USA > Tennessee > History of Tennessee, its people and its institutions > Part 8
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! No battle of the Revolution has received a more enduring monument than the battle of King's Mountain in the great work of Dr. Lyman C. Draper, entitled "King's Mountain and its Heroes," to which the student is referred for an ex- haustive account of the engagement, and of the men who participated in it. See also Ramsey; Haywood; American Historical Magazine, Vol. I, No. 1, pp. 22-47 ( January No., IS96 ).
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force was on the road to invade the settlement, Sevier ordered the troops of Washington County to be mustered, and, without waiting for the embodiment of the entire force, he marched to intercept the enemy. He moved with the companies of Captain Russell and Captain Guess, and other volunteers, amounting in all to about one hundred men. He was joined on the march by Captain Pruett with about seventy men. At Long Creek he encountered a large force of Indians, who retreated after a short skirmish. Sevier followed in pursuit, and overtook the enemy at Boyd's Creek. Sevier attacked with his usual impetuosity and success. The Indians were routed and dispersed, with a loss of twenty-eight killed and many wounded. This timely move- ment and complete victory of the greatest of Indian fighters, saved the settlers from invasion and added greatly to the sentiments of admiration and gratitude with which Sevier was regarded. The battle of Boyd's Creek was added to the list of the thirty-five battles in which Sevier was thirty-five times a victor. In this battle, Major Tipton was severely wounded. Capt. Landon Carter and others are mentioned with honor.
Sevier encamped for a few days on the French Broad, where he was joined by Col. Arthur Campbell from Virginia and Major Martin from Sullivan County. He then moved south with a force of seven hundred mounted men, the Indians fleeing before him. Chilhowee, Hiwassee, and all other Indian towns between the Tennessee and Hiwas- see rivers were destroyed. The combined forces then pressed on to the Indian town Tellico, where he met a deputation of Indians, pro- posing peace. This town was spared. Crossing the Hiwassee, they marched against the Chickamaugas, destroying villages and devas- tating the country.
Thence they passed into Georgia, and followed the Coosa south until they reached the cypress swamps, spreading ruin and devasta- tion along their tracks.
This stern and cruel mode of warfare accomplished its purpose. The Indians, humbled and terrified, sued for peace. A treaty was made, and Sevier and his comrades returned home. Immediately upon their return, January 4, 1781, the three commanders, Col. Arthur Campbell, Col. John Sevier, and Major Joseph Martin issued a joint address to the Indians, dictating the terms of a permanent treaty.
The Indians, although soliciting peace, still continued stealthy hostilities. During the summer, Sevier, with one hundred and thirty
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men, again marched against the Cherokees, defeated them at Tucka- sejah, burnt many of their villages, and desolated the country. In revenge, the Indians invaded some of the outlying white settlements. Sevier marched against them, and at War Ford, on the French Broad River, inflicted upon them summary punishment.
134. Further Hostilities .- Soon after the battle of War Ford, Sevier and Shelby went with the troops of Washington and Sullivan counties to South Carolina, and served with Marion until January, 1782. During their absence, the Cherokees, Chickamaugas, and Creeks resumed hostilities, and committed murders and depredations along the frontiers. Upon his return, Colonel Sevier from Washington County, and Colonel Anderson from Sullivan, marched with a force of two hundred mounted men into the territory of the hostile Indians, extending their invasion to Coosa and Oostenaula rivers in Georgia. The Indians offered no concerted defense, while their country was ravaged. After this punishment the Indians ceased their depreda- tions, and peace was secured.
135. 1783 .- As with the Cumberland settlers, so with Watauga settlers, this year was full of important events. Peace with Great Britain brought a relaxation of Indian hostili- ties. The new judicial district of Morgan was taken off from Salisbury District. Thus, Washington and Sullivan counties, being included in the new district, were afforded better facilities for the administration of jus- tice. A final adjustment was made with the Transylvania Company, and land titles were made secure. A land office was opened for the sale of lands for the purpose of paying off the Revolutionary soldiers. This office proved REV. SAMUEL DOAK, a valuable advertisement to attract immi- Pioneer Preacher and Teacher. grants. Greene County was erected out of Washington County. The first court consisted of Joseph Hardin, John Newman, George Doherty, James Houston, Amos Bird, and Asahel Rawlings. Daniel Kennedy was elected clerk, James Wilson. sheriff, and William Cocke, attorney for the State. At the end of this year, the three East Tennessee counties were in a prosperous . condition, and rapidly growing.
