USA > Tennessee > The civil and political history of the state of Tennessee from its earliest settlement up to the year 1796 : including the boundaries of the state > Part 14
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governors soon after the peace of 1763 for regulating the inter- course of his colonists with the Indians. The same prohibition had been previously established by the North Carolina Assem- bly of 1715, Chapter 23, Section 4; 1740, Chapter 3, Section 5. And it had been particularly enforced by the Constitution of North Carolina, finally ratified on the 1Sth day of December, 1776. Col. Henderson was a gentleman eminently distinguished for his legal acquirements, both as an advocate and as a judge under the royal government; still more so for a sound judgment, as well as mental endowments of the social and facetious kind, which made him an object of general admiration. It is prob- able that he was not very sanguine, in the face of all these ob- stacles, that the title he had acquired from the Indians for all the lands contained in their deeds to him would prevail. But he knew that the acquisition of these titles was beneficial to the State, as they furnished an estoppel against the Indians in fut- ure, and, of course, that he and his partners were entitled to handsome retributions. The Assembly recited in an act of the session that Richard Henderson, Thomas Hart, John Williams, William Johnston, James Hogg, David Hart, Leonard Henly Bullock, Nathaniel Hart, John Luttrell, John Carter, and Rob- ert Lucas have been at great expense, trouble, and risk in making a purchase of lands from the Cherokee Indians, and that it is but just they should have a compensation adequate to the ex- pense, risk, and trouble aforesaid; therefore, it is enacted, say they, that 200,000 acres are hereby granted to the said Richard Henderson, Thomas Hart, John Williams, William Johnston, James Hogg, David Hart, and Leonard Henly Bullock and their heirs; the heirs or assigns or devisees of Nathaniel Hart, de- ceased; the heirs and assigns or devisees of John Luttrell, de- ceased; to Landon Carter, heir of John Carter, deceased, his heirs and assigns forever; and to the heirs and devisees of Rob- ert Lucas. The said 200,000 acres to be laid off in one survey and with the following boundaries: beginning at the old Indian town in Powell's Valley, running down Powell's River not less than four miles in width on one or both sides thereof, to the juncture of Powell and Clinch Rivers; then down Clinch River on one or both sides, not less than twelve miles in width, for the aforesaid complement of 200,000 acres. Thenceforward all doubts were cleared up with respect to the right which the State
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had to grant the other lands on the western waters, which were contained within the bounds specified in the Indian deeds to the company. The Assembly laid off the county of Davidson during the same session, appointed both civil and military offi- cers as in other counties, and established a Court of Pleas and Quarter Sessions in it. Before this period trustees were ap- pointed by the settlers, who signed a covenant obliging them- selves to conform to the decisions of those officers who had thus been vested with the powers of government. Those who signed had considerable advantages over those who did not; they were respectively allowed a tract of land, in the quiet possession of which the colony secured them; whilst those who did not sign were considered as having no right to the lands they occupied, and could be dispossessed by a signer without any recourse. The . trustees received neither fees nor salary, but they appointed a clerk, to whom they allowed very small perquisites to pay the expense of paper and stationery. The trustees, who were the executive of the country, had the whole government in their hands; they also acted as the judiciary, and their decisions gave general satisfaction; they also performed the functions of the clerical office, and celebrated the rites of matrimony. Capt. James Robertson, who acted as a trustee, was the first who mar- ried a couple, Capt. Leiper and his wife. Mr. James Shaw after- ward married Edward Swanson to Mrs. Carvin, James Freeland to Mrs. Maxwell, Cornelius Riddle to Miss Jane Mulherrin, and John Tucker to Jenny Herod, all in one day. The first child born in the country was John Saunders, who acted not many years ago as sheriff of Montgomery County, and who was killed on White River by the Indians; the second, Miss Anna Wells, who not many years ago lived in Montgomery County.
