USA > Tennessee > The Annals of Tennessee to the End of the Eighteenth Century: Comprising Its Settlement, as the. > Part 43
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431
THE CONSTITUTION OF UNITED STATES.
mended should be submitted for ratification to the respective states.
The new system encountered opposition formidable and persevering,-North-Carolina withholding her assent until 1787 ( certain amendments could be obtained. This rejec- ( tion of the Constitution was made by the Convention of North-Carolina, assembled at Hillsboro', in which the western counties were represented.
Another Convention was soon after called, to deliberate - upon the proposed constitution of the United States. 1789
All now saw the necessity of a radical reform. De- puties were elected favourable to the new constitution, and, on the 21st of November, 1789, it was adopted and ratified by the people of North-Carolina, in convention assembled at Fayetteville.
The Assembly of North-Carolina, which met at Fayette- ville, extended the act of pardon and oblivion to such. of those who had taken part in the Franklin revolt, as chose to avail themselves of its provisions. But, at the same time, it was distinctly provided, " that the benefit of this act should not entitle John Sevier to the enjoyment of any office of pro- fit, of honour or trust, in the State of North-Carolina, but that he be expressly debarred therefrom."
An enactment of this kind may have been due to the supremacy of law. It was in exact conflict, however, with the wishes and voice and decision of the people. Public sentiment, even in high places, demanded its immediate re- peal. Sevier was technically an insurgent. In all respects, he was a lover of his country, and had entitled himself to its highest honours and its richest rewards. His countrymen could not spare him from their military service ; they would not refuse him employment in their civil affairs. At the time of the annual election in August, of the next year, after the legislative infliction of these disabilities, the people of Greene county called upon Sevier to represent them in the Senate of North-Carolina. He was elected, it need not be added, without difficulty. At the appointed time, November 2, 1789, he attended at Fayetteville, but waited a few days before he took his seat. During this interval, the Assembly
138
SIVIER'S DISABILITIES REMOVED.
passed an act, repealing the clause of a former act, ex- cluding him from holding any office of honour, profit or trust. During the debate on the resolution, aoquitting Sevier of the alleged treason, and restoring him to the rights of citizen- ship, Mr. Amy, the member from Hawkins county, warmly urged the passage of the bill. In doing so, he gave offence to Colonel Tipton, the member from Washington county.' 4' rencounter was prevented with difficulty, and the debate postponed till the following day. The evening was spent in reconciling the disputants, and Mr.' Roddy, another member from Greene, reprimanded Amy fer using language calcu- lated to irritate Colonel Tipton, and begged him thereafter. to pursue a course which would "soothe his feelings." # was finally concluded, that on the next day, Colonel Roddy should conduct the debate, as least likely to give offences . Accordingly, when the debate was resumed, Colonel Roddy began his speech, but had not proceeded far, when Colonel' Tipton became infuriated, sprang from his sent, and seized. Roddy by the throat. At this moment, Mr. Aily orted out; to Roddy, " Soothe him, colonel, soothe him i" The parties were soon separated, but a challenge to mortal combat was the consequence. . By the interference of mutual friends, the difficulty was honourably accommodated." The resolution under debate was adopted, and Sevier took his seat, after having taken the usual oath of allegiance to North-Caro- lina. Some days after, General Davie introduced a resolu- tion to enquire into the conduct of the senator from Greene. It was well known that the proposition would not be favour- ably received, and, to the great satisfaction of the mover, the motion for enquiry was laid upon the table. .
During this session, Sevier was reinstated in the command he had held before the Franklin revolt, of brigadier-general for all the western counties, and laws were passed confirma- tory of administrations granted by the Franklin courts, and legalizing marriages celebrated under the authority of that government.
The General Assembly, in apportioning the representatives
* Letter of Isas Lane.
438
BEVIER ELECTED TO UNITED STATES CONGRESS.
