USA > Tennessee > History of Tennessee, its people and its institutions > Part 9
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148. Davidson County .- The settlers on the Cumberland had established an independent government to provide for their necessities,
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CUMBERLAND, 1783-1790.
but they had never claimed or desired to be independent of North Carolina. They petitioned for recognition from the State, and were rejoiced when recognition was granted.
149. The Land Commissioners Arrive .- In 1782, Absalom Tatum, Isaac Shelby, and Anthony Bledsoe were appointed commis- sioners to select and lay off a tract, or tracts, of lands sufficient to meet all the grants which North Carolina had inade to the officers and soldiers of the Revolutionary War. Early in 1783, these com- missioners reached Nashborough, and entered upon their duties. Accompanied by a guard of one hundred men and an escort of many leading citizens from the Cumberland settlements, they proceeded to lay off the boundaries of the " Military Reservation." Beginning at a point near where Elk River crosses the southern boundary, and which has since been called "Latitude Hill," they ran the line, which has been styled the "Commissioners' line." The officers and soldiers were not satisfied with this reservation. In the same year, 1783, the Legislature passed an act designating the boundaries of the military reservation, which was laid off by commissioners the next year, 1784. The boundary of the new reservation is generally called the "Conti- nental Line." There has been much confusion between these two reservation lines of North Carolina. This confusion was increased at a later date, when a third reservation line was run to make the bounda- ries which separated the public lands which the United States reserved, front the public lands of the State of Tennessee. This last named line is generally called the " Congressional Reservation Line." These three reservation lines and their several boundaries are represented on the Map of Public Lands and Reservation Lines.
The first commission in 1783, laid off, near Columbia, a tract of twenty-five thousand acres for General Greene, which had been granted by North Carolina, "as a mark of the high sense of his extraordinary services in the war of the Revolution." In 1791, Thomas Jefferson, Secretary of State, made a report to Congress on the condition of the public lands. The student is referred to this report. The following quotation alludes to the above mentioned commission : " 2nd. Grants to Isaac Shelby, Anthony Bledsoe, and Absalom Tatum, commission- ers for laying out the military boundaries, and to guards, chain carriers, markers, and hunters, who attended them, already issued to
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HISTORY OF TENNESSEE.
the amount of sixty-five thousand nine hundred and thirty-two acres, located in the military district." 1
150. Effects of the Bounty Land Grants .- The location of bounty lands had the effect of bringing to the feeble settlements in Middle Tennessee what they needed above all other things, a stream of hardy immigrants. Veteran soldiers of the Revolution came to settle on their land grants, and with them came their families and many of their friends and neighbors. This tide of immigration brought to Tennessee a large element of her best population. It more than com- pensated for the irritation of the Indians by providing a strong rein- forcement of experienced and hardy defenders. Nevertheless, the Indian hostility was a present calamity, and was promoted by the land surveys. As an evidence of the Indian sentiment, may be men- tioned the reply of the Indian chief, Hanging Maw, to John Peyton. A party of whites had been surprised by the Indians, and in their flight had left behind a surveyor's compass. About a year afterwards negotiation was begun to recover the compass. The Indian chief replied: "You, John Peyton, ran away like a coward, and left all your property. As for your land-stealer, I have broken that against a tree. 2
151. The Treaty3 of Nashborough .- Among the most important events of the year was the treaty which was begun and concluded with the Chickasaws and Cherokees, in the month of June, 1783, at a sulphur spring about four miles from Nashville on the Charlotte road, and since known as Cherokee Spring. This treaty with the Indians was called by Colonels Donelson and Martin, commissioners of Virginia. It was held by permission of the Cumberland settlers. Many persons, and among others James Robertson, were opposed to permitting the Indians to assemble in the midst of the Cumberland settlements. Finally, the matter was submitted to a vote of the peo- ple. The election resulted in granting the permission, by a small majority. The Indians accordingly assembled in large numbers to meet the commissioners of Virginia. They were hospitably enter-
1 Imlay's America, p. 58; American State Papers ; Putnam, p. 172; American Historical Magazine, Vol. II, Number 4 ( October 1897 ). pp. 303 et seq. (Article of James McCallum ); 2 Meigs' Digest, p. 664 ; Acts 1783, chapter 3, 27 ; 2 Haywood & Cobb's Laws, p. 32.
