USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 30
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It is evident, from the journals of that Assembly, how far that asser- tion is supported, which held up to public view the names of those who voted on the different sides of that important question, where is found a considerable number, if not a majority, of the meinbers-some of whom are leaders in the present revolt-then representing the above counties, in support of that act they now deem impolitic and pretend to reprobate- which, in all probability, would not have passed but through their influ- ence and assiduity-whose passage at length was effected but by a small majority, and by which a cession of the vacant territory was only made and obtained with a power to the delegates to complete the same by grants, but that government should still be supported, and that anarchy prevented-which is now suggested-the western people were ready to fall into. The sovereignty and jurisdiction of the state were, by another act passed by the same assembly, reserved and asserted over the ceded territory, with all the powers and authorities as full and ample as before, until Congress should accept the same.
The last Assembly having learned what uncasiness and discontent the Cession act had occasioned throughout the state, whose inhabitants had not been previously consulted on that measure, in whom, by the consti- tution, the soil and territorial rights of the state are particularly vested, judging the said act impolitic at this time, more especially as it would, for a small consideration, dismember the state of one half of her territo-
310
EXPLAINS THE CESSION ACT AND THE CAUSES OF ITS REPEAL,
ry, and in the end tear from her a respectable body of her citizens, when no one state in the Union had parted with any of their citizens, or given anything like an equivalent to Congress but vacant lands of an equivo- cal and disputed title and distant situation ; and also considering that the said act, by its tenor and purport, was revocable at any time before the cession should have been completed by the delegates, who repealed it by a great majority ; at the same time, the Assembly, to convince the people of the western country of their affection and attention to their interest, attempted to render government as easy as possible to them, by removing the only general inconvenience and grievance they might labour under, for the want of a regular administration of criminal jus- tice, and a proper and immediate command of the militia; a new district was erected, an assistant judge and a brigadier-general were appointed.
Another reason for the revolt is assigned, that the Assembly on the Cession act stopped a quantity of goods intended for the Cherokee In- dians, as a compensation for their claim to the western lands ; and that the Indians had committed hostilities, in consequence thereof. The journals of the Assembly evince the contrary ; that the said goods were still to be given to the Indians, but under the regulations of Congress, should the cession take place ; which occasioned the delay of not imme- diately sending them forward ; of which the Indians were immediately notified, and I am well informed that no hostilities or mischiefs have been committed on this account ; but, on the other hand, that provo- cations have been, and are daily given, their lands trespassed upon, and even one of their chiefs has been lately murdered, with impunity.
On the repeal of the Cession act, a treaty was ordered to be held with the Indians, and the goods distributed as soon as the season would permit ; which, before this, would have been carried into effect, had not the face of affairs been changed.
Under what character, but truly disgraceful, could the State of North- Carolina suffer treaties to be held with the Indians, and other business transacted in a country, where her authority and government were re- jected and set at naught, her officers liable to insult, void of assistance or protection.
The particular attention the legislature have paid to the interest of the western citizens, though calculated to conciliate their affection and esteem, has not been satisfactory, it seems : but the same has been at- tributed to interest and lucrative designs. Whatever designs the legis- lature entertained in the repeal of the said act, they have made it ap- pear that their wisdom considered that the situation of our public ac- counts was somewhat changed since that Assembly, and that the interest of the state should immediately bo consulted and attended to, that every citizen should reap the advantage of the vacant territory, that the same should be reserved for the payment of the public debts of the state, under such regulations hereafter to be adopted ; judging it ill- timed generosity at this crisis, to be too liberal of the means that would so greatly contribute to her honesty and justice.
