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 18
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Measures conceived in so much moderation, and breathing nothing but benignity, could not fail to make the wished-for im- pression upon those whom they affected. The Assembly of North Carolina directed that the first court for the county of Washington should be held at William Davis's, on Buffalo Creek, ten miles from Jonesborough. Commissioners were ap- pointed to fix on some suitable place on which to erect the pub- lic buildings and to fix the seat of justice for this county. Aft- er various meeting aad consultations, they finally agreed upon Jonesborough as the proper place. The County Court bad been held there for several years before, until the courts them- selves were discontinued by the intrusion of the new govern- ment of Frankland. A year before this period, County Courts were held at Davis's under the authority of North Carolina; whilst at the same time courts were held at Jonesborough un- der the government of Frankland. The partisans of each gov- ernment quarreled with those of the other. Tipton and Sevier both resided in the county of Washington, and, being the leaders of different sides, kept the people in a continual agitation and uproar, each alternately breaking up the courts of the other.
Here it is right to remember, in justice to those who once ap- peared on the side of the new government and now on the side of North Carolina, that the face of affairs was quite different at the time of the convention of Frankland, which resolved upon independence, and in the fall of the year 1786. Before this juncture there was no governmental head to which the people of the western counties could carry their complaints. In 1784, it is true, the Assembly 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, as if the act for making it had never been passed. Yet. in reality, so long as the cession act continued unrepealed, North Carolina
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felt herself as much estranged from the inhabitants of the west- ern counties as she was with respect to any other State or Terri- tory in the United States. Until induced by the bonds of fed- eralism and a common interest, so far as concerned their external relations with other nations of the globe, but wholly unconnect- ed, so far as regarded their internal relations and engagements, and as any one State was not obliged, by the nature of her fed- eral duties, to advance moneys for the maintenance of another in the possession of her rights, but through the intervention of all, in Congress assembled; so neither did North Carolina con- ceive herself bound to exert her strength or resources for the defense of the western counties, unless in the proportion for which she was liable to other federal contributions. It was in vain, then, to solicit for 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, when North Carolina declared herself desirous to extend to them the benefits of civil government, whence it might be rationally inferred that every necessary and proper support would be af- forded, it certainly cannot be a matter of surprise that many well-meaning and intelligent persons, believing their declara- tions, thenceforward deemed it their duty to return to their de- pendence on North Carolina. If there be any competent reason which should have precluded Col. Tipton and his associates from the adoption of the course they took, it must be confessed that it is not very obvious; at the same time others are not to be blamed who reflected upon the past conduct of North Carolina and the unpromising circumstances in which she stood in rela- tion to the western counties should come to the conclusion that no real and solid advantages were to be expected from further connection with her, for perhaps this was the opinion which every experienced politician should have formed.
The fate of the State of Frankland was imperceptibly hasten- ing to a crisis. Every day she sustained the loss of some friend, who by an accession to the cause of her adversaries added to their strength and confidence. Those who stood firm were yet respectable for numbers, and satisfied beyond doubt of the cor- rectness of their opinion. They formed an impenetrable pha- lanx which a change of sentiment was not likely to dissolve or impair for the future.