" Putnam, p. 247.
3A conference with the Indians was called a "Talk," or a "Treaty." The term "Treaty " was also applied to a written agreement.
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CUMBERLAND, 1783-1790.
tained by the Cumberland people, and the occasion became one of festivity, enlivened by games and athletic sports. 1
152. The Chickasaw Cession .- At this conference, or treaty, the Chickasaws ceded to North Carolina the tract of country extending from the Cumberland River south to the ridge dividing the waters that flow into Duck River from the waters that flow into the Cumber- land. This treaty, although not authorized or recognized by the United States, was sacredly observed by the Chickasaws, and secured their cordial and lasting friendship to the Cumberland settlers. The terms of this treaty were subsequently confirmed by the United States by "the treaties of Hopewell, concluded with the Cherokees on the 28th day of November, 1785, and with the Chickasaws, on the 10th day of January, 1786.''2
153. Causes of Anxiety .- Although a preliminary treaty of peace had been agreed upon between Great Britain and the United States, yet it was not to go into effect until ratified by our allies, France and Spain. There were important points at issue between these powers and Great Britain. Among them were questions con- nected with Florida and the Mississippi River. In these questions the Cumberland settlers were deeply interested. While they rejoiced in the temporary respite from war, they looked anxiously to the future. Still harassed by the guerrilla warfare with the Cherokees and Chickamaugas, they dreaded a renewal of dangerous invasions, if the treaty should fail, and the British should again become allies of their savage foes. They also feared that the conclusion of the treaty would leave Great Britain in possession of Florida and in control of the mouth of the Mississippi River. In this event they foresaw annoy- ance to their commerce, almost the prohibition of the use of the Mis- sissippi, and active Indian hostilities.
154. The Final Treaty of Peace .-- When the Definitive Treaty of Peace was concluded, September 3, 1783, the Cumberland settlers learned with joy that Florida was ceded to Spain, and the control of the Mississippi had passed into the hands of one of our allies, who, though not an active ally like France, had aided our struggle for
IThe historians differ somewhat. See Putnam, p. 194; Haywood, p. 361; Monette, Vol. II, pp. 216, 265; Ramsey, pp. 459, 489: American State Papers, Folio Edition, Vol. I. p. 15, Vol. V. p. 432. See map of Indian Treaties, page -; also Jefferson's Report of 1791, Imlay, page 586, and American State Papers; Ramsey, p. 463.
2 See Putuam, pp. 238-241 ; Jefferson's Report of 1791; Imlay, p. 586; and American State Papers.
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HISTORY OF TENNESSEE.
independence, had overrun Florida during the war, and had forced its cession from Great Britain. They looked forward to the cessation of Indian invasions, and to favorable terms for the navigation of the Mississippi.
Deep was their disappointment when they found that instead of a friend and ally, they were to encounter a wily and treacherous enemy.
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Then began the peculiar period of Western history, known as the period of the "Spanish Intrigues." The policy of Spain had been
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CUMBERLAND, 1783-1790.
foreshadowed in 1781, and later at Paris in the negotiations prelimi- nary to the treaty of peace.
155. The Spanish Intrigues .- In June 1781, France, at the instigation of Spain, persuaded the Congress of the United States to pass a resolution consenting that peace might be made on terms satis- factory to France, provided only that the Independence of the United States should be acknowledged.1 When the real purpose of France and Spain came to be understood, this resolution was repealed. Spain, although wishing to strike England by aiding in the revolt of her colonies, was no real friend of the United States. On the contrary, · Spain was alarmed at the principles of freedom which formed the basis of American institutions, and feared that these principles would spread among the Spanish American colonies.
156. Plan to make the Western Country a Vast Indian Reserva- tion .- France cooperated with Spain in the effort to limit the western boundary of the United States to the Alleghany Mountains.2 In the peace negotiations at Paris in 1782, our two allies urged our Commis- sioners to consent to this limitation. It was proposed that the entire western country should constitute an Indian reservation, to be divided into three parts; that the portion north of the Ohio River should be under the protection of Great Britain ; the portion between the Ohio River and Florida should be divided into two parts, the eastern part to be under the protection of the United States, and the western part, under the protection of Spain. This purpose was defeated by the firmness of our commissioners and the magnanimous action of Great Britain, and our boundaries were extended to the Mississippi River on the west and the Great Lakes on the north.