But designs of a more dangerous nature and deeper die seem to glare in the western revolt. The power usurped over the vacant terri- tory, the Union deriving no emolument from the same, not even the
AND IMPUTES SINISTER DESIGNS TO THE INSURGENTS. 311
proportional part intended the old states by the cession being reserved, her jurisdiction and sovereignty over that country (which, by the con- sent of its representatives, were still to remain and be exercised) rejected and deposed ; her public revenue in that part of her government seized by the new authority, and not suffered to be paid to the lawful Trea- surer, but appropriated to different purposes, as intended by the Legis- lature,-are all facts, evincing that a restless ambition and a lawless thirst of power, have inspired this enterprise, by which the persons con- cerned therein, may be precipitated into measures that may, at last, bring down ruin, not only on themselves, but our country at large.
In order, therefore, to reclaim such citizens, who, by specious pretences and the acts of designing men, have been seduced from their allegiance, to restrain others from following their example who are wavering, and to confirm the attachment and affection of those who adhere to the old government, and whose fidelity hath not yet been shaken, I have thought proper to issue this Manifesto, hereby warning all persons con- cerned in the said revolt, that they return to their duty and allegiance, and forbear paying any obedience to any self-created power and authority unknown to the constitution of the state, and not sanctified by the Legislature. That they and you consider the consequences that may attend such a dangerous and unwarrantable procedure; that far less causes have deluged states and kingdoms with blood, which, at length, have terminated their existence, either by subjecting them a prey to foreign conquerors, or erecting in their room a despotism that has bid- den defiance to time to shake off ;- the lowest state of misery, human nature, under such a government, can be reduced to. That they reflect there is a national pride in all kingdoms and states, that inspires every subject and citizen with a degree of importance-the grand cement and support of every government-which must not be insulted. That the honour of this State has been particularly wounded, by seizing that by violence which, in time, no doubt, would have been obtained by consent, when the terms of separation would have been explained and stipulated, to the mutual satisfaction of the mother and new state. That Congress, by the confederation, cannot countenance such a separa- tion, wherein the State of North-Carolina hath not given her full con- sent; and if an implied or conditional one hath been given, the same hath been rescinded by a full Legislature. Of her reasons for so doing they consider themselves the only competent judges.
That by such rash and irregular conduct a precedent is formed for every district, and even every county of the state, to claim the right of separation and independency for any supposed grievance of the inhabitants, as caprice, pride and ambition shall dictate, at pleasure, thereby exhibiting to the world a melancholy instance of a feeble or pusillanimous government, that is either unable or dares not restrain the lawless designs of its citizens, which will give ample cause of exultation to our late enemies, and raise their hopes that they may hereafter gain, by the division among ourselves, that dominion their tyranny and arms have lost, and could not maintain.
That you tarnish not the laurels you have so gloriously won at King's Mountain and elsewhere, in supporting the freedom and independence
312
GOVERNOR MARTIN THREATENS THE REVOLTERS.
of the United States, and this state in particular, to be whose citizens were then your boast, in being concerned in a black and traitorous revolt from that government in whose defence you have so copiously bled, and which, by solemn oath, you are still bound to support. . Let not Ver- mont be held up as an example on this occasion. Vermont, we are informed, had her claims for a separate government at the first exist- ence of the American war, and, as such, with the other states, although not in the Union, hath exerted her powers against the late common enemy.
That you be not insulted or led away with the pageantry of a mock government without the essentials-the shadow without the substance- which always dazzles weak minds, and which will, in its present form and manner of existence, not only subject you to the ridicule and con- tempt of the world, but rouse the indignation of the other states in the Union at your obtruding yourselves as a power among them without th ir consent. Consider what a number of men of different abilities will be wanting to fill the civil list of the State of Franklin, and the expense necessary to support them suitable to their various degrees of dignity, when the District of Washington, with its present officers, might answer all the purposes of a happy government until the period arrive when a separation might take place to mutual advantage and satisfaction on an honourable footing. The Legislature will shortly meet, before whom the transactions of your leaders will be laid. Let your representatives come forward and present every grievance in a constitutional manner, that they may be redressed; and let your terms of separation be proposed with decency, your proportion of the public debts ascertained, the vacant territory appropriated to the mutual benefit of both parties, in such manner and proportion as may be just and reasonable; let your proposals be consistent with the honour of the state to accede to, which, by your allegiance as good citizens, you cannot violate, and I make no doubt but her generosity, in time, will meet your wishes.
