USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 28
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289
REPORT OF COMMITTEE.
among us, but draw it from many individuals living in other states, who claim large quantities of lands that would lie in the bounds of the new state. Add to the foregoing reasons, the many schemes as a body, we could execute to draw it among us, and the sums which many travel- lers out of curiosity, and men in public business, would expend among us. But all these advantages, acquired and accidental, together with many more that might be mentioned, whilst we are connected with the old counties, may not only be nearly useless to us, but many of them prove injurious ; and this will always be the case during a connexion with them, because they are the most numerous, and consequently will always be able to make us subservient to them ; that our interest must be generally neglected, and sometimes sacrificed, to promote theirs, as was instanced in a late taxation act, in which, notwithstanding our local situation and improvement being so evidently inferior, that it is unjust to tax our lands equally, yet they have expressly done it; and our landa, at the same time, not of one fourth of the same value. And to make it still more apparent that we should associate the whole councils of the state, the Continental Congress, by their resolves, invite us to it. The assembly of North-Carolina by their late cession bill, opened the door, and by their prudent measures invite to it; and as a closing reason to induce to a speedy association, our late convention chosen to consider public affairs, and concert measures, as appears from their resolves, have unanimously agreed that we should do it, by signing the following ar- ticles :
"First. That we agree to entrust the consideration of public affairs, and the prescribing rules necessary to a convention, to be chosen by each company as follows :- That if any company should not exceed thirty, there be one representative ; and where it contains fifty, there be two; and so in proportion, as near as may be, and that their regulations be reviewed by the association.
'Secondly. As the welfare of our common country depends much on the friendly disposition of Congress, and their rightly understanding our situation, we do therefore unanimously agree, speedily to furnish a per- son with a reasonable support, to present our memorial, and negotiate our business in Congress.
"Thirdly. As the welfare of the community also depends much on public spirit, benevolence and regard to virtue, we therefore unanimously agree to improve and cultivate these, and to discountenance every thing of a contradictory and repugnant nature.
"Fourthly. We unanimously agree to protect this association with our lives and fortunes, to which we pledge our faith and reputation."
These report being concurred in, on motion of Mr. Cocke, it was
"Resolved, That the clerks of the county courts who have the bonds and recognizance of any officers, sheriff's and collectors, who have col- lected any of the public monies, or are about now to collect any of the same, are hereby specially commanded and required to hold said bonds in their possession and custody, until some mode be adopted and pre-
19
290
NEW CONVENTION BREAKS UP IN CONFUSION.
scribed to have our accounts fairly and properly liquidated with the State of North-Carolina. And they resolved, further, that all the she- riffs and collectors, who have before collected any of the public monies, shall be called on, and render due accounts of the monies that they. have collected and have in their hands, or may collect by virtue of their office. .
"Messrs. White and Doak moved, and were permitted to enter their dissent against both of these resolutions, because, in their opinion, it was contrary to law to detain the bonds."
The deputies then took into consideration the propriety of having a new convention called to form a constitution, and give a name to the Independent State. They decided that each county should elect five members to the convention- the same number that had been elected in 1776, to form the constitution of North-Carolina. They fixed the time and place of meeting to be at Jonesboro', on the 16th of Septem- ber, and then adjourned.
For some reason not now distinctly known, the convention did not meet till November, and then broke up in great oop- fusion. The members had not harmonized upon the details of the plan of association. There was a still greater con- flict of opinion amongst their respective constituencies, and in a new community the voice of a constituent is always omnipotent, and must not be disregarded. Each party was tenacious of its own plan, and clamourous for its adoption. Some preferred a longer adherence to the mother state, under the expectation and hope that by the legislation of North- Carolina, many, if not all, of the grievances which had dis- affected her western counties, would be soon redressed. Her Assembly was then in session at Newbern, and did repeal the act for ceding her western territory to Congress. During the same session they also formed a judicial district of the four western counties, and appointed an assistant judge and an attorney-general for the Superior Court, which was di- rected to be held at Jonesboro'. The Assembly also formed the militia of Washington District into a brigade, and ap- pointed Col. John Sevier the brigadier-general.
In the law repealing the cession act, it is mentioned as the reason for the repeal : "That the Cession, so intended, was made in full confidence that the whole expense of the Indian expeditions, and militia aids to the States of South-Carolina .