157. Continuation of the Spanish Intrigues .- Being foiled in the purpose of establishing an Indian Reservation as a barrier between her American possessions and the United States, Spain had to be con- tent for the present with acquiring Florida. With this acquisition,
1 This action of Congress was taken in secret session, but rumors began to circulate which caused alarm throughout the country, and aroused deep resent- ment in the West. At a later period, when the Virginia convention was consider- ing the question of the ratification of the Constitution of the United States, this action of Congress was investigated, and was severely condemned by Patrick Henry. It came very near preventing the ratification of the Constitution. See Virginia Historical Collections, Vol. IX, New Series, Virginia Convention, . Vol. I, pp. 230-247.
2 See Narrative and Critical History, Justin Winsor, Vol. I, chapter 2, entitled "Peace Negotiations of 1782-1783," by Hon. John Jay ; Marbois' History of Locisi- ana, pp. 149-153 ; Bancroft, Voi. VI, pp. 441-454.
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HISTORY OF TENNESSEE.
she obtained control of the mouth of the Mississippi and of all the streams which flow into the Gulf of Mexico.
As soon as peace was concluded in 1783, Spain began the secret operations against the western settlements in Tennessee, Kentucky, and the Northwest Territory, which historians have denominated the "Spanish Intrigues." Her first efforts were addressed to the work of inciting the Indians to hostilities against the infant settlements, with the purpose of forcing the English settlers to abandon the country. To effect this purpose, the Spanishi governors resorted to every artifice known to diplomacy to incite the Indians by secret means. At a later period, the policy of Spain was materially changed, and was directed to conciliate the western people and to induce them to separate from the United States, and to establish an independent government in alli- ance with Spain. Let us now examine the first period of the " Spanish Intrigues," which extended from 1783 to about 1788.
158. Active Hostilities of the Indians .- Just as the Cumberland settlers were beginning to look for rest from savage warfare, which had so long harassed them and retarded their growth, they were confronted with an unusual activity among the Southern Indians. They were slow to believe that their old ally, Spain, was instigating and aiding the Indian aggressions, but the conviction was gradually forced upon them, and brought a sense of anxiety. Although beginning in 1783, the Spanish intrigues were not fully developed until a few years later, when the Indian hostilities and the restrictions on the use of the Mississippi River became disastrous to the interests of the South- west.
159. State Court Established .- Steadily growing, in spite of all obstacles, the Cumberland settlers felt the need of a court of justice whose powers emanated from the State. January 7, 1783, the Court of Notables, the tribunal of the Cumberland Compact, had been revived, and its jurisdiction enlarged, but a court whose powers rested only on general acquiescence was manifestly inadequate to the demands of the growing community, and its authority was weakened when Davidson County was established by State authority. The situation was relieved by the governor. He appointed Isaac Bledsoe,
Samuel Barton, Francis Prince, and Isaac Lindsay judges of the " Inferior Court of Pleas and Quarter Sessions" for Davidson County. This co ist was organized October 6, 1783, at Nashborough. Andrew Ewing who was at the time clerk of the Court of the Notables, was ' appointed clerk of the new court. The "Cumberland Compact " now
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CUMBERLAND, 1783-1790.
passed out of existence, except so far as its precedents served to sup- plement the laws of North Carolina.
160. 1784 .- In this year the name of Nashboroughi was changed to Nasliville. It was in August of this year that the movement began to establish the State of Franklin. In this movement David- son County took no part. Of the four counties of Tennessee, Wash- ington, Sullivan, and Greene were geographically connected, and were all the offspring of the Watauga settlement. Davidson County was geographically distinct. The two centers of population were about three hundred miles apart, with no common interests except sympathy and community of danger from Indian neighbors. It thus happened that the Cumberland had no share with the Watauga in the glory of King's Mountain, or in the organization of Franklin. The time was not far distant, however, when the spread of population and the facilities for intercommunication should unite these two communi- ties who began their careers so far apart. In June of this year occurred an event of dangerous import to the Western settlers, and especially to the citizens of Davidson County. The three Spanish governors met at Pensacola, Fla., and entered into a treaty with the celebrated Creek chief, Alexander McGillivray. It was the purpose of this treaty to bring the powerful Creek nation to the aid of the Cherokees and Chickamaugas, and to unite all the Southern Indians in the movement to drive the Cumberland settlers from the country. 1 It was well for the Cumberland people that hardy immigrants were coming to aid them to meet this new danger.