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from North-Carolina to the Congress of the United States, divided the State into four Congressional Districts-the 1789 westernmost of which, embraced all her territory west ( of the Alleghanies. From this district, John Sevier was elected, and he is thus the first member of Congress from the great Valley of the Mississippi. The election was to be held on the second Monday and Tuesday in March, and certificates of the returning officers were to be brought to the house of James White, in Hawkins county, now Knox- ville, and be there compared by the Clerk of the Superior Court of Washington District, who was, for the convenience of these remote counties, to attend at that place for that pur- pose. His certificate to the candidate having the greatest number of votes, entitled the member to the commission of the Governor; and on this certificate, Ex-Governor Sevier was commissioned as the representative elect from Washington District, then .embracing all the territory of the present State of Tennessee. It is believed that he was elected, without a competitor or rival. Every voter nearly, on Cum- berland and Holston, knew him and voted for him.
"Wednesday, June 16th, 1790, John Sevier, another mem- ber from North-Carolina, appeared and took his seat."*
The government of Franklin had ceased to exist since 1788 March 1st, of this year, and this might appear
to be the place and point of time in these Annals, to suspend the history of settlements formed under that dynasty. Inasmuch, however, as lands acquired under its treaties and occupied under its laws, never did belong to the jurisdiction of North-Carolina, the incidents connected with their settle- ment, up to the treaty of Holston, may be better detailed here than in any other connection.
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It has been heretofore mentioned, that the General Assem- bly of North-Carolina, at its session of 1783, had designated the boundaries of the Cherokee hunting grounds-making the Holston, the French Broad and Big Pigeon Rivers, a part of these boundaries. The next year, the people of Washing- tion, Greene and Sullivan counties, withdrew from their
* Annals of Congress, by Jos. Gales, vol. ii, p. 1640. 28
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434
CONDITION OF THE PEOPLE SOUTH OF FRENCH
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allegiance to North-Carolina, renounced her jurisdiction over them, and formed themselves into a separate and distinct government. Under that organization, they proceeded to exercise all the functions of a sovereign state, and amongx others, that of negotiating with the Indian tribe adjoining, and of acquiring, by treaty with them, a large addition to their territory. The lands thus obtained by the treaty d Dumplin, and afterwards enlarged and confirmed by subse quent stipulations made at Coyatee, were soon taken into possession and settled under the authority of Franklin, which proceeded to organize the territory, thus acquired, inte the new county of Sevier, with its courts, its military organi- zation, and a representation in the Legislature, upon the same footing of the older counties. We have traced the rise, pro- gress and fall of Franklin. At the period of its dissolution, we are presented with the strange spectacle of a county, settled, organized and governed, suddenly dissociated, and let beyond the jurisdiction and protection of any power know to the laws of North-Carolina-forsaken and disowned. The land embraced within the limits of Sevier county, of Frank- lin, had not been acquired by treaty or otherwise, under the laws of North-Carolina ; the inhabitants, according to her law designating the Indian hunting grounds, were there contrary to her laws and to the provisions of her treaty stipulating the Cherokee boundaries. In a political point of view, Sevier county and its inhabitants were known only as part of the State of Franklin. That state no longer existed, and they were now considered as trespassers upon Indian lands, in violation of the laws of North-Carolina, beyond the pale of its government, the influence of its judiciary, or the pro- tection of its military power. In this dilemma, the people gave another instance of their law-abiding character, and of their capacity to govern themselves. Sensible, that in their peculiar situation, they were exposed to the evils re- sulting from anarchy and violence, they determined to guard against and prevent them. Measures were at once adopted to frame a temporary form of government, suited to the exi- gencies of the occasion. It is not now known who were prominent in giving vitality to this new organization, who
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485
BROAD AND WEST OF PIGEON.
was the President of the Board or its Clerk, nor to whom the other principal offices under it were assigned. It is well as- certained, however, that under its provisions, order, law, right and justice, were maintained. Newell's Station had been the seat of justice for Sevier county, under the Franklin dynasty, and it is believed under the new order of things, be- came the seat of the Committee's authority, as it was the centre of the territory over which its jurisdiction extended.
ARTICLES OF ASSOCIATION.
