USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 29
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* Foote's Virginia.
300
CONDITION OF THE NEW STATE
imprudently made on the south side of French Broad and Holston, under the connivance of North-Carolina, and could not now be broken up; and he pledged the faith of the State of Franklin, if these bounds should be agreed upon and made known, that the citizens of his state should be effectually restrained from all encroachments beyond it."+
Under the government of Franklin, the county offices were generally conferred upon those who already held com- missions under the State of North-Carolina for the same places. This arrangement gave general satisfaction. The metamorphosis from the old to the new order of things was so noiseless, gradual and imperceptible, it did violence to no . one, produced no convulsion, and for the time being recon- ciled all parties west of the mountains to the new govern- ment, which was now in the, full tide of successful experi- ment.
East of the Alleghanies, however, this sudden dismember- ment of the territory of North-Carolina produced surprise, censure and condemnation. A rumour of the insurrectionary tendency across the mountain, had reached Newbern during the session of the legislature, and had, doubtless, much influ- ence in hastening the measures adopted for the conciliation and relief of the western people. Complaints were soon after made to Alexander Martin, then governor of the state, by the chiefs of the Cherokee nation, of the frequent viola- tion of treaty stipulations, and especially of the murder of one of their head men, Butler, by Major Hubbard, one of the . Franklin officers, in time of peace.
Governor Martin, under date Danbury, Dec. 18, 1784, had written to Col. John Gist, authorizing him to convene the witnesses before him, and if they prove the killing, "you will issue your warrant to apprehend the said Hubbard, di- rected to the sheriff or such other officers as you judge proper, to be brought before you, and if he cannot shew any exculpatory reason for this act, you will commit him under a strong guard to Burke county jail, and to be under the care of General McDowell, there to remain until Washington Supe- rior Court."
The circumstances of the death of Butler, as furnished by * Hay wood.
301
UNTOOLA, A CHIEF OF CITICO.
a surviving kinsman, as he received them from Hubbard himself, are these :
THE DEATH OF UNTOOLA OR GUN ROD OF CITICQ-OR, AS KNOWN TO THE WHITES, BUTLER-A CHEROKEE CHIEF.
During an armistice that had taken place between the Upper towns of the Cherokees and the infant settlements upon the French Broad, an attempt was made to revive the peaceful relations which, at happy intervals, had existed be- tween the white and Indian population. The counsels of the elder chiefs had at length prevailed over the rash and in- considerate decisions of the young men and warriors, and had curbed, if not eradicated, the restless spirit of cruelty and ag- gression which had so often involved the frontier in war. The whites too, were at this moment not indisposed to a state of peace. The emigration from abroad had been so great as to render the amount of the last year's crop inade- quate for the present wants and support of the country. A pacific policy was necessary to a renewal of that system of barter which, in times of previous scarcity, had been so bene- ficial to all. Impelled by necessity, several small parties ventured into the Indian country to procure corn. Amongst these was one consisting of only two men, Col. James Hub- bardt and a fellow-soldier. Hubbardt's parents and their whole family, had been cruelly butchered in Virginia by the Shawnees, and he had hence become the avowed enemy of the Indian race ; and it may not be saying too much to add, that he had killed more Cherokees than any other one man. In every battle with them, he sought the place of danger. Coura- geous in action, ardent in pursuit, artful in stratagie and desperate in his revenges, he had incurred the implacable. resentment of the Indians. This feeling had been exaspe- rated by the mortifying result of many a hardly contested rencounter with them .. In one of these it was his good for- tune to meet and unhorse Butler, a distinguished warrior and the chieftain of Citico. To lose his horse, his tomahawk or his rifle, is equivalent, in the Cherokee warrior's code, to the loss of consequence and of honour. Butler apprehended this effect from his late inglorious retreat from his antagonist. This stain
803
HUBBARDT AND UNTOOLA.
