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 16
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separation and independence for any supposed grievance of the inhabitants, as caprice, pride, or ambition shall dictate, with impunity, thereby exhibiting to the world a melancholy instance of a feeble and pusillanimous government that is unable, or does not restrain the designs or punish the offenses of its lawless citizens, which will give ample cause of exultation to our late enemies, and raise their hopes that they may hereafter gain by the divisions among ourselves that dominion which their tyranny and arms have lost, and could not maintain. That the citizens of the western country tarnish not the laurels they so gloriously won at King's Mountain and elsewhere in supporting the inde- pendence of the United States, and this in particular, to be whose citizens was their boast, in being concerned in a black and traitorous revolt from the government in whose defense they have so copiously bled, and still, by solemn oath, are bound to support. Let not Vermont be held out as an example. Ver- mont had her claims for a separation before the existence of the American war, and as such with the other States has exercised her efforts against the late common enemy. That you be not insulted or led away with the pageantry of a mock government, without the essentials; a shadow without the substance, which always dazzles weak minds, and which, in its present form and manner of existence, will not only subject you to the ridicule and contempt of the world in general, and raise the indignation of the other States in the Union at your intruding yourselves as a power amongst them without their consent. Consider what a number of men of different abilities will be wanting to fill the civil list of the State of Frankland, the expense necessary to sup- port them according to their various degrees of dignity; when the District of Washington, with its present officers, might an- swer all the purposes of a happy government until the period arrived when a separation might take place to mutual advan- tage and satisfaction, on an honorable footing.
"The Legislature will shortly sit, before which the transactions of your leaders will be laid. Let your representatives come for- ward and present every grievance in a constitutional manner, that they may be redressed; or let your terms of separation be made known, your proportion of the public debt be ascertained, the vacant territory appropriated to the mutual benef : of both parties, in such manner and proportion as may be just and rea-
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sonable. Let your proposals be consistent with the honor of the State to accede to, which, by your allegiance as good citi- zens, you cannot violate, and he made no doubt her generosity would meet their wishes. But, on the contrary, should you," he continued, "be hurried by blind ambition to persist in your pres- ent unjustifiable measures, which may open afresh wounds of this late bleeding country, and plunge it again in the miseries of civil war, which God avert, let the fatal consequence be charged on the authors. It is only time which can reveal the event. The State with reluctance will be driven to arms. It will be her last alternative to imbrue her hands in the blood of her citizens. But if no other way or means can be found to save her honor and reclaim her headlong, refractory citizens but this last-named expedient, her resources are not so exhausted, or her spirit so damped, but that she may take satisfaction for the in- jury received, regain her government over the revolted territo- ry, or render it not worth the possessing. But all these effects may be prevented by removing the cause, by those who have swerved from their duty and allegiance returning to the same, and those who have stood firm still continuing to support the government of the State until the consent of the Legislature be fully and constitutionally had for a separate sovereignty and ju- risdiction, all which, by virtue of the power and authority which your representatives and others in the State at large have in- vested me with in General Assembly, I hereby command and require, as you will be liable to answer all the pains and penal- ties that may ensue on the contrary."
This State paper, conceived in the glowing spirit of the day, presents to full view the governing motives of the contending parties-the alleged causes of separation, together with the ar- guments then resorted to for their refutation, the topics then dwelt upon, and the sentiments recommended in place of those which the chosen leaders of the new government had avowed, and were endeavoring to propagate-it gives a fresh and ani- mated picture of the times, and therefore, upon this subject, is of great importance. Copies were dispersed and read among the citizens of the new State. Many were induced to look more deeply into the subject than they had before done; and the ad- herents of North Carolina were supplied with new weapons to be used against their adversaries as fresh stimulants to perse-
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vere in the course they were pursuing. But, as was to be ex- pected, the government of Frankland did not recede from its purposes, nor harbor the most distant thought of abandoning the position it had taken. It soon began, however, to experience an increased weight of opposition; and those who were learned in politics could already begin to perceive the deleterious princi- ple by which the first constitution of every system, whether nat- ural or political, is destined at some future period to be brought to an end.