We, the subscribers, inhabiting south of Holston, French Broad and Big Pigeon Rivers, by means of the division and anarchy that has of late prevailed within the chartered limits of North Carolina, west of the Apalachian Mountains, being at present destitute of regular government and laws, and being fully sensible that the blessings of nature can only be obtained and rights secured by regular society, and North-Carolina not having extentled her government to this quarter, it is rendered ab- solutely necessary, for the preservation of peace and good order, and the security of life, liberty and property to individuals, to enter into the following social compact, as a temporary expedient against greater evils :
Article I. That the Constitution and Laws of North-Carolina shall be adopted, and that every person within the bounds above mentioned, shall be subject to the penalties inflicted by those laws for the violation thereof.
Article II. That the officers appointed under the authority of Frank- lin, either civil or military, and who have taken the oaths of office, shall continue to exercise the duties of such office, as far as directed and empowered by these Articles, and no further, and shall be accountable to the people or their deputies for their conduct in office.
Article III. That militia companies, as now bounded, shall be consid- ered as districts of the above territory, and each district or militia com- pany shall choose two members to represent them in a General Commit- tee, who shall have power to choose their own president and clerk, to meet on their own adjournments, and the president shall have power to convene the Committee at any time when the exigencies of affairs re- quire their meeting, and shall have power to keep order and to cause rules of decorum to be observed, in as full a manner as the president of any other convention whatever. And in all cases of mal-administra- tion, or neglect of duty in any officer, the party grieved shall appeal to the Committee, or a majority of them, who shall be competent to form a board for business. And upon such application, the Committee shall cause the parties to come before them, and after examining carefully into the nature of the offence, shall have power to deprive of office, or publicly reprimand the offender, as the demerit of the crime may de- serve, or otherwise to acquit the party accused, if found not guilty.
Article IV. Where vacancies happen in the military department, the same shall be filled up by election, as heretofore used, and the officer
SELF-GOVERNMENT EXERCISED.
thus elected shall be the reputed officers of such regiment or company, as the case may be, and shall be accountable to the Committee for their conduct as other officers.
Article V. The civil officers shall bave power to take cognizance of breaches of the peace or criminal offences, and where any person is convicted of an offence not capital, the officer before whom such offender is convicted, shall immediately inflict the punishment directed by law for such offence. But where the crime is capital, the officer shall send such criminal, together with the evidences for or against him or them, to the nighest justice of the peace for North-Carolina, there to be dealt with according to law ; but no civil officer shall decide upon cases of debt, slander, or the right of property.
Article VI. Militia officers shall have power to collect their regiments or respective companies, emergencies making it necessary, and in case of invasion by the common enemy, shall call out their companies regu- larly by divisions, and each militia man shall give obedience to the com- mands of his officer, as is required by law, or otherwise be subject to the penalties affixed by law for such neglect or refusal, at the judgment of a court martial.
Article VII. And, whereas, it is not improbable that many horse thieves and fugitives from justice may come from different parts, ex- pecting an asylum amongst us, as we are destitute of a regular govern- ment and laws by which they may be punished, each and every of us do oblige ourselves to aid and assist the officers of the different state or states, or of the United States, or any description of men sent by them, to apprehend such horse thief or fugitive from justice. And if any of the above characters should now be lurking amongst us, or shall hereafter be discovered to have taken refuge in this quarter, we do seve- rally bind ourselves, by the sacred ties of honour, to give information to that state or government from which they have fled, so that they may . be apprehended and brought to justice.
Article VIII. United application shall be made to the next session of the Assembly of North-Carolina to receive us into their protection, and to bestow upon us the blessings of government.
Article IX. The captains of the respective militia companies shall each of them procure a copy of these Articles, and after calling the com- pany together for the purpose, shall read them, or cause them to be read, distinctly to said company; and each militia man, or householder, after hearing them read, if he approve of them, shall subscribe his name to the articles, as a proof of his willingness to subject himself to them ; and said Articles shall be the temporary form of government until we are received into the protection of North-Carolina, and no longer.
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In several of the provisions of these Articles there may be traced a strong resemblance to those of the Watauga Asso- ciation. They were, probably, copied mainly from them. North-Carolina never took these people under her protec- tion or jurisdiction, and the Association proved to be a good
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487
VINDICATION OF FRANKLIN.
substitute for a more formal and perfect system of govern- ment. This regime continued till after the country became . the Territory of the United States south of the River Ohio, and was then provided for, as the county of Sevier, in 1794.
VINDICATION OF FRANKLIN.
