The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the., Part 13

Author: Ramsey, J. G. M. (James Gettys McGready), 1797-1884
Publication date: 1853
Publisher: Charleston : J. Russell
Number of Pages: 776


USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 13


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The Congress at Newbern approved of what had been done by their delegates at Philadelphia, and, in evidence of their continued confidence, re-appointed them delegates to the second Continental Congress. They also approved the Association entered into by that body, and firmly pledged themselves to adhere to its provisions, and to recommend its adoption to their constituents.


All this had transpired in North-Carolina before the battle at Lexington had been fought. The intelligence of that occurrence produced the most decisive effect. It not only stimulated resistance to arbitrary power, but precipitated a severance from the British government. Meetings were held throughout the province, in which the great whig prin- ciples of the day were asserted, and a cordial sympathy


* Jones.


L


128


MECKLENBURG DECLARES INDEPENDENCE.


with the distresses of the people of Massachusetts was ex- pressed. Hooper had said, "that the colonies were fast striding to independence," and Mecklenburg county was the first to sustain his declaration. In that county a Convention was called, which met on the 19th of May, 1775, at Char- lotte. Abraham Alexander was chosen Chairman, and John McKnitt Alexander, Secretary. After a free and full dis- cussion of the various objects of the meeting, which contin- ued in session till 2 o'clock, A. M., on the 20th, "It was unanimously


" I. Resolved, That whosoever, directly or indirectly, abetted, or in any way, form or manner, countenanced the unchartered and dangerous invasion of our rights as claimed by Great Britain, is an enemy to this country, to America, and to the inherent and inalienable rights of man. " II. Resolved, That we, the citizens of Mecklenburg county, do hereby dissolve the political bands which have connected us to the mother country, and hereby absolve ourselves from all allegiance to the British Crown, and abjure all political connection, contract or association, with that nation, who have wantonly trampled on our rights and liberties, and inhumanly shed the blood of American patriots at Lexington.


" III. Resolved, That we do hereby declare ourselves a free and inde- pendent people, are, and of right ought to be, a sovereign and self governing association, under the control of no power other than that of our God and the general government of the Congress ; to the maintenance of which independence, we solemnly pledge to each other our mutual co- operation, our lives, our fortunes, and our most sacred honour.


" IV. Resolved, That as we now acknowledge the existence and con- trol of no law or legal officer, civil or military, within this county, we do hereby ordain and adopt, as a rule of life, all, each, and every of our former laws-wherein, nevertheless, the Crown of Great Britain never can be considered as holding rights, privileges, immunities or authority therein."


Other resolutions were adopted, making provision for the new condition of things. A copy of the proceedings of the Convention was sent by express to the North-Carolina mem- bers of Congress, then in session in Philadelphia. These delegates approving of the spirit of their fellow-citizens and the elevated tone of the resolutions, thought them, neverthe- less, premature, as the Continental Congress had not yet abandoned all hopes of reconciliation, upon honourable terms, with the mother country. The Declaration of Independence was not, therefore, presented to nor acted upon by that body. A copy was also addressed to the Provincial Con-


129


DOCTOR EPHRAIM BREVARD.


gress in August, but, for similar reasons, was not particu- larly acted upon.


But the proceedings being published in the "Cape Fear Mercury," at Wilmington, and thus meeting the eye of Go- vernor Martin, called forth another proclamation, in which he thus notices the Charlotte resolutions : "And whereas I have also seen a most infamous publication, in the 'Cape Fear Mercury,' importing to be Resolves of a set of people styling themselves a Committee of the County of Mecklenburg, most traitorously declaring the entire dissolution of the laws, government and constitution of the country, and setting up a system of rule' and regulation repugnant to the laws, and subversive of his majesty's government, &c."


Doctor Brevard is the reputed author of the Mecklenburg Resolutions. The names of the delegates, and of the master, spirits and patriots of the country through whose influence and popularity the resolutions were adopted, are Hezekiah Alexander, Adam Alexander, Charles Alexander, Ezra Alex- ander, Waightstill Avery, Ephraim Brevard, Hezekiah Jones Balch, Richard Barry, Henry Downs, John Davidson, Wil- liam Davidson, John Flenniken, John Ford, William Graham, James Harris, Richard Harris, Senr., Robert Irwin, William Kennon, Neill Morrison, Matthew McClure, Samuel Martin, Thomas Polk, John Phifer, Ezekiel Polk, Benjamin Patton, Duncan Ocheltree, John Queary, David Reese, William Will- son, and Zacheus Willson, Senr .*


At this time hope was entertained of a reconciliation with England, and the thought of independence had been con- ceived by few. Even Mr. Jefferson, in a letter to Dr. William Small, under date of May 7, 1775, said : " When I saw Lord Chatham's bill, I entertained high hope that a reconcilia- tion could have been brought about. The difference be- tween his terms and those offered by our Congress, might have been accommodated, &c."t


A month after the Charlotte Convention, the people of Cumberland county entered into an association. They say : " Holding ourselves bound by that most sacred of all obliga-


. State Pamphlet, pp. 11 and 16. Raleigh: 1881.


