USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 35
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354 THE REMOVAL OF OLD OFFICE HOLDERS, DRAWS
His speech was heard with attention, and he retired.
The Assembly progressed in deliberating on the measures to be adopted with respect to the revolted counties. By another act of this session, they pardoned the offences of all persons who had returned to their allegiance to the State of North-Carolina, and restored them to all the privileges of the other citizens of the state, as if the said offences and misconduct had never existed. With regard to decisions respecting property, which were incompatible with justice, they enacted, that the person injured should have remedy at common law. They continued in office all officers, both civil and military, who held and enjoyed such offices on the 1st of April, 1784; but declared vacant the offices of all such persons as had accepted and exercised other offices and appoint- ments, the acceptance and exercise of which were considered to be a resignation of their former offices held under the State of North-Caro- lina; and they directed'that such vacant offices, both civil and military, shall be filled with proper persons to be appointed by the General Ar- sembly, and commissioned by the Governor of North-Carolina, as by law directed .*
The latter provisions of this act produced great dissatis- faction amongst the people upon whom it was intended to operate. The old office holders were capable, they had been faithful, and their experience and attention to official duty had secured universal confidence and approbation These, upon whom the new appointments were conferred, were many of them non-residents, inexperienced and not reliable, selected by the favouritism of some functionary in the old state, and, for that reason, odious to the people. Their ap- pointment was denounced by and drew forth the bitter con- demnation of some of both parties. The temper of the com- plainants is seen in the letter following, from Judge Camp- bell to the Governor.
STATE OF FRANKLIN, -
Caswell County, March 18th, 1787.
May it please your Excellency :
I was honoured with yours of the 23d of February, for which I beg you to accept of my most cordial acknowledgments. The majority of the people of Franklin proclaim, with a degree of enthusiastic zeal, against a reversion to your state. Indeed. I am at a loss to conjecture whether your Assembly wished us to revert ; if so, why did they treat the old faithful officers of this country with so much contempt ? Officers who have suffered in the common cause, who have been faithful in the discharge of the trust reposed in them, have been displaced, without even the formality of a trial. Representations by a few malcontents
* Haywood.
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855
FROM JUDGE CAMPBELL A FURTHER REMONSTRANCE.
& have been the cause of such proceedings, but surely it was a .ipopolitic step. If the old officers, who were the choice of the la and under whom they have long served, had been continued, I t not but all things would have been settled here, agreeable to the sanguine wish of your General Assembly ; but such infringements wo Liberties and privileges of a free people will never be attended may salutary consequence. I also blame the law, which passed in Assembly, to enable the people here to hold partial elections. If i. intended to divide us, and set us to massacreing one another, it toll concerted, but an ill-planned scheme, if intended for the good L. The great number of warrants which issue from your entry- 's office, without the composition money being paid, is a very great ind will tend exceedingly to embarrass this country. But I under- your Assembly have put a stop to such unfair proceedings. You lob, if the people here could be brought to agree in making a application to the Legislature of North-Carolina, the desired I might easily be brought about. Human nature is the same in all ries. To expect to bring a people, cordially and unanimously, to i even the most salutary measure, is not to be expected, and they nost assuredly be refractory to doubtful and exceptionable plans. . people here-for I have been in public assemblies and made it asiness to collect their sentiments-dread the idea of a reversion. tay, if North-Carolina is in earnest about granting them a separa- why not permit them to go on as they have begun, and not involve .in inextricable difficulties, by uudoing the work of two or three pest! They made offers by their agent, which they think was rable to your country; but they rejected it with contempt. I Rhe bill offered by General Rutherford to your Assembly, in behalf people. What conditions, say they, would North-Carolina extort were we under their laws and immediate influence? Indeed, and is filled with painful anxiety for this people ; the sword of jus- nd vengeance will, I believe, be shortly drawn against those of this ry who attempt to overturn and violate the laws and government unklin, and God only knows what will be the event. If any blood is on this occasion, the act for, partial elections from your country will be wbse of it ; and I am bold to say, the author of that act was the w of much evil. That your Excellency may not be in the dark : the spirit and determination of a great majority of these people, sporting, maintaining and defending their beloved Franklin, I shall you a brief and concise detail of what has transpired here since the if our memorial and personal application to the Legislature of "-Carolina has been announced to us. Pains were taken to col- the wishes of the people respecting a reversion ; many, who were wy lukewarm, are now flaming patriots for Franklin. Those who real Franklinites, are now burning with enthusiastic zeal. They tat North-Carolina has not treated us like a parent, but like a step- i. She means to sacrifice us to the Indian savages ; she has broke Id officers, under whom we fought and bled, and placed over us ' mon unskilled in military achiev chents, and who were none of our . The General Assembly has been convened and steps were taken for
866
AUTHORITY OF FRANKLIN IN GREENE COUNTY.