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The year 1786 closed and that of 1787 opened with the melan- choly prospects that fellow-citizens and neighbors might, ere- long, be engaged in spilling the blood of each other. Gov. Se- vier, aware that the government of Frankland would soon be in a tottering situation, endeavored by the utmost assiduity to procure props for it in every quarter whence it was imagined they might be possibly furnished. At his suggestion the Assembly of Frankland had professed a readiness to join the arms of their State to those of Georgia in prosecution of a war against the Creeks, should the conduct of the latter make it necessary. The Governor, in the latter part of January, 1784, had dispatched Maj. Elholm, a man of address and skill in the management of business, to the executive of that State with these tokens of friendship, and with sealed instructions to attach to the inter- ests of the State of Frankland as many of the leading men of Georgia as could, by proper representations, be inspired with a disposition to wish for the prosperity of the new government. So well did Maj. Elholm conduct the affairs which were com- mitted to his charge that he caused them to be made a subject of legislative deliberation, and to be reported on by a commit- tee on the 3d of February, 1787, in which it was stated that the letters from John Sevier, Esq., evinced a disposition which ought not to be unregarded by the State, particularly with respect to the intention of the people of Nolichuchy to co-operate with those of Georgia in case of Indian hostilities, as the late alarms indicated, and it recommended that his Honor, the Governor, inform the Hon. John Sevier, Esq., of the sense which Georgia entertained of their friendly intentions to aid in the adjustment of all matters in dispute between the people of Georgia and the hostile tribes of Indians who were inimical to that State. It de- clared that Maj. Elholm, who had been so particularly recom- mended, was entitled to the thanks of the Legislature, and that a sum of money be drawn from the treasury for his use by a warrant to be issued by the government. Gov. Matthews on the 12th of February communicated to the Hon. John Sevier, Esq., the gratitude of the Assembly for the instances of his friendship which had been laid before them, and said he should feel him- self guilty of ingratitude, should it ever be in his power, not to render the Governor or his people every service that may not be inconsistent with the interests of the State of Georgia. The
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salvo at the end was a genuine exemplification of political sen- sation for proffered friendship, which is always supposed to have some selfish design at the bottom; and, indeed, if the facts were otherwise in the present instance, and if the offers really sprung from a principle of pure good-will to the people of Georgia, this cold answer must be considered as very unfit for the occasion. Gov. Sevier also had made the attempt to concil- liate the favor of Dr. Franklin, whose advice he had asked on the affairs of the new government. The Doctor, on the 30th of June, 1787, acknowledged himself sensible of the honor which, said he, your Excellency and your council thereby do mne. But being in Europe when your State was formed, I am too little ac- quainted with the circumstances to be able to offer you any thing just now that may be of importance, since every thing material that regards your welfare will doubtless have occurred to yourselves. There are two things which humanity induces me to wish you may succeed in: the accommodating your mis- understanding with the government of North Carolina, and the avoiding an Indian war by preventing encroachmeuts on their lands. Such encroachments are the more unjustifiable, as these people in the fair way of purchase, usually give very good bar- gains, and in one year's war with them you may suffer a loss of property and be put to an expense vastly exceeding in value what would have contented them perfectly in fairly buying the lands they can spare. Here (at Philadelphia) is one of their people who was going to Congress with a complaint from the chief of the Cherokees that the North Carolinians on the one side, and the people of your State on the other, encroach on them daily. The Congress not being now sit- ting, he is going back, apparently dissatisfied that our general government is not just now in a situation to render them justice, which may tend to increase ill-humor in that nation. I have no doubt of the good disposition of your government to prevent their receiving such injuries; but I know the strongest govern- . ments are hardly able to restrain the disorderly people who are generally on the frontiers, from excesses of various kinds, and possibly yours has not as yet acquired sufficient strength for that purpose. It may be well, however, to acquaint those en- croachers that the Congress will not justify them in the breach of a solemn treaty, and that if they bring upon themselves an
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Indian war they will not be supported in it. I will endeavor to in- form myself more perfectly of your affairs by inquiry and search- ing the records of Congress, and if any thing should occur to me that I think may be useful to you, you shall hear from me thereupon. I conclude with repeating my wish, that you may amicably settle your differences with North Carolina. The in- convenience to your people attending so remote a seat of gov- ernment, and the difficulty to that government in ruling well so remote a people would, I think, be powerful inducements to it to accede to any fair and reasonable proposition it may receive from you if the cession act had now passed.