County Courts as well as Superior Courts were established, and justices of the peace were appointed. All acted in the places assigned them. New counties were erected-Caswell, Spencer, and Sevier. The latter county covered the same territory that it now does, and some part of what is at present the County of Blount. Caswell County occupied the section of country which is now Jefferson. Spencer County occupied what is now Haw- kins.
On the 10th of June, 1785, the Governor, by proclamation, announced the appointment of Mr. Ramsey as Clerk of the Su- perior Court for the District of Washington. County and Su- perior Courts were held, and the militia was mustered and dis- ciplined under its authority. Samuel Weir was the Clerk of the County Court of Sevier, and colonel of the militia. Samuel Newell and John Clack were the Representatives of the county in the next General Assembly. Thomas Henderson was the Clerk of the County Court of Spencer and colonel of the mi- litia; and William Cocke and Thomas King Representatives. Joseph Hamilton was the Clerk of the County Court of Caswell, George Doherty was colonel of the militia, and Alexander Out- law and Henry Caney Representatives. Daniel Kennedy was. the Clerk of the County of Greene, and John Newman colonel of the militia. James Sevier was the Clerk of the County Court of Washington. John Rhea was the Clerk of the County Court of Sullivan; George Maxwell, Col. John Long, John Provin, and George Maxwell, members of the Assembly. Landon Carter was appointed Secretary of State; Daniel Kennedy and William Cocke, brigadier-generals; and they delegated William Cocke to represent their situation to the Congress of the United States. Mr. Cage was elected Treasurer, and Stokely Donaldson, Sur- veyor. In the place of the late Speaker of the House of Com-
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mons they made Joseph Hardin, from Greene County, the Speaker. And thus the new government seemed to float upon the full tide of success.
The following is a list of the acts of the first session of the first General Assembly of Frankland. They were ratified on the 31st of March, 1785; were signed by Landon Carter, Speaker of the Senate; countersigned by Thomas Talbot, Clerk of the Senate; and by William Cage, Speaker of the House of Com- mons; countersigned by Thomas Chapman, Clerk of the House:
An act to establish the legal claims of persons claiming any property under the laws of North Carolina, in the same manner as if the State of Frankland had never formed itself into a dis- tinct and separate State.
An act to appoint commissioners, and to vest them with full power to make deeds of conveyance to such persons as have purchased lots in the town of Jonesboro.
An act for the promotion of learning in the County of Wash- ington.
An act to establish a militia in this State.
An act for dividing Sullivan County, and part of Greene, into two distinct counties, and erecting a county by the name of Spencer.
An act for procuring a great seal for this State.
An act directing the method of electing members of the Gen- eral Assembly.
An act to divide Greene County into three separate and dis- tinct counties, and to erect two counties by the name of Caswell and Sevier.
An act to ascertain the value of gold and silver foreign coin, and the paper currency now in circulation in the State of North Carolina, and to declare the same to be a lawful tender in this State.
An act for levying a tax for the support of government.
An act to ascertain the salaries allowed the Governor, Attor- ney-general, judges of the Superior Courts, assistant judges, Sec- retary, Treasurer, and members of the Council of State.
An act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and collecting public taxes.
An act to ascertain the powers and authorities of the judges
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of the Superior Courts, the assistant judges, and justices of the peace; and of the County Courts of Pleas and Quarter Sessions, and denoting the time and place of holding the same.
An act for erecting a part of Washington County, and that part of Wilkes County lying west of the extreme heights of the Appalachian and Alleghany Mountains, into a separate and dis- tinet county by the name of Wayne.