But, on the contrary, should you be hurried on by blind ambition to pursue your present unjustifiable measures, which may open afresh the wounds of this late bleeding country, and plunge it again into all the miseries of a civil war, which God avert, let the fatal consequences be charged upon the authors. It is only time which can reveal the event. I know with reluctance the state will be driven to arms ; it will be the last alternative to imbrue her hands in the blood of her citizens ; but if no other ways and means are found to save her honour, and reclaim her head-strong, refractory citizens, but this last sad expedient, her resources are not yet so exhausted or her spirits damped, but she may take satis- faction for this great injury received, regain her government over the re- volted territory or render it not worth possessing. But all these effects may be prevented, at this time, by removing the causes, by those who have revolted returning to their duty, and those who have stood firm, still con- tinue to support the government of this state, until the consent of the legislature be fully and constitutionally had for a separate sovereignty and jurisdiction. All which, by virtue of the powers and authorities which your representatives and others of the state at large have invested me
313
ITS EFFECTS IN FRANKLIN.
with in General Assembly, I hereby will command and require, as you will be liable to answer all the pains and penalties that may ensue on the contrary.
Given under my hand and the Great Seal of the State, which I have caused to be hereunto affixed, at Hillsborough, the twenty-fifth day of April, in the year of our Lord 1785, and ninth year of the Independence of the said State.
ALEXANDER MARTIN.
By His Excellency's command. JAMES GLASGOW, Secretary.
A document such as this, emanating from the highest authority known to the sovereignty of North-Carolina, con- ceived in language and spirit at once conciliatory and re- spectful, though earnest and firm, could not be wholly disre- garded, and was not without its influence upon the reflect- ing and considerate. Copies of it, in manuscript, were dis- tributed, and read amongst the citizens of the new state. A closer scrutiny into the measure of separation that had been adopted, was instituted. A few had, from the first. advised adherence to the motherstate. Their number had increased, after the repeal of the Cession act. To such, the Manifesto of Governor Martin furnished new weapons against Frank- lin and their present rulers. But no one contemplated or advised a permanent connection between North-Carolina and her western counties, as a return to their former alle- giance must soon be succeeded by another separation from her, perhaps not less difficult, or of less questionable validity. The policy of ceding the western territory to Congress, might ultimately be re-adopted, and the existing imbecile condition of the Confederacy, led no one to think favourably of that alternative. A very large majority of the people, therefore, remained firm in their attachment to the new common- wealth ; its machinery worked well. Law was, thus far, effectually administered. Treaties, for the acquisition of new Indian lands, were contemplated, the settlements were daily augmenting in number and strength, and the new gov- ernment was acquiring vigour and stability, from a proposed annexation of a part of Virginia. Besides this, there was a charm in the idea of independence. The Manifesto itself evidently contemplated, and seemed to sanction, a separation, as not improbable at an early day ; and as, in the minds of
314
GOVERNOR SEVIER'S COUNTER-MANIFESTO,
most men, the question was one merely as to time, it was almost unanimously determined by the people to maintain their present position. The authorities of Franklin so de- cided also. Governor Sevier, accordingly, on the fourteenth of May, addressed to Governor Caswell, who had succeeded Martin in the executive chair of North-Carolina, his Mani- festo, setting forth the proceedings of the State of Franklin, and answering, in detail, the complaints made against it by Governor Martin.
Governor Sevier writes to Governor Caswell under date :
STATE OF FRANKLIN, - Washington County, 14th May, 1785.
Sir :- Governor Martin has lately sent up into our country a Mani- festo, together with letters to private persons, in order to stir up sedi- tion and insurrection, thinking, thereby, to destroy that peace and tran- quillity, which have so greatly subsisted among the peaceful citizens of this country.