291
GENERAL SEVIER DISSUADES FROM SEPARATION.
and Georgia, should pass to account in our quota of the continental expenses in the late war; and, also, that the other states, holding western territory, would make similar cessions, and that all the states would unanimously grant imposts of five per cent. as a common fund for the discharge of the federal debt; and, whereas, the States of Massachu- setts and Connecticut, after accepting the cessions of New- York and Virginia, have since put in claims for the whole or a large part of that territory, and all the above expected measures for constituting a substantial common fund have been either frustrated or delayed ;"-the said act is, there- fore, repealed. On account of the remote situation of the . western counties, these causes of the legislation of the parent state were not well understood across the mountain, or were so misrepresented as to give rise to the charge, against North-Carolina, of fickleness, or rather to the imputa- tion of neglect and inattention towards the new settlements.
But " revolutions never go backwards ;" the masses had been put in motion ; some steps had been taken in remo-, deling their governments-a change was desired. A new convention was determined on, and, accordingly, another election was held, and deputies were again chosen to a future convention. On the day of the election, at Jonesboro', Gene- ral Sevier declared himself satisfied with the provisions that had been made by the Legislature of North-Carolina in favour of the western people, and, enumerating them in a public address, recommended to the people to proceed no further in their design to separate from North-Carolina. He also wrote to Col. Kennedy, of Greene county, under date-
2d JANUARY, 1785.
DEAR COLONEL :- I have just received certain information from Col. Martin, that the first thing the Assembly of North-Carolina did was to repeal the Cession Bill, and to form this part of the country into a separate District, by name of Washington District, which I have the honour to command, as general. I conclude this step will satisfy the people with the old state, and we shall pursue no further measures as to a new state. David Campbell, Esqr., is appointed one of our judges. I would write to you officially, but my commission is not yet come to hand.
I am, dr. Colo., with esteem, yr. mt. obdt.
COLO. KENNEDY. JOHN SEVIER.
292
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DEPUTIES CHOSEN TO A NEW CONVENTION.
Gen. Sevier also made a written communication addressed 1785 ( to Col. Kennedy and the citizens of Greene county, - informing them what had been done for their relief by the legislature, and, with the purpose of preventing con- fusion and controversies amongst the people of the western counties, he begged them to decline all further action in re- spect to a new government.
Notwithstanding this earnest advice of the president of the late convention, and the redress of the grievances of which they complained, and which had alienated the people from the mother state, they persisted in their determination ; the election was held, and five deputies from each county were elected. Those chosen for Washington county were John Sevier, William Cocke, John Tipton, Thomas Stewart, and Rev. Samuel Houston. For Sullivan county, David Looney, Richard Gammon, Moses Looney, William Cage, and John Long. For the county of Greene, James Reese, Daniel Kennedy, John Newman, James Roddye and Joseph Hardin. The number of deputies was fifteen, less than half of the convention previously elected. They were chosen, too, by the counties and not by captain's campanies, and, representing larger bodies of their fellow citizens, were less trammeled by local prejudices and instructions. Their action was less restricted, and their deliberations freer and more enlightened. In this body, as now composed, was conside- rable ability and some experience.
.
The convention subsequently assembled again at Jones- borough, and again appointed John Sevier president, and F. A. Ramsey, secretary.
The convention being organized and ready for business, the Rev. Samuel Houston, one of the deputies from Wash- ington county, arose and addressed the convention on the importance of their meeting, showing that they were abont to lay the foundation on which was to be placed, not only their own welfare and interest, but, perhaps, those of their posterity for ages to come ; and adding that, under such inte- resting and solemn circumstances, they should look to Hea- ven, and offer prayer for counsel and direction from Infinite Wisdom. The president immediately designated . Mr. Hous-
.293
CONVENTION OPENED WITH PRAYER.
ton, and he offered up a solemn and appropriate prayer, in which all seemed to unite.
A form of a constitution under which the new government should be put in motion, was submitted and agreed to, sub- ject to the ratification, modification or rejection of a future convention directed to be chosen by the people, and to meet on the fourteenth of November, 1785, at Greenville. Ample time was thus given to examine the merits and defects of the new organization, and by discussing them in detail, to harmo- nize conflicting opinions, and to secure to it general public sentiment and popular favour.