These laws were nearly copies of those made in North Car- olina upon the organization of the revolutionary government. Their style was this: "Be it enacted by the General Assembly of the State of Frankland." The present temporary form of government, until a new Constitution should be made by the people, was that of North Carolina. The State of Frankland, at the rise of this session, was composed of the counties of Washington, Sullivan, Greene, Caswell, Sevier, Wayne, and Spencer. The first Monday of August was fixed by law for the annual meeting of the Legislature. In the law for levying a tax for the support of the government was the clause following:
"Be it enacted, That it shall and may be 'lawful for the afore- said land tax, and all free polls, to be paid in the following man- ner: Good flax linen, ten hundred, at three shillings and six pence per yard; nine hundred, at three shillings; eight hundred, two shillings and nine pence; seven hundred, two shillings and six pence; six hundred, two shillings. Tow linen, one shilling and nine pence; linsey, three shillings; and woolen and cotton linsey, three shillings and six pence per yard; good, clean, bear- er skins, six shillings; cased otter skins, six shillings; uncased otter skins, five shillings; raccoon and fox skins, one shilling and three pence; woolen cloth, at ten shillings per yard; bacon, well cured, six pence per pound; good, clean tallow, six pence per pound; good, clean bees-wax, one shilling per pound; good, distilled rye whisky, at two shillings and six pence per gallon; good peach or apple brandy, at three shillings per gal- loon; good, country-made sugar, at one shilling per pound; deer skins, the pattern, six shillings; good, neat, and well-managed tobacco, fit to be prized, that may pass inspection, the hundred, fifteen shillings, and so on in proportion for a greater or less quantity." They by law estimated two dollars and a half to be equal to fifteen shillings of the current money of Frankland. They allowed the Governor annually two hundred pounds; the
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attorney-general twenty-five pounds for each court he attended; the Secretary twenty-five pounds for the present year, over and above the fees allowed him by law; the judge of the superior court, one hundred and fifty pounds for the present year; the assistant judges twenty-five pounds each for every court they shall attend; the Treasurer, forty pounds per year; and each member of council, six shillings per day for each day he shall be in actual service. The last section of the act is in these words: "And all the salaries and allowances hereby made shall be paid by the Treasurer, sheriff, or collector of public taxes, to any person entitled to the same, to be paid in specific articles as collected, and the rates allowed by the State for the same, or in current money of the State of Frankland." In specifying the skins which might be received as a commutation for money, the risibility of the unthinking was sometimes excited at the remu- neration. The rapidity of wit, which never stops to be informed, and which delights by its oddities, established it as an axiom that the salaries of the Governor, judges, and other officers were to be paid in skins absolutely; and. to add to their merriment, had them payable in mink skins. This idea has been the theme of much pleasantry toward the citizens of Frankland. But, in sober reason, it is to be remembered that the lord proprietors of Carolina, at an early day, preferred peltry to paper bills of credit; and certainly, even now, there are quantities of paper money in the United States between which and the mink skins of East Tennessee there would be no comparison nor any hesitancy in giving the preference to the mink skins.
It is to be remarked that in the State of Frankland at that day merchants from the north were always ready with their gold and silver to purchase skins and furs, which could be at any moment exchanged for gold and silver at certain well-known and well-established prices, with as much ease as a bill of ex- change could now be converted into cash, and in some instances with much more certainty. And it may be safely said that at this moment it would be a matter of great consolation to many of the citizens of Tennessee had some of their banks been founded on mink skin capital. The government of Frankland was not in- attentive to their relations with the neighboring Indians. Gov. Sevier, with two others, Alexander Outlaw and Daniel Kennedy, were appointed commissioners to treat with them, and met a
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great number of the Cherokee chiefs with the king of the Cher- okees, at the house of Maj. Henry, on the French Broad River, on the 31st of May, 1785, and continued their conferences to the 2d of June. The Indians agreed in the end that all the lands on the south of the French Broad and the Holston, as far as the di- viding ridge between Little River and Great Tennessee, may be inhabited by the white people, for which, in general terms, they are promised compensation. Both parties professed a sincere de- sire for the blessings of peace and an ardent wish that it might be of long continuance. The Governor, in a speech well calcu- lated to produce the end he had in view, deplored the sufferings of the white people; the blood which the Indians had spilled on the road leading to Kentucky; lamented the uncivilized state of the Indians, and, to prevent all future animosities he suggested the propriety of fixing the bounds, beyond which these settle- ments should not be extended which had been imprudently made on the south side of the French Broad and the Holston, under the connivance of North Carolina, and could not now be broken up; and he pledged the faith of the State of Frankland, if these bounds should be agreed upon and made known, that the citi- zens of this State should be effectually restrained from all en- croachment beyond it. The Assembly met again in August and passed laws for promoting the views of the new government. They passed a law for encouraging the expedition which it was intended should proceed down the river on the western side and take possession of the bend of the Tennessee, under the titles derived from the State of Georgia. A division into parties had commenced and was silently making its way, and the flames of discord were fanned by the repealing act of North Carolina. One party began to prefer an adherence to North Carolina, and the other harbored the wish to oppose all practical impediments to the government of Frankland. The powers of government, however, were exercised in the name of the new State, without any remarkable obstruction, till some time toward the latter part of the year 1785. It was found in the fall of this year that the novelty of change and of new titles and dignities possessed fascinations which were not confined to the counties that now constituted the State of Frankland. Washington County. in Vir- sinia, adjoined the county of Sullivan, and neither ambition nor pretexts were wanting to stir up among the populace, ever cap-
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tivated by new spectacles, a desire to be separated from the mother State. The seeds of disaffection were industriously sown among the people of Washington and their neighbors. Such topics as supplied the most spacious. grounds of complaint were fixed upon and carefully introduced into public discourses. As discontents were perceived to arise, the scheme of disapprobs tion of public measures gradually advanced; at length its objects were so daringly avowed as to call for the interposition of the chief magistrate of Virginia.
