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 15
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
The Assembly of North Carolina, during their April session
148
HAYWOOD'S HISTORY OF TENNESSEE.
at Hillsboro in 1784, participating in the distress which Con- gress experienced on the account of the financial embarrass- ments of the Union, made considerable exertions to remove them. They laid taxes and empowered Congress to collect them, and vested in Congress, so far as they were concerned, a power to levy a duty on foreign merchandise. Partly from the same mo- tives, as well as from others, they, in the month of May, passed an act for ceding to the Congress of the United States certain western lands therein described, authorizing the delegates from this State in Congress to execute a deed for the same. By this act was ceded all the territory which constitutes the State of Tennessee, if Congress would accept of it within the space of two years then next following. By another act of the same ses- sion it was declared that the sovereignty and jurisdiction of North Carolina in and over this territory and all its inhabitants shall be and remain in all respects until the United States in Congress shall accept of the cession, and as if the act of cession had never passed. They at the same time closed the land of- fice for this territory, and nullified all entries made since the 25th of May, 1784, except entries made, or to be made, by the commissioners, agents, and surveyors who extended the lines of lands attached to the officers and soldiers, and by the guards, hunters, chain-carriers, and markers who attended these com- missioners. The Assembly adjourned on the 2d day of June, 1784. It was a part of the cession law that if Congress should not accept within two years the act was thenceforward to be cf no effect.
We have seen how unremitted were the efforts of the Indians to break up, if possible, and at all events to check the growth of the settlements on the Holston, and how often it became neces- sary to recall them to a peaceable demeanor by administering to them chastisement in their villages. The militia were often called together; the equipments for service, as well as the serv- ices themselves, demanded considerable expenditures. The sale of the western lands had greatly reduced the certificate debt of North Carolina. She ought to have yielded a ready assent when called on to give protection to the frontiers by discharging the debts which had been necessarily contracted in their defense. The expenditures became daily more heavy, but the prospect of an early settlement of the western lands which were opened by
149
HAYWOOD'S HISTORY OF TENNESSEE.
the settlements on Holston had greatly enhanced the value of these lands in the market, and had very much facilitated the sale of them; consequently a much greater quantity of certifi- cates were brought into her treasury, and with much more ex- pedition, too, than otherwise could have been effected. Experi- ence was, however, supposed to prove that as the prospects of future advantage diminished, so did the readiness of North Car- olina to advance the supplies requisite for the protection of the western settlers. This disinclination was the more indulged, as the Constitution of North Carolina had made provision for a future State within her limits on the western side of the Alle- ghanies, and as the affairs of the western people seemed verging to a crisis from whence a new and independent State was likely to arise, the prosperity of which it was not the peculiar duty of North Carolina to promote. Nor did it seem politic to her rul- ers to lavish their money for the benefit of those who were so soon to become strangers to her particular interests. Western* claims for military service against the Indians began to be re- ceived with murmuring, to be passed upon with much scrutiny, and to meet with frequent rejection. It was suggested that all pretenses were laid hold of to fabricate demands against the government, and that the industry and property of those who resided on the east side of the mountain were becoming the funds appropriated to discharge the debts contracted by those on the west. It was partly under the impression made by these sug- gestions that the Assembly of North Carolina passed the cession act of May, 1784. The opinion was sedulously propagated through the western counties that the cession might not be ac- cepted for the space of two years, during all which time the peo- ple, being neither under the protection of the United States nor of the State of North Carolina, would neither receive any sup- port from abroad nor be able to command their own resources at home. At the same time there was no relaxation of Indian hostilities. The District of Washington was not yet entitled to a Superior Court; crimes of all sorts, as they were situated, must go unpunished. Nor was it allowed by law for a brigadier- general to call into service the militia of the county, and to unite its efforts on requisite emergences. Exposed as they were every . day to the tomahawk of the savages, and seeing no authority to whom they could apply for assistance, it became the prevailing
150
HAYWOOD'S HISTORY OF TENNESSEE.