First in the Manifesto, he charges us with a revolt from North-Caro- lina, by declaring ourselves independent of that state. Secondly, that designs of a more dangerous nature and deeper die seem to glare in the western revolt, the power being usurped over the western vacant terri- tory, the Union deriving no emolument from the same, not even the part intended for North-Carolina by the cession, and that part of her revenue is seized by the new authority and appropriated to different purposes than those intended by your legislature.
His Excellency is pleased to mention that one reason we have as- signed for the revolt, as he terms it, is that the goods were stopped from the Indians, that were to compensate them for the western lands, and that the Indians had committed murders in consequence thereof. He is also pleased to say that he is well informed to the contrary, and that no hostilities have been committed on that account; but on the other hand, provocations are daily given the Indians, and one of their chiefs murdered with impunity. In answer to the charge relative to what His Excellency is pleased to call the revolt, I must beg leave to differ with him in sentiment on that occasion ; for your own acts declare to the world that this country was ceded off to Congress, and one part of the express condition was, that the same should be erected into one or more states ; and we believe that body was candid, and that they fully believe a new state would tend to the mutual advantage of all parties ; that they were as well acquainted with our circumstances at that time, as Governor Martin can be since, and that they did not think a new government here would be led away by the pageantry of a mock gov- ernment without the essentials, and leave nothing among us but a shadow, as represented by him.
But if Governor Martin is right in his suggestion, we can only say that the Assembly of North-Carolina deceived us, and were urging us on
315
IN EXPLANATION OF SEPARATION.
into total ruin, and laying a plan to destroy that part of her citizens she so often frankly confessed saved the parent state from ruin. But the peo- ple here, neither at that time nor the present, having the most distant idea of any such intended deception, and at the same time well knowing how pressingly Congress had requested a cession to be made of the western territory ever since the 6th of September and 10th of Octo- ber, in the year 1780-these several circumstances, together with a real necessity to prevent anarchy, promote our own happiness, and pro- vide against the common enemy, that always infest this part of the world, induced and compelled the people here to act as they have done imnocently : thinking, at the same time, your acts tolerated them in the separation. Therefore, we can by no means think it can be called a re- volt or known by such a name. As to the second charge, it is entirely groundless. We have by no act, whatever, laid hold of one foot of the vacant land, neither have we appropriated any of the same to any of our use or uses, but intend everything of that nature for further delibera- tion, and to be mutually settled according to the right and claim of each party.
As to that part of seizing the public money, it is groundless as the former. For no authority among us, whatever, has laid hold of or ap- propriated one farthing of the same to our uses in any shape whatever, but the same is still in the hands of the sheriff and collectors. And on the other hand, we have passed such laws as will both compel and justify them in settling and paying up to the respective claimants of the same ; all which will appear in our acts, which will be laid before you and fully evince to the reverse of Governor Martin's charge in the Manifesto.
Very true, we suggest that the Indians have committed murders in consequence of the delay of the goods. Nearly forty people have been murdered since the Cession Bill passed, some of which lived in our own counties, and the remainder on the Kentucky Path ; and it is evidently known to the Cherokees, and their frequent Talks prove, they are exas- perated at getting nothing for their lands, and in all probability had their goods been furnished, no hostilities would have been committed.
The murder committed with impunity, alluding to Major Hubbard's killing a half-breed, which Governor Martin calls a chief (but who was never any such thing among the Indians). We can't pretend to say what information His Excellency has received on this subject, more than the others, or where from. This we know, that all the proof was had against Hubbard that ever can be had, which is, the Indian first struck, and then discharged his gun at Hubbard, before the Indian was killed by Hubbard. As Governor Martin reprobates the measure in so great a degree, I can't pretend to say what he might have done, but must believe, that had any other person met with the same insult from one of those bloody savages, who have so frequently murdered the wives and children of the people of this country for many years past, I may had they been possessed of that manly and soldierly spirit that be- comes an American, they must have acted like Hubbard.
