History of Tennessee the making of a state, Part 19

Author: Phelan, James, 1856-1891
Publication date: 1888
Publisher: Boston, New York, Houghton, Mifflin and Company
Number of Pages: 984


USA > Tennessee > History of Tennessee the making of a state > Part 19


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38


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party in Tennessee; were cut off from the Federalists of the eighteenth century as completely as the French Re- publicans of to-day from the Girondins of the Revolu- tion.


Sevier was elected to fill for the first time the first office in this State. The course of public affairs offered no occasion for the display of administrative skill or ex- eentive ability. Nothing was called for beyond the rou- tine duties with which every man of ordinary application can render himself conversant. Sevier's residence was several miles from Knoxville. Unable to support the manner of living which had distinguished the elegant administration of his predecessor,1 Governor Sevier af- fected the opposite extreme. and while losing nothing of the portly dignity which always marked his personal bear- ing, the studied simplicity of his life gained him addi- tional popularity among the people over whom he ruled. He was reelected for three successive terms, when the limitations provided by the constitution rendered im- possible his continuanee in office. In 1801 Archibald Roane was elected, and served until 1803. when Sevier was again a candidate for reelection. The contest between Roane and Sevier was purely personal. Sevier's popu- larity was unbounded. The only hope of compassing his defeat was to break the influence of his name. An attempt was made to sully his reputation. At this distance and from the scanty material which survives, it is difficult to determine exactly how far the attempt was successful.


In 1792 he and Landon Carter owned in partnership land warrants for 128,000 acres, and by an agreement made August 1, 1792, Sevier bound himself in the sum of 700,000 silver dollars to perfect the title, by laying them on lands " as valuable as present circumstances will permit." After titles in fee simple shall have been ac- quired, " in John Sevier's or any other person's name,"


1 The new State had but $3,145.61 in the treasury.


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Sevier is to convey one half of what was left, after pay- ing expenses, to Landon Carter.1 Ten years after the date of this agreement, during the canvass against Roane, it was discovered that a large amount of fraudulent land warrants were in existence, and it was charged that John Sevier was deeply implicated. Andrew Jackson was on the bench at the time, and at once arrayed himself against Sevier. Among the latter's most earnest political friends were the Donelsons, a sister of whom was Jackson's wife. This defection, especially in so conspicuous a character as a superior judge, damaged Sevier in the eyes of the pub- lic. It also embittered him. His bitterness was enhanced by an appearance of flagrant ingratitude, for Jackson owed his original appointment to Sevier.


The contest between Roane and Sevier was acrimonious and the latter often referred to Jackson in his speeches. Roane was a lawyer, had been a judge, also a teacher, in which capacity he had given instruction to Hugh L. White, was fond of polite literature, and had an affable demeanor, though at times he was abstracted in manner. But he was not the man to cope with the hand-shaking and buoyant-hearted Indian fighter of the Nollichucky. Sevier was elected by a vote of 6,786 to 4,923. Shortly after Sevier's inauguration, Jackson was holding court at Knoxville. They met October 1, on the public square. Proceedings had already been instituted by John Tipton in the General Assembly to investigate the land-warrant affair. With this impending, Sevier, upon seeing Jack- son, denounced him violently as one who had instigated the calumnies of his enemies. Jackson retorted, and among other things, referred to his public services. Sevier scornfully replied that he knew of no public services that he had performed, except to run off to New Orleans with another man's wife.


1 The MS. agreement is in the Historical Society Library at Nash- ville.


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The two men had many points in common. Both had a gracious and a winning suavity of speech and gentle- ness of manner when ealın. Both were subject to frantic outbursts of fury. And both, when enraged, were like madmen. They stormed. They blustered. They swore loud and boisterous oaths. Their faces and lips grew white. Their eyes glistened like melted glass. And like wild beasts, the first impulse of each was to strike, to wound, to tear. But each had also a reserve of prudence that was rarely extinguished even in the most extravagant paroxysms.