our internal security, with a degree of unanimity never before known in a deliberative assembly. A treaty is set on foot with the Indians. The land office, as opened to the Tennessee from the south side of French Broad and Holston Rivera, did not interfere with the north side, where your odes was opened, and cautiously avoided interfering with the rights of Con- gross. You may judge from the foregoing whether these people are in campest or not. You must not conclude we are altogether unanimous, but, I do sesure you a very great majority, perhaps nineteen-twentieths, seem determined to persevere at all hazards. I make no doubt but your Excellency will use your influence to bring matters to a friendly and advantageous issue for both countries. Nothing that the love of hu- manity can inspire me with, shall be wanting on my part.
The Legislature of North-Carolina, at the same session when this obnoxious act was passed, adopted the concilia- tory measure of relinquishing to the citizens of the revolted counties all the taxes due and unpaid since 1784. This, with the act of pardon and oblivion for such as should return to their allegiance to North-Carolina, had the desired influence upon a part of the disaffected. Commissions were sent to and accepted by several in Washington, Sullivan, and Haw- kins counties, as justices of the peace, under the authority of the old state, and by them courts were held and law ad- ministered, as though the State of Franklin did not exist. In Greene county, and the new counties below it, men could not be found willing to accept the offered commissions. There the authority of Franklin was supreme, and there ( was no conflict of jurisdiction. It was very different
1787 ( elsewhere, and especially in Washington county. Pre- vious to the revolt, courts had been held at Jonesboro', and had afterwards been held at the same place under the new government. Now, when the sentiment of allegiance to North-Carolina had, in some measure, become general, the newly appointed magistrates, as directed by law, opened and held their courts at Davis's, ten miles above Jonesboro', on Buffalo Creek. The partizans of one government quarrelled with those of the other. The officers of each, in discharge of official duty, came into conflict with the authority of the rival government. The animosity, thus engendered, became the more acrimonious, as this county was the residence of Governor Sevier, and also of Col. John Tipton, who, though at first a leader in the revolt, had now become promi-
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GEN. SHELBY HOLDS A CONFERENCE WITH GOV. SEVIER. 357
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nent at the head of the old state party. These two, alike brave, ambitious and patriotic, and champions of their re- spective adherents, kept the people in a constant tumult, each, alternately, breaking in upon and interrupting the courts and jurisdiction of the other. The horrors of a fra- tricidal conflict seemed inevitable, and measures were adopt- ed by both parties to allay the agitation and restore quiet. General Rutherford had introduced before the Legislature of North-Carolina a measure of conciliation, that would have been acceptable to the malcontents beyond the mountain, but it was instantly rejected. The mission of General Cocke, and the pacific overtures of Judge Campbell, had been abor- tive and unsuccessful. As a dernier resort, negotiation was attempted, to reconcile the conflicts of interests and of feeling between the two states. Who should be the negotiator ? An Officer of the old state ? The opposition to such an one, was at one time a mere prejudice-it had now become a senti- ment of inappeasable malignity, and no offers of compromise from him could be for a moment entertained. Policy dicta- ted that he should be selected from the western people them- selves, and that he should be one who, from his past position, was identified, in all his sympathies and interests, with the West. General Evan Shelby, high in the confidence of his Countrymen everywhere, remarkable for his probity, can- dour, good sense and patriotism, was requested by Gov. Cas- well to take charge of this delicate negotiation ; and, in con- Junction with others, whose assistance he solicited, met a Commission from the State of Franklin, on the 20th day of March, 1787, at the house of Samuel Smith. At this con- ference Gov. Sevier represented his own government, aided by such of its friends as he chose to invite. The result of their mutual efforts to accommodate existing difficulties, and to prevent the occurrence of those of greater magnitude, now co rastantly apprehended, was given in the letter following, from General Shelby to Governor Caswell :
SULLIVAN COUNTY, March 21st, 1787.
