History of Tennessee the making of a state, Part 8

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 8


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



94


HISTORY OF TENNESSEE.


feelings of the deepest apprehension, a continuance of the disorder and conflicts of the last year, welcomed with eager satisfaction a proposition of compromise, by which mens a modus vivendi might be established until the meeting of the next General Assembly. The terms of the compromise had not been formulated, but the senti- ment in favor of a compromise of some sort was so strong that even Sevier, to whom compromise was almost a degra- dation, was forced to yield to the popular clamor. This willingness received a strong impulse from the fact that a more compact form of union among all the States seemed imminent. Evan Shelby, a son of the hero of Kanawha 1 and lately appointed brigadier-general of the militia under North Carolina, was made the arbitrator, upon the sugges- tion of Governor Caswell. He and Sevier, with other and inferior officers, met on the 20th of March, 1787, and drew up articles of compromise. There was to be a ces- sation of all litigations not absolutely essential. The neo- ple were to pay taxes to the officers of either government. The jails of Franklin were also to receive prisoners com- mitted by North Carolina justices, as if committed by Franklin justices. The western counties were to send delegates, with such instructions as they saw fit, to the next General Assembly of North Carolina, and to abide by the decision of that body in the matter of separation. This was signed by both Sevier and Shelby and sent to Governor Caswell. But those who held office under com- missions from the governor of North Carolina were un- willing to recognize the validity of a compromise emanat- ing from no legal tribunal and unsupported by any display of force. Confident of ultimate victory and hoping to reap the rewards of offee, they repudiated the action of Shelby, and collected taxes, issued process, and exercised jurisdiction without regard to the policy of the measure or the dangers which might result from embittered popu-


I The under writers frequently spelled this Kenhawa.


95


AND OF THE STATE OF FRANKLIN.


lar feeling. The Franklin people retaliated in like man- ner, and the very measures which had been expressly designed to allay popular disturbance increased the vehe- mence of feeling and the hostile energy of the antagonists.


After the failure of the compromise became apparent, those in military command, not knowing what to expect, and perhaps not unwilling to reap some renown in so im- portant a crisis, consulted together to devise some means of protecting the country. Tipton, Maxwell, and Hitch- ings, colonels respectively of Washington, Sullivan, and Hawkins, met at the house of Shelby on the 4th of May, 1787. In a kind of memorial addressed to Governor Caswell and written by Shelby himself, but which ignored the articles of compromise, they accuse the Franklin peo- ple of what, in the impeachment of an individual, would be called high crimes and misdemeanors.1 They request that one thousand troops be sent, and suggest that Vir- ginia, whose border counties had been on the verge of a similar secession, would be willing to cooperate with North Carolina.


Governor Caswell's reply to this was conched in a tone of dignified rebulic, and whilst abating in no respect the position of Carolina as insisting on a return to allegiance, he points out the proper measures to be adopted, to avoid the shedding of blood, to bring about an eventual seidie- ment of the difficulty, and to induce the discordant ele- ments to join together against the dreaded and treacherous foc, who along the lower banks of the rivers and in the depths of the forests was plotting a war of extermination . against them. This letter to Shelby, which was a fine rebuke both to his unreasonable fear and to the rhodo- montades of Hitchings,2 was accompanied by an address


1 Shelley's action in this matter is inexplivalde. There is no proof that the Franklin party had violated the terms of the agreement.


" In a letter to Shelby, of April 12. His7, he had said, " Cocke's party are getting very insolent. I expect in a few days I shall be


HISTORY OF TENNESSEE.


to the inhabitants of the four counties. In this he urged them to unite against the common foe, to abide by and maintain the laws of the sovereignty to whom they owed allegiance, and to await with patience the time when they may have so increased in wealth and numbers as to jus- tify a separation. He added these significant words : " It is my opinion that it may be obtained at an earlier day than some imagine, if unanimity prevail among you." This was in reality the coup de grace.