Jackson's anger flamed out at the reference to his wife, and he made desperate efforts to reach Sevier, but was restrained. Jackson, seeing his antagonist with a drawn cutlass, and having only a cane himself, prudently yielded to the remonstrances of the bystanders. The next day he sent a challenge. Sevier returned a mocking reply, accepting for any time and place " not within the State of Tennessee." Jackson insisted on the meeting taking place in the neighborhood of Knoxville, since the insult had been passed here. Sevier declined. "I have some respect," said he, " for the laws of the State over which I have the honor to preside, although you, a judge, appear to have none." A vigorous correspondence bristling with threats and expletives ensued. It would have perplexed the best special pleader in England or America to deter- mine what point of difference was at issue between them at any given time. Finally, Jackson, in a note dated October 10, 1803, expressed his willingness to meet Sevier at Southwest Point, any time between Tuesday afternoon and Wednesday at midday. This proposition Sevier again rejected as not coming within the conditions previously raised. Jackson then agreed to meet him in Virginia. Sevier refused to open the note containing this proposi- tion. Jackson, in pursuance of a previously uttered threat, published Sevier as "a base coward and poltroon -


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he will basely insult but has not the courage to repair the wound." Jackson went to Southwest Point, but Sevier did not appear. Returning, he met him and a company of friends. Jackson had prepared a note setting out his wrongs and demanding reparation. Seeing Sevier he sent this forward. Sevier refused to receive it. It was returned to Jackson. Enraged, Jackson charged upon him with his cane. Sevier dismounted. Pistols were drawn. But Jackson had lost all stomach for the fight and Sevier had never had any. Friends interfered. After some wrangling an indifferent peace was patched up be- tween them. In 1791 Sevier had seventeen children alive. Sevier's death at Jackson's hands meant also Jackson's death at the hands of Sevier's sons, who were proud, brave, and devoted to him. This undoubtedly had much to do with the hair-splitting niceties of the correspondence by which a meeting was successfully evaded.


During the contention between Jackson and Sevier. Tipton and other members of the General Assembly of his faction prepared an address to Jackson expressing their entire confidence in him and approbation of his of- ficial aets. David Campbell, one of the superior judges, had been impeached for receiving a bribe from a litigant. This, it was thought, might possibly besmirch Jackson in the eyes of the general public, although Campbell was de- clared not guilty by a vote of 9 to 3.1 In the House, Tipton pressed with unflagging energy the investigation of Sevier's speculations in land warrants. A special com- mittee was appointed composed of Jesse Wharton, Wil- liam Martin, John Menifee, David Campbell, subse- quently withdrawn for James Seott, Samuel Tipton, and John Tipton. John Carter, entry taker of Washington


1 Campbell never recovered from this blow. In 1809 he and James Trimble were candidates for the judgeship of the second cir- cuit. Trimble was unanimously nominated on the first . dlot.


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County and also one of the witnesses to the agreement be- tween Sevier and Landon Carter, had deposited with Gov- ernor Roane certain documents relative to his office. These Roane delivered to the speaker of the House of Representatives, and these were the material for the in- vestigation which followed, and which kept Sevier in hot water while it progressed. The Senate appointed a sim- ilar committee. Sevier was called on to deliver up such papers from Carter's office as had been deposited with him. On the 8th of November, the committee reported that 165 of 175 papers purporting to be locations, each containing 640 acres, were in John Sevier's name and written in his hand. Of the other ten, a majority were in the names of members of Sevier's family. Upon these, warrants had been issued by Landon Carter to John Se- vier to the amount of 105,600 acres, and on these grants for 46,060 had been obtained. All of these entries were founded in fraud, and in some cases sixty different grants had been issued to different individuals. The report con- cludes in these words : "From the foregoing facts. founded on the testimony herewith accompanying, the committee are of opinion that warrants to the amount of 105,600 acres of land have been fraudulently obtained by John Sevier from Landon Carter who aeted as entry taker in said offiee, on the file of papers purporting to be locations and grants surreptitiously obtained from the secretary of North Carolina, to wit : James Glasgow by said Sevier on said fraudulent warrants, to the amount of 46,060 acres." A motion to reject the entire report was lost, and another motion to amend the report so as to have it merely set forth the facts without attributing any de- sign to or interpreting the motives of John Sevier was carried. It is worthy of note that Sevier's friends voted even against this. This is the evidence. It is too meagre to establish definite conclusions. Our whole system of land-laws was a labyrinth to our forefathers, as it is to us.