Dear Sir :- Your letter, and the packets which you were pleased to forward by your son, I have received, and the commissions to the several counties belonging have been forwarded, except those to the county of
358
TERMS OF THE COMPROMISE.
Greene, yet in my hands, not well knowing who to direct them to. The proclamations have been disposed of accordingly. I have held a confe- rence with Mr. John Sevier, Governor of the Franklin people. The enclosed is a copy of what was there concluded between him and ma It is submitted to the .legislature. The people of Franklin have lately held an Assembly for their state, and have passed a bill for opening sa office for to receive entries for the lands included between French Broad and Tennessee Rivers. Also, they have laid a land and poll-tax on the peo- ple. Conformable to the commissions for the peace sent up, courts of pleas, &c., have been held in the counties of Washington, Sullivan and Hawkins, without any opposition. Many people are firmly attached to North-Carolina ; others are as obstinate against it ; however, it is to be hoped that time and reflection will restore them friendly to North- Carolina.
The animosities arising from difference of opinion in government among our people here, have run high. To quiet the minds of the people, and preserve peace and tranquillity till something better could be done, was the reason that induced me to hold a conference and con- clude on the articles enclosed. I would be much rejoiced. if, as you mention, you would think, in earnest, to come and live among us. You might do much here.
CONFERENCE AT SMITH'S.
" At a conference held at the house of Samuel Smith, Esquire, on the 20th day of March, 1787, between the Honourable Evan Shelby, Esquire, and sundry officers, of the one part, and the Honourable John Sevier and sundry officers, of the other part. Whereas, disputes have arisen concerning the propriety and legality of the State of Franklin, and the sovereignty and jurisdiction of the State of North-Carolina over the said state and the people residing therein.
" The contending parties, from the regard they have to peace, tran- quillity and good decorum in the Western country, do agree and recom- mend as follows :
" First. That the courts of justice do not proceed to transact any busi- ness in their judicial departments, except the trial of criminals, the proving of wills, deeds, bills of sale, and such like conveyances ; the issuing of attachments, writs and any legal process, so as to procure bail, but not to enter into final determinations of the suits, except the parties are mutually agreed thereto.
"Secondly. That the inhabitants residing within the limits of the dis- puted territory are at full liberty and discretion to pay their public taxes to either the State of North-Carolina or the State of Franklin.
"Thirdly. That this agreement and recommendation continue until the next annual sitting of the General Assembly of North-Carolina, to be held in November next, and not longer. It is further agreed, that if any person, guilty of felony, be committed by any North Carolina jus- tice of the peace, that such person or persons may and shall be received by the Franklin sheriff or gaoler of Washington, and proceeded against in the same manner as if the same had been committed by and from any such authority from under the State of Franklin. It is also recom- mended, that the aforesaid people do take such modes and regulations,
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359
A TEMPORARY QUIET RESTORED.
and set forth their grievances, if any they have, and solicit North-Caro- lina, at their next annual meeting of the General Assembly, for to complete the separation, if thought necessary by the people of the Western country, as to them may appear most expedient, and give their members and representatives such instructions as may be thought most conducive to the interest of our Western World, by a majority of the same, either to be a separate state from that of North-Carolina, or be citizens of the State of North-Carolina.
. " Signed and agreed, on behalf of each party, this day and year above written. EVAN SHELBY, JOHN SEVIER."