161. New Counties. - With the increase and spread of popula- tion came the necessity for establishing new counties. November, 1786. Sumner County was formed from Davidson. In November, 178S, Ten- nessee County was formed from Davidson. This latter county gave up its name when the State of Tennessee was admitted, and its terri- tory was divided and organized into two counties.
162. The Coldwater Expedition .- The Indian aggressions had become so atrocious in 1787 that Colonel Robertson determined to sub- mit to them no longer. Learning from the friendly Chickasaws that the Indian station, for carrying on their depredations, was located at Coldwater, a famous spring (now Tuscumbia, Ala.), he determined to carry the war into the enemy's country. Taking two Chickasaw guides, one of whom was named Toka, he made a rapid march, with one hundred and thirty men, commanded by himself, Colonel Robert
1 Putnam, p. 221.
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HISTORY OF TENNESSEE.
Hays, and Colonel James Ford. The expedition was conducted with secrecy and skill, and was entirely successful. The town of Cold- water was completely surprised. The Indians were routed, almost without resistance. About twenty-six Creek warriors were killed, and a few other Indians. The town was destroyed, and a large store of goods was captured. These goods were the property of Frenchi traders. This led to a correspondence between General Robertson and Mons. Cruzat, the French commandant at St. Louis. 1
Colonel Robertson was severely censured for this expedition, and published a letter in defense of his action.
163. Judicial Districts .- In November, 1784, the Judicial District of Washington was created by the General Assembly of North Caro- lina, including all of what is now Tennessee, and comprising Wash- ington, Sullivan, Greene, and Davidson counties. In November, 1788, a new judicial district was cut off from Washington District, and was named Mero District. It comprised Davidson, Sumner, and Tennessee counties. The creation of Mero District marks not only the rapid development of Middle Tennessee, but also to the beginning of the second period of Spanish policy.
164. Mero District.2-Don Estevan Miro, in 1788, was made Governor and Intendant of Louisiana and West Florida. With his administration came a change in the policy of Spain. The futility of the efforts to drive the Western settlers from the country had been demonstrated. Miro now began the policy of conciliation. He em- ployed agents to win the confidence and favor of the Western people, to inflame their resentment against the coldness to their interests which had been shown by the Federal Government, and to offer the inducements of the free navigation of the Mississippi, and the sup- pression of Indian hostilities, as the price of establishing a Western republic in alliance with Spain. The whole of this policy was not at first revealed, but its pacific character was gratifying to the West, and especially to the Cumberland people, who had suffered most from Spanish diplomacy.
When the new Western judicial district came to be named, it was a stroke of policy, as well as an expression of gratitude, to name
1 See correspondence of General James Robertson, American Historical Magazine, Vol. I, No. I, p. 76 ( January Number, 1896).
2 An interesting account of Mero District may be found in the article of Colonel John Allison, American Historical Magazine, Vol. I, No. 2, p. 115 (April Number. IS96); also, Dropped Stitches, in Tennessee History, p. 86. The student may also consult American Historical Magazine, pp. 87, SS, 109-112.