"+ See American Archives, vol. ii, p. 528.


9


180


A WHIG CONGRESS CONTROLS NORTH-CAROLINA,


tions, the duty of good citizens towards an injured country, and thoroughly convinced that, under our distressed circum- stances, we shall be justified in resisting force by force, do unite ourselves under every tie of religion and honour, and associate as a band in her defence against every foe, hereby solemnly engaging, that, whenever our Continental or Pro- vincial Councils shall decree it necessary, we will go forth, and be ready to sacrifice our lives and our fortunes to secure her freedom and safety. This obligation to continue in force until a reconciliation shall take place between Great Britain and America upon constitutional principles-an event we most ardently desire." Mecklenburg still stood alone in the · bold position she had assumed of absolute independence.


A similar association was also entered into by the people of Tryon county, on the 14th August, but, like the preco- ding, was limited by the "reconciliation to take place upon constitutional principles."


On the 20th of August the Provincial Congress assembled at Hillsborough. The royal governor had fled from his pal- ace, and taken refuge on board his majesty's ship Cruiser, in Cape Fear River, from which he issued his proclamation, vainly hoping by these harmless missiles to intimidate the patriot freemen of North-Carolina. The Provincial Assem- bly had been prorogued-dissolved, rather-no vestige of the royal government was left, and a Whig Congress had as- sumed the control of North-Carolina. Still professing alle- giance to the king, it denied his authority to impose taxes ; and its members took an oath to support the Whig authori- ties of the Continental and Provincial Congress. They de- clared, unanimously, that North-Carolina would pay her due proportion of the expense of raising a Continental army, and appointed a committee to prepare a plan for regulating the internal peace, order and safety of the province. "This . was the most important committee ever yet appointed by popular authority, and it achieved one of the most difficult and trying ends of the Revolution. It substituted a regular gov- ernment, resting entirely on popular authority, for that of the royal government, and annihilated every vestige of the power of Josiah Martin. Nothing but the idle and vain


intry, cum- e, do and reby Pro- rtb. sure irce ain we the Dle


-


AND RECOMMENDS INDEPENDENOR.


theory of allegiance to the throne was left to remin people of the recent origin of their power."*


The Provincial Congress of North-Carolina met again,.


§ 4, 1776. The following extract from its Journal, s' - 1776 " that the first legislative recommendation of a d ration of independence by the Continental Congress, nated, likewise, in North-Carolina. It is worthy of rer that John McKnitt Alexander, the Secretary of the Chal Convention, Thomas Polk, Waightstill Avery, John F and Robert Irwin, who were conspicuous actors in the ceedings in Mecklenburg, were active and influential 1 bers of this Provincial Congress from that county.t


" Resolved, That the delegates for this colony in the Continenta gress, be empowered to concur with the delegates of the other oc in declaring independency and forming foreign alliances, reserving 1 colony the sole and exclusive right of forming a constitution and la this colony, and of appointing delegates from time to time, (under 1 rection of a general representation thereof.) to meet the delegates other colonies, for such purposes as shall be hereafter pointed out. "The Congress taking the same into consideration, unanimous] curred therewith."


This resolution, thus unanimously adopted by the Con at Halifax, was presented by the delegates of North-Car to the Continental Congress, May, 27, 1776-nearly six v before the national declaration of July 4th was made.


Before the Congress which thus recommended independ was debated the project of a civil constitution for North- lina. The idea of a constitution seemed to follow that dependence ; and, accordingly, on the thirteenth a comn was appointed to prepare a temporary civil form of gc ment. The subject, after discussion, was postponed t next Congress.}


An ordinance was also passed, " empowering the gov to issue a proclamation requiring all persons who ha any time, by taking arms against the liberty of Am adhering to, comforting or abetting the enemies there by words disrespectful or tending to prejudice the ind dence of the United States of America, or of this sti


* Joncs. + Idem. # Idem.


[


182


CURRENCY OF NORTH-CAROLINA.


particular, to come in before a certain day therein mentioned, and take an oath of allegiance and make submission, on pain of being considered as enemies and treated accordingly."


