USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 40
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401
DECLINE OF THE FRANKLIN GOVERNMENT.
ance was matured between them and Georgia, alarmed the Federal Government, then negotiating with Spain. The War Office at once directed General Harmar to institute the strictest enquiry into the subject. No formal conspiracy could be detected. Those engaged in it, were probably too few, and the embarrassments nearer home too pressing, to al- low the execution of their plans, which, under other circum- stances, they could have easily effected. Cumberland, Ken- tucky and the whole West, could have co-operated in prevent- ing the occlusion of the Mississippi River against their com- merce. The inhabitants left the subject to the negotiation . of the Federal Government, and chose not to disturb its foreign relations.
Having thus presented in detail the foreign affairs of the State of- Franklin, we return to its domestic transactions. Pending the negotiations for obtaining auxiliaries from abroad, the new government was every day losing an ad- herent at home, who, by transferring his allegiance to North- Carolina, sensibly diminished the influence and authority of Sevier. In 1787, there scarcely remained in the Common- wealth of Franklin vitality enough to give it a nominal ex- istence ; its substance and strength were absorbed into the Carolina Regime, and the pangs of political annihilation ha- ving thus come, little more was left of the skeleton of the government, than its head. That still, under all the debility which affected the body, retained its wonted vitality and vi- gour. The Council of State had participated in the general disaffection, and some of its members had accepted office un- der North-Carolina, while others had failed to meet their colleagues in the Board, or had formally withdrawn from it. The judiciary, in its highest department, was annihilated by the election of Judge Campbell to a seat in the Tarborough Legislature, by which he was soon after appointed Judge of the Superior Court for the District of Washington, at Jones- boro'. The Legislature of Franklin suffered also from the prevalent disintegration, and manifested a strong tendency to dismemberment. From some of the old counties there was no representation, while the delegates from others exhi- bited indecision or discordance. In September, of this year,
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402
LAST FRANKLIN LEGISLATURE
a quorum was got together, and constituted, at Greeneville, the last session of the Legislature of Franklin. Of this body, John Menifee was Speaker of the House of Representatives, and Charles Robinson, Speaker of the Senate. Their legis- lation was chiefly confined to unimportant amendments of the laws of North-Carolina. ' The Governor was scarcely able to secure the passage of an act, to provide ways. and means to carry into effect his negotiation with Georgia, and for descending the Tennessee River with his troops, and ta- king possession of its Great Bend. This bill was passed by a compromise. The quid pro quo given to the dissentients, was the appointment of two delegates, to attend the Logis- lature of North-Carolina, to make such representations. of the affairs of Franklin as might be thought proper. Under this final adjustment, Judge Campbell and Landon Carter were elected delegates-the former of whom, as has been already stated, was, at the same time, a member of the Tar- borough Assembly. The Greeneville Legislature also passed an act, creating a land office in Franklin, with a provision, that peltry should be taken by the Entry-taker instead.of money.
It is not known that the State of Franklin issued grants for lands. It had acquired by treaty with the Cherokees, the country south of French Broad, and west of Pigeon. It is probable that only incipient measures were adopted for ap- propriating it to specific purchasers. Each county had its Entry-taker's office, and its Surveyor.
A copy follows, of a Franklin Land Warrant :
STATE OF FRANKLIN, OASWELL COUNTY, No. 17, April 20, 1787.
To the Surveyor of said County, GREETING :
WHEREAS, James Ruddle hath paid into the Entry-taker's Office of this County, ten shillings, . for one hundred acres of land in said County ; you are hereby required to receive his location for the same, and to lay off and survey the above quantity of land, and make return thereof to the Secretary's Office, agreeable to law.
Given under my hand, at office, this 20th September, 1787. JOHN SEHORN, E. T.