The Governor in all these communications might plainly see both realized and personified the fable of the hare and many friends. But he had a persevering temper, and no idea of re- ceding had as yet entered his mind. He again wrote to the Governor of Georgia, by Maj. Elholm, and on the 20th of July in conncil it was ordered, upon consideration of his letter of the 20th of June, that the Board entertained a high sense of the friendly intentions of the people of Frankland, and wished to continue the correspondence between the Hon. John Sevier, Esq., and that State, and ordered that this letter be laid before the Legislature. On the 7th of August they used more perspi- cuity, and ordered an express to be sent to the Hon. John Se- vier, Esq., informing him of the present situation of this State with the Indians, and that he be requested by his Honor, the Governor, to take such measures as may be conducive to the safety of both people. Gen. Clarke professed that he would be very happy to be of any service to the State of Fraukland con- sistent with the interests of Georgia, and in case of a Creek war would meet him and his army with pleasure in the Creek Na- tion. It was apparent that the Georgians were willing that the Governor should fight for them if needful; but as to any assist- ance to be furnished by them to the government of Frankland, it seemed to be a question so far in the background at present as would not be likely in any short time to receive an unequiv- ocal answer. Gov. Matthews believed that his State wished to render the people of Frankland every service in its power not inconsistent arith its duty to the United States, expected a war with the Creeks and that the people of Georgia would be joined by those from the State of Frankland. Others of the leading men of
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Georgia, who were in less responsible situations, spoke with more warmth in favor of the State of Frankland; commended their zeal in the cause of liberty and their fidelity to each other; commended also the resolution of the Assembly, which had determined not to send a delegation to North Carolina, as had been pressed; spoke in very obliging terms of the zeal and capacity displayed by Maj. Elholm for the station he had been selected to fill, and also for the judicious discernment which had fixed upon him as the subject of its choice. The Council of Georgia received him as a man of distinction and gave him a seat in the Council whilst the dispatches of Gov. Sevier were under consideration. He as- sociated with the best characters in Georgia, and upon every good opportunity stated the warlike temper, the devotion to lib- erty of the Western people, and the fertility and beauty of their country, placing them in the most advantageous lights; till at length he succeeded with many of them in the engagement of their partialities in favor of his principles. The late Gov. Tel- fair addressed Gov. Sevier in the character of Governor of the State of Frankland; spoke highly of the ardor of Maj. Elholm in the service of the State of Frankland; made acknowledgment for the confidence reposed in him respecting the State of Frank- land; and gave an assurance, as far as was consistent with poli- cy and mutual interests and the duties which he owed to Geor- gia, that she should be the object of his care and attention. Fishburne, Col. Walton, and other distinguished characters made professions of their esteem for Gov. Sevier, and of their good wishes for the new State of Frankland. The Cincinnati Society adopted him as a member, and communicated the same to him in a very flattering letter. Col. Walton presented him with the thirteen Constitutions, neatly bound together, with a complimentary address, conceived in very neat and delicate terms.
In Georgia the people began to feel themselves interested in the success of the government of Frankland. A common toast then was: "Success to the State of Frankland, his excellency Gov. Sevier, and his virtuous citizens." On the 5th of Novem- ber, 1787, the late Gov. Matthews, in council and in behalf of the supreme power of the State of Georgia, presented to Maj. Elholm his warmest thanks for the assiduity of Maj. Elholm, and for the due attention that he had paid mutually to the State
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of Georgia and the people of Frankland. "Impressed deeply as we are," he said, "for the welfare of all those who have had independence enough to free themselves from British usurpa- tion, we cannot but be mindful of the good people of Frankland, and hope that erelong the interests of both will be sincerely and lastingly cemented. In respect to the policy of nations or coun- tries, one general observation may not be amiss: that those who strictly adhere to any constitution or principles agreed upon and solemnly entered into, and who do not commit any infringe- ment upon the principles and rights of the people, deserve to be respected. And as such appears to be the present disposition of the Franks, we are happy in the opportunity of testifying our approbation of their conduct in respect to the State of Georgia. When we last had the pleasure to receive a communication from the Hon. John Sevier, whom we respect, he informed us that the people of Frankland were met for deliberation, and that he would transmit us the result as soon as they should rise. As this communication has not yet arrived, we are at a loss to re- turn any answer thereto; but shall embrace the earliest oppor- tunity to do so, when we are favored therewith. I am directed, too, to request your particular attention to our very serious sit- uation, and beg leave at the same time that it may be communi- cated through you to the people of Frankland. We have neces- sarily entered into a war with the Creek Indians, and for the expelling of whom the Legislature of this State has passed a law, entitled 'An act for suppressing the violence of the Indians,' a copy of which you carry with you. You will there find that we have not been unmindful of your situation. It is now within the power of the people of Frankland to render very essential services to the people of this State, and from the very generous and liberal offer proffered us, we are confident that we shall re- ceive every assistance."
Late in December, 1787, Gov. Sevier had it in contemplation to march against the Creeks, and issued orders for the embody- ing of troops. He continued to be addressed at this time by Dr. Franklin as the Governor of the State of Frankland. The above-mentioned act, passed by the Legislature of Georgia, di- rected the raising of three thousand men, and empowered the executive to call for fifteen hundred more from Frankland; and the Governor wished to know whether it might be depended
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upon that fifteen hundred would be raised in Frankland, and at what time they would be ready to take the field. The bend of the Tennessee was allotted for the men to be raised in Frankland, and to supply the bounties to be given to them for entering into the service.