Also an ordinance "for supplying the public treasury with money for the exigencies of this state, and for the sup- port of that part of the continental army stationed therein." The form of two of the Treasury Bills is here given.


Nº6047 EIGHT DOLLARS 3 By Authority of Congress at Halifax April 2 176


EIGHT. DOLLARS


Maywood Molim ultian


A. DOLLAR.


WITH


Kit ar mit


NCarolina Currency Nº9739HALF A DOLLAR By Authority of Con. gregs at Halifax Ap.1776 "Williams Maywood


These issues of the North-Carolina Treasury for expenses incurred by her patriotic militia in the cause of indepen- dence, are still found in great abundance in the scrutoires and chests of the old families and their descendants in Tennessee:


183


WATAUGA ASSOCIATION.


valueless now, but still proud remembrancers of past sacri- fices and toils. Of this money, it has been well said, it vin- dicated our liberties, but fell in the moment of victory.


The device of the volunteer levelling his rifle and the motto chosen for him, are peculiarly appropriate. "Hit or miss" is a homely but significant phrase, and is expressive of the noble sentiment of the patriot Adams, uttered about the same period :- "Sink or swim, live or die, survive or perish."


Other ordinances for putting the machinery of the new state into successful motion being passed, the Congress of Halifax adjourned.


We have chosen thus to throw together, in a connected view, the action and sentiment of the several colonies at the dawn of the Revolution, and to give in more detail, and with a less rapid recital, the early participation of our mother state, North-Carolina, in the cause of liberty and of freedom, and in the Declaration of Independence. It is no ordinary achievement thus to have laid the foundation of free and independent government. Every review of these illustrious events increases our admiration of that enlightened love of freedom, that noble spirit of independence, and that self- sacrificing and lofty patriotism, which glowed in the bosoms, animated the councils and nerved the hearts of those who, for the inestimable privileges we enjoy, pledged their mutual co-operation, their lives, fortunes and most sacred honour.


Returning to the chronological order of events from which we have slightly departed, we find the small community on Watauga still living under the simple government of their i own appointment, consisting of five commissioners elected by themselves. Before this tribunal all private controver- sies were settled. Its sessions were held at stated and regu- lar periods, and as its business increased with the constant enlargement of the settlement, a clerk was found necessary. Felix Walker, Thomas Gomley, William Tatham and John - . See State Pamphlet, published by North-Carolina, page 6 : Pitkin, Force's Collections ; State Papers ; Jones, Foote, Wheeler and Martin's North-Carolina ; which have all been referred to and consulted.


184


PETITION FROM WASHINGTON DISTRICT,


X


Sevier, all served in that office ;* Lewis Bowyer was the attorney. A sheriff was also appointed, but who he was is not now known. The laws of Virginia were taken as the standard of decision. Of this court, of its decisions and pro- ceedings, little or nothing is certainly known. The records are, probably, all lost. No research of the writer has been successful in discovering them ; he has examined in vain the several offices in Tenneseee, and also the state archives at Richmond and Raleigh. At the latter place, by the courtesy of Gov. Reed, the present Executive of North-Carolina, he was allowed free access to the public papers of that state. No trace of the records of Watauga Court was to be found ; but his pains-taking search was richly compensated by the discovery, in an old bundle of papers, lying in an upper shelf, almost out of reach, and probably not seen before for seventy-five years, of a petition and remonstrance from Wa- tauga settlement, praying, among other things, to be an- nered, whether as a county, district or other division, to North-Carolina. The document appears to be in the hand- writing of one of the signers, John Sevier, and is probably his own production. The name of the chairman, John Carter, is written by a palsied hand. It is remarkable that about sixty years afterwards, his grandson, the late Hon. W. B. Carter, from exactly the same Watauga locality, was president of the convention that formed the present consti- tution of Tennessee. The others are all names since, and at the present time, familiar to Tennesseans.


1


This document is, throughout, replete with interest ; is full of our earliest history ; breathes the warmest patriotism, and is inspired with the spirit of justice and of liberty. No apology is needed for presenting it entire in these pages :t


" To the Hon. the Provincial Council of North-Carolina :


"The humble petition of the inhabitants of Washington District, including the River Wataugah, Nonachuckie, &c.,


" Mr. Walker was a member of Congress from the Buncombe District, N. C., in 1821.


t The petition is copied literatim et verbatim.