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By an ordinance of the convention, however, it was provi- ded that the electors in the several counties should, in the meantime, proceed to elect members of the legislature for the new state, according to the laws of North-Carolina ; and that when thus chosen, the assembly should meet and put the new government into operation.
The election was accordingly held, and members of the legislature chosen for the State of Franklin. These
1785 met at the appointed time in Jonesboro'. After the most diligent search, the writer has been unable to procure a list of the members of this first legislative assembly in what is now Tennessee. It was, probably, for the most part com- posed of the same members who had constituted the two conventions that preceded, and gave form and vitality to it. This much is known, that Landon Carter was speaker, and Thomas Talbot, clerk of the Senate; and William Cage, speaker, and Thomas Chapman, clerk, of the House of Com- mons. Thus organized, the assembly proceeded to the elec- tion of governor. To this office John Sevier was chosen. A judiciary system was established also at this first session. David Campbell was elected Judge of the Superior Court, and Joshua Gist and John Anderson Assistant Judges.
The first session of the Legislature of Franklin, terminated on the thirty-first day of March, 1785, on which day the follow- ing acts were ratified, and signed by the speakers and coun- tersigned by the clerks of their respective bodies, viz :
" An act to establish the legal claims of persons claiming any property under the laws of North-Carolina, in the same
1
894 FIRST CLASSICAL SCHOOL WEST OF THE ALLEGHANIEA.
manner as if the State of Franklin had never formed itself into a distinct and separate state."
" An act to appoint commissioners, and to vest them with fall powers to make deeds of conveyance to such persons as have purchased lots in the town of Jonesboro'."
" An act for the promotion of learning in the county of Wash. 1785 5 ington." Under the provisions of this act, the foundation of Martin Academy was laid. It is believed that this is the earliest legislative action taken anywhere west of the Alleghanies, for the encouragement of learning. Rev. Sam- uel Doak, who had been a member of the convention, and, probably, of the Franklin assembly, and the apostle of reli- gion and learning in the West, was the founder and first pre- sident of Martin Academy. He was a graduate of Nas- sau Hall, in its palmiest days, under the presidency of Dr. Witherspoon. His school-house, a plain log building erected on his own farm, stood a little west of the present site of what is now Washington College. For many years it was the only, and for still more, the principal seat of classical education for the western country.
" An act to establish a militia in this state."
" An act for dividing Sullivan county and part of Greene, into two distinct counties, and erecting a county by the name of Spencer." This new county covered the same territory now known as Hawkins county.
" An act for procuring a great seal for this state." This act was probably never carried into effect. More than two years afterwards commissions to the officers of Franklin were issued, having upon them a common wafer as the seal of the state.
" An act directing the method of electing members of the General Assembly." The first Monday of August, was the time fixed by law for the annual meeting of the legislature.
" An act to divide Greene county into three separate and distinct counties, and to erect two new counties by the name of Caswell and Sevier." The former occupied the section of country which is now Jefferson, and extended probably further west. There is reason to believe that Caswell
295
THE SEVEN COUNTIES OF FRANKLIN.
county extended down the French Broad and Holston to their confluence, and perhaps further west. This much is cer- tain : that General White and others, known to be steadfast friends of the new state and officers under it, were at this time forming settlements in this part of the present Knox county. The other new county embraced what is still known as Sevier county, south of French Broad, and also that part of Blount east of the ridge dividing the waters of Little River from those of the Tennessee. The courts of Sevier county were held at Newell's Station, near the head of Boyd's Creek. This is one of the prettiest places in Ten- nessee ; its ruins are still to be seen-about fifteen miles south-east from Knoxville-on the farm lately owned by Edward Hodges, Esq.
" An act to ascertain the value of gold and silver foreign coin, and the paper currency now in circulation in the state of North-Carolina, and to declare the same to be a lawful tender in this state."
" An act for levying a tax for the support of the govern- ment."
" An act to ascertain the salaries allowed the Governor, Attorney-General, Judges of the Superior Courts, Assistant Judges, Secretary of State, Treasurer and members of Council of State."
" An act for ascertaining what property in this state shall be deemed taxable, the method of assessing the same, and collecting public taxes."
"An act to ascertain the powers and authorities of the Judges of the Superior Courts, the Assistant Judges and Jus- tices of the Peace, and of the County Courts of Pleas and Quarter Sessions, and directing the time and place of holding the same."