upon his character ulcerated his proud and ambitions spirit, and impatient under its corrodings, and panting for an oppor- tunity to retrieve his loss, he had dissented from the peace- talks which were gradually preparing his followers for a general pacification-an event which Butler was well aware, under his peculiar situation, would consign him to temporary obscurity, or perhaps sink him to lasting infamy. His wounded pride could not brook this tormenting apprehension, and be disdained to accept the overture of peace, which he too well knew had not been extorted by his valour. Hearing of the approach of Hubbardt and of his companion to his town, he invited a warrior, who still adhered to his fortunes, to accom-
. pany him. Well armed and well mounted, they hastened from Citico and soon met the object of their search. Hub- bardt and his companion were encumbered with packages of different kinds, which had been laid upon their horses to be exchanged for corn. At the time of Butler's approach, they were on foot, leading the horses leisurely along the Indian path. Butler rode directly up, and with an air of insulted · dignity demanded, in English, the object of their intrusive visit. Hubbardt, looking at him sternly, replied, with great self possession, As the war is over, we have brought some clothing which we desire to barter for corn ; and as an evi- dence of the conciliatory and peaceable purpose of his visit. he exhibited the contents of a sack taken from his horse. He also drew forth a bottle of whiskey and invited the Indians to drink. To inspire Butler with greater confidence, he leaned his rifle against a tree, vainly hoping, by this demeanour, to appease the resentment which but too plainly burned in the bosom and flashed from the eyes of his antagonist. To the enquiry about a supply of corn, no answer was made by But- ler, who manifested a stubborn indifference to the negotia- tion. He continued mounted and rode partly around the white men, with the supposed intention of either separating Hubbardt from his gun, by running his horse in between him and the tree, or of getting them both in the range of his dou- ble-barrelled rifle, and of killing the principal and his second at one shot. Hubbardt, however, was not less cagle-eyed than he was brave, and taking his position near his gun, de-
303
UNTOOLA KILLED.
termined, that while he made no aggression upon others, he would not allow himself to be deprived of the means of de- fence. The negotiation was now ended-not another word was uttered. Though all verbal communication was sus- pended, it was not difficult to read in their expressive coun- tenances, the reckless determination of the two principals. Their companions remained spectators of the conduct of their chiefs-each of them aware that the fate of his friend might be decisive of his own.
Hubbardt knew that to resume his rifle, in the present posture of things, would be construed as a breach of the existing armistice or a renewal of the war, and would expose & starving frontier to famine and to the merciless incursions of their savage neighbours. To remain unarmed was to invite an attack from his adversary. He avoided either. He reached his hand to the muzzle of his gun and allowed the breach to remain upon the ground; then assu- ming a look of stern defiance, he waited, in silence, for the attack. Butler changed the position of his horse and aimed a blow at Hubbardt, but was unable, by this manœuvre, to gain any advantage over his wary antagonist. Baffled in this expectation, he coolly surveyed him, and, quick as light- ning, levelled his gun and fired. The ball passed between the ear and head of Ilubbardt, and cut the hair from his temple and doing little injury to the skin, slightly stunned him. The two Indians immediately retreated. Their flight was so instantaneous and rapid that they had reached the distance of eighty yards when a ball from Hubbardt's gun struck Butler in the back and brought him to the ground. He begged Hubbardt, who was now approaching him, to let him alone-he was a dead man. At his own request, he was lifted up and placed against a tree, when he breathed easier. To the request that he should tell them, before he died, whether his nation was for peace, he replied angrily, No. They are for war, and if you go any further they will take your hair. To the remark that they had better not again go to war, for the white people would whip them, he he replied : It is a lie, it is a lic ; and making the declaration more emphatic by the addition of other offensive and insult-
004
·
GOVERNOR MARTIN SENDS COLONEL HENDERSON,
ing expletives, continued to provoke Hubbardt till, in a paroxysm of ill-timed rage, by a blow from his heavy gun, he dispatched him.
The companion of Hubbardt had his attention so wholly absorbed by the principal combatants, that he allowed the other Indian to escape without firing at him. Hubbardt reproached him bitterly for this neglect, and said that, if he had killed the other, intelligence of. Butler's death would not have exposed the whites to immediate retaliation ; as it is, said he, the Indians will invade the settlements before they can be prepared for them.
It will be seen, hereafter, how severely the frontier suffered from the revenge, cruelty and retaliation of Butler's towns- men.