135


RECITING THE ACTS OF THE WATAUGA ASSOCIATION.


in committee assembled, Humbly Sheweth, that about six years ago, Col. Donelson, (in behalf of the Colony of Virginia,) held a Treaty with the Cherokee Indians, in order to pur- chase the lands of the Western Frontiers; in consequence of which Treaty, many of your petitioners settled on the lands of the Wataugah, &c., expecting to be within the Virginia line, and consequently hold their lands by their improvements as first settlers ; but to their great disappointment, when the line was run they were (contrary to their expectation) left out ; finding themselves thus disappointed, and being too in- conveniently situated to remove back, and feeling an un- willingness to loose the labour bestowed on their planta- tions, they applied to the Cherokee Indians, and leased the land for the term of ten years, before the expiration of which term, it appeared that many persons of distinction were ac- tually making purchases forever ; thus yielding a precedent, (supposing many of them, who were gentlemen of the law, to be better judges of the constitution than we were,) and considering the bad consequences it must be attended with, should the reversion be purchased out of our hands, we next proceeded to make a purchase of the lands, reserving those in our possession in sufficient tracts for our own use, and resolving to dispose of the remainder for the good of the community. This purchase was made and the lands acknowledged to us and our heirs forever, in an open treaty, in Wataugah Old Fields ; a deed being obtained from the chiefs of the said Cherokee nation, for themselves and their whole nation, conveying a fee simple right to the said lands, · to us and our heirs forever, which deed was for and in con- sideration of the sum of two thousand pounds sterling, (paid to them in goods,) for which consideration they acknowledged themselves fully satisfied, contented and paid; and agreed, for themselves, their whole nation, their heirs, &c., forever to resign, warrant and defend the said lands to us, and our heirs, &c., against themselves, their heirs, &c.


" The purchase was no sooner made, than we were alarmed by the reports of the present unhappy differences between Great Britain and America, on which report, (taking the now united colonies for our guide,) we proceeded to choose


186


PETITION OF. WATAUGA PEOPLE


a committee, which was done unanimously by consent of the people. This committee (willing to become a party in the present unhappy contest) resolved, (which is now on our records,) to adhere strictly to the rules and orders of the Continental Congress, and in open committee acknowledged themselves indebted to the united colonies their full pro- portion of the Continental expense.


"Finding ourselves on the Frontiers, and being apprehen- sive that, for the want of a proper legislature, we might be- come a shelter for such as endeavoured to defraud their creditors ; considering also the necessity of recording Deeds, Wills, and doing other public business ; we, by consent of the people, formed a court for the purposes above mentioned, taking (by desire of our constituents) the Virginia laws for our guide, so near as the situation of affairs would admit; this was intended for ourselves, and was done by the consent of every individual; but wherever we had to deal with peo- ple out of our district, we have ruled them to bail, to abide by our determinations, (which was, in fact, leaving the mat- ter to reference,) otherways we dismissed their suit, lest we should in any way intrude on the legislature of the colonies. In short, we have endeavoured so strictly to do justice, that we have admitted common proof against ourselves, on ac- counts, &c., from the colonies, without pretending a right to require the Colony Seal.


" We therefore trust we shall be considered as we deserve, and not as we have (no doubt) been many times represented, as a lawless mob. It is for this very reason we can assure you that we petition ; we now again repeat it, that it is for want of proper authority to try and punish felons, we can only mention to you murderers, horse-thieves and robbers, and are sorry to say that some of them have escaped us for want of proper authority. We trust, however, this will not long be the case; and we again and again repeat it, that it is for this reason we petition to this Honourable Assembly.


" Above we have given you an extract of our proceedings, since our settling on Wataugah, Nonachuckie, &c., in regard to our civil affairs. We haveshown you the causes of our first settling and the disappointments we have met with, the rea-


187


TO BE ANNEXED TO NORTH-CAROLINA.


son of our lease and of our purchase, the manner in which we purchased, and how we hold of the Indians in fee simple ; the causes of our forming a committee, and the legality of its election ; the same of our Court and proceedings, and our reasons for petitioning in regard to our legislature.


" We will now proceed to give you some account of our military establishments, which were chosen agreeable to the rules established by convention, and officers appointed by the committee. This being done, we thought it proper to raise a company on the District service, as our proportion, to act in the common cause on the sea shore. A company of fine riflemen were accordingly enlisted, and put under Capt. James Robert- son, and were actually embodied, when we received sundry letters and depositions, (copies of which we now enclose you,) you will then readily judge that there was occasion for them in another place, where we daily expected an attack. We therefore thought proper to station them on our Frontiers, in defence of the common cause, at the expense and risque of our own private fortunes, till farther public orders, which we flatter ourselves will give no offence. We have enclosed you sundry proceedings at the station where our men now re- main.