No grant has been found on record, conveying land from the State of Franklin. Indeed, few of its official papers have survived the ravages of time, and the accidents to
403
INCREASING DEBILITY OF FRANKLIN.
which the partizan and rival conflicts, of the respective offi- cers of the old and new jurisdiction, exposed them. It is tradition, that one of the married daughters of Governor Se- vier concealed them, on one occasion, in a cave. A portion of the Docket of Washington County Court, now before this writer, seems to have undergone such an exposure. From one of its mutilated pages, he is able to decipher :
"On motion being made by the Attorney for the State, and at the same time exhibited a handbill containing an 'Ad- dress to the Inhabitants of Frankland State,' under the sig- nature of a citizen of the same, the Court, upon the same being read publicly in open Court, adjudged it to contain treasonable insinuations against the United States, and false, ungenerous reflections against persons of distinction in the Ecolesiastic department, fraught with falsehood, calculated to alienate the minds of their citizens from their government, and overturn the same.
"Upon mature deliberation, the Court condemned said handbill to be publicly. burned by the High Sheriff of the County, as a treasonable, wicked, false, and seditious libel."
The defection had, in the meantime, extended further, and embraced the State Council. Its members were the last to yield to the force of that current in public affairs, which but too plainly they saw, was now setting against Franklin. They all continued the faithful and steadfast friends of Sevier. But the legislature, session after session, became smaller and smaller, and confining its action to subjects of immediate importance and urgency, failed to elect the State Council, and the Governor was left " alone in his glory." Some of the old Board, though no longer his constitutional advisers, dissuaded him from further effort to perpetuate the new go- vernment, and advised him to yield to the necessity which portended its fate, and threatened to overwhelm its Execu- tive. Vestige after vestige of Franklin was obliterated; its judiciary was gone ; its legislature reduced to a skeleton ; its council effete, defunct, powerless; its military disorga- mized, if not discordant ; and its masses confused and dis- tracted, with no concert and unanimity among themselves.
Distraction extended likewise to the lower judicial tribu-
404
CIVIL DISTURBANCES-ANIMOSITY
nals of Franklin. Discordant elements were found amongst the magistrates composing its county courts. The Franklin courts elected one set of county officers, while another set were chosen by such of the justices as had accepted commis- sions from North-Carolina. This conflict of jurisdiction was succeeded, in some instances, by unpleasant results. The possession of the records was, of course, desired by each in- cumbent. Force and stratagem were resorted to by both parties to obtain them. Courts were held in different places, and an unarmed body of men would suddenly enter the court- house of the adverse party, seize its- records, and bear them off in triumph. An effort would then be made to regain them. A scuffle would ensue, ending sometimes in a gene ral fight. Scenes of disorder took place, which were gene -_ rally sources of merriment and pleasurable excitement, rather than causes of settled malice or revenge. The par- ties separated, and soon after were friends. In Washington county, however, the dispute became acrimonious, and at length generated a feeling of inappeasable malignity between the leaders of their respective parties. From the commence- ment of the Franklin revolt, this county had been the seat of a central influence, which, while it remained united, was able to repress any opposition to its authority. That central power was represented by two very numerous and most re- spectable families, the leading members of which were John Sevier and John Tipton-each alike brave, patriotic and ambitious. Each had been distinguished by martial ex- ploits and patriotic services in civil life. They had con- quered together at King's Mountain, and co-operated to- gether, harmoniously, in all the incipient measures of the insurrectionary government. On one occasion, as has been mentioned, when Sevier hesitated and dissuaded from sepa- ration, Tipton was decided in support of that measure. Tip- ton became an officer under the new government. Sevier was its Governor. After the repeal of the Cession act, the former returned to his allegiance to the parent state, and was now a member of its legislature; the latter main- tained his opposition to it. They were now implacable en- mies. Each of them had political adherents and personal
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BETWEEN GOVERNOR SEVIER AND COLONEL TIPTON.
405
riends. Neither of them had a personal enemy. Each of hese leaders, it is reasonable to suppose, felt the ambition to upplant his rival, and prevent his supremacy.
The Legislature of North-Carolina, at its session of this 787 year, continued and extended its. conciliatory policy towards the western people. The former acts of ardon and oblivion to such as had been engaged in the re- olt, were re-enacted, and those who availed themselves of he advantages specified therein, were restored to the privi- ages of citizens. Suits were dismissed, which had been nstituted for the recovery of penalties or forfeitures incurred y a non-compliance with the revenue laws, and those who ad failed to list their property for taxation, for the current ear, were allowed three months longer in which to comply with the law. These pacific and satisfactory measures were uggested and supported by the delegates from the western counties, then members of the North-Carolina Legislature, ad went far to remove the remains of discontent and uiet the complaints of the citizens.