Rumour had ascribed the disturbances on the frontier to the officers of the new government, and Governor Martin sent Samuel Henderson to the West, with instructions and full power to examine into and ascertain the extent of the infu- ries inflicted upon the Indians, and the disaffection of the western people. The governor also forwarded, by . Major Henderson, a talk from himself to the Cherokees, and a letter to General Sevier. As containing a history of the times at which they bear date, each of these papers is given at length.
TO THE OLD TASSEL AND OTHER WARRIORS OF THE CHEROKEE NATION ;
Brothers :- I have received your talk by Colonel Martin, in behalf of yourself and all the Cherokee nation. I am sorry that you have been uneasy, and that I could not see you this last spring, as I promised you, as our beloved men met at Hillsborough had prevented me, by agreeing and concluding among themselves, that the Great Council of the thirteen American States, at Philadelphia, should transact all affairs belonging to the Red People. · Brother :- It gives me great uneasiness that our people trespass on your lands, and that your young men are afraid to go a-hunting on ac- count of our people ranging the woods and marking the trees. These things, I can assure you, are against the orders of your elder brother, and are not approved of by me and the good men of North Carolina ; but while we were consulting our council of Philadelphia, our bad men living near your lands thought we had laid aside all government over them, and that they had a right to do as they pleased ; and not willing to obey any law for the sake of ill gain and profit, care not what mis- chief they do between the red and white people, if they can enrich them-
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305
ON A MISSION TO FRANKLIN.
selves. But, brother, I know your complaints, and will endeavour to set your minds at ease, by again ordering off all these persons from your lands, who have settled on them without your consent. Your friend, Gen. Sevier, is made our First Warrior for the western country, to whom Colonel Martin carries my particular directions to have these intruders moved off. About the 25th of April, I propose to meet you, and such of your beloved men as will be pleased to attend, at the Great Island in Holston, or other place most agreeable to you on Broad or that river. I shall bring with me some of our first men, who will assist in the Talks, in whom, as well as myself, you can place your confidence and trust. I propose to bring with me the goods, which, in my last Talk, I informed you, were intended to purchase your right and claim to some of the lands near you, that a line be drawn and marked between your people and ours, which shall be the bounds in future, and over which our people shall not go and settle upon, without being highly punished.
Brother :- In the meanwhile, I beg you not to listen to any bad Talks, which may be made by either white or red people, which may disturb our peace and good will to each other ; and should mischief be done by any of our bad people, be patient until you hear from me, and may be certain your elder brother of North-Carolina will do every thing in his power, to give your minds satisfaction. I am told the northern Indians have sent you some bad Talks, but do not hear them, as they wish to make vari- ance between all the red and American people without any provocation.
Brother :- Colonel Martin, your friend, has told me your grievances. I wish to redress them as soon as possible. I cannot come to you sooner than I have proposed. Bad men may make you uneasy, but your elder brother of North-Carolina has you greatly in his heart, and wishes to make you sensible of it.
GOVERNOR MARTIN TO GENERAL SEVIER :
DANBURY, December, 1784.
Sir :- By Major Outlaw, I sent your brigadier's commission, which I expect you have received, and which I hope will be acceptable to you, as also some proclamations agreeably to a request of the Legislature, to have all intruders removed off the Indian lands. I request your atten- tion to this business, as I have received a Talk from the Cherokee nation, greatly complaining of trespasses daily committing against them ; and that their young men are afraid to hunt, as our people are continually ranging their woods and marking their trees. The importance of keep- ing peace with the Indians you are sufficiently impressed with, and the powers with which you are armed, are sufficient to check the licentious and disobedient, and remove every impediment out of the way, which may give the Indians uneasiness.
I am informed a daring murder has been committed, on one Butler, a Cherokee Indian, by Major Hubbard, of Greene county, without any provocation. I have given directions for his being apprehended and conveyed to Burke Gaol for security, until the setting of Washington Superior Court, when he will be remanded back. Col. Gist, of Greene county, is entrusted with this service. I have directed him to call on you for guards if the same be necessary.
20
306
TALK OF GOVERNOR MARTIN TO CHEROKEES.