The county of Davidson was included in the following bounds: All that part of North Carolina lying west of the Cumberland Mountains and south of the Virginia line, beginning on the top of Cumberland Mountain where the Virginia line crosses it, ex- tending westwardly along the said line to the Tennessee River; thence up said river to the mouth of Duck River; thence up Duck River to where the line of marked trees run by the com- missioners for laying off the land granted to the continental line of North Carolina intersects said river, which said line is sup- posed to be in thirty-five degrees fifty minutes of north latitude;
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thence cast, along said line, to the top of Cumberland Mountain; thence northwardly along said line to the beginning. The Assem- bly directed that an entry-taker be appointed by the County Court of Davidson to receive preemption entries, and the inhabitants of the county were allowed to pay in specie or in specie certifi- cates for their preemptions; and they were allowed the term of eighteen months within which to make the payments. The heirs of such as were dead were allowed one year after coming of age to make their payments.
In giving this county the name of Davidson the representa- tives of the people paid a grateful tribute to departed merit in the person of Gen. Davidson, a native of their own State. He was a gallant officer, who resided in the western part of North Carolina, on the cast of the Appalachian Mountains. He had served with repatation, as an officer of inferior grade, in the Continental Army; had left it and been appointed a General of Militia. He was eminently devoted to the cause of American liberty. Whenever the tories embodied, as they frequently did, he was soon at the place of their meeting to suppress them, and no impediments which they could offer were ever able to stop his progress a moment. When the British themselves were near, there was no danger he would not carefully encounter, if it would but serve his country's cause. When the British forces made an effort to overtake a considerable body of their army which had been captured at the Cowpens, and had made a sudden irruption into North Carolina, the American army re- treating before them, Gen. Davidson, intending to retard the march of the enemy, raised a body of active militia-men, and at every river and creek caused them some delay.
On the 1st of February, 1781, the British forces came to the Catawba, at a fort near MeCowan's, and began to cross the river at that place. Davidson rode to the river to reconnoiter the en- emy on the other side in order to devise some plan to keep them back awhile. One of the German riflemen, unperceived by him, for it was nearly dark, had crossed the river and got near to the bank on which the general rode, and shot him. Knowing that his wound was mortal, he rode briskly back to a place where he. had left part of his troops, and gave to them the necessary di- rections what to do; and, having done so, soon after expired. Never was there a more intrepid soldier, never a greater patriot,
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HAYWOOD'S HISTORY OF TENNESSEE. 141
never did any man love his country with more ardent affection! His name should be ever dear to the people of North Carolina and Tennessee, and the posterity which he left should be dear to them also. The public gratitude should be shown by acts and deeds, and not by professions alone. Those who die for their country should have death sweetened, not only by the prospect of individual fame, but likewise with the certain pros- pect of honor and preferment secured to their children and con- uections. Those who love their country should be loved by it; the proof of affection should be durable and solid, and worthy of the object intended to be preserved in remembrance. In countries where public duties of this sort are certainly and well and promptly performed, there we may justly expect, and cer- tainly shall find, the most numerous and magnificent examples of heroic devotion and sacrifice. Occasional feelings, it must not be denied, have sometimes their share in the production of such examples; but is not a generous and magnanimous coun- try much more likely to cherish and animate such feelings than those which are insensible to the claims of merit, and only re- ward the best services with indifference ?
At this juncture, when the fate of the Cumberland settlements was suspended by a hair, events so propitious and timely could not fail to inspire successful anticipations. Like the rest of mankind, the settlers readily believed that which they wished, and cherished the expectation of ease and safety; but these hopes were not without the counterpoise of savage persecution. The Indians still kept up their offensive operations in 1783. They killed Roger Top, one of the guard who came with the commissioners, at the place where Mr. Deaderick afterward lived. At the same time and place they shot Roger Glass through the thigh. Two nights afterward, finding a man at the place where the stone bridge is, they shot him. He ran to the fort, and shortly afterward died. This was done while the com- missioners were sitting at the bluff to ascertain and give certif- icates for the preemption rights secured to those who had set- tled on the Cumberland as early as the 1st of June, 1780. Though the guard which was with the commissioners did not experience any molestation from the Indians whilst they were running the line and laying off the lands of Gen. Greene, that was owing to the formidable number which composed it. The
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guard was numerous. Those who composed it were promised compensation for their services in lands, since called guard rights, and they came in crowds to be enlisted into that service.
