankland." It will be seen that the people who proposed to estab- lish the independent State of Frankland had affixed such boundaries to their proposed commonwealth as to include the State of Franklin, much of the territory of Virginia, and the present Kentucky, and of Georgia and Alabama. This magnificent project was supported by but few men, and was soon abandoned, even by its friends and projectors.
The people who had revolted from North Carolina, however, continued to maintain their form of government, but it still remained for the people in convention assembled to ratify, amend or reject the constitution pro- posed by a former convention. The convention met, but a complete list of their names has not been preserved. The following is a partial list: David Campbell, Samuel Houston, John Tipton, John Ward, Robert Love, William Cox, David Craig, James Montgomery, John Strain, Robert Allison, David Looney, John Blair, James White, Samuel Menece, John Gilliland, James Stuart, George Maxwell, Joseph Tipton and Peter Park- inson. The Bill of Rights and Constitution of the State of Frankland,
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were proposed for adoption, discussed and rejected by a small majority. The president of the convention, Gen. John Sevier, then presented the constitution of North Carolina as the foundation of the government for the new State. This constitution, modified to suit the views of the mem- bers of the convention, was adopted by a small majority. The names "Franklin," after Dr. Benjamin Franklin, of Philadelphia, and " Frank- land," meaning the land of freemen, were then proposed, and the name Franklin chosen, and the convention appointed Gen. Cocke to present the constitution as adopted to Congress, with a memorial applying for admis- sion into the Union, but he was not received and no notice was taken of his mission.
The Franklin government had now got under way, and Greeneville became the permanent capital of the State. Four days after the Greene- ville Convention was held the North Carolina Legislature passed an act preceded by a preamble in which were recited the reasons for the organ- ization of the State of Franklin, that the citizens thought North Carolina inattentive to their welfare, had ceased to regard them as citizens, and had made an absolute cession of the soil and jurisdiction of the State to Congress. It stated that this opinion was ill-founded, that the General Assembly of North Carolina had been and continued to be desirous of extending the benefits of civil government over them, and granted par- don and oblivion for all that had been done, provided they would return to their allegiance to North Carolina. It appointed officers civil and military in place of those holding office under the State of Franklin, and empowered the voters of Washington, Sullivan and Greene Counties to elect representatives otherwise than by the methods then in vogue. Dissatisfaction with the Franklin government began to manifest itself, and in Washington County, George Mitchell, as sheriff, issued the fol- lowing notice:
July, 19th day, 1786.
Advertisement-I hereby give Publick Notice that there will be an election held the third Friday in August next at John Rennoe's near the Sickamore Sholes, where Charles Robinson formerly lived. to choose members to represent Washington County in the General Assembly of North Carolina, agreeable to an act of Assembly in that case made and provided, where due attendance will be given pr me.
GEORGE MITCHELL, Sheriff.
The election was held on Watauga River. Col. John Tipton was chosen senator from Washington County, and James Stuart and Richard White members of the House of Commons. Their election was, and was generally perceived to be, ominous of the fate of the State of Frank- lin, and following their example many citizens enrolled their names in opposition to the new State. From this time resistance to its authority assumed a more systematic and determined form. The unusual anomaly
1
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was exhibited of two empires holding sway at one and the same time over the same territory. As was to be expected, the authority of the two frequently came in conflict with each other. The county courts of the one were broken up by the forces of the other and vice versa, and the justices of the peace turned out of doors. But the government of Franklin continued to exercise its authority in the seven counties con- stituting its sovereignty, and to defend its citizens from the encroach- ments of the Indians. Gen. Cocke and Judge Campbell were appointed commissioners to negotiate a separation from North Carolina, but not- withstanding their most determined and persistent efforts, the General Assembly of North Carolina disregarded their memorials and protests, and continued to make laws for the government of the people of the State of Franklin. Commissioners were sent to, accepted, and acted under, by several people in Washington, Sullivan and Hawkins Coun- ties as justices of the peace, and courts were held by them as if the State of Franklin did not exist. Difficulties between the two States continued, notwithstanding efforts on the part of the people to adjust them, and trouble with the Indians could not be avoided. Negotiations were con- ducted with Georgia for the purpose of securing mutual assistance. Gov. John Sevier was elected a member of the "Society of the Cincin- nati." Sevier recruited an army to co-operate with Georgia in her cam- paign against the Creek Indians. In 1787 there remained in the com- monwealth of Franklin scarcely vitality enough to confer upon it a mere nominal existence, the Legislature itself manifested a strong inclination to dismemberment, its county courts were discordant, and in fact attempting to exercise conflicting authority. An unpleasant clashing of opinion and effort to administer the laws was the necessary result. The county court of Washington County held its session at Davis', under the authority of North Carolina, while that under Franklin held its ses- sions at Jonesborough. John Tipton was clerk at Davis' and the fol- lowing extract is from his docket:
1788, February term-Ordered, that the Sheriff take into custody the County Court docket of said county, supposed to be in possession of John Sevier, Esq., and the same records being from him or any other person or persons in whose possession they may be. or hereafter shall be, and the same return to this or some succeeding Court for said County.