The Franklin, or, as it had now become, the Sevier party, which had been losing the moral support of the more thoughtful population, and with this the strength of cohesion, greeted in this address of Governor Caswell's an opening for retreat. It was published on the 21st of May, 1787. On the 1st of March, 1788, Sevier's term of office as governor of the State of Franklin was to expire. This date may be regarded as the definite ending point of the State of Franklin. It was apparent to all except Sevier that the end was near. But the native energy of his character was stimulated by the bitterness which ex- isted between Tipton and himself. Sevier cast about for some method to restore the failing courage of his friends. The State of Georgia, as early as 1784, had turned wist- ful eyes towards the country beyond the Tennessee River, and especially towards the Great Bend. Various attempts by various States and land companies had been made to take possession of this region but had been frustrated by the Indians. Sevier utilized this desire to form an alli- ance with Georgia, and agreed with that State to unite in first putting down a threatened uprising of the Creeks, and then in occupying the Great Bend of the Tennessee River. He expected this alliance to lend strength and dignity to his commonwealth. The emissary who per- fected these arrangements was Major Elhohn, one of obliged to try their number." Shelby had inclosed this with the memorial to Governor Caswell.


:


:


97


END OF THE STATE OF FRANKLIN.


Pulaski's band, and a man of courage, experience, and address. In the mean time the adherents of North Caro- Jina were growing stronger, and even in Greene County delegates were elected to the North Carolina legislature. The North Carolina county courts in Washington, Sulli- van, Hawkins, and even Greene had practically exclusivo jurisdiction. Sevier's alliance with Georgia put him in a condition to request the mediation of that State. The original States possessed many more attributes of sover- eignty than at present, and this stroke of diplomacy-was not so faneiful as it would now appear. In fact, the elos- ing scenes of the State of Franklin finely illustrate the fertility of Sevier's resources. But all failed. A brilliant campaign against the Indians might restore confidence and unite the people in opposition to the unreasonable tyranny of the parent State. This, too, was frustrated by the action of the federal Congress, which appointed three commissioners, one cach for Georgia, North Car- olina, and South Carolina, to treat with the Indians and to allay hostilities. This was the death-blow to Sc- vier's hopes and to his government. His most intimate friends deserte dhim, and even Campbell accepted the position of judge of the Superior Court of Washington District under North Carolina. Sevier tried to induce Evan Shelby to accept the governorship of Franklin as the one man who could carry the movement successfully forward.1 Shelby declined. Sevier, bearing up against the world in arms, cast abont for some refuge, and there are reasons for believing that at this time he entertained an idea of utilizing the enthusiasm of his troops by a campaign against the Spanish possessions in the valley of the Mississippi, in order to frustrate the negotiations then pending, the prevailing impression being that Jay's project of resigning the navigation of this stream to the Spaniards for a term of years would be accepted by Con- 1 MS. letter of Sevier in Tennessee Historical Society Library.


98


HISTORY OF TENNESSEE.


gress. It was in keeping with the boldness and brilliant decisiveness of his character to regard as neither chi- merical nor audacious an enterprise so full of danger, and so wide-reaching in its results. In a letter written about this time, he says: "Take my word for it, we shall be speedily in possession of New Orleans." Emanating from this, a report gained currency at the national capi- tal that Sevier designed a withdrawal from the bands of the Federal Union in order to establish a new empire in the Southwest. An investigation was ordered but nothing treasonable was discovered. It is a matter of conjecture, but perhaps the ignis fatuus which lured the unstable and splendid ambition of Burr to a sad and untimely end may also have danced for the first time, even though fleet- ingly, before the eyes of the great Tennessean.


The last session of the legislature of Franklin was held in September, 1787. Several acts were passed, one for taking possession of the bend of the Tennessee, one open- ing a land office and directing the officers to receive peltry instead of money. The most important was one authoriz- ing the election of two representatives to attend the legis- lature of North Carolina and make proper representations.