The Indian Nations of the South, including the Cherokees, were invited by the agents of Spain to meet and hold confer- ences with them at the Walnut Hills, and did so; and here it is believed that their unfavorable disposition toward the Cumber- land settlers received no diminution. The Indians, in small de- tachments, made frequent inroads upon the white settlements, waylaying the paths and corn-fields, and dogging upon the tracks of those who went out to explore the country and make locations, and never failed to kill them when a good opportunity -offered. They killed Ireson and Barnet in a surveying excur- sion, soon after the commissioners came out. They killed Will- iam Dunham and Joseph Dunham where the plantation of Mr. Irwin now is on Richland Creek. At the same place they killed Joshua Norrington and Joel Mills; and at a plantation near this, at this same time, they killed Daniel Dunham. In a path leading from Dunham's Fort to Armstrong's, at the head of Richland Creek, where Castleman now lives, they killed a man going from one fort to the other. At Armstrong's Fort, at the place which included it, Mr. Rains's daughter, Patsy, was riding on horseback, with a young woman behind her. She and Bet- sy Williams were fired upon by the Indians, and the latter killed; the former escaped, and ran off home. A short time afterward, within a mile of Armstrong's Fort, Joseph Noland was killed by the Indians; and in the summer of this year they killed the son of Thomas Noland. In the fall they killed the old man himself, near the same fort. About the same time, they killed the father of Betsy Williams, before mentioned.
Buchanan had a station, in 1783, five miles from the bluff. There the Indians, in this year, killed William Mulherrin, Sam- uel Buchanan, and three others who were guarding the station. In this year William Overall was killed while going from the bluff to Kentucky; Joshua Thomas was mortally wounded, and died. In this year the Indians came to the bluff and stole horses. Twenty men were raised by Capt. William Pruett. who pursued them to Richland Creek of Elk, overtook them, retook the horses on the waters of Big Creek, and commenced their re- turning march, having fired on the Indians and killed none.
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They came to the north side of Duck River, near a creek, and encamped there all night. In the morning the Indians fired on the rear as they began to move, and killed Moses Brown in a canebrake. The white people retreated a mile and a half, till they could get into open ground, and there halted and formed. The Indians came up, shot down Pruett and Daniel Johnston, and wounded Morris Shine; and the white people again retreat- ed to the bluff, having lost as many horses as had been recov- ered from them.
The Chickasaws soon heard of the law of North Carolina, passed in April, 1783, for the appropriation of their lands, as well as of all the lands claimed by the Cherokees, except those which by the same act were allowed to them for their hunting- grounds; and they could not but view the act as a very uncere- monious intrusion upon their rights, and likewise as a proof of great unconcern with regard to the sentiments of the Chickasaws upon a subject of so much moment to them. With the regrets of an old friend, compelled by ill treatment to relinquish his friendly prepossessions, they turned from the people of Cum- berland, and, in common with the Creeks and Cherokees, pre- pared to goad them with the sting of their displeasure. But in the latter part of 1783 the settlements received additional strength by the arrival of new settlers. Turnbull, a trader, came from the Natchez with horses and skins, which he brought from the Chickasaw Nation. Absalom Hooper came from Natch- ez; also Thomas James, Philip Alston, James Drumgold, his son- in-law, James Cole, and others, among whom was James Don- alson. In this year Samuel Hays established a station on Stone's River.
For the clear comprehension of facts which are soon to fol- low in the sequel of this story, we shall close this year with re- marks which are proper for their elucidation wherever they may occur.