" An act for erecting a part of Washington county and that part of Wilkes lying west of the extreme heights of the Apalachian or Alleghany Mountains, into a separate and distinct county by the name of Wayne." This new county covered the same territory now embraced in the limits of Carter and Johnson counties.
The provisions of some of these acts were nearly the
206 ·
OFFICERS OF THE STATE OF FRANKLIN,
same as those adopted by North-Carolina at the commence- ment of her state government. The style of the enactments was this : "Be it enacted by the General Assembly of the State of Franklin."
The Governor, the Judge of the Superior Court, and the Assistant Judges, were elected, as has been already men- tioned, by the legislature at its first session. The other state officers were Landon Carter, Secretary of State; Wil- liam Cage, Treasurer; Stockley Donaldson, Surveyor-Gene- ral ; Daniel Kennedy and William Cocke, Brigadier-Gene- rals of the Franklin militia. General Cocke was also dele- gated to represent the condition of the new government in the Congress of the United States. Members of the Council of State were-General William Cocke, Colonel Landon Carter, Colonel Francis A. Ramsey, Judge Campbell, Gene- ral Kennedy, Colonel Taylor. Until the new constitution should be adopted by the people, the temporary form of gov- ernment was that of North-Carolina.
County courts were, at the same session, established, and justices of the peace appointed. The civil and military officers for each county, as far as can now be ascertained, were-James Sevier, Clerk of Washington County Court ; John Rhea, of Sullivan ; Daniel Kennedy, of Greene ; Tho- mas Henderson, of Spencer; Joseph Hamilton, of Caswell ; and Samuel Weir, of Sevier. On the 10th of June, 1785, Governor Sevier, by proclamation, announced the appoint- ment of F. A. Ramsey, Esq., as Clerk of the Superior Court of Washington District .*
The salaries of the officers of state were-of the Governor, two hundred pounds annually; Attorney-General, twenty- five pounds for each court he attended ; Secretary of State twenty-five pounds annually, and his fees of office ; Judge of Superior Court, one hundred and fifty pounds per annum ; Assistant Judges, twenty-five pounds for each court; Trea- surer, forty pounds annually ; each member of Council of State, six shillings per day, when in actual service.
" In the law, levying a tax for the support of government, was the clause following :
* Haywood-
-
297
AND ITS CURRENCY.
" Be it enacted, That it shall and may be lawful for the aforesaid land tax, and all free polls, to be paid in the following manner : Good flax linen, ten hundred, at three shillings and six pence per yard ; nine hundred, at three shillings; eight hundred, two shillings and nine pence; seven hundred, two shillings and six pence; six hundred, two shillings ; tow linen, one shilling and nine pence ; linsey, three shillings, and woollen and cotton linsey, three shillings and six pence per yard ; good, clean beaver skin, six shillings ; cased otter skins, six shillings; uncased ditto, five shillings; rackoon and fox skins, one shilling and three pence; woollen cloth, at ten shillings per yard; bacon, well cured, six pence per pound ; good, clean tallow, six pence per- pound ; good, clean beeswax, one shilling per pound ; good distilled rye whiskey, at two shillings and six pence per gallon ; good peach or apple brandy, at three shillings per gallon ; good country made sugar, at one shilling per pound : deer skins, the pattern, six shillings ; good, neat and well managed tobacco, fit to be prized, that may pass inspection, the hun- dred, fifteen shillings, and so on in proportion for a greater or less quan- tity.'"
"' And all the salaries and allowances hereby made, shall be paid by any treasurer, sheriff, or collector of public taxes, to any person entitled to the same, to be paid in specific articles as collected, and at the rates allowed by the state for the same ; or in current money of the State of Franklin.' In specifying the skins, which might be received as a com- mutation for money, the risibility of the unthinking was sometimes excited at the enumeration. The rapidity of wit, which never stops to be informed, and which delights by its oddities, established it as an axiom, that the salaries of the governor, judges, and other officers, were to be paid in skins absolutely ; and to add to their merriment, had them payable in mink skins."*
The provisions of the Franklin Legislature concerning its currency, have been the source of much merriment and pleasantry, at the expense of the Franks. It should be re- collected that many of the articles, which were thus de- clared to be a lawful tender in payment of debts, were, at that moment, convertible into specie, at the prices designated by the law ; and all of them, certainly, at a lower scale of depreciation than the issues of many banks, considered since that time as a legal currency. Besides, in the forming pe- riod of society, when the pastoral and agricultural have not yet been merged into the commercial and manufacturing stages, where the simple wants of a new community confine its exchanges to the bartering of one commodity or product for another, there can be but little use for money. There it does not constitute wealth, and is scarcely the representa- tive of it. On the frontier, he is the wealthiest man, not * Haywood.