A temporary quiet succeeded this compromise, and the peo- 1787
ยง ple having the right of paying their taxes, and of owing allegiance to either of the rival governments, at their own option, the jurisdiction of both was for a time co-ordi- nate. No better proof need be adduced that the inhabitants of the disaffected country were law-abiding, honest, just, and peaceable, than their demeanour under this unwonted condi- tion of questionable allegiance. Anywhere else, anarchy, misrule, tumult and violence, would have followed. Preva- - lent sentiment was, amongst these primitive people, essen- tially the law, and had the validity and force of legislative authority. Popular opinion was radically sound. It was in favour of right and justice. The people bowed to its supre- macy, and paid allegiance to its mandates. They needed no other tribunal.
Still, a wound had been inflicted upon the dignity of the parent state, and there were not wanting men in the coun- try, willing to appease her wrath, and make an atonement for the indignity and injury she had received. These, finding faxalt with and condemning the acts of the new state, re- Ported its wrong doings to Governor Caswell. They were cl amorous about trespasses committed upon Cherokee terri- tory, by the intruding "Franklinites," and foreboded what really took place, a renewal of Indian aggression upon the settlements, if these were not restrained. Such is the im- port of the letter following :
CHOTA, 25th March, 1787.' Sir :- At my arrival in this place, I found the Indians in greater confusion than I had ever seen before, owing in part to Colonel John Lo- gan's expedition against them, together with daily encroachments of the
860
COLONEL MARTIN TO GOVERNOR CASWELL.
Franklintons on their lands. They have actually opened a land office for every acre of land that the Legislature of North-Carolina ceded tu them north of the Tennessee, which includes several of their principal cornfields, and a part of their beloved town, Chota, and the whole towa of Rial, and are now settling on the banks of the river .. I this day finished a Talk with the Indians, a copy of which I enclose to your Ex- cellency. Three letters have lately been brought to the different townes and read, from the French at the Muscle Shoals, which inform the Indian that the English, French and Spanish, have actually joined to carry on0 & war against America ; that the Americans have stopped their trad_ from Detroit, by seizing several of their boats on the Mississippi ; theast they will not undertake to furnish them in future with anything bucat guna, knives, tomahawks, and ammunition ; of these articles they shall have plenty. Various are the conjectures of the traders respectingg war with the Cherokees. My opinion is, there will be a great deal of mischief done, if not an open war, unless the Franklinites can be reeracre- moved off their land; which, I am well assured, cannot be done withour ces an armed force.
Another writer, under date March 26th, of this year, in cor in- forms the governor, " Politics in this part of the country ran high. You hear in almost every collection of people No frequent . declarations of hurrah for North-Carolina I ance and others in the same manner for the State of Franklin." "The the Franklin . Assembly have passed their act to punish, byzdoby imprisonment, any person that shall act in the commission Da of justice of the peace or other civil office, under the as- sumed authority of North-Carolina. God only knows wherere this contention will end. I fear it will end in blood."
Governor Caswell received another letter of still more por
tentous import, from an accredited agent, who had been sent- at to spy out the real condition of affairs in his trans-montane territory. In his tour of observation, he seems to have de- tected not only infidelity on the part of the people of Frank- lin to North-Carolina, but "a tendency to dissolve the federal bands." He is the first to advise " the interference of go- vernment" to suppress the insurgents.
COL. HUTCHINGS TO GOV. CASWELL :
HAWKINS COUNTY, the 1st April, 1787. Sir :- I received your Excellency's letter of the 27th Feb., 1787, with the enclosed papers and others forwarded ; and in compliance with the contents, I give you a statement of the proceedings in this quarter, as you signified a desire to know how the laws and a return to the old go- vernment set on the minds of the people. I find in the county of Greene the people are much divided. In the other three counties, about two- -
861
GOVERNOR CASWELL TO GOVERNOR SEVIER.