In the month of October, 1785, Gov Henry communicated to the Assembly of Virginia the intelligence he had received, in the following words: "I transmit herewith a letter from the Honorable Mr. Hardy, covering a memorial to Congress from sundry inhabitants of Washington County, praying the estab- lishment of an independent State, to be bounded as therein ex- pressed. The proposed limits include a vast extent of country in which we have numerous and very respectable settlements, which, in their growth, will form an invulnerable barrier be- tween this country and those who, in the course of events, may occupy the vast places westward of the mountains, some of whom have views incompatible with our safety. Already the militia of that part of the State is the most respectable we have, and by their means it is that the neighboring Indians are awed into professionsof friendship. But a circumstance has lately hap- pened which renders the possession of territory at the present time indispensable to the peace and safety of Virginia. I mean the assumption of sovereign power by the western inhabitants of North Carolina. If the people who, without consulting their own safety, or any other authority known in American consti- tutions, have assumed government, and while unallied to us, and under no engagements to pursue the objects of federal govern- ment, shall be strengthened by the accession of so great a part of our country, consequences fatal to our repose will probably follow.
" It is to be observed that the settlements of this new soci- ety stretch into a great extent in contact with ours in Washing- ton County, and thereby expose our citizens to the contagion of the example which bids fair to destroy the peace of North Car- olina. In this state of things, it is that variety of information has come to me stating that several persons, but especially Col.
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Arthur Campbell, have used their utmost endeavors, and with some success, to persuade the citizens in that quarter to break off from this commonwealth and to attach themselves to the newly assumed government, or to erect one distinct from it. And to effect this purpose, the equality and authority of the laws have been arraigned, the collection of the taxes impeded, and our national character impeached. If this most important part of our territory be lopped off, we lose that barrier for which our people have long and often fought; that nursery of sol- diers from which future armies may be levied, and through which it will be almost impossible for our enemies to penetrate.
"We shall aggrandize the new State, whose connections, views, and designs we know not; shall cease to be formidable to our savage neighbors, or respectable to our western settlements, at present or in future.
" Whilst these and many other matters were contemplated by the executive, it is natural to suppose the attempt at separation was discouraged by every lawful means, the chief of which was displacing such of the field officers of the militia in Washington County as were active partisans for separation, in order to pre- vent the weight of office being put in the scale against Virginia. To this end a proclamation was issued, declaring the militia laws of the last session in force in that county, and appoint- ments were made agreeable to it. I hope to be excused for ex- pressing a wish that the Assembly, in deliberating on this affair, will prefer lenient measures, in order to reclaim our erring citi- zens. Their taxes have run into three years, and thereby grown to an amount beyond the ability of many to discharge; while the system of our trade has been such as to render their agri- culture unproductive of money. And I cannot but suppose that if even the warmest supporters of separation had seen the mischievous consequences, they would have retraced and con- sidered that intemperance in their own proceedings which op- position in sentiment is too apt to produce."