The thoughts of the people turned to the necessity for providing facilities for education, for which no provision had been made except
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the home school, which in that day was a part of the home establish- ment of every well regulated family.
In this year Rev. Samuel Doak built the log school house which was the first institution of learning in the West. Rev. Samuel Doak was the pioneer "preacher-teacher." He began his ministrations at Salem in 178o, and was soon followed by other Presbyterian min- isters. 1
136. Dissatisfaction with North Carolina. - The pressure of the British war and the Indian wars was now removed. The Western settlers began to feel their strength. Nurtured in the wilderness, accustomed to independence, they were restive under any restraints imposed by people at a distance. The desire for self-government is a trait of the Anglo-Saxon character. This trait has been conspicuously developed in the American branch of the Anglo-Saxon race.
The immediate cause of offense with North Carolina was the Cession Act of 1784. This act was passed by the General Assembly of North Carolina at its April session. It ceded to the United States all that portion of North Carolina which is now Tennessee, and noth- ing was lacking but the consent of Congress to degrade Tennessee from statehood. What did this mean to the people of Tennessee? Would they lose their right of self-government for which they had so long struggled, and which they had successfully maintained? Would they be governed by the edicts of Congress without any voice in their own affairs? What would become of land offices and land titles? They were especially alarmed at the action of North Carolina in closing the land offices. The United States had not then adopted its wise and liberal policy of territorial government. The first or- dinance for the government of the Northwest Territory had been enacted but a few months before, and its features were not generally understood. In a general way it was expected that federal territories would become States-but how, or when, and under what conditions? What would be the status of the territories during the apprenticeship?
137. The Third Independent Government in Tennessee .- The questions above propounded were vital questions to the Tennesseans of 1784. The answer had not yet been given by the United States. The people felt that their dearest interests were at stake. They had enjoyed statehood, and they were not willing to relinquish it. Their thoughts reverted to the early self-made constitutions of Watauga and Cumberland, which they had surrendered to become a part of North
1 See chapter on Education.
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Carolina, and to acquire the right of citizenship. Now North Caro- lina was giving them away without their consent. With characteris- tic promptness and self-reliance, they provided their own remedy. That remedy was the organization of an independent State. It was the third effort at self-government.
138. The Convention .- Of the four Tennessee counties, David- son County took no action; Washington, Sullivan, and Greene held county conventions, composed of two representatives from each cap- tain's company. These county conventions elected representatives to a general convention.
These representatives met at Jonesboro, August 23, 1784, and organized by electing John Sevier president, and Landon Carter sec- retary. A committee was appointed, of which William Cocke was chairman, to consider the situation. This committee promptly reported, recommending that the counties of Washington, Sullivan, and Greene should form themselves into an association, and should petition Congress to accept the cession of North Carolina and to per- mit the inhabitants of the territory to form a government, which shall be admitted into the Union as a State, and further that any contigu- ous portion of Virginia that may so desire, and shall obtain the con- sent of the State and of Congress, shall be permitted to unite with this State; that steps be taken to frame a constitution, and to send commissioners to urge the consent of Congress.
This report was adopted by a vote of twenty-eight to fifteen. Messrs. Cocke and Hardin were then appointed to prepare a plan of organization. This committee reported the next day, recommending that a convention be elected for the purpose of framing a constitu- tion, that provision be made for support of a commissioner to "nego- tiate our business in Congress," and that all agree to pledge their lives and fortunes to the support of the association. This report was adopted, and a convention was called to meet at Jonesboro, Septem- ber 16, for the purpose of framing a constitution.
The new convention which had been called for September 16, failed to meet at the appointed time, but convened at Jonesboro in November, and adjourned without taking any decisive action. In the meantime the General Assembly of North Carolina repealed the act which ceded Tennessee to the United States, and also passed an act forming the militia of Washington District into a brigade, and ap- pointed John Sevier brigadier-general.