thirds are much pleased with the laws and a return to the old govern- ment. The commissions and appointments are generally received. The people on the Indian hunting grounds, I learn, are very obstinate, and I suppose will pay little or no respect to your Excellency's proclamation for their removal. The Franklin party yet persist, and seems to impede the progress of civilization and retard the operation of the most salutary laws. They have lately held an Assembly and passed several acts, and seem vigorous in executing them. They have opened an office for the lands south of French Broad to the banks of Tennessee River. The land is to be sold at forty shillings per hundred acres. the first ten shillings in hand, and two years credit for the other thirty shillings. This unites the inhabitants of those lands to their party ; and in order to frighten others into a compliance with them, the Assembly have passed an act to fine and imprison any person who shall dare to act under the authority of North-Carolina :- for the first offence five pounds ; a second offence, ten pounds and a year's imprisonment; and the governor at his discretion to summon a guard over them, which guard are to be paid out of the property of the offender. They have also empowered the governor to raise the militia to oppose the operation of the laws of North-Carolina, who are now enlisting and giving four hundred acres of land bounty. This is under a colour of guarding the frontiers. Should they offer any insult to the civil authority. I expect it will be difficult to prevent an effusion of blood. I think your Excellency will readily see the necessity of the interference of government ; and unless those people are entitled to exclusive and separate emoluments from the rest of the com- munity, they ought, certainly, to be quelled. If we are in our allegiance, protection ought to be reciprocal. I, therefore, give it as my opinion, that it is highly necessary that notice should be taken of the conduct of those people, as there are many plans and matters agitated by them, which seem to have a tendency to dissolve even the federal bands. Seve- ral letters I have in my possession, which can be spoken of no other way. A few lines from your Excellency, with your advice how to conduct myself in this unhappy dilemma, would be most thankfully received.
The Governor of North-Carolina thought proper, after the adjournment of its legislature, to communicate directly to Jo v. Sevier, the proceedings of that body in reference to the BVolters. It follows :
KINSTON, 23d February, 1787.
Sir :- I was favoured with your letter of the 28th of October, on the Ibject of a separate and independent government on your side of the pelachian, which I did myself the honour of laying before the Gene- Assembly. Their resolutions and determinations on that subject, I ad flattered myself it would be in my power to have forwarded you ppies of, by this time. It must, therefore, suffice, that I acquaint you for the present, that the Assembly, from the representation of persons from among yourselves, was induced to believe it was proper for the peo- ple to return to subjection to the laws and government of North-Caro- ana; that they are not yet of strength and opulence sufficient to sup-
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362
REPLY OF GOVERNOR BEVIER.
port an independent state; that they, the Assembly, wish to continue the benefits and protection of the state towards them, until such tim as their numbers and wealth will enable them to do for themselves when they, the Assembly, are free to say, a separation may take place co. In the meantime, the most friendly intercourse between the citizens the eastern and western waters, is strongly recommended; and as the people westward of the Apalachian have received no benefit from Go-to- vernment for the two years last past, they are willing to exempt them from the payment of the public taxes.
Thus, sir, you have in substance, as far as I recollect, the amount of the proceedings of the Assembly, save the appointment of civil ancmend military officers for the three old and a new county ; the brigade to - be commanded by Evan Shelby, Esq. In the civil department, Judge go Campbell is re-appointed; and the representatives carried out commisti- sions for the county officers, civil and military. I have not a doubt, bur out a new government may be shortly established, if the people wouldald unite, submit to the former government, and petition for a separationCon. This, I think, is the only constitutional mode, and I firmly believe, . if pursued, will be a means of effecting the separation on friendly term " Which I much wish ; and I cannot say but I have my own satisfaction on in view, as I expect, if life and health and strength last, to lay my bones on the western waters. Twelve months will bring about a ret lease to me from public employment, and it is my intention then to visk that country once more; and if I can find a place, to secure an agreeable private retreat for the remainder of my life, I mean to establish it the place of my residence. I wish you and your friends to consider the 0 propriety of these measures, and if you think proper to adopt them. you will. I think, answer your views with respect to a new government and come a shorter way to obtain the same, than by divisions among ' yourselves ; for there will be greater obstructions in your way than those occasioned by the mere opinion of the people here. These are my candic sentiments. I may be mistaken, but time will evince the propriety of otherwise, of my observations.
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