You will please to write to me the first opportunity on this subject. I propose to hold a treaty with the Indians about the 25th of April, at the Great Island.
Governor Caswell and Colonel Blount will be commissioners to assist at the treaty, where I shall expect you to attend with such guard as will be thought necessary, and of which you will hereafter have advice.
Hearing of the continued revolt in the West, Governor Martin again addressed Governor Sevier :
Sir :- With some concern, I have heard that the counties of Wash- ington, Sullivan and Greene, have lately declared themselves inde- pendent of the State of North-Carolina, and have chosen you governor- that you have accepted the same, and are now acting with a number of officers under the authority of a new government.
As I wish to have full and proper information on this subject, Major Samuel Henderson waits upon you with this, by whom you will please to transmit me an account of the late proceedings of the people in the western country, that I may have it in my power to communicate the same to the General Assembly.
. The general discontent that prevailed through the state at the late Cession act, and the situation of our public accounts not being as fa- vourable as they were taught to believe, caused the Assembly to repeal that act by a large majority, and to convince the people of the western country, that the state still retained her affection for, and was not desi- rous to part with, such a respectable body of citizens, in the present situation of affairs, attempted to make government as easy as possible to them by erecting a new Superior Court District, creating a Brigadier- General of the Militia, and an Assistant Judge of the said Superior Court, which was, in short, redressing every grievance, and removing every obstacle out of the way that called for a separation, and which the Legislature were induced to expect from one of the members of that district, would give full satisfaction.
It has also been suggested that the Indian goods are to be seized, and the Commissioners arrested, when they arrive, on the business of the Treaty, as infringing on the powers of your new government ; for which reason they are stopped, and I shall not proceed with the Com- missioners until we are assured how far the militia of Washington Dis- trict may be relied on for guards in conducting the Treaty, whom alone I intend to call upon to attend to this business.
You will also please to inform me respecting the late Proclamations to remove off all intruders on the Indian lands, and what is done in Hubbard's case, of which I wrote you by Colonel Martin.
Gov. Martin also sent another Talk :
TO THE OLD TASSEL OF CHOTA, and all the warriors of the Friendly Towns of the Cherokee nation :
Brothers :- The time is about arriving when I expected to have held a great Talk with you, as I promised by Col. Martin, and hope you will not charge me with being false and faithless to my promise, when I ex-
307
GOV. MARTIN'S INSTRUCTIONS TO MAJOR HENDERSON.
plain to you the reason why this business is obliged to be put off to some longer time. I am sorry to give you this information, as the fault is not yours or mine; but, from a circumstance I could not have foreseen, would have happened, while we were preparing to see each other to ex- change mutual pledges of lasting friendship. A String.
Our brothers, the white people between the mountains and you, wish to have a council of beloved men and government separate from your elder brothers of North-Carolina, with whom they heretofore sat and held all their councils in common.
Your elder brothers are not yet agreed to their separation from them, till they are a more numerous and stronger people, till we have held Talks together on the terms of the separation, and till the great Council at New-York are agreed ; while these things are settling among ourselves, the talking with you must be delayed, as the meeting must be on the ground where they live, and from whom we must procure things ne- cessary for the support of you and us ; and by this Talk we intend to make a chain of friendship strong and bright, that will last forever be- tween you and all your elder brothers, more especially those who live near you. We wish to have their full consent and hearty assistance as one people in this business. A String.
Brothers :- Be'not discouraged at this delay. Whatever disputes may be between your elder brothers, I trust it will not concern you, more than you may think the time long we may take up in understanding ourselves. In the meantime, I, as your elder brother, request you to be peaceably disposed to all the white people who are our brothers, and not suffer any mischief to be done to them, either to their persons or pro- perty, nor listen to any ill Talks which may be offered you, either from the red or white bad people ; but should any injury be done you by the white people near you, complain to their head and beloved men, who I hope will give you redress, till the way is clear for you and us of North- Carolina to see each other. A String.