Sevier and others thought that no further action should be taken
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towards the formation of a new State. But a public sentiment had been aroused which the leaders could not control. Sevier yielded, and went with his people.
139. Franklin .- A new convention was elected, which met at Jonesboro, and elected John Sevier president, and F. A. Ramsey secre- tary. The convention adopted a constitution, subject to ratification or amendment, or rejection, by a future convention to be chosen by the people, which convention should meet at Greeneville, November 14, 1785. In the meantime the provisional constitution was put into operation, and under it a legislature was elected. This provisional constitution has, unfortunately, been lost, and historians can only conjecture its provisions.
The new legislature met at Jonesboro, and organized by electing Landon Carter speaker, and Thomas Talbot clerk, of the Senate; and William Cage, speaker, and Thomas Chapman, clerk, of the House of Commons.
John Sevier was then elected governor, and David Campbell judge of the Superior Court, and Joshua Gist and John Anderson, assistant . judges. The Legislature adjourned March 31, 1785. Many of its acts are very interesting. (A synopsis of these acts is given in Ram- sey's Annals, pp. 293-299.)
An act which caused much criticism and merriment was the Currency Act, providing that various articles should be received as money at fixed prices-coon skins, fox skins, tallow, whisky, peach or apple brandy, sugar, tobacco, etc. The State of Franklin was now fully in operation, with John Sevier as governor. It still lacked a perma- nent constitution, and the consent of North Carolina and of Congress.
. Formal notice was served on Governor Martin of North Carolina, who at once issued a manifesto to the inhabitants of Washington, Sullivan, and Greene, which was a note of conciliation and warning. Sevier replied, and a war of manifestoes followed. Then came a period of conflict of authority between the partisans of Franklin and the partisans of North Carolina. Though threatening to lead to civil war, yet these conflicts were bloodless. Never has the Anglo-Saxon moderation of character been more conspicuously illustrated.
140. The Constitution .- In the midst of this disturbed state of affairs a constitutional convention met at Greeneville, November 14, 1785. Rev. Samuel Houston, on the part of the committee appointed for that purpose, presented a "Declaration of Rights, also the Consti. tution or Form of Government Agreed to and Resolved upon by the
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Representatives of the Freemen of the State of Frankland." This proposed constitution is the most interesting relic which has been pre- served of this short-lived State. The classical men of the period, such as Rev. Samuel Houston and General William Cocke, desired to give the new State a classical name. The committee of this convention, appointed to prepare a constitution selected the name " Frankland " -- Land of the Free. The constitution which they proposed contained some quaint features. No person is eligible to office unless he pos- sesses certain property qualifications, or if he can be proved to be guilty of immorality, profane swearing, drunkenness, Sabbath-break- ing, gaming, etc., or if he shall deny by word or writing that the Scriptures are given by divine inspiration, that there are three divine persons in the Godhead, etc. The constitution was required to be put in the form of a catechism, and taught in the schools, and a copy to be furnished to every citizen. A tribunal of twenty-four members is provided, as inspectors of the State, who shall examine into the acts of public officers, to see whether they have observed the constitution and laws, with power of impeachment, regulating salaries, etc.1 This constitution was rejected by the convention, and a hasty vote was taken, adopting the constitution of North Carolina, with few changes, and the name of the State was declared to be Franklin.
By whom and when the State was given the name " Franklin" can not be exactly determined. Before the meeting of this conven- tion, it was commonly known as Franklin. John Sevier, writing to Governor Patrick Henry, of Virginia, dates his letter, Franklin State, July 19, 1785, and says : "The people on the western waters in No Carolina, for many Reasons too long to Trouble you with, have formed themselves into a new State by the name of Franklin, and have ap- pointed their Governor." A certified copy of this letter is in posses- sion of Col. John Allison.