Spain, though an ally of the United States in their war with Great Britain, was actuated by a desire to weaken the latter by separation of so great a part of the British Empire, and at the same time had no affection for the new States. On the contrary she entertained toward them nearly the sentiments of Satan in his soliloquy to the sun. As soon as the settlements were formed on the Cumberland River, the Spanish government took
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alarm; it dreaded the approach of independent principles; nor did the Spanish cabinet disguise their dislike to them. When the treaties which terminated the war of the Revolution began to be seriously thought of by the belligerents, the Spanish cab- inet applied to the French minister at Madrid, Monsieur de Mont- morin, expressing their apprehensions of the advancing Amer- ican settlements, and that it was the true policy of Spain not to open to them the navigation of the Mississippi, as it would en- able them to acquire the commerce of Orleans and Mexico, and particularly as, notwithstanding their then weak state, the set- tlers on the western waters were of that warlike character as al- ready to manifest an inordinate ambition and vast projects for conquering all the countries on the eastern shore of the Missis- sippi. The Spanish government wished, therefore, to make the savages a barrier between their colonies and the Americans; or, in plain words, to have them on the Spanish side of the bound- aries between them and the United States; and they earnestly solicited as the highest proof of friendship which the French nation could give that the influence of the French government with the United States might be used to draw them from their views on the navigation of the Mississippi. They endeavored . in the first instance to curtail the boundaries of the United States and to exclude them from the use of the Mississippi, and immediately after the war they adopted for themselves the pol- icy of greatly impeding and, if possible, of entirely breaking up the Cumberland and other settlements on the western wa- ters-objects which they proposed to effect, first, by the occlu- sion of the Mississippi, to make useless and of no value all the agricultural productions of these settlements, for want of a mar- ket; secondly, by alluring the settlers into Louisiana by the advantageous offers which the government held out to them in case of making a settlement there; and thirdly, by an unremit- ted excitement of Indian animosity against these settlers, in fur- therance of the main plan. All these means were resorted to, and we shall find the effects of them every moment occurring on the further progress of this history. Their operations were conducted with secresy, and for some time it was not known and not even suspected what was the real source of all the ill-will of the savages which so often poured itself with the fierceness of burning wrath upon the devoted settlers of Cumberland.
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On the 20th of April, 1783, Don Stephen Mero, brigadier-gen- eral in the armies of his Catholic majesty and governor and in- tendant of the provinces of Louisiana and West Florida, wrote to Capt. Robertson from New Orleans, in answer to a letter of his of the 23d of January. In this letter he professed pleasure in the friendly dispositions of his people and in the assurance of the falsehood of the report he had heard that the Cumber- land people were solicitous to attack his province. He request- ed Capt. Robertson to give no more credit to the intelligence he had received of the Indians having been incited in that prov- ince against these settlements. He asserted that at different times he had recommended to Alexander McGillivray to make peace, who finally had answered that he had given his word to the Governor of North Carolina that the Creeks would not again trouble those settlements; and he promised again to write to McGillivray and to engage him to be no longer troublesome to the people of Cumberland; he stated that he had no connection with the Cherokees nor with the Marcutin; but, as they went now and then to Illinois, he promised to advise the command- ant there to induce them to be quiet. The Cherokees had asked permission, he said, in May, 1782, to settle on the west side of the Mississippi, and he had granted their request; and if, said he, they act accordingly, you will be quite free from their in- cursions. He lastly invited Capt. Robertson to come and settle in his province, declaring that he would not be molested on ac- count of his religious principles, nor would he be called on to pay any tax, and that he would always find a market for his crops: advantages which made all the planters at Natchez daily to improve in their circumstances.
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CHAPTER VI.