Brothers :- The time is shortly to be, by the nature of our govern- ment, when I am to become as a private brother, but the good Talks that have passed between us will not be forgotten. I will deliver them care- fully to my successor, Governor Caswell, who loves you, and wishes to Talk with you in the same manner I have. He will have the conducting of the future Talks with you, which I hope will always be to our mu- tual satisfaction.
GOV. MARTIN'S INSTRUCTIONS FOR MAJOR SAMUEL HENDERSON.
Sir :- You will please to repair with despatch to General Sevier, and deliver him the letters herewith handed you, and request his an- swer. You will make yourself acquainted with the transactions of the people in the western country, such as their holding a Convention, and learn whether the same be temporary, to be exercised only during the time of the late Cession act; and that since the repeal thereof, they mean still to consider themselves citizens of North-Carolina, or whether they intend the same to be perpetual, and what measures they have
308
GOV. BEVIER ANNOUNCES FRANKLIN INDEPENDENT.
taken to support such government. That you procure a copy of the constitution, and the names of such officers at present exercising the powers of the new government. That you be informed whether a fac- tion of a few leading men be at the head of this business, or whether it be the sense of a large majority of the people that the state be dis- membered at this crisis of affairs, and what laws and resolutions are formed for their future government; also, where the bounds of their new state are to extend, and whether Cumberland or Kentucky, or both, are to be included therein, and whether the people of those places have also taken part in the above transactions. You will learn the temper and disposition of the Indians, and what is done in Hubbard's case, and how his conduct is approved or disapproved in general. Lastly, every other information you think necessary to procure, you will communicate to me as soon as possible; at the same time you will conduct yourself with that prudence you are master of, in not throwing out menaces, or making use of any language that may serve to irritate persons con- cerned in the above measures.
The authorities of North-Carolina were not long allowed to remain in doubt upon the subject of the defection of the western counties. Soon after the organization of the Legis- lature of the State of Franklin, and the appointment of its principal officers, a communication was addressed to Alex- ander Martin, Esq., Governor of North-Carolina, signed by John Sevier, Governor, and Landon Carter and William Cage, as Speakers of the Senate and House of Commons of the State of Franklin, announcing that they and part of the inhabitants of the territory lately ceded to Congress, had · declared themselves independent of the State of North-Caro- lina, and no longer considered themselves under the sove- reignty and jurisdiction of the same, and assigning the rea- sons for their separation. This formal Declaration of Inde- pendence, officially communicated by the functionaries of Franklin, and transmitted to the Executive of North-Caro lina, induced Governor Martin to issue his circular under date, Danbury, April 7th, 1785, to the members of Council, requiring them to meet him at Hillsborough on the 22d inst. In his circular, he goes on to say that the inhabitants of the western counties "had declared themselves independent of the State of North-Carolina, and have refused, and do refuse, to pay obedience to the jurisdiction and sovereignty of the same ;" and he convenes them at Hillsborough, "then and there in your wisdom to deliberate and advise the measures necessary to be taken on this occasion."
309
GOV. MARTIN'S MANIFESTO.
Three days after the meeting of his Council, Governor Martin issued a Proclamation as follows :- "Whereas, I have received undoubted information of the revolt of the inhabi- tants of Washington, Greene and Sullivan counties, who have declared themselves independent of the State of North-Caro- lina, under the name of the State of Franklin," and then convenes the Legislature at Newbern, on the ist of June.
Upon the same day he issued also the following spirited and elaborate Manifesto :
STATE OF NORTH-CAROLINA : By His Excellency ALEXANDER MARTIN, Faquire, Governor, Captain- General and Commander-in-Chief of the State aforesaid- To the Inhabitants of the Counties of Washington, Sullivan and Greene:
A MANIFESTO.
Whereas, I have received letters from Brigadier-General Sevier, under the style and character of Governor, and from Messrs. Landon Carter and William Cage, as Speakers of the Senate and House of Commons of the State of Franklin, informing me that they, with you, the inhabitants of part of the territory lately ceded to Congress, had declared themselves in- dependent of the State of North-Carolina, and no longer consider them- selves under the sovereignty and jurisdiction of the same, stating their reason for their separation and revolt-among which it is alledged, that the western country was ceded to Congress without their consent, by an act of the legislature, and the same was repealed in the like manner.
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