141. The Capitol of the State of Franklin .- At the Centennial Exposition in Nashville an old log house, shown in the annexed pict- ure, was exhibited as the capitol of Franklin, having been removed from Greeneville for the purpose of exhibition. According to tradi-
! It is believed that only one complete copy of this curious document is in existence. This copy was procured by Dr. J. G. M. Ramsey, the historian, after the publication of his Annals of Tennessee, and was presented by him to the Tennessee Historical Society. Dr. Ramsey had previously obtained a mutilated copy, which he published in his Annals, with the remark that the remainder was lost. The complete copy, secured from the archives of the Tennessee Historical Society, was published in full, January, 1896, in the American Historical Magazine of the Peabody Normal College at Nashville, Vol. I, No. 1, pp. 48-63.
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tion, this building was used from 1785 to 1787 as the capitol of Frank- lin. This, however, is disputed, as resting upon no testimony which can be adduced. Ramsey's statement that the county court-house at Greeneville was used as the capitol of Franklin, has been challenged on the ground that the court-house was not built until a later date. It is generally conceded that the old log house, here shown, was standing in 1785. In the absence of positive evidence, we may trust to the old tradition, and believe that it was, in some manner, used by the State of Franklin. Nothing that could be written could convey to us so vivid an idea of the condition of the times as the study of this old building, which has come down to the present as a monument of the past.
The picture here given is copied from a photograph taken in April, 1897, which represents this historic building as it now appears, deserted and dilapidated, but exhibiting the simplicity and solidity of its structure, and attesting how the conquerors of the wilderness had already subjected the primeval forest to the uses of pioneer life. 1
It had been fif- teen years since the first cabin had been erected by William Been. In that short space of time a stream of population had poured in; law and order had been se- cured; two famous constitutions had AN OLD HOUSE AT GREENEVILLE, SUPPOSED TO HAVE BEEN THE CAPITOL OF THE STATE OF FRANKLIN. been established-the "Watauga Association " and the "Cumberland Compact"; dwellings had been constructed from the resources of the wilderness, agriculture, primitive manufactures, and other appliances of civilization were rapidly developing ; roads and other internal improvements were in progress. Our ancestors were well aware of the great resources in their possession, and they were using energetic means to convert these resources into wealth; and to prepare for their old age and for their
' The photograph from which this picture is taken was furnished by Colonel John Allison, and a fac simile of it may be found in his valuable and interesting work, "Dropped Stitches in Tennessee History," opposite page 32.
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posterity the comforts and appliances of civilization; but the elegance and luxury of accumulated capital were not yet within their reach. Whether this particular building, or some other of similar structure, was used as the capitol in this primitive period, its real ornaments can not be shown in a picture. Let us view them in imagination, as John Sevier and his hero pioneers assembled within its walls. Com. manding in figure, noble in presence, picturesque in costume, frank, bold, just, and wise; all unconscious of their greatness, they formed a group which history can not adequately portray, and which pos- terity can never cease to admire.
142. The Decline .- The conservative and firm course of North Carolina, the reticence of Congress, the lack of resources of the new State, and the conflict of government were beginning to sap the strength of the State of Franklin. It soon became evident to Sevier that his government must collapse unless he resorted to force to main- tain its authority. For the only time in his life, John Sevier showed vacillation-honorable vacillation. Pride and fidelity to his associates led him on-his sound judgment and kindly instincts held him back. IIe could not find it in his heart to involve his people in civil war. He refrained from violence, and permitted its government to go by default.
143. The Efforts at Compromise .- North Carolina continued to legislate and to execute her laws within the jurisdiction of Franklin. In 1786, her General Assembly erected Sumner County out of David- son, and Hawkins County out of Sullivan, being the same territory which Franklin had assumed to erect into Spencer County. At this juncture, General Cocke and Judge Campbell were appointed commis- sioners to make an appeal to the General Assembly of North Caro- lina. Judge Campbell addressed Governor Caswell of North Caro- lina an able letter of remonstrance. General Cocke appeared at the bar of the General Assembly, and was accorded a hearing. In an address of great ability and eloquence, he touched the sympathy of the legislators, but failed to secure favorable legislation.
The next effort at compromise came from North Carolina. Colo- nel Evan Shelby was requested by Governor Caswell to hold a con- ference with Governor Sevier. This conference was held at the house of Samuel Smith, May 20, 1787. An agreement was reached, which was reduced to writing and signed by Shelby and Sevier. This was an agreement of mutual forbearance between the two governments until the meeting of the next General Assembly of North Carolina. Certain stipulations were made for carrying on the public business by
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cooperation of the two governments. This compromise averted the danger of violence, and afforded present relief, but it was only a tem- porary expedient.