Members were elected in all the counties to the North Carolina legislature. Greene County sent David Camp- bell and Daniel Kennedy ; Washington County sent John Tipton, James Stuart, and Jolin Blair ; Hawkins County sent Nathaniel Henderson and William Marshall ; Sulli- van sent Joseph Martin, John Scott, and George Max- well. There was one county which sent James Robertson and Robert Hays, but whose formation has not yet been described. This was Davidson County. The assembly of North Carolina, to which the above-mentioned delegates were elected, passed acts of pardon and oblivion. directed all suits under the revenue laws to be dismissed, and granted an extension of time for the assessment of prop- erty. Sevier was left a solitary figure upon the dismem-


99


END OF THE STATE OF FRANKLIN.


bered wreck of the ship of his State. His friends ad- vised him to yield. He hesitated. His pride was strong in him, and the pangs of defeat were increased tenfold by the exultation of his implacable enemy. At one time he besieged the house of Tipton. There is no reason to believe he intended personal violence. He probably wished to subject him to the humiliation of imprison- ment at the very moment of his success. But a worthier impulse restrained him. A show of resistance by Tipton, threatening the loss of life, forced him to retire. Sevier was still reluctant to yield. Having been ordered to lay down his arms, he set off on an expedition against the Cherokee Indians which occupied several months. Upon his return Governor Johnston ordered Judge Campbell to arrest him on a charge of high treason. Campbell fail- ing to comply, a North Carolina judge issued the warrant. Sevier did not conceal himself. At first no attempt was made to arrest him. He happened to be in Jonesboro during the presence of General Martin. Tipton heard of his whereabouts, collected a small guard, and arrested him next morning at the house of a friend, where he had spent the night. Tipton, with a pistol in his hand, repeatedly threatened to shoot him, had him handcuffed and placed in prison. Sevier was sent under guard to Morganton, North Carolina, to be tried. On the way he attempted to escape and was fired upon by one of the guards. It was often said that this man had received orders from Tipton to kill Sevier during the journey, but no proof was ever pro- duced to substantiate the charge, beyond the assertions of Sevier's friends that another of the guards informed Sevier of the fact. The rescue of Sevier in the midst of his trial by a party of his friends was one of the romantic episodes of border life. A thorough-bred horse owned by Sevier was held in front of the court-house, whilst Nathan- iel Evans and James Cozby went inside. Seeing these two, Sevier realized the situation. Cozby stepped in front


--


100


HISTORY OF TENNESSEE.


of the judge, and in a loud voice asked if he was done with that man, pointing towards Sevier. In the midst of the confusion produced by this unexpected interlude, Sevier made a dash for the door, sprang upon his horse, and was soon far up the mountain road, where he was joined by a party of friends. This was the end of all attempts to bring him to trial, which in faet never had any motive power beyond that supplied by Tipton's hatred. Sevier returned to his old home, and, despite a law which deprived him of the privilege of holding office under North Caro- lina, was elected to the senate of North Carolina from Greene County. Upon his arrival at Fayetteville, an aet was immediately passed removing his disabilities in spite of the efforts of Tipton, who was present as a member from Washington, and who opposed its passage with all the relentless and narrow-minded fierceness of his nature. In the course of the debate, Amy, the member from Haw- kins County, angered Tipton by alluding to the ill-feeling existing between Sevier and himself. A challenge was the result, but a duel was prevented by the interposition of friends. Roddy, a member from Greene County, rep- rimanded Amy for his hasty language, and alluding to Tipton's irascible disposition, suggested to Amy that he should pursue a course that would " soothe him." The day following, Roddy was selected to conduct the debate. During the discussion, Roddy unwittingly made some remark that rendered Tipton almost frenzied. He sprang towards Roddy like a panther, and seized him by the throat. During the confusion which ensued, Amy ex- cited a roar of laughter by yelling to Roddy across the hall, "Soothe him, colonel, soothe him."


Sevier was immediately appointed brigadier-general of the western counties over Tipton's head. These counties were organized as a congressional district, and the year following Sevier was elected without opposition to repre- sent in Congress the very district in which he had been


1 1


4


101


END OF THE STATE OF FRANKLIN.


arrested for treason. Tipton gave up the contest against his irrepressible enemy. He had neglected no weapon of attack, and he had been foiled in the use of all. He had had a fieri facias issued against Sevier's property. He had tried to capture him with the avowed intention of hang- ing him. He had the eredit of hiring an assassin to kill him while on his way to North Carolina for trial. He had fought against his readmission to the privileges of North Carolina citizenship. But in all things he failed. From now on Sevier steps forward into the fuller life, the clearer light of state history, and his figure grows larger and in a sense more resplendent as he advances. Tipton, on the contrary, recedes. He holds office, but nothing more. Years afterwards we still find him giving vent to his implacable hatred in the proceedings against Sevier for speculating in fraudulent land warrants.