The supremacy of the new and old governments was soon after this brought to a test. A scire facias was issued in the latter part of 1787 and placed in the hands of the sheriff to be executed in the early part of 1788 against the estate of. Gov. John Sevier. The sheriff of North Caro- lina seized Gov. Sevier's negroes while he was on the frontiers of Greene County defending the inhabitants against the Indians. Hearing of this
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HISTORY OF TENNESSEE.
action of the sheriff Gov. Sevier immediately resolved to suppress all op- position to the government of Franklin and to punish the actors for their audacity. Raising 150 men he marched directly to Col. Tipton's house. Gov. Sevier's indignation had also been aroused by a knowledge of the fact that Tipton had made an attempt to take him prisoner. Upon Sevier's arrival before Tipton's house, which was on Sinking Creek, a branch of Watauga River, about eight or ten miles from Jonesborough, he found it defended by Col. Tipton and fifteen of his friends. Though he had a much larger force than Tipton and was in possession of a small piece of ordnance, his demand for an unconditional surrender was met with a flat refusal and the daring challenge "to fire and be damned." But Gov. Sevier could not bring himself to the point of making an attack upon men who were, and upon whom he looked as, his fellow citizens. Nego- tiations failed to effect a surrender. Gov. Tipton received large rein- forcements, and after the siege had been continued a few days made an attack upon the Governor's forces, who, after defending themselves in a half-hearted way for a short time, were driven off. With this defeat of Gov. Sevier's troops the government of Franklin practically came to an end. But the populace was greatly excited. Not long after this siege, which terminated about February 28, 1788, Bishop Francis Asbury made a visit to the settlements on the Watauga and held a conference, the first west of the mountains, about May 1, 1788. His calm dignity and un- pretending simplicity served to soothe and quiet and harmonize the ex- cited masses, and to convert partisans and factions into brothers and friends.
After the termination of the siege at Tipton's, Gov. Sevier, now a private citizen, was engaged in defending the frontiers against the In- dians. As was to be expected, his conduct was represented to the Gov- ernor of North Carolina as embodying under the form of a colonelcy of an Indian expedition, still further resistance to North Carolina. The consequence was that Gov. Johnston issued to Judge Campbell the fol- lowing instructions :
HILLSBOROUGH, 29th July, 1783.
Sir: It has been represented to the Executive that John Sevier, who styles himself captain-general of the State of Franklin, has been guilty of high treason, in levying troops to oppose the laws and government of the State, and has with an armed force put to death several good citizens. If these facts shall appear to you by the affidavit of credible per- sons, you will issue your warrant to apprehend the said John Sevier, and in case he can not be sufficiently secured for trial in the District of Washington, order him to be com- mitted to the public gaol.
Judge Campbell, either from unwillingness or incapacity arising from his past relations with Gov. Sevier, or both, failed to obey the order of Gov. Johnston; but Spencer, one of the judges of North Caro-
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HISTORY OF TENNESSEE.
lina, held a superior court at Jonesborough in conjunction with Camp- bell, and there issued the warrant against Sevier for the crime of high treason. After the expiration of considerable time Sevier was arrested, handcuffed, and taken as a prisoner to Morganton for trial, notwith- standing his protest against being taken away from his home and friends. After being in Morganton a few days, during a part of which time he was out on bail, a small party of men, composed of two sons of his (James and John Sevier), Dr. James Cozby, Maj. Evans, Jesse Greene and John Gibson arrived unnoticed in Morganton, having come in singly, and at night, at the breaking up of the court which was then in session, pushed forward toward the mountains with the Governor with the great- est rapidity, and before morning were there and far beyond pursuit. This rescue, so gallantly made, was both witnessed and connived at by citizens of Burke County, of which Morganton was the county seat, many of whom were friends of Sevier, and although sensible that he had been guilty of a technical violation of the law, were yet unwilling to see him suffer the penalty attached by the law to such violation. His cap- ture and brief expatriation only served to heighten, among the citizens of the late State of Franklin whom he had served so long and so well, their appreciation of his services, and to deepen the conviction of his claims to their esteem and confidence, and when the General Assembly, which met at Fayetteville November 21, 1788, extended the act of pardon to all who had taken part in the Franklin revolt except John Sevier, who was debarred from the enjoyment of any office of profit, of honor or trust in the State of North Carolina, this exception was seen to be at variance - with the wishes of the people, and at the annual election in August of the next year the people of Greene County elected John Sevier to repre- sent them in the Senate of North Carolina. At the appointed time, No- vember 2, 1789, he was at Fayetteville, but on account of disabilities did not attempt to take his seat until after waiting a few days, during which time the Legislature repealed the clause above mentioned which debarred him from office. During the session he was reinstated as brigader-gen- eral for the western counties. In apportioning the representatives to Congress from North Carolina the General Assembly divided the State into four Congressional Districts, the westernmost of which comprising all the territory west of the mountains. . From this district John Sevier was elected, and was thus the first member of Congress from the great Mississippi Valley. He took his seat Wednesday, June 16, 1790.
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HISTORY OF TENNESSEE.