144. The Collapse .- The term of office of the members of the Legislature of Franklin had now expired, and the authority of the State was so weak that no elections were held to fill their places. Sevier's term of office was also near its close. He was ineligible to reelection, and there was no legislature to elect his successor. Thus, Franklin expired like the flickering lamp in which the oil is exhausted. The end came March, 1738, with the expiration of Sevier's term of office. Near the close of his administration, Governor Sevier became involved in a contest with Colonel Tipton, which was the nearest ap- proach to violence in the history of Franklin. The North Carolina sheriff had seized some of Sevier's negroes, on legal process, and con- fined them at Tipton's house. Sevier, with a strong party of his friends, besieged Tipton's house. He could not be induced, however, to resort to violence. After lingering in a vacillating way until Tipton was reinforced, Sevier withdrew.
145. Sevier in Custody .- Soon after the expiration of his term of office as Governor of Franklin, Sevier was arrested on a warrant issued by Judge Spencer, on the charge of treason. The arrest was made by Colonel Tipton, who acted brutally upon the occasion. Sevier was handcuffed, and sent to Morganton, where he was placed in the custody of the sheriff of Burke County. Here he found warm friends and sympathizers among his King's Mountain comrades. After a short sojourn, he left Morganton without trial and returned home. The manner of his release or escape is variously stated. According to one statement, his old comrade, Cosby, accompanied by Sevier's son, followed him to Morganton, walked into the court where Sevier was arraigned, and addressing the judge sternly, asked, "Ain't you about done with this man?" Whereupon, Sevier walked out of the court, sprang upon his favorite horse, which was held in waiting for him, and rode rapidly away.
Recent researches of Dr. E. E. Hoss and Col. John Allison have proved that all these romantic statements, notwithstanding the sanc- tion of the old historians, are erroneous. The records of Burke County, N. C., show that no court of any kind was in session in Morganton at or near that time. A manuscript statement of Maj. John Sevier. who was one of the party that went to Morganton to effect, if neces- sary, his father's release, gives an account of the whole affair.
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As soon as it became known that Sevier had been carried away in handcuffs, a large meeting of his friends assembled at Jonesboro, armed, and ready to proceed to violence. It was decided to send Dr. Cosby, Maj. John Sevier, and three others, to Morganton. Upon their arrival, they found that Sevier's old King's Mountain comrades had already come to his relief. Generals Charles and Joseph McDowell had become his bondsmen. The sheriff, himself a King's Mountain veteran, had released him from custody. Sevier was found at the hotel, surrounded by veteran comrades. He left Morganton with his friend sin open daylight, and unmolested.
146. Honors to Sevier .- Upon his return home, he was joyfully received by his old friends and neighbors, and nothing more was ever heard of his arrest. Soon afterwards he was elected to represent Greene County in the Senate of North Carolina. He attended the meeting of the General Assembly at Fayetteville, November 2, 1789. The act which debarred him from holding office was speedily repealed, and he was admitted to his seat, and soon afterwards reinstated as Brigadier-General of Washington District. In the same year, he was elected as Representative to the United States Congress from Wash- ington District of North Carolina, which district coincided with the present State of Tennessee. He was the first member of Congress west of the Alleghany Mountains.
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CHAPTER XV.
CUMBERLAND, 1783-1790.
147. 1783 .- The year 1783 was full of events "pregnant with destiny " to the Cumberland settlers. April 14, North Carolina asserted jurisdiction by establishing Davidson County. In the early part of the year, the governor of North Carolina appointed commis. sioners to lay off the lands which had been granted by the State. October 6, the "Inferior Court of Pleas and Quarter Sessions " was organized at Nashborough. In June, the treaty of Nashborough was held with the Cherokee and Chickasaw Indians. September 3. the final treaty of peace was concluded at Paris, which closed the Revolutionary War and brought on the "Spanish Intrigues." Let us study the effects of these important events.
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