The Governor of Franklin still retained his elastic and anguine temper. As late in his administration of Frank- In, as January 24, 1788, Governor Sevier continued to nspire his adherents with hope. Under that date he Frites to-
LOW. GENERAL KENNEDY :
Dear Sir :- I have, lately, received some favourable news from Doc- w Franklin, and other gentlemen ; also, am happy to inform you that find our friends very warm and steady-much more so than hereto- wre. My son can inform you of some late particulars. Any thing Laterial your way, will thank you for a sketch of it by my son.
I am, sir, your most obdt.,
JOHN SEVIER.
" Very warm and steady" were, indeed, the friends of ohn Sevier, but not of the Governor of Franklin, now totter- ng into ruins. In little more than one month, Franklin had eased to be.
At the return of the members, early in January of this 788 ( year, from Tarborough, it was announced that the parent state had no intention of acceding to the niews of those who favoured the establishment of the Franklin.government.
406
GOVERYOR SEVIER MARCHES AGAINST TIPTON,
The County Court of Washington still held its sessions at Davis's, under the authority of North-Carolina; that of Franklin, at Jonesboro'. Of this court, James Sevier, a son of the Governor, was clerk. Of the court at Davis's, John Tipton was clerk. An extract from his docket is here given :
" 1788, FEBRUARY TERM .- Ordered-That the Sheriff take into cus- tody the County Court docket of said county, supposed to be in posses- sion of John Sevier, Esq, and the same records bring from him or any" other person or persons in whose possession they now are or hereafter shall be, and the same return to this or some succeeding court for said ... county."
A fit opportunity soon after occurred, of'testing the supre- macy of the new and old dynasty. We copy from Hay- wood :
A fieri facias had issued in the latter part of the year- 1787, and had been placed in the hands of the sheriff, to be .executed against the estate of Governor Sevier, in the carly part of 1788. The sheriff, acting under the authority .of North-Carolina, by virtue thereof, seized all or the greater = part, of Governor Sevier's negroes, to satisfy it, and removed them, for safe keeping, from his farm, on Nollichucky River, to the house of Colonel Tipton. Sevier was, at this time, on the frontiers of Greene county, devising means for defending the inhabitants against the incursions of the Indians, whose conduct of late, had given room for the apprehension of a formal renewal of hostilities. Hearing of the seizure of his negroes by virtue of an unlawful precept, as he deemed it, and by an officer not legally constituted, he resolved imme- diately to suppress all opposition to the new government of Franklin, and to punish the actors for their audacity. He raised one hundred and fifty men, principally in Greene county, but partly in Sevier, and what is now called Blount and marched directly to Tipton's house, near to which he arrived in the afternoon. Not more than fifteen men of Tip- ton's party were then with him. Sevier halted his troops two or thre hundred yards from the house, on a sunken piece of ground, where they were covered from annoyance by those in the house. Sevier was also incited to action by another incident. Tipton, it was said, in order to get possession of
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407
AND BESIEGES HIM IN HIS OWN HOUSE.
person, had collected a party of his adherents, some time ore, and had sent them off with orders to make Sevier a loner. The latter happened to be on the frontiers, and ton's emissaries missed their aim. When Sevier came se and was informed of this attempt, he burned with gnation at the ingratitude of it, and at the unrelenting per which he considered to have prompted it. Hence, received an additional motive to action, and resolved, in 1, to look for the Saul who searched for him in all the s and hiding places of the country. Tipton had gained le intimation of Sevier's design, and had but just time to for the aid of fifteen of his friends, who were with him he time of Sevier's arrival. With them he kept posses- i of his house, and barricaded it against the expected wilt, as well as he could, and, with undismayed steadiness, ted the arrival of the Governor. The house of Colonel ton was on Sinking Creek, of Watauga River, eight or miles east of Jonesboro'. The Governor was not dila- in making his appearance. He presented himself and troops, with a small piece of ordnance, and took post in it of the house. He demanded the unconditional surren- of Tipton, and of all who were with him in the house. ton, with the earnest language which he sometimes em- red on emergent occasions, sent word to him " to fire and lamned." He sent to Tipton a written summons. This, h a letter calling for assistance, Tipton immediately sent Jolonel Maxwell, of Sullivan, who was commandant of tia in that county, and a representative of the county in General Assembly of North-Carolina. For some time, ton would not permit any communication with Sevier. ly the next day, however, he consented that Robert Love, uire, one of the fifteen who had come to his assistance ht correspond with him. Mr. Love wrote to him through medium of his own flag, and directed his letter to Colo- 'Sevier. In reply, it was said, that Colonel Sevier was in camp, alluding to Valentine Sevier, a brother of the ernor, who bore the title of colonel. Mr. Love answered n, and strongly recommended to the troops to withdraw and and themselves, which, he said, would enable those who
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408
RALLY OF THE OLANS.