From what standpoint soever we regard the Franklin movement, the sympathies of the Tennessean verge to- wards Sevier's party as naturally as the sympathies of the American verge towards the ultimately unsuccessful Puri- tan movement in England. After all is said, Sevier was for Tennessee, and that which was treason to North Caro- lina was recognized and honored as patriotism towards Tennessee, when finally the State was formed. Tipton was never forgiven for his position in the struggle. Sevier was the first governor of the State of Tennessee, as much because he had been governor of Franklin as because he was worthy the honor.


One effect of the dissolution of the Franklin govern- ment was to leave the region of Tennessee which had been erected into Sevier County without any form of gov- ernment. Sevier County was that part of the Indian hunting-ground which had been reserved for the Indians by the act of Carolina of 1783, and which the State of Franklin had obtained by the Dumplin Treaty. With its usual negligence and indifference, North Carolina took no


THE


102


HISTORY OF TENNESSEE.


steps towards any assumption of sovereignty over the country, not recognizing as valid the Franklin Treaty, and not regarding it as a matter of any importance. Thrown upon their own resources as the Watauga people had for- merly been, like them the Sevier County people made pro- vision for securing to themselves the inalienable rights of life, liberty, and the pursuit of happiness. The basis of their self-government was the company. Each company elected two delegates to a general committee who regulated the affairs of the settlement according to the laws of North Carolina. One of the articles of the association was, " United application shall be made to the next session of the Assembly of North Carolina to receive us into their protection and to bestow upon us the blessings of govern- ment." The similarity of surroundings and the coinci- dence which exists between what we know of the articles of association of both the Watauga and the Sevier County communities leaves little doubt that the latter, which have been preserved, were a close copy of the former. But the Watauga people, through Sevier's assistance, had gained admission to the government of North Carolina. The Sevier people failed, and were compelled to rely upon themselves until 1794, when they became a county of the Territory.


Viewed from the standpoint of that day, the attempt to form the State of Franklin was perhaps one of the most important movements in the early history of the United States, and at one time it was feared that the contagion of the example would spread and involve the country in end- less turmoil and perhaps destruction. Properly to appre- ciate its importance, it must be borne in mind that Spain held the Lower Mississippi Valley, that her emissaries were scattered all through the Indian villages. that her trading posts were on the banks of every important river which emptied into the Mississippi, that she claimed the exclusive navigation of what might be called the very


103


END OF THE STATE OF FRANKLIN.


artery of American commerce, that her agents were un- serupulous, and as a rule able, and that the minds of her statesmen were still filled with dreams of a splendid empire in the beautiful and exuberant valley which re- ceives as in a basin the fertilizing streams which are fed by the waters that fail to reach the Pacific on one side, and the Atlantic on the other. All hopes of realizing this dream as against those who spoke the tongue of England having disappeared, the possibility arose in its stead of making common cause with those not satisfied with the newly won independence, and uniting under the flag of Spain the thinly settled and rapidly growing settlements of the Southwest. The attempt to form the State of Franklin was one expression of the prevailing discontent with the existing order of things. But there is not one scintilla of evidence for the belief that it ever verged towards Spain. The implication of Blount, the territorial governor of the State, in no wise implicated the people of Tennessee. We have seen that Sevier was suspected of going to the opposite extreme. The general government at this time was weak and impotent, unable to control those who acknowledged its authority, and without any means of enforcing respect from those who defied it. If Burr had made his attempt then, it is possible that his dream of a Southwestern empire would have been in some shape realized. Such a movement after the formation, or rather after the reorganization of the United States scarcely excited a passing comment. But under the Con- tinental Congress it was viewed with feelings of the deep- est concern by all interested in even the remotest degree.


The people of western Virginia, fired by the example of their near neighbors, with whom they felt a community of interests, oppressed by three years' unpaid taxes which they hoped to evade by secession, and urged, no doubt, by the prospects of a great State of which they would be the greatest part, began an agitation of the question of se-


1


i


.