opinion that the people ought of themselves to devise the means of drawing upon their own resources, and of making them ef- fectual. Indian visitations assailed them incessantly. The set- tlers on the Holston at last seemed to hold their lives only by the permission and at the will of the Cherokees. The people at first resolved upon the expedient of electing two persons from each captain's company who should assemble in the respective coun- ties as a committee; these resolved upon a convention of depu- ties from all the counties which should adopt such plans as were suitable to their circumstances. On the 23d of August, 1784, the deputies assembled at Jonesboro. The deputies elected for the county of Washington were: Charles Robinson, William Pur- phey, John Sevier, Joseph Wilson, John Irwin, Samuel Hous- ton, William Trimble, William Cox, Landon Carter, Hugh Hen- ry, Christopher Taylor, John Chislomy, Samuel Doak, William Campbell, Benjamin Holland, John Bean, and Samuel Williams. For the county of Sullivan: Joseph Martin, Gilbert Christian. William Cocke, John Manifee, William Wallace, John Hall, Samuel Wilson, Stokely Donalson, and William Evans. For the county of Greene: Daniel Kennedy, Alexander Outlaw, Jo- seph Gist, Samuel Weir, Asahel Rawlins, Joseph Ballard, John Manghon, John Murphy, David Campbell, Archibald Stone, Abra- ham Denton, Charles Robinson, and Elisha Baker. They ap- pointed John Sevier, President; and Landon Carter, Clerk. They appointed a committee composed of Messrs. Cocke, Outlaw, Car- ter, Campbell, Manifee, Martin, Robinson, Houston, Christian, Kennedy, and Wilson to take under consideration the state of public affairs relative to the cession of the western country. The convention, soon after the commencement of its session, was joined by Richard White, a member from Washington. The committee upon the state of public affairs, in relation to the cession of the western territory, made their report, styling themselves the com- mittee to whom was referred the consideration of public affairs, especially the cession bill passed at Hillsboro the 2d day of June, 1784. Your committee say they are of opinion, and judge it expedient, that the counties of Washington, Sullivan, and Greene, which the cession bill particularly respects, form them- selves into an association and combine themselves together in order to support the present laws of North Carolina, which may not be incompatible with the modes and forms of laying off a
.
Số
151
HAYWOOD'S HISTORY OF TENNESSEE.
new State. It is the opinion of your committee that we have a just and undeniable right to petition Congress to accept the ces- sion made by North Carolina, and for that body to countenance us in forming ourselves into a separate government, and either to frame a permanent or temporary Constitution, agreeably to a resolve of Congress in such case made and provided, as nearly as circumstances will admit. We have the right to keep and hold a convention from time to time by meeting and convening at such place or places as the said convention shall adjourn to. When any contiguous part of Virginia shall make application to join this association, after they are legally permitted either by the State of Virginia or other power having cognizance thereof, it is our opinion that they be received and enjoy the same privileges that we do, may, or shall enjoy. This convention has a right to adopt and prescribe such regulations as the particular exigences of the times and the public good may require; that one or more persons ought to be sent to represent our situation in the Con- gress of the United States; and this convention has just right and authority to prescribe a regular mode for his support.
It was referred to Messrs. Cocke and Hardin to draw up and form the plan of the association heretofore agreed to; that plan, on the next day, they reported as follows:
"To remove the doubts of the scrupulous, to encourage the timid, and to induce all, harmoniously and speedily, to enter into a firm association. let the following particulars be mature- ly considered: If we should be so happy as to have a separate government, vast numbers from different quarters, with a little encouragement from the public, would fill up our frontiers, which would strengthen us, improve agriculture, perfect manu- factories, encourage literature and every thing truly laudable. The seat of government being among ourselves would evident- ly tend not only to keep a circulating medium in gold and sil- ver among us, but draw it from many individuals living in other States who claim large quantities of lands that would lie in the . bounds of the new State. Add to the foregoing reasons the many schemes, as a body, we could execute to draw it among us, and the sums which many travelers, out of curiosity, and men in public business would expend among us. But all these advan- tages, acquired and accidental, together with many more that might be mentioned whilst we are connected with the old coun-
152
HAYWOOD'S HISTORY OF TENNESSEE.