supported the government of North-Carolina to countermand
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. the orders for levying troops in Sullivan county, and other places. The reply made to this recommendation was, that Governor Sevier could countermand the orders for their march. Here the correspondence ended. A few of the most influential persons then with Tipton, were sent out to collect reinforcements from the neighbourhood and from the settlements above. Two or three were also sent to Sullivan county, for the same purpose. On the next day a few men joined Tipton, and, in the course of the day, a woman, coming to the house on some occasion, in company with another woman, was shot in the shoulder." Some of So- vier's troops occupied an eminence of limestone rocks, with- in shooting distance of the house, and from that quarter the . woman was wounded. On the next night Mr. Robert Love went out with one man, for the purpose of getting aid from the quarter of the country where he resided. On his way home, he met his brother Thomas, now General Love, with ten or twelve men, going to join Tipton, whom he informed of the guard, at the eminence of rocks, which lay near the road that led to the house. Mr. Thomas Love, before it was light, approached the rocks on a prancing horse, himself hemming and coughing. Not being hailed, he went to the rocks, at which the guard had been stationed, and found that the whole guard was absent. The weather being exces- sively cold, they had retired to the main body, to warm themselves by their fires. Mr. Thomas Love returned to his companions and informed them of the absence of the guard from their post, whereupon, raising a whoop, they went in full gallop to Tipton's house, and by their junction with the besieged, infused fresh vigour into their resolutions.
Elholm, second in command to the Governor, in order to make short work, and to escape from the danger of delay, proposed the erection of a light movable battery, under co- ver of which the troops might safely advance to the walls of the house. In the meantime, those coming in and going out of the house of Tipton, were fired upon, and one, whose
. This was purely accidental.
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409
BESIEGING FORCES RETIRE FROM TIPTON'S.
name was Webb, was killed; another, whose name was Vaun, was wounded in the arm. Maxwell, with all possi- ble expedition, raised one hundred and eighty men, and marching with them, he had halted at Dungan's Mill, and had stayed there in the fore part of the night, till they could have just time to reach the camp of Sevier by morning. Whilst they were lying there, Sevier's scouts came within a mile of them, and not discovering any advancing enemy, returned to their main body. The night was cloudy and dark, and in the morning of the 3d of February,* just after day-break, which was the time of the attack .made by Se- vier, the snow poured down as fast as it could fall from the clouds. Sevier had placed, in the road leading from Sulli- van county, by the place of his encampment, sentinels to watch the approach of the reinforcement to Tipton, which was expected from Sullivan. The cold weather was so extreme that it had forced them into camp to warm them- selves for a few minutes. Maxwell and Pemberton advanced cautiously, with their men well formed in a line, within gunshot of Sevier's camp, having passed the spot where the sentinels were stationed, unobserved. Here they awaited the approach of daylight. As soon as objects had become visible, the snow falling, and Sevier's men advancing to the attack on the house, the troops under Maxwell fired a volley and raised a shout which seemed to reach the heavens, and communicated to Tipton and his men in the house, that de- liverance was at hand. From the house they re-echoed the shout, and instantly sallied out upon the besiegers. In the midst of these loud rejoicings, a tremor seized the dismayed troops of Sevier, and they fled in all directions, through every avenue that promised escape from the victors. Tip- ton and Maxwell did not follow them more than two hun- dred yards. Within one hour afterwards, Sevier sent in Robert Young with a flag, proposing terms of accommoda- tion. They left, in their flight, to be taken by the victors, the small piece of ordnance which Sevier had caused to be planted upon a battery. Pugh, the high sheriff of Wash-
* This date is an error. It was the 28th of February, 1788.