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Large land speculations were daily events. The charges against Sevier involved forgery. In the absence of inore conclusive evidence, his character, his popularity, the love his neighbors bore him, his achievements during long years of service are of themselves sufficient to overthrow the most conscientious skepticism. But join to this, that he was twice elected, even after the investigation, to the same high office, that at the end of his last gubernatorial term he was elected to the State Senate, that in 1811 he was chosen a representative in Congress and served as a mem- ber of that body until his death, and he should be acquit even in the eyes of those prone to accept the most sinister interpretations of all complex human transactions. His hold upon the people of Tennessee appeared to grow from year to year. The impression was wide-spread that he would serve as governor for life, with such intermission as constitutional restrictions made necessary. In 1807 Wil- liam Coeke announced himself as a candidate for the gov- ernorship. Cocke had long held an honorable and con- spicuous place in Tennessee. He had been one of the earliest pioneers. He had been prominent in the State of Franklin. He had been one of the first senators from Tennessee. But so hopeless did it appear to contest the election with Sevier that he was forced to withdraw. He was at once assailed as having had some secret end in view. On the 13th of July he wrote a letter to the ed- itor of the " Impartial Review " in which he denounces the report that he had offered himself as a candidate for gov- ernor in order to deter others, and had then retired by arrangement with " the present governor to secure an elec- tion to that office at the time the constitution prohibits his further services."


Sevier not only possessed great popularity, he deserved it. He harmonized with the times and the people. His tall and commanding figure, his intelligent features, his skill in all those manly exercises which were the only


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accomplishments of a turbulent era, his bravery, his intel- lectnal force of character, placed him naturally at the head of affairs. But more than this, he possessed perhaps every qualification which could contribute in an essential degree to the success of a politician. He made himself at home in everybody's house and made everybody at home in his house. Even when governor, his house presented at times the appearance of an inn. His horses, his am- munition, his camp equipments, his provisions, his purse, he placed at the disposal of his friends with lavish gener- osity. He was fond of mingling with people, and his amiability and cordiality rendered him irresistible. He knew enough of human nature to serve his purposes, which were always noble. He had a manner of forcing the opinions of those whose agreement he desired. Not by fluency of speech or cogency of argument. but by the prestidigitator's trick of ostensibly allowing one to draw one card at hap-hazard when in fact a sleight-of-band has effected the substitution of another. This he accom- plished by withholding an expression of his own views and then assuming them to be the opinions of his associates, at the same time approving them with quiet flattery. One who knew him said : "He made many a man, a veritable fool upon some favorite topic, believe himself a real Solo- mon."


But the basis of Sevier's character was laid in sincerity. in truth, and in honor. He was loved because he had a loving heart. The gentle word, the quick sympathy. the open hand, the high purpose, the dauntless courage, the impetuosity, the winning suavity were the wings and the turrets and the battlements of a magnificent and harmoni- ous structure. Energy, ability, and determination can ac- complish many feats, and cunning can sinmilate many ef- fects. But the tender and the true and the loval heart is beyond their power. This may not be counterfeited and its deficiency cannot be supplied. The most beautiful


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trait of Sevier's character was the exquisite sweetness of his disposition. No man was ever more deeply beloved in the circle of his family, and Sevier's was very large. Ile was the boon companion of his boys, some of whom were almost as old as he, for though he was only thirty-five when the battle of King's Mountain was fought, he had two sons present. At home he was the companion of his wife and the playmate of his children. A delightful glimpse of his family life is given in a letter written to him in 1791, by a correspondent who says: " I more sin- cerely wish you an hour's chat with Mrs. Sevier and a romp with one of your little girls than all the honor you could obtain by destroying ten Indian tribes." 1