I have now noticed to your Excellency the principal complaints in the Manifesto, and such as I think is worth observation, and have called
316
GOVERNOR CASWELL'S REPLY
forth such proofs as must evince fully the reverse of the charge and complaints set forth.
The menaces made use of in the Manifesto will by no means intimi- date us. We mean to pursue our necessary measures, and with the fullest confidence believe that your legislature, when- truly informed of our civil proceedings, will find no cause for resenting anything we have done.
Most certain it is, that nothing has been transacted here out of any disregard for the parent state, but we still entertain the same high opinion and have the same regard and affection for her, that ever we had, and would be as ready to step forth in her defence as ever we did, should need require it.
Also our acts and resolutions will evince to the world, that we have paid all due respect to your state. First, in taking up and adopting her constitution and then her laws, together with naming several now counties and also an academy after some of the first men in your state.
The repeal of the Cession act we cannot take notice of, as we had de- clared our separation before the repeal. Therefore, we are bound to support it with that manly firmness that becomes freemen.
Our Assembly sits again in August, at which time it is expected commissioners will be appointed to adjust and consider on such matters of moment, as will be consistent with the honour and interest of each party.
The disagreeable and sickly time of the year, together with the great distance from Newbern, as also the short notice, puts it out of the power of any person to attend from this quarter at this time.
Our agent is at Congress, and we daily expect information from that quarter, respecting our present measures, and hope to be advised thereon.
We are informed that Congress have communicated to your state re- specting the repeal of the Cession act. Be that as it may, I am au- thorized to say nothing will be lacking in us, to forward everything that will tend to the mutual benefit of each party and conciliate all matters whatever .*
To this counter-manifesto of Gov. Sevier, Governor Cas- well replied, under date-
KINSTON, N. C., 17th June, 1785.
Sir :- Your favour of the 14th of last month, I had the honour to receive by Colonel Avery.
In this, sir, you have stated the different charges mentioned in Governor Martin's Manifesto, and answered them by giving what I understand to be the sense of the people, and your own sentiments, with respect to each charge, as well as the reasons which governed in the measures he complained of.
* For this letter, I am indebted to the politeness of Hon. D. L. Swain. It is extracted from the letter book of Gov. Caswell in his possession.
317
DRAWS FROM SEVIER FURTHER VINDICATION.
I have not seen Governor Martin's Manifesto, nor have I derived so full and explicit information from any quarter as this you have been pleased to give me. As there was not an Assembly, owing to the members not attending at Governor Martin's request, the sense of the Legislature, on this business, of course, could not be had, and as you give me assurances of the peaceable disposition of the people, and their wish to conduct themselves in the manner you mention, and also to send persons to adjust, consider and conciliate matters, I suppose, to the next Assembly, for the present, things must rest as they are with respect to the subject matter of your letter, which shall be laid before the next Assembly. In the meantime, let me entreat you not, by any means, to consider this as giving countenance, by the executive of the state, to any measures lately pursued by the people to the westward of the mountains.
With regard to the goods intended, by the state, for the Indians as a compensation for the lands, they, I believe, have been ready for many months, at Washington, and if I can procure wagons to convey them to the place destined, (the Long Island,) I mean to send them there to be disposed of according to the original intention of the Assembly, and will either attend myself or appoint commissioners to treat with the Indians ; but in this, you know, it is necessary that whoever attends should be protected by the militia, and, under the present situation of affairs, it is possible my orders may not be attended to in that particular ; and however a man may submit to these things in a private character, he may be answerable to the people, at least they may judge it so, in a public situation. Therefore, without your assurances of the officers and men under your command being subject to my orders in this case, as matters stand, I think it would be imprudent in me to come over or send commissioners to treat with the Indians. Of this you will be pleased to write me the first favourable opportunity. It is my wish to come over myself, and if matters turn so that I can with convenience, it is probable I may.
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