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THE SOUTHWEST TERRITORY.
it in honor of Don Estevan Miro, the exponent of the new and appar- ently friendly policy of Spain. In giving the name, however, it assumed the English spelling with the Spanish pronunciation. It is said that the name was suggested by James Robertson. 1
165. The Second Cession .- The time had now arrived when the two distant settlements of Watauga and the Cumberland had so expanded that they had reached out toward each other, and were ready to unite in one government. The Constitution of the United States had been adopted by the convention in 1787. It had been ratified by a sufficient number of States, and went into operation in 1789. George Washington, as president, had inspired the whole country with confidence in the benevolence and firmness of the Federal government. North Carolina had held aloof from the Union, and took no part in the first presidential election. Finally, her objections were overcome, and she entered the Union. One of her first acts was to make to the United States a second cession of her Western territory, which is now Tennessee. The deed of cession was made February 25, 1790, and was very differently received from the former cession. There were many reasons for this. The Congress of the Confederation had passed the ordinance of 1787 for the government of the Northwest Territory, and had outlined its territorial policy. The people felt more confidence in the new Federal government than they had felt in the Confederation. The second act of cession by North Carolina contained provisions and stipulations for the protection of the people of the ceded territory which the first cession had not con- tained. The whole territorial question was now better understood, and the people of Tennessee saw that it was the most speedy means to acquire separate statehood. The cession act was, therefore, cordially received in 1790.
CHAPTER XVI. THE SOUTHWEST TERRITORY.
166. Organization .- The cession of North Carolina was accepted by Congress April 2, 1790. June S, President Washington commis- sioned William Blount, Governor of the Territory of the United States
1 In this connection refer to the correspondence of General James Robertson with McGillivray and Miro, American Historical Magazine, Vol. I, pp. So-SS, 107-112 (January number, 1896.) Putnam and Roosevelt are in error in assigning the Miro letter to the year 178 ;..
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HISTORY OF TENNESSEE.
South of the River Ohio. 1September 20, Governor Blount took the oath of office before James Iredell, one of the Associate Justices of the Supreme Court. October 22, he performed his first official act as governor by laying off and organizing "Washington County in the Territory of the United States of America South of the River Ohio." This act was speedily followed up by "laying off and organizing" the remaining counties embraced in the North Carolina cession into cor- responding counties of the "Territory of the United States South of the River Ohio," viz .: Sullivan, Greene, Davidson, Sumner, Haw- kins, and Tennessee counties.
167. County Organization Completed .- As each county was designated and " laid off," the governor made the administration of its affairs effective and complete by establishing courts and military organizations, and by appointing the county officers-justices of the peace, sheriffs, deputy sheriffs, constables, reg- isters, coroners, clerks of courts, county attorneys, militia officers, etc. He, also, issued licenses to practice law. Among those appointed county officers were John Sevier, James Robertson, James Winchester, Landon Carter, James Alli- son, David Allison, John Rhea, Charles Robertson, Edward Tate, James White, Stockly Donelson, Joseph McMin, Fran- WILLIAM BLOUNT, Governor of Southwest Territory, and United States Senator. cis Alexander Ramsey, John Rains, An- drew Ewing, Isaac Bledsoe, Kasper Mansker, Ezekiel Polk, Luke Lea, Charles McClung, Nicholas Perkins, Howell Tatum, and others whose names are well known in the early annals.
168. Judicial Districts .- The territory was divided into two judicial districts. The four eastern counties, Washington, Sullivan, Greene, and Hawkins, constituted the Judicial District of Washing- ton. The three western counties, Davidson, Sumner, and Tennessee, constituted the Judicial District of Mero. In each of the several counties, justice was administered by the "Inferior Court of Pleas and Quarter Session," which consisted of justices of the peace,
1 See Governor Blount's Journal, American Historical Magazine, Vol. II, pp. 213-277 (July number, IS97),. This journal is an epitome of the history of the Southwest Territory. Names are given as spelled therein.
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appointed by the governor. This court was similar to our present county court, but was clothed with more extensive powers, judicial and legislative. The territorial courts were held in each of the two judicial districts. This court was styled the "Superior Court of Law and Equity." These judicial districts, serving as a convenient division of the territory, were also made military districts.
169. Territorial Appointments by the President .- The principal officers of the territory were appointed by President Washington, as follows: William Blount, governor ; David Campbell, 1 John McNairy, Joseph Anderson, judges "in and over the territory," etc .; 2Daniel Smith, secretary "in and over the territory," etc .; 3John Sevier, brigadier-general for Washington District, and 3James Robertson, brigadier-general for Mero District.
In addition to his duties as governor of the territory, William Blount was, also, United States Superintendent of Indian Affairs. In his service, Hugh Lawson White, Willie Blount, and Richard Mitchell, were his secretaries.
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