This may be considered as the finale of Franklin, and the § proper place, therefore, to introduce a closing remark 1788 upon that anomaly. In speaking of it, terms have been used requiring qualification, which, without interrupt- ing the current narrative, could not be elsewhere given. Insurrection, revolt, dismemberment, defection, as here used, need to be explained, when applied either to those of the western people, who separated from the parent state, or those of them who afterwards renounced the new govern- ment. In either case, the action of the parties need not be ascribed to fickleness of purpose or bad faith, much less to disloyalty to their proper rulers, or insubordination to regular government and law. In vindication of those who once appeared on the side of Franklin, and now on the side of North-Carolina, it has been well remarked by Haywood: " That the face of affairs was quite different at the time of the Convention which resolved upon independence, and the Autumn of 1786. Before this juncture there was no govern- mental head to which the people of the western counties could carry their complaints. In 1784, it is true, the Assem- bly which passed the Cession act, retained the sovereignty and jurisdiction of North-Carolina in and over the ceded territory, and all the inhabitants thereof, until the United States, in Congress, should have accepted the cession. Yet, in reality, so long as the Cession act continued unrepealed, North-Carolina felt herself as much estranged from the inhabi- tants of the western counties, as she was to any other state or territory in the Union ; until induced by the bonds of federalism, and a common interest so far as concerned their external rela- tions with the other nations of the globe, but wholly uncon- nected, so far as regarded their internal regulations and en- gagements. And as any one state was not obliged, by the nature of her Federal duties, to advance monies for the main-
488
INHABITANTS PURSUE A PACIFIC
tenance of another in the possession of her rights, but through the intervention of all in Congress assembled ; so neither did North-Carolina conceive herself bound to exert her strength and resources for the defence of the western coun- ties, unless in the proportion for which she was liable to other Federal contributions. It was in vain, then, to solicit her interference in behalf of the western counties, so long as the Cession act subsisted, but when that was repealed, and the precipitancy of the western people obliterated, it cannot be a matter of surprise that well-meaning and intel- ligent people would, thenceforward, deem it their duty to return to their dependence on North-Carolina."
In behalf of those who sustained the separation from North-Carolina until 1788, it may be further added, that in withdrawing from the parent state and establishing a seps- rate government, the secessionists believed that the course adopted by them would least imperfectly preserve quiet and order, under the circumstances in which the Cession act had placed them. Their course was pacific and conservative, and at first, united and harmonized all. Nothing destructive or revolutionary, much less belligerent, was intended or con- templated. In 1784, the Confederacy had demonstrated the . inadequacy of that organization as a permanent system of General Government. The transfer by North-Carolina of her western counties to Congress, at that time imbecile and powerless, even over the original confederated states, and the novelty of the experiment, had produced alarm, excited ap- prehension and aroused a deep discontent in the new settle- ments. And, perhaps, these could have been quieted and appeased, as effectually, in no other way as the temporary assumption and exercise of the power of separate and dis- tinct self government.
Again. Heretofore, no instance had presented itself, of the formation of an independent state from the territory em- braced within the boundaries of a political sovereignty. The process of separation, and the mode of accomplishing it, were all new and unattempted, alike by the people, and the State and General Governments. Now, when the creation of these new political organizations has become matter of frequent
439
AND CONSERVATIVE POLICY.
occurrence, and plain and easy by its successful trial and repetition, we can see little or no cause, why the subject should have then been viewed as embarrassed with inhe- rent difficulties. But, let it be remembered, that " in the Ar- ticles of Confederation, no provision was made for the crea- tion or admission of new states. Canada was to be admitted of right, on her joining in the measures of the United States ; and the other colonies, at the discretion of nine states. The eventual establishment of new states, seems to have been entirely overlooked by the compilers of that instrument."* The inconvenience of this omission in the Articles of Con- federation, was most apparent, and it may be well ques- tioned whether the Congress of the Confederacy could, without an assumption of power, have given to the people of the territory, ceded in 1784, a form of state government, such as was guaranteed to them by the provisions of the constitution of North-Carolina.