ties, may not only be nearly useless to us, but many of them prove injurious; and this will always be the case during a con- nection with them, because they are the most numerous, and, consequently, will always be able to make us subservient to them; that our interest must be generally neglected, and some- times sacrificed, to promote theirs, as was instanced in the late taxation act, in which, notwithstanding our local situation and improvement being so evidently inferior, that it is unjust to tax our lands equally, yet they have expressly done it; and our lands, at the same time, not one-fourth of the same value. And to make it still more apparent that we should associate the whole councils of the State, the Continental Congress, by their re- solves, invite us to it. The Assembly of North Carolina, by their late cession bill, opened the door, and by their prudent measures invite us to it. And as a closing reason to induce to a speedy association, our late convention, chosen to consider public affairs and concert measures as appears from their re- solves, have unanimously agreed that we should do it by sign- ing the following articles:
"Firstly, that we agreed to intrust the consideration of pub- lic affairs, and the prescribing rules necessary to a convention, to be chosen by each company as follows: That if any company should not exceed thirty, there be one representative; and where it contains fifty, there be two; and so in proportion, as near as may be; and that their regulations be reviewed by the associa- tion.
"Secondly, as the welfare of our common country depends much on the friendly disposition of Congress, and their rightly understanding our situation, we do, therefore, unanimously agree to speedily furnish a person, with a reasonable support, to present our memorial and negotiate our business in Con- gress.
"Thirdly, as the welfare of the community also depends much on public spirit, benevolence, and regard to virtue, we therefore unanimously agree to improve and cultivate these, and to dis- countenance every thing of a contradictory and repugnant nat- ure.
"Fourthly, we unanimously agree to protect this association with our lives and fortunes, to which we pledge our faith and reputation." .
153
HAYWOOD'S HISTORY OF TENNESSEE.
These reports being made and concurred with, on motion of Mr. Cocke, it was resolved that the clerks of the County Courts, who have the bonds and recognizance of any officers; sheriffs and collectors, who have collected any of the public moneys, or are about now to collect any of the same, are hereby specially commanded and required to hold said bonds in their possession and custody until some mode be adopted and prescribed to have our accounts fairly and properly liquidated with the State of . North Carolina. And they resolved further that all the sheriff's and collectors, who have before collected any of the public mon- eys, shall be called on, and render due accounts of the moneys that they have collected and have in their hands, or may collect by virtue of their office.
Messrs. White and Doak moved and were permitted to enter their dissent against both of these resolutions, because, in their opinion, it was contrary to law to retain the bonds. They re- solved that the next convention be held at the court-house of Washington County on the 16th day of September, 1784, and to that day they adjourned.
We shall presently perceive the reason why a provision was so carefully made for the admission of such contiguous parts of Virginia as might choose to become members of that society. The convention expected the coalition of the people of Wash- ington County, in Virginia, and some of their neighbors.
The Assembly of North Carolina met at New Berne on the 22d of October, and rose on the 25th of November. During this session they repealed the act for ceding the western country to Congress; and in the mouth of November, 1784, the convention again met at Jonesboro, and broke up in confusion. By this time there were three parties in the western counties: one ve- hement for a Constitution which had been proposed by the mi- nority; a second for the plan approved of by the committee of the convention; and a third which thought it would be best to return to the State of North Carolina, which was now preparing to repeal the cession act, and shortly after did so. At this ses- sion North Carolina not only repealed the cession act, but divided the District of Morgan, and erected some of the coun- ties which formerly composed it into the District of Washing- ton-namely, Washington, Sullivan, Davidson, and Greene Counties-and appointed an assistant judge and attorney-gen-
154
HAYWOOD'S HISTORY OF TENNESSEE.
.
eral to officiate in the Superior Court, which they directed to be held for that district at the court-house of Washington County; and they provided an additional compensation for any of the judges of the Superior Court of North Carolina who would at- tend and hold that court with the said assistant judge. They also formed the militia of that district into a brigade, and ap- pointed Col. Sevier the brigadier-general; and he was satisfied with these provisions in favor of the western people, for on the day when the people were all collected in Washington County to elect deputies for the ensuing convention, which was to meet on the 14th of December, Col. Sevier, at Jonesboro, where the electors were assembled, ascended the steps of an elevated door, and took from his pocket a letter which he had received from Col. Joseph Martin, who had but just returned from the Assem- bly of North Carolina, in which was contained the information that the Assembly of North Carolina had granted to the people of the western counties a General Court, had formed their mi- litia into a brigade, had appointed him the brigadier-general, and had repealed the cession act of the last session. "The grievances," said he, "which the people complained of are re- dressed, and my recommendation to them is that they proceed no farther in their design to separate from North Carolina."