The disapprobation of this great patriot and enlightened man, though it eventually suppressed the multitudinary commotions in Washington, of Virginia, had not the like effect upon the new government of Frankland.
The limits proposed for the new government of Frankland by Col. Arthur Campbell and the people of Virginia who aimed at
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a separation from that State, were expressed in the form of a Constitution, which Col. Campbell drew up for public examina- tion, and were these: Beginning at a point on the top of the Al- leghany or Appalachian Mountains so as a line drawn due north from thence will touch the banks of New River, otherwise called Kenhawa, at the confluence of Little River, which is about one mile above Ingle's Ferry; down the said river Kenhawa to the mouth of Rencovert or Green Briar River; a -direct line from thence to the nearest summit of the Laurel Mountain, and along the highest part of the same to the point where it is in- tersected by the parallel of thirty-seven degrees north latitude; west along that latitude to a point where it is met by a meridian line that passes through the lower part of the rapid of Ohio; south along the meridian to Elk River, a branch of the Tennes- see, down this said river to its mouth, and down the Tennessee to the most southwardly part or bend in said river; a brief line from thence to that branch of the Mobile called Donbigbee; down said river Donbigbee to its junetion with the Coosawatee River, to the mouth of that branch of it called the Hightower; thence south to the top of the Appalachian Mountains, or the highest land that divided the sources of the eastern from the western waters, northwardly along the middle of said heights and the top of the Appalachian Mountain to the beginning. It was stated in the proposed form that the inhabitants within these limits agree with each other to form themselves into a free, sov- ereign, and independent body, politic or State, by the name of the Commonwealth of Frankland. The laws of the Legislature were to be enacted by the General Assembly of the Common- wealth of Frankland; and all the laws and ordinances which had been before adopted, used, and approved in the different parts of this State, whilst under the jurisdiction of Virginia and North Carolina, shall still remain the rule of decision in all cases for the respective limits for which they were formerly adopted, and shall continue in full force until altered or re- pealed by the Legislature; such parts only excepted as are re- pugnant to the rights and liberties contained in this Constitu- tion or those of the said respective States.
The Assembly of North Carolina, which commenced its session at Newbern on the 19th of November, 1785, passed an act preced- ed by a preamble, in which it is stated as represented to the As-
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sembly that many of the inhabitants of Washington, Greene, and Sullivan Counties have withdrawn their allegiance from this State, and have been erecting a temporary separate government amongst themselves, in consequence of a general report and be- lief that the State being inattentive to their welfare had ceased to regard them as citizens, and had made an absolute cession, both of the soil and jurisdiction of the country in which they re- side, to the United States, in Congress. And whereas such re- port was ill-founded, and it was and continues to be the desire of the General Assembly of this State to extend the benefits of civil government to citizens and inhabitants of the western counties until such time as they might be separated with advan- tage and convenience to themselves. And the Assembly are ready to pass over and consign to oblivion the mistakes and mis- conduct of such persons in the above-mentioned counties as have withdrawn themselves from the government of this State; to hear and redress their grievances, if any they have, and to af- ford them the protection and benefits of government until such time as they may be in a condition, from their numbers and wealth, to be formed into a separate commonwealth, and be re- ceived by the United States as a member of the Union. By the act itself they put in total oblivion all matters and things done and transacted by the inhabitants of the counties aforesaid, in setting up or endeavoring to set up an independent government, and carrying on the same, and pardoned the same, provided they returned to their allegiance to this State; and they appointed elections to be held in those counties, of persons to represent them in the next General Assembly of North Carolina; and the freemen were authorized to elect three good men to superintend and act as inspectors of the poll in case of the failure of the County Court to appoint inspectors, as the standing laws of elections required; and the inspectors thus chosen by the free- men were empowered to make a return and certificate of the persons duly elected; they also gave eighteen months further time for the completion of surveys; they also at this session ap- pointed officers for the revolted counties, both civil and milita- ry, in place of those who had been appointed by the govern- ment of Frankland. Notwithstanding these advances toward a good understanding and reconciliation by the Assembly of North Carolina, many of the inhabitants of the western counties
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