Under this view of the subject, it is not strange that the Cession Act was followed by dissatisfaction and revolt in the western counties. Their people had been represented in the state convention of 1776, and it had been probably at the instance of their own delegates in that body, that the provision was then made, " for the establishment of one or more governments westward of this state, by consent of the legislature." Indeed, it may be well questioned, whether, with this provision in the Bill of Rights, preceding the Constitu- tion itself, the act of Cession was not unauthorized and in- valid.
Be that as it may, the cession of her western territory by North-Carolina to Congress, as it was, under the Articles of Confederation in 1784, was obviously inexpedient and impolitic. And it was not till the adoption of the Federal Constitution, of 1788, that this measure became either wise or practicable. This did not escape the discernment of the malcontent but virtuous and patriotic people of Franklin, when the new state ceased to be; and they returned to their allegiance to the mother state. This event was not unexpected by its most
* Mr. Madison, in the Federalist.
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440
NO TENDENCY TO RADICALISM,
steadfast friends and supporters, nor were its effects to be deplored. It resulted from no legislative error or want of executive skill, no fickleness of popular sentiment, no defect of public virtue.
Every review of the conduct of both parties in the disaf- fected counties, from 1784 to 1788, reflects honour upon their patriotism, their moderation, their love of order and their virtue. No other instance is recollected, in which two an- tagonistic governments existed so long over the same peo- ple, with so little anarchy, so little misrule, so little violence. A period of nearly four years was passed, under two political systems of government, each having its separate Executive, State Council, Legislature and Judiciary; each its own county and military organizations, its own partizans and adherents. And amidst all the rivalry, and faction, and mal- content, and conflict, personal and official, which must have arisen from this unexampled condition of things, the annalist has to record but two deaths, almost no bloodshed, and .little violation of the right of property. . Private rights were held sacred and inviolable. If, in the collisions between the officers of the two governments, an occasional feat in pugilism occurred, resulting in a trifling mutilation of one or both of the combatants, there followed less of acri- mony, unmanly revenge and pitiful spite, than is produced by the disreputable squabbles of the aspirants and functionaries of the present day-members of the same government, and united under the same constitution and laws. In all that was done in Franklin, we are unable to detect any tendency to radicalism. In their warmest aspirations for self-govern- ment and independence, there cannot be found one feature of modern agrarianism or the prostration of all law, but only a disposition to protectthemselves from violence and aggres- sion, and possible danger to their rights.
This is not the judgment of a partial annalist. It can be sustained by the testimony of competent tribunals, east and west of the Alleghanies. Their decisions shall be briefly stated.
The formation of a new state was only a question as to time. . In all the letters, manifestos and proclamations of the Governor of the parent state, the separation is spoken of as not only right in itself, but desirable, and, at the proper time,
441
OR PROSTRATION OF ALL LAW.
expedient. Governor Martin, in 1785, speaking of the sepa- ration, says : " Which, in time, no doubt, would have been granted by consent ;" and again : " when a separation might take place to mutual advantage and satisfaction, on an honourable footing ;" and again : " until the consent of the legislature be fully and constitutionally had for a separate sovereignty and jurisdiction." Governor Caswell, in his let- ter to General Shelby, in 1787, says : " Whenever unanimity prevails among your people, and their strength and numbers will justify an application for a separation, if it is general, I have no doubt of its taking place upon reciprocal and honourable terms." And again, in his letter to Governor Sevier, of April 24, 1787 : "You may rely upon it, that my sentiments are clearly in favour of a separation, whenever the people to be separated think themselves of sufficient strength and abilities to support a government." And again, in his proclamation to the people of the seceding counties, in urging them to union amongst themselves, he reminds them that the "General Assembly have told you, whenever your . wealth and numbers so much increase, as to make a sepa- ration necessary, they will be willing the same shall take place upon friendly and reciprocal terms. Is there an indi- vidual in your country who does not look forward, in expec- tation of such a day's arriving ? If that is the case, must not every thinking man believe that this separation will be soonest and most effectually obtained by unanimity ?" And adds : " I have no doubt the same may be obtained upon the principles held out by the Assembly. Nay, it is my opinion that it may be obtained at an earlier day than some imagine, if unanimity prevailed amongst you." And again : "I flat- ter myself that the Assembly will be disposed to do what is just and right, and what sound policy may dictate."
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