CHAPTER VII.
ORGANIZATION CONCLUDED-CONGRESSIONAL ACTION FOR THE DISPOSAL OF UN- APPROPRIATED LANDS-THE CESSION ACT OF NORTH CAROLINA-THIE AC- CEPTANCE BY CONGRESS-THE DEED-ACT FOR THE GOVERNMENT OF THE TERRITORY-OFFICES AND COMMISSIONS-GUBERNATORIAL ACTS AND POLI- CIES-THE SPANISH AND THE INDIAN QUESTIONS-ESTABLISHMENT OF COUN- TIES-THE TERRITORIAL ASSEMBLY -- THE EARLY LAWS AND TAXES-OFFI- CIAL DOCUMENTS-STATISTICS-THE FIRST CONSTITUTIONAL CONVENTION- DEBATE OF FORMS AND PROVISIONS-THE BILL OF RIGHTS-REAL ESTATE TAXATION -- OFFICIAL QUALIFICATIONS-OTHER CONSTITUTIONAL MEASURES -FORMATION OF THE STATE GOVERNMENT -- THE STATE ASSEMBLY-JOHN SEVIER, GOVERNOR-LEGISLATIVE PROCEEDINGS-ESTABLISHMENT OF COURTS --- THE SECOND CONSTITUTIONAL CONVENTION-ALTERATIONS, ETC .- AMEND- MENTS BEFORE AND SOON AFTER THE CIVIL WAR-THE PRESENT CONSTITU- TION-ITS GENERAL CHARACTER AND WORTH.
A S was stated under the history of the State of Franklin, it was not long after the dissolution of that organization before it became necessary that separation should occur between North Carolina and her western territory. And this separation was effected by the passage by the mother State of her second cession act, dated December, 1789. This cession was in accordance with the following resolution adopted by the Congress of the United States, October 10, 1780:
Resolved: That the unappropriated lands that may be ceded or relinquished to the United States by any particular State, pursuant to the recommendation of Congress of the 6th day of September last, shall be disposed of for the common benefit of the United States and be settled and formed into distinct republican States, which shall become members of the Federal Union and have the same rights of sovereignty, freedom and independence as the other States; that each State which shall be so formed shall contain a suitable extent of territory, not less than one hundred nor more than one hundred and fifty miles square,. or as near thereto as circumstances will admit; that the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any British posts or in maintaining forts or garrisons within, and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed; that the said lands shall be granted or settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled, or any nine or more of them. -- Journals of Congress, October 10, 1780.
The cession act of North Carolina was in the following language:
WHEREAS, the United States in Congress assembled, have repeatedly and earnestly recommended to the respective States in the Union, claiming or owning vacant western territory, to make cession of part of the same as a further means, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States; and the
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inhabitants of the said western territory being also desirous that such cession should be made, in order to obtain a more ample protection than they have heretofore received;
Now, this State, being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the rea. sonable desires of her citizens:
Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the senators of this State, in the Congress of the United States, or one of the senators and any two of the representatives of this State, in the Congress of the United States, are hereby authorized, empowered and required to execute a deed or deeds on the part and behalf of this State, conveying to the United States of America all right, title and claim which this State has to the sovereignty and territory of the lands situated within the chartered limits of this State west of a line be- ginning on the extreme height of the Stone Mountain, at a place where the Virginia line intersects it; running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain between the waters of Doe River and the waters of Rock Creek to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of the said mountain to the Painted Rock on French Broad River; thence along the highest ridge of the said mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of the said mountain to the place where it is called Unicoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State; upon the following express conditions and subject there- to: That is to say:
First. That neither the lands nor the inhabitants westward of the said mountain shall be estimated after the cession made by virtue of this act shall be accepted, in the as- certaining the proportion of this State with the United States in the common expense occasioned by the late war.
Secondly. That the lands laid off or directed to be laid off by an act or arts of the General Assembly of this State for the officers and soldiers thereof, their heirs and assigns, respectively, shall be and inure to the use and benefit of the said officers, their heirs and assigns, respectively; and if the bounds of the lands already prescribed for the officers and soldiers of the continental line of this State shall not contain a sufficient quantity of land fit for cultivation, to make good the several provisions intended by law, that such officer or soldier or his assignee, who shall fall short of his allotment or proportion after all the lands fit for cultivation within the said bounds are appropriated, be permitted to take his quota, or such part thereof as may be deficient, in any other part of the said territory in- tended to be ceded by virtue of this act, not already appropriated. And where entries have been made agreeable to law, and titles under them not perfected by grant or other- wise, then, and in that case, the governor for the time being shall, and he is hereby required to perfect, from time to time, such titles, in such manner as if this act had never been passed. And that all entries made by, or grants made to, all and every person or persons whatsoever agreeable to law and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made; and that all and every right of occupancy and pre-emption and every other right reserved by any act or acts to persons settled on and occupying lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force in the same manner as if the cession had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood that if any person or persons shall have by virtue of the act entitled "An act for opening the land office for the redemption of specie and other certificates and discharging the arrears due to the army," passed in the year one thousand seven hundred and eighty-three, made his or their entry
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