In 1815 he was appointed by President Monroe to lo- cate the boundary lines of the Creek territory, and died in Alabama on the 24th of September. His grave has been neglected, and is now said to be covered with weeds and wild growth. Various attempts have been made at vari- ous times to induce the General Assembly to have his body brought to Tennessee. But so heedless and so in- different have been the members that as yet no steps have been taken. Some have excused the failure on the score of economy. This excuse is a confession of shame. Those whose minds are so contracted, whose sensibilities are so frigid, whose souls are so torpid that they are not inspired by the glorious passages in the history of their State may find in such a plea of specious parsimony am- ple justification. But it will not fail to excite the ridicule and contempt of Tennesseans who are proud of their past history, and whose imaginations are fired by the contem- plation of the glorious achievements which have made the history of Tennessee more brilliant than the history of any other Southwestern State. Of all whose fame was at- tained within the limits of this State, the most illustrious, the most conspicuous, the one whose name was and de- 1 MSS. in Historical Society Library.


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serves still to be the most resplendent was John Sevier. So long as his bones are allowed to remain among stran- gers, so long as the children of Tennessee are allowed to grow up in ignorance of his noble character, so long as no worthy monument commemorative of his rare genius and his stormy career has been erected to his memory upon the beautiful grounds that surround the capitol of the State, every right-thinking Tennessean should feel that he stands belittled in the eyes of the world and that he de- serves the contemptuous scorn of every mind that can rise above the coupon or the breeches pocket.


At the end of Sevier's last term, Willie Blount was elected and reelected for the constitutional limit of three terms, and if there was any opposition it was not chron- icled. The influence of the Blount name and his friendly relations with all factions probably prevented it. He was on intimate terms with both Sevier and Jackson, and had written the former an urgent letter in the latter's behalf, just before Sevier appointed him judge. He had been private secretary to his brother, and the popularity of the latter, which had not been affected by the impeachment, was in a measure transferred to him. From 1791 to 1796 he had performed most of the duties of the territo- rial secretary, had been offered a judgeship of the supe- rior court, was a licensed lawyer, a trustee of Blount and Cumberland colleges, and in 1807 a member of the Gen- eral Assembly. During his administration occurred the Creek War, and his hearty support of Jackson rendered possible its vigorous prosecution. On his own responsibil- ity he raised 8370,000 at the time of Jackson's greatest urgency, and in return he was thanked by the president, three secretaries of war, and the General Assembly of the State, as well as by Jackson, whose friendship he enjoyed until his death in 1835.


The governorship of the State after the war came to be regarded as a more desirable prize. Blount had gained a


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national, though a transitory, reputation. In 1815 we find five gubernatorial candidates, of whom, with the ex- ception of Foster, little is known beyond a dry catalogue of the offices they held. Jesse Wharton had been ap- pointed senator to succeed George W. Campbell, who be- came secretary of the treasury in Madison's cabinet. A few days before the election in 1815, Wharton resigned his seat in the senate in order to be a candidate for the governorship. He had been among the earliest settlers in Tennessee and had served in Congress and was an able lawyer. It is probable the Sevier party had not forgiven his action during the investigation of 1803. Robert C. Foster eame to the State in 1800, when eighteen years old, and had been several times speaker of the House of Rep- resentatives. Robert Weakley was also one of the earliest pioneers, had been a member of the convention that adopted the federal constitution, was frequently a member of the General Assembly and once of Congress. Thomas Johnson came to Tennessee in 1788, was a member of the convention that adopted the federal constitution, took part in the Nickojack Expedition and the Creek War, was a member of the Constitutional Convention of 1796, and frequently a member of the General Assembly of North Carolina and Tennessee.


The successful candidate in 1815 was Joseph M'Minn. He was a farmer from Pennsylvania, had been in the Revolutionary War, came to Tennessee and settled in Hawkins County, had held several offices, and in 1807 was speaker of the Senate. He had been reared under Quaker influences, and was a man of plain demeanor. had a sound education, avoided display, and was fond of work. He and his wife had often been seen working together in their fields. It is remarkable that he announced his can- didacy just one month before the election, after eirculars had been issued by all the other candidates, in response to a "call," signed "your fellow citizens." It was the


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custom for candidates to issue circulars, announcing their candidacy, emphasizing their devotion to the " Republi- can party," and indulging in vague platitudes upon the functions of government. In the solicitation addressed to M'Minn, by his fellow citizens, this custom is frowned upon. They state their belief that " the modern practice of every office-hunter sticking up his own name as a can- didate to be inconsistent with the genuine principles of Republicanism." When the votes were counted, exclusive of Roane County, M'Minn had 15,600 votes ; Weakley, 7,389 ; Wharton, 7,662 ; Foster, 4,184, and Johnson, 2,987.


