USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 31
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Governor Sevier further writes :
WASHINGTON COUNTY, 17th October, 1785.
Sir :- Having wrote you fully, in my letter of the 14th May last, relative to the proceedings of the State of Franklin, and answered some complaints set forth in Governor Martin's Manifesto in the same, I shall now only take the liberty to inform your Excellency that our Assembly have appointed a person to wait on your Assembly, with some resolves entered into by our Legislature.
Permit me to assure your Excellency that it was not from any disgust or uneasiness that we had, while under the parent state, that occasioned the separation. Our local situation you are sufficiently acquainted with, and your Cession Act, together with the frequent requisitions from Congress, had convinced us that a separation would inevitably take place, and, at the time of our declaration, we had not the most distant idea that we should give any umbrage to our parent state, but, on the other hand, thought your Legislature had fully tolerated the separation. I am able, in truth, to say that the people of this country wish to do
318
COLONEL MARTIN TO GOVERNOR CASWELL.
nothing that will be inconsistent with the honour and interest of each party.
The people of this state regard North-Carolina with particular affec- tion, and will never cease to feel an interest in whatever may concern her honour and safety, and our hearty and kind wishes will always attend the parent state.
Before this letter was written, Governor Sevier had, in 1785 conjunction with other commissioners, under the au- ¿ thority of Franklin, already concluded a satisfactory treaty with the Indians, and felt neither the disposition nor the necessity of replying to that part of Governor Caswell's letter, which related to Indian affairs. It seems to have been wholly disregarded west of the mountains; for, in August, as had been provided for, the Assembly of Franklin met again, and legislated further in promotion of the ulterior views of the new government. At this session, a law was passed, en- couraging an expedition that was to proceed down the Ten- nessee, on its western side, and take possession of the great bend of that river, under titles derived from the State of Georgia.
In the meantime, Colonel Joseph Martin, whose name is found amongst the members of the first convention at Jones- borough, in discharge of his duty as Indian Agent for North-Carolina, had visited the Cherokee nation. Arrived at the Beloved Town, he writes to Governor Caswell, under date,
CHOTA, 19th September, 1785.
Dear Sir :- Your Excellency's favour of the 17th June, by Mr. Avery, never came to band until the 10th inst. I find myself under some concern, in reading that part wherein I am considered a member of the new state. I beg leave to assure your Excellency, that I have. no part with them, but consider myself under your immediate direction, as agent for the State of North-Carolina, until the Assembly shall direct otherwise. I am now on the duties of that office, and have had more trouble with the Indians, in the course of the summer, than I ever had, owing to the rapid encroachments of the people from the new state, together with the Talks from the Spaniards and the Western Indians.
These Talks, as further communicated by Colonel Martin, indicated renewed hostilities from several Indian tribes, in- stigated by the Spaniards, who were urging their claims to much of the western country, and to the exclusive naviga- tion of the Mississippi River.
319
ENCLOSED TALKS FROM CHOTA.
With this letter, was also sent the subjoined Talk of the Old Tassel.
CHOTA, 19th September, 1785.
Brother :- I am now going to speak to you ; I hope you will hear me. I am an old man, and almost thrown away by my elder brother. The ground I stand on is very slippery, though I still hope my eider brother will hear me and take pity on me, as we were all made by the same Great Being above ; we are all children of the same parent. I therefore hope my elder brother will hear me.
You have often promised me, in Talks that you sent me, that you would do me justice, and that all disorderly people should be moved off our lands ; but the longer we want to see it done, the farther it seems of. Your people have built houses in sight of our towns. We don't want to quarrel with you, our elder brother ; I therefore beg that you, our elder brother, will have your disorderly people taken off our lands immediately, as their being on our grounds causes great uneasiness. We are very uneasy, on account of a report that is among the white people that call themselves a new people, that lives on French Broad and Nolechuckey ; they say they have treated with us for all the lands on Little River. I now send this to let my elder brother know how it is. Some of them gathered on French Broad, and sent for us to come and treat with them ; but as I was told there was a treaty to be held with us, by orders of the great men of the thirteen states, we did not go to meet them, but some of our young men went to see what they wanted. They first wanted the land on Little River. Our young men told them that all their head men were at home ; that they had no au- thority to treat about lands. They then asked them liberty for those that were then living on the lands, to remain there, till the head men of their nation were consulted on it, which our young men agreed to. Since then, we are told that they claim all the lands on the waters of Little River, and have appointed men among themselves to settle their dis- putes on our lands, and call it their ground. But we hope you, our elder brother, will not agree to it, but will have them moved off. I also beg that you will send letters to the Great Council of America, and let them know how it is ; that if you have no power to move them off, they have, and I hope they will do it.