By a commission from Gov. Martin, of North Carolina, dated the 26th of November, 1784, Col. Sevier was appointed brigadier- general of the District of Washington, and, by a written com- munication, dated the 1st of January, 1785, and directed to Col. Kennedy and the inhabitants of Greene County, he stated to them that he had been recently and credibly informed that the Legislature of North Carolina had repealed the cession act of the last session and had erected the eastern counties into a district by the name of Washington; and to prevent confusion and controversy amongst the people of those counties, he begged that all further pursuits in respect to a new government might be declined.
Mr. Cocke, however, soon afterward had an interview with him and erased the favorable impression he had received toward the government of North Carolina. The delegates were elected. The convention again met at Jonesboro on the 14th of Decem- ber, 1784, and, though at this time fully apprised of the repeal of the cession act by North Carolina, they proceeded without
4
.
155
HAYWOOD'S HISTORY OF TENNESSEE.
any regard to it. Each county had elected five deputies, the same number from each county, which, in 1776, had formed the Constitution of North Carolina. The deputies chosen from Washington were: John Sevier, who was made President of the convention, William Cocke, John Tipton, Thomas Stewart, and the Rev. Samuel Houston. For the county of Sullivan: David Looney, Richard Gammon, Moses Looney, William Cage, and John Long. For the county of Greene: James Reese, Daniel Kennedy, John Newman, James Roddye, and Joseph Hardin. They agreed upon the form of a Constitution under which the new government should be organized and act till it should be rejected or received by a new convention, which they directed to . be elected and to meet at Greeneville on the 14th of November, 1785. Before a final ratification of the new Constitution, they wished to excite discussion amongst the people and to elicit and collect the public sentiment upon its merits or defects. In the meantime it was ordained that the Assembly at Frankland, for that was the name given to the new State, should be elected and should meet early in the year of 1785, for the purpose of put- ting into operation the new government. The Assembly met at the appointed time to legislate for the State of Frankland, and elected John Sevier Governor, David Campbell a judge of the superior court, and Joshua Gist and John Anderson assistant judges. Landon Carter was Speaker of the Senate, and William Cage Speaker of the House of Commons. They appointed like- wise all other officers, civil and military, which by the forms of the new Constitution they were authorized to make. The ap- pointments generally fell upon those who already held offices under the State of North Carolina. The new appointments were generally accepted and acted under. The government of Frank- land being thus organized, and the agents to administer it being thus prepared, it soon afterward went into full operation.
The Assembly of Frankland, by a communication signed by the two Speakers and transmitted to Alexander Martin, Esq .. the Governor of North Carolina, announced to him that they and the inhabitants of the counties of Washington, Sullivan, and Greene had declared themselves independent of the State of North Carolina, and no longer considered themselves under the sovereignty and jurisdiction of that State. In this document they set forth the reasons for their separation. On the 25th of
156
HAYWOOD'S HISTORY OF TENNESSEE.
April, 1785, Gov. Martin issued his manifesto, in which he stated and answered seriatim each alleged cause of separation. One reason, said he, is that the western country was ceded to Con- gress without their consent, by an act of the Legislature, and the same was repealed in the same manner. To this he replied that the impartial world may judge. Let facts be brought for- ward and speak for themselves. The journals of the Assembly hold up to public view the names of those who voted on the dif- ferent sides of that important question, where is found a con- siderable number, if not a majority of the members, some of whom are leaders in the present' revolt, then representing the above counties in the aforesaid territory, in support of the act they now deem impolitic, and pretend to reprobate, which in all probability would not have passed but through their influence and assiduity, the passage of which was at length affected but by a small majority. That government should still be support- ed and the anarchy prevented, which it is now suggested the western people were ready to fall into; the sovereignty and ju- risdiction of the State of North Carolina were by another act passed at the same Assembly reserved over the ceded territory, with full power and form as before, until Congress shall accept the cession aforesaid. The last Assembly having learned what uneasiness and discontent the cession act had occasioned through the State, whose inhabitants had not been consulted in that pre- cipitate measure, judging the act impolitic at this time, more es- pecially as it would, for a small consideration, dismember the State of one-half ber territory, when no one State had parted with any of her citizens on the like occasion, or given any thing like an equivalent but vacant lands of a disputed title and dis- tant situation; and also, considering that the act by its tenor and form was revocable at any time before the delegates should complete the cession by grant, repealed it by a great majority. At the same time the Assembly, to satisfy the people of the western country that although they had ceded the vacant terri- tory, by no means had relinquished the sovereignty and juris- diction of the State over them, and to convince them of their affection and attention to their interest, attempted to render government as easy as possible to them by removing such incon- veniences and grievances as they might labor under for want of a regular administration of criminal justice, and a proper and
157
HAYWOOD'S HISTORY OF TENNESSEE.
immediate command of the militia. A new district was erected, an assistant judge and a brigadier-general were appointed.