998
CURRENCY OF THE COLONIES.
·
who owns the largest amount of wild lands, while thousands of acres around him are vacant and unappropriated ; or who has money to lend, which no one near him wishes or needs to borrow ; but he whose guns and traps furnish the most peltries, who owns the largest flocks and herds, and whose cribs and barns are the fullest, and whose household fabrics are the most abundant. In a now settlement, these are wealth, and con- stitute its standard.
In the carlier periods of all the American colonies, a like condition of things existed, as did now in Franklin. Money appears to have been very scarce, and in their domestic transactions, quite unknown. In Virginia, two centuries ago, the price of a wife was estimated at one hundred and fifty pounds of tobacco; and the subject of the transaction was held to impart its own dignity to the debt, which accordingly was allowed to take precedence of all other engagements. In 1688, a stipend of sixteen thousand pounds of tobacco was given by law to each clergymen. In Maryland, tobacco, and not money, was made the measure of value, in all the laws where prices were stated or payments prescribed .* In North- Carolina, as late as 1722, debts and rents were generally made payable in hides, tallow, furs, or other productions of the country. And still later, in 1738, when money was scarce in that colony, it became necessary to receive pay- ment of quit-rents and other debts, in such articles of country produce as were marketable and casily transported. The price of these several articles was fixed by acts of As- sembly, at which they were a legal tender. When judgment was obtained in a court for damages to a certain amount, the entry was usually made in the docket with the follow- ing addition : " payable in deer skins, hides, tallow or small furs, at country price."t A specific tax of one bushel of In- dian corn, upon every tithable inhabitant, was laid in 1715, for the support of some forces upon the frontier, and to discharge a debt due to South-Carolina.
At an early day in Virginia, tobacco became the standard of value, and supplied in part the place of a circulating me- dium .. By 8 1 act of 1632, " the secretary's fees shall be as
· Grahame.
t Williamson.
290
FRANKLIN TREATY OF PEACE AND BOUNDARIES.
followeth :. ffor a warrant, 05 lbs. of tobacco ; ffor a passe 10 lbs. ; ffor a freedom 20, etc. The marshall's fees ffor an arrest, 10 lbs .; ffor warning the cort, 02, imprisonment coming in 10, going out 10, laying by the heels 5, whipping 10, pillory 10, duckinge 10, ffor every 5 lbs. of tobacco the marshall may require one bushel of corne, etc. etc."*
The court of assistants, of Massachusetts, ordered that 1631 corn should pass for payment of all debts at the usual rate for which it was sold.
HARD CURRENCY .- "Musket balls, full bore, were a legal tender in Massachusetts, in 1656, current for a farthing a piece, provided that no man be compelled to take above twelve at a time of them."
" In 1680, the town of Hilham paid its taxes in milk?paite."
Having appointed the officers of state, and provided for the support of the government of Franklin, the Assembly authorized a treaty to be held with the Cherokee Indians. Governor Sevier, Alexander Outlaw and Daniel Kennedy, were appointed commissioners. The treaty was held at the house of Major Henry, near the mouth of Dumplin Creek, on the north bank of French Broad River. The king of the Cherokees, with a great number of their chiefs, met the Franklin commissioners at this place, on the 31st of May, 1785. The conference was continued three days, and re- sulted in the establishment of the ridge dividing the waters of Little River and the Tennessee, as the boundary between the whites and Indians, and the cession of all the lands south of French Broad and Holston, east of that ridge. For these lands the Indians were promised compensation in general terms. "Both parties professed a sincere desire for the bles- sings of peace, and an ardent wish that it might be of long continuance. The governor, in a speech well calculated to produce the end he had in view, deplored the sufferings of the white people ; the blood which the Indians spilt on the road leading to Kentucky ; lamented the uncivilized state of the Indians, and to prevent all future animosities, he sug- gested the propriety of fixing the bounds, beyond which those settlements should not be extended, which had been
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