10-4


HISTORY OF TENNESSEF.


cession from the parent State and a union with the new State of Franklin. Arthur Campbell, who had already figured conspicuously in the war for independence and in the invasion of the Indian country, proposed a form of government based on that of Virginia and North Caro- lina, with every prospect of seeing this object attained. Patrick Henry, who was at that time governor of Vir- ginia, was alarmed by the extent of the disaffection, and at once removed from office those who favored the move- ment. The agitation went so far as to cause a memorial to be addressed to Congress, requesting the formation of a new State. The limits of the new State, as outlined by Arthur Campbell, were to embrace, in general terms, the western counties of Virginia, a part of Kentucky, Ten- nessee, Georgia, Alabama, and the northern part of Mis- sissippi. This plan, however, never attracted serious sym- pathy, and fell to the ground when the State of Franklin was at the height of its prosperity. This idea has never died. In the debates at Nashville, immediately preced- ing the war, the proposition was frequently made that East Tennessee should be allowed to remain in the Union as a separate State. One member proposed to call the projected State, Franklin.


1


CHAPTER XIII.


FIRST SETTLEMENTS ON THE CUMBERLAND.


DURING the interval which had elapsed from the time when the first cabin was built upon the Watauga to the events narrated in the last chapter, in another part of the State and under circumstances of equal difficulties and dangers, another settlement had been formed and had, after years of a gloomy and bloody probation, finally grown strong and prosperous. The early history of East Tennessee is essentially the early history of Middle Ten- nessee. In each the beginnings were the same. In each we have the same details of Indian butchery, desultory warfare, and savage incursions. The Watauga articles of association find almost an exact parallel in the articles of agreement or compact of government on the Cum- berland. In some instances the same persons figured in both- Robertson, Lucas, Tatum, and Isbell. In both we find the same self-reliance, the same niggardly neglect on the part of the parent State. In one particular alone is there a decided difference. The Watauga people, liv- ing almost in the shadow of the great range of mountains which separated their country from North Carolina, had but to ascend its sides in order to look down into the val- leys and across the plains of the older State. But the Cumberland settlement was more than six hundred miles distant from the seat of government. Its forts were built upon the banks of a stream, the waters of which even- tually swept past the city whose possession made the Spanish claim to the exclusive navigation of the Missis-


1


;


106


HISTORY OF TENNESSEE.


sippi a tangible reality and an ever-present threat. Natchez and New Orleans, both in the hands of vindic- tive enemies, aliens in laws, religion, and language, were the natural markets of those who dwelt upon the Cum- berland as well as those who dwelt upon the Illinois and the Wabash. The Spaniards appreciated their advan- tages, and'they made such use of them as the short-sighted mind and the narrow forehead ever make of the accidents of fortune. This brought the Cumberland settlement in direct contact with the complications of international politics, and its growth was materially influenced by the diplomatic struggles of Europe and America. At first, too small to be of measurable importance in the scale of negotiations, it soon grew into recognition as the centre of disturbance, and became successively the object of Span- ish malignancy and the cause of Spanish obsequiousness. The unrelenting ferocity of Indian vindictiveness was in- stigated by the agents of Mero and Carondelet, and the weapons of war were supplied from St. Augustine and New Orleans. Having sustained the integrity of its foundation, and grown beyond the power of savage war- fare to destroy, the settlement was now approached with offers of gifts, and with fair words. The shallow brain, which had failed with force, now learned a lesson of Asop, and attempted to accomplish by gentleness what it had failed to accomplish by harsher means. But through it all, against the cunning of the savage, against his fero- city and his onslaught, against all the weapons of his war- fare, and not less against the bloodthirsty cruelty of the Spaniard, and in the midst of the tissues of his diplo- macy and specious bribery, one mind had guided the des- tiny of the people of Middle Tennessee, and had proved himself superior to all attacks and above all the vicissi- tudes of fortune. The region of country now known as Middle Tennessee formed a part of Charles II.'s grant, and apart from the boundary lines of Indian treaties has




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.