410
TIPTON RELEASES HIS PRISONERS.
ington county, was mortally wounded. Divers persons were made prisoners who belonged to Sevier's corps, and amongst them two sons of Sevier, James and John. Tipton forth- with determined to hang both of them. Apprised of the rash step he intended to take, the young men sent for Mr. Thomas Love, and others of Tipton's party, with whom they had a good understanding, and solicited their intercession with Tipton. Those persons went directly to him and rep- resented, in strong terms, the rashness, illegality and impolicy of the intended execution. They urged their arguments so effectually, that, with tears flowing down his cheeks at the mention of his own sons, supposing them to be in the pos- session of Sevier, about to be executed by him for offences imputed to the father, he pronounced himself too womanis for any manly office, and desisted from his purpose.
This is the account usually given of the affair between Tipton and Sevier. It is believed to be/mainly correct. The declaration put into the mouth of Governor Sevier, that he would suppress all opposition to the government of Franklin, needs confirmation, or should be qualified. From the com- mencementof the difficulties between the parent state and her revolted counties, Sevier had determined to avoid and in- tended to prevent violence and bloodshed. His moderation and his good temper, have been attested by the narrative of
every pioneer this annalist has had an opportunity to ex- amine. The Governor, in every instance, dissuaded his ad- herents from violence or even tumult. His own letters, official and private, breathe the same spirit. The reader will recollect how much, and how pathetically, he deprecated a resort to force in his letter to Governor Matthews, of June 24, in which he also speaks of the mother state with affec- tion and regard-indeed, in a tone of filial piety, which can- not be too much admired. His conduct during the siege of Tipton's house, and until he withdrew from it, demonstrates, what is intended here to be said, that Governor Sevier did not intend to maintain the authority of Franklin by force. It is known, that in undertaking to recover his property, then in the custody of Tipton's adherents, and confined in his house, the determined spirit of that brave man defied Sevier.
411
SEVIER'S DEMEANOUR DURING THE SIEGE.
Major Elholm advised an immediate assault, and offered to lead it. The Governor restrained the ardour of his adjutant, and declared that not a gun should be fired. Elholm re- newed his application for leave to storm the house, when he was silenced by the remark from Sevier, that he came not there to kill his countrymen, and that those who followed him had no such wish or design. Sevier himself, and most of his adherents, were too patriotic not to be dissatisfied with the position which surrounding circumstances had forced him to assume, and which he almost reluctantly now occupied, at the head of insurgents, and prompted to engage them in a fratricidal warfare. His sword had been often drawn for his country-his heart had never quailed before its enemies. Over these he had often triumphed ; but now he refused to imbrue his hands in the blood of patriotic countrymen and friends. The patriot prevailed over the officer-the citizen over the soldier. The sternness of the commander yielded to the claims of duty and a common citizenship. His de- meanour during the siege, and especially on the night before the assault, is represented by those of his party who served under him, before and after this occasion, to have been very different from that which he usually manifested. The men under his command exhibited the same altered behaviour. In all their campaigns, ardour and enthusiasm attended the march-care and vigilance the bivouac-the mirthful song and the merry jest, were heard in every tent. On these - occasions, it was the custom of Sevier to visit every mess, and to participate in their hilarity. He spoke of enemies and danger before, and friends and home behind them. He was thus the companion, and friend, and idol of his soldiery. But now the camp of the Governor of Franklin was dreary and cheerless. No merry laugh was heard-nor song-nor jest. Little care and less vigilance was taken in placing out the sentinels. Sevier was silent, appeared abstracted, thoughtful, and, at this time only in his whole public life, morose and ascetic. Elholm's vivacity failed to arouse him. . He communicated little to that officer ; he said nothing to his men .. He took no precaution, suggested no plan, either
412
BOTH PARTIES INDISPOSED TO BLOODSHED.
of attack or defence. The enemies of his country were not before him, and the patriot Governor repressed the aspirations of the " commander-in-chief of the army of the State of Franklin." In no other instance has he given a livelier ex- hibition of the true moral sublime of patriotism.
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