" We shall now submit the whole to your candid and impar- tial judgment. We pray your mature aud deliberate con- sideration in our behalf, that you may annex us to your Province, (whether as county, district, or other division,) in such manner as may enable us to share in the glorious cause of Liberty ; enforce our laws under authority, and in every respect become the best members of society ; and for our- selves and constituents we hope, we may venture to assure you, that we shall adhere strictly to your determinations, and that nothing will be lacking or any thing neglected, that may add weight (in the civil or military establishments) to the glorious cause in which we are now struggling, or contribute to the welfare of our own or ages yet to come.


"That you may strictly examine every part of this our Peti- tion, and delay no time in annexing us to your Province, in such a manner as your wisdom shall direct, is the hearty


188


FIRST INHABITANTS OF WATAUGA.


prayer of those who, for themselves and constituents, as in duty bound, shall ever pray.


John Carter, Chn. John Sevier, John Jones,


Charles Roberdson, Jas. Smith, George Rusel,


James Robertson,


Jacob Brown, Jacob Womack,


Zach. Isbell, Wm. Been, Robert Lucas.


The above signers are the Members in Committee assembled.


Jacob Womack,


John Brown,


Adam Sherrell,


Joseph Dunham,


Jos. Brown,


Samuel Sherrell, junr.


Rice Durroon,


Job Bumper,


Samuel Sherrell, senr.


Edward Hopson,


Isaac Wilson,


Ossa Rose,


Lew. Bowyer, D. Atty, Richard Norton,


Joseph Buller,


George Hutson,


Jos. Grimes,


Andw. Greer,


his


Valentine Sevier,


Christopher Cunning- ham, sen.,


Joab bo Mitchell, mark.


Robert Sevier,


Joud. Bostin, sen.,


Gideon Morris,


Drury Goodan,


Henry Bates, jun.,


Shadrack Morris,


Richard Fletcher,


Will'm Dod,


William Crocket,


Ellexander Greear,


Groves Morris,


Thos. Dedmon,


Jos. Greear,


Wm. Bates,


David Hickey,


Andrew Greear, jun.,


Rob't Mosely,


Mark Mitchell,


Teeler Nave,


Ge. Hartt,


Hugh Blair,


Lewis Jones,


Isaac Wilson,


Elias Pebeer,


John I. Cox,


Jno. Waddell,


Jos. Brown,


John Cox, jr.,


Jarret Williams,


John Neave,


Abraham Cox,


Oldham Hightower, Abednago Hix,


Jas. Easeley,


Wm. Reeves,


Ambrose Hodge,


David Hughes,


Dan'l Morris,


Landon Carter,


Joseph Calvit,


Wm. Cox,


John McCormick,


Joshua Houghton,


James Easley,


David Crocket,


John Chukinbeard,


John Haile,


Eaw'd Cox,


James Cooper, William Brokees,


William Clark, his


Henry Siler, John King,


John M Dunham, mark.


John Moore,


John Davis,


Wm. Overall,


William Newberry,


John Barley."


Matt. Hawkins,


Tho. Houghton,


Charles McCartney,


Christopher Cunning- ham,


Jos. Luske,


Frederick Vaughn, Jos. McCartney, Mark Robertson,


Elijah Robertson,


Tho's Hughes,


William Roberson, Julius Robertson,


Frederick Calvit, Michael Hider,


John Robinson,


Emanuel Shote,


Henry Bates, jun.,


Thomas Simpson,


Joshua Barten, sen.,


Jonathan Tipton,


WM. TATHAM, Clerk, P. T.


This document is without date. The original, now in the state archives at Raleigh, has endorsed upon it, " Received August 22, 1776." It had been probably drawn up in the early part of that year. Nothing has been found after the


WATAUGA SENDE DELEGATES TO PROVINCIAL CONGRESS. 139


most careful examination, to show what action was taken by the Provincial Council in reference to the petition. It is probable, however, that in the exercise of its now omnipotent and unrestricted authority, the Council advised the settlers to send forward their representatives to the Provincial Congress at Halifax, as it is known they did as delegates from " Wash- ington District, Watauga Settlement." The name Washing- ton District, being in the petition Itself, must have been assumed by the people petitioning, and was probably sug- gested by John Sevier, who, during his residence at Wil- liamsburg, had doubtless known Col. George Washington, now the commander-in-chief of the American army. It is not known to this writer that the authorities or people of any other province had previously honoured Washington by giving his name to one of its towns or districts-a district, too, of such magnificent dimensions, extending from the Al- leghany Mountains to the Mississippi. A most suitable tribute of respect to the exalted character and enlarged pa- triotism of the Father of his Country! The pioneers of Tennessee were, probably, the first thus to honour Wash- ington.




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