I once more beg that our elder brother will take pity on us, and not take our ground from us, because he is stronger than we. The Great Being above, that made us all, placed us on this land, and gave it to us, and it is ours. Our elder brother, in all the treaties we ever had, gave it to us also, and we hope he will not think of taking it from us now.
I have sent with this Talk a string of white beads, which I hope my elder brother will take hold of, and think of his younger brother, who is now in trouble, and looking to him for justice.
Given out by the Old Tassel, for himself and whole nation, in presence
. of the head men of the Upper and Lower Cherokees, and inter- preted by me.
JAMES McCORMACK.
For the Governor of North-Carolina and Virginia.
320
DISAFFECTION IN VIRGINIA.
The intelligence communicated thus by Martin to Gov. Caswell, of the hostile intentions of the Indians, and espo- cially of the policy of the Spaniards relative to their claims upon the Mississippi, had also reached the people of Frank- lin, and furnished additional arguments for a continued sepa- ration from the parent state. As the interests and dangers of the western people were peculiar, they chose to exercise the control of their own policy and means of defence, and to adapt these to the exigencies of their condition. Mutual exposure and common wants had generated a close alliance between themselves and the inhabitants of the coterminous section of Virginia ; and the contagion of independence and separation extended to Washington county of that state, and threatened the dismemberment of the Old Dominion. Patrick Henry was at that time in the executive chair, and at once communicated to the Legislature of Virginia the intelligence of the disaffection in Washington county, in the following message :
I transmit herewith, a letter from the honourable Mr. Hardy, cover- ing a memorial to Congress from sundry inhabitants of Washington county, praying the establishment of an independent state, to be bounded as is therein expressed. The proposed limits include a vast ex- tent of country, in which we have numerous and very respectable settle- ments, which, in their growth, will form an invaluable barrier between this country and those, who, in the course of events, may occupy the vast places westward of the mountains, some of whom have views in- compatible with our safety. Already, the militia of that part of the state is the most respectable we have, and by their means it is that the neighbouring Indians are awed into professions of friendship. But a circumstance has lately happened, which renders the possession of the territory at the present time indispensable to the peace and safety of Virginia; I mean the assumption of sovereign power by the western in- habitants of North-Carolina. If the people who, without consulting their own safety, or any other authority known in the American consti- tution, have assumed government, and while unallied to us, and under no engagements to pursue the objects of the federal government, shall be strengthened by the accession of so great a part of our country, con- sequences fatal to our repose will probably follow. It is to be observed, that the settlements of this new society stretch into a great extent in contact with ours in Washington county, and thereby expose our citi- zens to the contagion of the example which bids fair to destroy the peace of North-Carolina. In this state of things it is, that variety of information has come to me, stating, that several persons, but especially Col. Arthur Campbell, have used their utmost endeavours, and with
GOVERNOR HENRY'S MESSAGE TO VIRGINIA LEGISLATURE. 321
some success, to persuade the citizens in that quarter to break off from this commonwealth, and attach themselves to the newly assumed govern- ment, or to erect one distinct from it. And to effect this purpose, the equality and authority of the laws have been arraigned, the collection of the taxes impeded, and our national character impeached. If this most important part of our territory be lopped off, we lose that barrier for which our people have long and often fought ; that nursery of soldiers, from which future armies may be levied, and through which it will be almost impossible for our enemies to penetrate. We shall ag- grandize the new state, whose connexions, views and designs, we know Dot; shall cease to be formidable to our savage neighbours, or respecta- ble to our western settlements, at present or in future.
" Whilst these and many other matters were contemplated by the Executive, it is natural to suppose, the attempt at separation was dia- couraged by every lawful means, the chief of which was displacing such of the field officers of the militia in Washington county as were active partizana for separation, in order to prevent the weight of office being put in the scale against Virginia. To this end, a proclamation was Mesued, declaring the militia laws of the last session in force in that coun- ty, and appointments were made agreeable to it. I hope to be excused for expressing a wish, that the Assembly, in deliberating on this affair, will prefer lenient measures, in order to reclaim our erring citizens. Their taxes have run into three years, and thereby grown to an amount beyond the ability of many to discharge; while the system of our trade has been such, as to render their agriculture unproductive of money. And I cannot but suppose, that if even the warmest supporters of sepa- ration had seen the mischievous consequences, they would have retraced and considered that intemperance in their own proceedings, which oppo- mon in sentiment is too apt to produce."