Another reason for the revolt is assigned that the Assembly, on passing the cession act, shipped a quantity of goods they had intended for the Cherokee Indians as a compensation for their claims to the western lands, and that the Indians had committed murder in consequence thereof. The journals of the Assembly evince the contrary, that the goods were still ordered to be given to the Indians, but under the regulation of Congress, should the cession take place. This occasioned the delay of not immediately sending them forward, of which the Indians were particularly and timely notified. "And I am well informed," said he, "that no hostilities or mischiefs had been committed on this account; but, on the other hand, that provocations have been and are daily given, their lands trespassed upon, and even one of their chiefs murdered with impunity. On the repeal of the cession act, a treaty was ordered to be held with the Indians and the goods distributed as soon as the season would permit, which before this would have been carried into effect had not the face of affairs been changed. Under what character but truly disgraceful could the State of North Carolina suffer treat- ies to be held with the Indians, and other business transacted in a country where her authority and government were rejected and set at naught, and her officers liable to insult and void of assistance and protection ?
"The particular attention the Legislature have paid to the in- terest of the western citizens, though calculated to conciliate their affections and esteem, has not been satisfactory, but has been attributed to lucrative designs. Whatever designs the As- sembly might entertain in the repeal of the cession act, they appear to be in favor of the State at large, that every citizen might reap the advantage of the vacant territory, by reserving it for the payment of the public debts of the State, under such regulations hereafter to be adopted, judging it ill-timed generos- ity to be too liberal of the means which would greatly contribute to their honesty. But designs of a more dangerous nature, and of a deeper dye, seemed to glare in the western revolt. The power usurped over the vacant territory, the Union deriving no emol- ument from it, not even the part intended this State by the cession, being reserved; her jurisdiction and sovereignty over
158
HAYWOOD'S HISTORY OF TENNESSEE.
the country, which by the consent of its representatives were to remain, and to be exercised, rejected, and deposed; her rev- enue in that part of the government seized by the new authority and not suffered to be paid to the lawful treasury, but appropri- ated to purposes different from those intended by the Legislat- ture-are all facts that evince a restless ambition and lawless thirst for power to have inspired this enterprise, by which those persons concerned therein may be precipitated into measures which must at last bring down ruin upon themselves and our country at large. In order, therefore, to reclaim such citizens, who, by specious pretenses and the arts of designing men, have been seduced from their allegiance to the State, to restrain oth- ers from following their example who are wavering, and to con- firm the attachment and affection of those who adhere to the old government, and whose fidelity has not yet been shaken, I have, said he, thought proper to issue this manifesto, warning all per- sons concerned in the revolt that they return to their duty and allegiance, and forbear paying any obedience to any self-created power and authority unknown to the Constitution of the State, and unsanctioned by the Legislature; that far less causes have deluged States and kingdoms in blood, which have at length terminated their existence, either by subjecting them a prey to foreign conquerors, or erecting in their room a despotism that has bid defiance to time to shake off the lowest state of misery human nature can be reduced to under such a government. That they should reflect, there is a natural pride in all kingdoms and States which inspires every citizen and subject with impor- tance, the grand cement and support of government which must not be insulted. That the honor of this State has been particularly wounded by prematurely seizing that by violence which in time, no doubt, would have been granted by consent, when the terms of separation could have been explained and stipulated to the mutual satisfaction of the mother and new State. That Congress, by the confederation, cannot countenance such a separation, wherein the State of North Carolina has not given her full consent, and if an implied and conditional one has been given, it has been rescinded by a full Legislature. So sol- emn and serious a business will be transacted with caution; that by such rash, irregular conduct a precedent is formed for every district, or even every county in the State, to claim the right of
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.