M'Minn thus had much less than a popular majority, and encouraged by this, Foster was again a candidate in 1817, but was overwhelmingly defeated. Foster held various minor offices after this and was a man of promi- nence in the State. But he was one of those irreproach- able persons in whom Tennessee is and has been rich, who, by the universal agreement of their fellow citizens, would adorn every high position, but who are never called upon to occupy any. In 1819 M'Minn was opposed by Enoch Parsons, who received a very small vote. M'Minn served three terms.


In 1821 took place the hotly contested struggle between William Carroll and Edward Ward. Robert Weakley came forward at the beginning, but withdrew in June. The conflict of 1803 had derived its vigor from purely personal inspirations. But that of 1821 had an underly- ing significance. It was the hostile clash between two opposing systems, which had slowly grown up until mutual encroachments had rendered inevitable a struggle for the mastery. It was in the nature of a revolution. Priv- ilege had expanded into usurpation, and presumption had then called forth resistance. In 1821 resistance stepped in and curtailed the original cause of contention. This election anticipated the Constitutional Convention of 1834,


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and emphasized the necessity for reforms which took place long after. The constitution of 1796, in spite of Jeffer- son's extravagant assertion to the contrary, was unrepub- lican and unjust in the highest degree. It was framed by land owners, and every large land owner of that day was a land speculator. A monstrous provision was inserted that "all lands shall be taxed equal and uniform in such manner that no one hundred aeres shall be taxed higher than any other, except town lots, which shall not be taxed higher than two hundred acres of land each." The bulk of the most tillable lands, and those nearest Nashville, Knoxville, Jonesboro, and Greeneville, were in the hands of a few men, and this system of taxation enabled them to hold them. It was an entail law in disguise. In ad- dition to this a supreme and despotie power was given the General Assembly, whose members were nearly all drawn from that class which had the leisure to be candidates and the means to be successful. for there were elcetion ex- penses even in those primitive times. All judges, state attorneys, and justices of the peace were elected by the legislature. Those who had the means could readily go to Knoxville, or Nashville, or Murfreesboro, and see to it that justices of the peace acceptable to them were ap- pointed. In turn, these justices of the peace composed the county court, who elected the sheriff, coroner, trus- tee, and constables. The county court had large juris- diction, and could impanel juries and decide cases in ejectment, the most important of all in a community where land is the foundation of nearly all wealth. When we consider now that the judges and the state attorneys and the justices of the peace held office during good be- havior, and until impeached by the General Assembly that appointed them, it is at once apparent that the inost comprehensive ingenuity, exercised with a view of devis- ing a plan by which as little power as possible shall be placed in the hands of the many, and as much as possible


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in the hands of the few, could not suggest any improve- ment in a system whose perfection of organization had left unutilized no expedient consistent with the forms of republican government. It surpassed the Athens of the kings. It put to shame the rotten borough system of England. The whole State was one "Old Sarum."


Ward represented those who favored and profited by this system. Carroll represented those who opposed and those who were oppressed by it. Each possessed attri- butes of character which emphasized and exemplified the conflicting ideas. Ward came from Virginia, where he had been a candidate for Congress, and it was at first whispered and soon openly charged with malicious satis- faction by his enemies that he had been defeated as a Federalist. He had great wealth, and lived in a style of sumptuous extravagance, entirely out of keeping with the simple and homespun life around him. He had received a thorough education and was a man of learning. His bearing was dignified. His manner was restrained. His character was austere and unbending. He was repre- sented to be cold-hearted and selfish. He rarely attended the rough country festivals, where the combined influ- ence of general mirth, pretty eyes, wild dances, and a jug with a corn-eob-stopper broke down utterly all the conventionalities behind which, as behind a hedge, sensitive and formal natures hide themselves. He had been a pres- idential elector, and voted for Monroe, and was speaker of the Senate in 1817.




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