The limits proposed for the new government of Frankland, by Col. Arthur Campbell, and the people of Virginia, who aimed at a separa- tion from that state, were expressed in the form of a constitution which Col. Campbell drew up for public examination, and were these : Begin- ning at a point on the top of the Alleghany or Apalachian Mountains, so as a line drawn due north from thence will touch the bank of New River, otherwise called Kenhawa, at the confluence of Little River, which is about one mile above Ingle's Ferry ; down the said river Kenhawa to the mouth of the Rencovert, or Green Briar River ; a direct line from thence, to the nearest summit of the Laurel Mountain, and along the highest part of the same, to the point where it is intersected by the parallel of thirty-seven deg. north latitude; west along that latitude to a point where it is met by a meridian line that passes through the lower part of the rapid of Ohio; south along the meridian to Elk River, a branch of the Tennessee; down said river to its mouth, and down the Tennessee to the most southwardly part or bend in said river ; a direct Line from thence to that branch of the Mobile, called Donbigbee ; down said river Donbigbee to its junction with the Coosawattee River, to the. mouth of that branch of it called the Hightower; thence south, to the top of the Apalachian Mountain, or the highest land that divides the
21
.82
BOUNDARIES OF FRANKLAND ..
sources of the eastern from the western waters; northwardly, along the middle of said heights, and the top of the Apalachian Mountain, to the beginning. It was stated in the proposed form, that the inhabitants within these limits agree with each other to form themselves into a free, sovereign and independent body politic or state, by the name of the commonwealth of Frankland. The laws of the Legislature . were to be enacted by the General Assembly of the commonwealth of Frankland; and all the laws and ordinances which had been before adopted, used and approved in the different parts of this state, whilst under the jurisde tion of Virginia and North-Carolina, shall still remain the rule of deci sion in all cases for the respective limits for which they were formerly adopted, and shall continue in full force until altered or repealed by the Legislature ; such parts only excepted, as are repugnant to the rights and liberties contained in this constitution, or those of the said respective states .*
The malcontents in Virginia had thus affixed such boun- daries to their proposed commonwealth, as embraced not only the people and State of Franklin, but much of the terri- tory of Virginia and the present Kentucky on the north, and of Georgia, and what is now Alabama, on the south. The western soldiery had carried their conquests nearly to those limits, and it was probably the right of conquest alone, which suggested the extent of the new state. The magnificent project of the Virginia Franks received the support of few men anywhere, and was abandoned soon after by its fried
It was not so with the revolted people of North-Carolina. They continued to exercise all the functions of an indepen- dent government, and under forms anomalous and perplexing beyond example, were adopting measures to improve and perfect their system, and maintain their integrity and separa- tion. Thus far they had legislated and administered law, had held treaties and acquired territory, under the expedient of a temporary adoption of the constitution of the parent state. It remained yet for the people to adopt or reject the form of government that had been prepared by the conven- tion to whom that duty belonged. That body, and also the Franklin Assembly, at its August session, had recommended to the people to choose a convention for the purpose of rati- fying the proposed constitution, or of altering it as they should instruct. The election was held accordingly. It is
* Haywood.
323
MR. HOUSTON'S FORM OF A CONSTITUTION. -
not known who were the deputies chosen. The names of nineteen only of them have been preserved. They are Da- vid Campbell, Samuel Houston, John Tipton, John Ward, Robert Love, William Cox, David Craig, James Montgomery, John Strain, Robert Allison, David Looney, John Blair, James White, Samuel Newell, John Gilliland, James Stuart, George Maxwell, Joseph Tipton and Peter Parkison. These are found signed to a protest against part of the proceedings. The convention was probably larger than either of those previ- ously held. The form of government that had been prepared for the consideration of the people, had excited acrimonious debates and great contrariety of opinion. Some of its pro- visions being novel, were viewed as innovations upon the law and usages to which the voters were accustomed. In- structions were poured in upon the convention from all parts of the country in opposition to the exceptionable clauses. Such diversity of opinion existed as to cause its immediate rejection.'
In their deliberations on a subject so new to most of the members, and in the details of which few in the country had either knowledge or experience to direct them, many propo- sitions were made and suggested for examination merely, which were afterwards withdrawn by the movers themselves.
In anticipation of the meeting of this convention, Mr. Houston "had, with the advice and assistance of some judi- cious friends, prepared in manuscript A Declaration of Rights and a Constitution, made by the representatives of the free- men of the State of Frankland, which being read on the first day of the meeting, he moved that it be made the platform of the new constitution, subject to such alterations and amendments as a majority might think proper. Another member moved that the Rev. Hezekiah Balch, a spectator, but not a member, should have leave to offer some remarks upon the subject ; which being granted, Mr. Balch animad- verted severely upon the manuscript constitution, as prepared and read by Mr. Houston, and especially upon the section of it respecting an Institution of learning. As already men- tioned, the Frankland Constitution was rejected by a small
324
FRANKLAND CONSTITUTION REJECTED.
majority. The president, General Sevier, then presented the constitution of North-Carolina, as the foundation of that of the new state. A majority of the house sustaining this proposition, they proceeded to remodel the North-Carolina Constitution, making only a few necessary alterations. This was, in a short time after, adopted by a small majority."