The Cession Act of 1784-The Unfavorable Circumstances of the Western Coun- ties-Committees in Each County-Convention ; Its Proceedings-Cession Act of 1784 Repealed-Superior Court for Washington District, Which Was Now Established-Brigadier-general Appointed-Sevier Recommended no Further Progress toward a New Government-Convention Met-Assembly of Frank- land-Governor and Other Officers Appointed-Their Independence in North Carolina Transmitted to the Governor of That State-His Manifesto-Superior and County Courts Established-Clerks Appointed-New Counties Erected- Persons Who Were Clerks, Colonels, and Members of Assembly-The Acts They Passed -- Remarks upon Their Tax Law and Salary Act-Treaty with the In- dians, under the Authority of the New State-Assembly in August-Dissatis- faction with the Old State in the Counties of Virginia Near to the State of Frankland-Discontents Excited-Gov. Henry, of Virginia, Laid Their Designs before the Assembly of That State-His Remarks upon Them and upon the New State of Frankland-The Limits of the Intended New Government after the Junction-The Constitution Proposed for It-Act of Pardon and Oblivion Passed by North Carolina in the Latter Part of 1785-Appointed Elections to Be Held for Members to Represent the Western Counties in the Assembly of North Carolina-Further Time for Surveys-Officers Appointed for the West- ern Counties-Convention in November, 1785-Form of a Constitution by a Committee --- Rejected by the House in Toto-Constitution of North Carolina Adopted-Mr. Cocke Sent to Congress-Georgia Legislature; Its Proceedings- County in the Bend of the Tennessee; Officers Appointed to Organize It-The Commissioners of Others Went Thither-Their Proceedings There-Cox- Col. Hampton-Confusion from the Exercise of Two Governments-Parties Formed-Open Opposition to the State of Frankland-Sevier and Tipton; Their Deep Animosities-Courts under Both Governments-A Court Broken Up by Tipton-Same Done by Sevier's Party-Under Both States Were Issued Marriage Licenses, Letters of Administration, etc .- Conflict between Tipton- and Sevier-Members Elected for North Carolina-Sevier Appointed Brig- adier-general by Gov. Houston, of Georgia-Persons Killed or Wounded by the Cherokees in 1786-Men Embodied-Members of Assembly for North Carolina-Hawkins County-Officers; Civil and Military-William Cocke; His Representationto Them-Another Act of Pardon and Oblivion in 1786 -Various Regulations Contained in it-Remarks on the Repeal of the Cession Act of 1784-Sevier's Negotiations with Georgia-Favorable Report on His Proposition-Commander Elholm His Agent-Granted Money to Defray His Expenses-The Governor of Georgia Writes to Him a Friendly Letter-Let- ter to Sevier from Doctor Franklin-Elholm Again Sent to Georgia-The Council Compliment Sevier; Write to Him Their Situation with Respect to Indian Affairs-His Aid Requested-The Georgia Leaders Speak Cautiously
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of the Government of Frankland-Gov. Telfair Writes to Sevier, and Compli- ments Calhoun-Sevier Made a Member of the Society of Cincinnati-Pres- ents Sent to Him-Flattering Toasts-Thanks Presented by the Council to El- holm-Request His Attention to Their Situation with Respect to the Creeks -- September, 1787, the Assembly of Frankland Met; Their Proceedings-Mem- bers Elected in 1787 for the Assembly of North Carolina-Aet of Pardon and Oblivion Extended-A Descent Contemplated by Some of the Citizens of Frankland on the Spanish Possessions-Inquiries Directed by Congress to be Made-Resentments of the People against the Spaniards-The Cumberland Members in an Address to the Assembly of North Carolina Had Censured the Spaniards-Sullivan's Letter; The Uneasiness It Produced-The Property of Sevier Seized by Virtue of a fi. fa. under the Authority of North Carolina -- Troops Seized by Sevier and Marched to Tipton's House-A Battle There; Sevier's Troops Routed; His Two Sons Made Prisoners-The Government of Frankland Expired-Cherokees Massacre Kirk's Family-Troops Embodied and Marched into Their Nation; Indians Killed; Towns Burned; Indians Massacred -- Kirk's Imputation on Sevier; His Vindication-Capt. Gillespie's Behavior in the Defense of His Prisoners-Mr. Gardogue to Gov. Sevier -- Gen. Martin's Expedition-Persons Killed in 1788-Sevier's Popular Talents; Se- vier Arrested and Handcuffed ; Led Prisoner to Morganton, in North Carolina, Followed by His Sons and Other Friends; at Morganton Delivered to the Sheriff ; the MeDowells Followed Him and Became His Sureties for a Few Days, Till He Could Go and See a Brother-in-law; on His Return the Pursuers Reached Town and Were Unknown; At Night They Slept with the Governor and Returned Home-Federal Constitution Rejected-Assembly of North Carolina; Their Proceedings-Guard-Act of Pardon and Oblivion Extended- Another Convention Called in North Carolina-Federal Constitution Adopted -Sevier Chosen Senator of Greene County; Very Favorably Received; Took His Seat-Tennessee Passed Laws to Confirm Administrations Granted and Marriages Celebrated under the Laws of Frankland-Acts Passed by North Carolina in Favor of the Western People in 1789-Watauga Certificate ;- Causes Which Led to the Cession Act of 1789-Cession Act Passed.
TIE now draw near to a critical era in the annals of East Tennessee; and to a legislative proceeding which seemed at the time of its birth to be most harmless in itself, but which, upon experiment, unexpectedly proved to be the source of great disasters and alarms, as well to our neighbors as to the parties who were more immediately concerned.
Congress, harassed with public debt and the clamor of pub- lie creditors, had thought of many expedients for bringing money into their coffers; and one, among others, was pressing and repeated recommendations to States owning vacant lands to throw them into the common stock for defraying the expenses of the late war.
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