" A variety of names was proposed for the new common- wealth. Some were for calling it Franklin, in honour of Benjamin Franklin, of Philadelphia ; others Frankland, as the land of freemen. But it was decided by a majority (small) in favour of calling it Franklin."*
The rejection of the Frankland Constitution induced its friends to have it published with an explanatory Introduction, written by some of the minority. At the same time there was published a pamphlet, on the "Principles of Republican Government, by a Citizen of Frankland." These publications were made at the instance and expense of the Frankland Commonwealth Society. Francis Bailey, of Philadelphia, was the printer. Of this society, Mr. Houston was an active member.t
Some proceedings of this convention are found published as a preface to the Declaration of Rights and Constitution as presented to the convention, and afterwards published in pamphlet form. They are copied.#
. Letter of Rev. Samuel Houston, of Rockbridge, Va., March 20, 1838, to this writer.
t Several years since, this writer, in a communication addressed to Hon. Mitch- ell King, of Charleston, S. C., and extensively published in the Courier and else- where, vindicated at some length, his own accuracy in calling the new stato Franklin, and not Frankland, as adopted by several writers and some historians. It is deemed unnecessary to extract, here, a line from that communication or to re- new the argument, as almost every original letter and official paper published in these sheets fortify and authorize his position, and furnish irrefragable proof of its correctness. The question is no longer debatable.
# This pamphlet is out of print, and cannot now be found. For the copy here republished, and believed to be the only one extant, I am indebted to the late Col. Geo. T. Gillespie. It was found amongst the papers of Landon Carter, deceased, Secretary of State under the Franklin Government. The pamphlet is, in some places, so worn as to be almost illegible, and one page, at least, is wanting.
325
DECLARATION OF RIGHTS.
A DECLARATION OF RIGHTS,
MADE BY THE REPRESENTATIVES OF THE FREEMEN OF THE STATE OF FRANKLAND.
1. That all political power is vested in and derived from the people only. 2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.
8. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services.
4. That the Legislative, Executive and Supreme Judicial powers of government ought to be forever separate and distinct from each other.
-
6. That all powers of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
6. That elections of members to serve as representatives, in General Assembly, ought to be free.
7. That, in all criminal prosecutions, every man has a right to be informed of the accusation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evi- dence against himself.
8. That no freeman shall be put to answer any criminal charge but by indictment, presentment, or impeachment.
9. That no freeman shall be convicted of any crime but by the unan- imous verdict of a jury of good and lawful men, in open court, as here- tofore used.
10. That excessive bail should not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.
11. That general warrants, whereby an officer or messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
12. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
18. That every freeman, restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed.
14. That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
15. That the freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained.
16. That the people of this State ought not to be taxed, or made subject to payment of any impost or duty, without the consent of them- selves, or their representatives, in General Assembly, freely given.
.
3.26
FRANKLAND CONSTITUTION.
17. That the people have a right to bear arms for the defence of the State ; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
18. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances.
19. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences.
20. That, for redress of grievances, and for amending and strength- ening the laws, elections ought to be often held.
21. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.
22. That no hereditary emoluments, privileges, or honours, ought to be granted or conferred in this State.
23. That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.
24. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppres- sive, unjust, and incompatible with liberty; therefore no ex post facto law ought to be made.
THE CONSTITUTION OR FORM OF GOVERNMENT
AGREED TO AND RESOLVED UPON BY THE REPRESENTATIVES OF THE FREEMEN OF THE STATE OF FRANKLAND, ELECTED AND CHOSEN FOR THAT PARTICULAR PURPOSE, IN CONVENTION ASSEMBLED, AT GREENE- VILLE, THE 14TH NOVEMBER, 1785.
This State shall be called the Commonwealth of Frankland, and shall be governed by a General Assembly of the representatives of the freemen of the same, a Governor and Council, and proper courts of jus- tice, in the manner following, viz :
Section 1. The supreme legislative power shall be vested in a single House of Representatives of the freemen of the commonwealth of Frank- land.
Sec. 2. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen equally and adequately according to the number of freemen in the com- monwealth ; provided when the number amounts to one hundred it shall never exceed it, nor be ever afterwards reduced lower than eighty, and every county shall annually send the number apportioned to it by the General Assembly.
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