In the month of September, in the year 1787, the Legislature of Frankland met for the last time, in Greeneville. John Men- ifee was Speaker of the House of Representatives, and Charles Robinson Speaker of the Senate. Several bills passed both Houses, which were chiefly unimportant amendments of the laws of North Carolina. One, however, attracted notice, the object of which was to provide ways and means to descend the river and take possession of the bend of the Tennessee, under claims which Gov. Sevier and others had on this country. The Legis- lature also authorized the election of two representatives to at- tend the Legislature of North Carolina, to make such represen- tations as might be thought proper. Judge David Campbell and Landon Carter were elected to this office. Judge Campbell also acted in the Legislature of North Carolina, at Tarborough, as a member of that Assembly.
At this session they also opened the land office, directing the officers to take peltry instead of money, but before any entries were made the authority of the government of Frankland ex- pired.
The western counties, at the stated time of election in this year (1787), elected members and sent them to the General As- sembly of North Carolina at Tarborough, which commenced a session there on the 18th of November that ended on the 22d of December. Davidson sent James Robertson and Robert Hays; Greene was represented by David Campbell and Daniel Kenne- dy; Washington, by John Tipton, James Stuart, and John Blair; Hawkins, by Nathaniel Henderson and William Marshall; Sul- livan, by Joseph Martin, John Scott, and George Maxwell. These members returned home about the 4th of January, 1788. This Assembly extended their former acts of pardon and obliv- ion to all who desired to avail themselves of their advantages, and fully restored them to the privileges of citizens. They directed all suits to be dismissed which had been commenced for the re- covery of any penalty or forfeiture incurred by a non-compli- ance with the revenue laws; and gave a further time of three
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months, in which those might give in lists of their taxable prop- erty for the year 1787, who had failed to do it before. By this Assembly David Campbell was elected a judge of the Superior Court for the District of Washington, at Jonesborough. Col. White (afterward Gen. White ), who favored the government of Frankland, whose yea was yea and nay, nay, throughout his whole life, deemed the acceptance of this office by Campbell an unpardonable dereliction of duty. Meeting Campbell on the road as he returned home from Tarborough, he upbraided the latter with the desertion of his friends in very undisguised terms of reprobation.
In the year 1787 East Tennessee, though miserably entangled in other difficulties, was not entirely free from the inquietude of some restless spirits in relation to the Spaniards any more than West Tennessee was in 1783, when Col. Robertson was necessi- tated to contradict the reports which had reached the Baron de Carondalet of designs entertained by the people of Cumberland to make a descent upon the Spanish possessions on the Missis- sippi. Some ambitious men in East Tennessee had probably proposed and canvassed the same project, and had deemed it so far practicable as to resolve on its execution, so far as depended on themselves to bring it about. They resented the occlusion of the Mississippi against our commerce by the Spanish authorities, and were exasperated by the proposal of our minister delegated to treat with the Spanish court that the navigation of that river should be resigned for twenty-five years; and the more so, as Congress had made the proposal a subject for deliberation. The treaty made in 1784 in the fort at Pensacola, from the un- common nature of some of the articles, induced the belief that the Spanish Governors had great influence over the Creeks and encouraged them in that inimical temper and those animosities which of late, and indeed almost ever since the date of that treaty, they had evinced toward the people of Cumberland; and considerable resentment was entertained on this account by many persons on the western waters against the Spaniards be- low them. The members from Cumberland, in the Legislature of North Carolina, had spoken in their memorial to the Assem- bly at Tarborough in 1787 in terms of bitterness against the un- friendly conduct of the Spaniards. At this conjuncture a letter came to the hands of the general government, written in the same
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spirit, but in more undisguised and emphatical terms, which seemed to point unequivocally to machinations, devised and in- tended to be acted upon by the people of the new government of Frankland. This letter, written on the 24th of September, 1787, by John Sullivan, at Charleston, was addressed to Maj. William Brown, late of Maryland artillery, Philadelphia. Speaking of the Tennessee River, he said: "There will be work cut out for you in that country. I want you much. - Take my word for it, we shall be speedily in possession of New Orleans." Unauthenticated publications had stated that the people, of Kentucky and Cumberland had held consultations, in the sum- mer of 1787, concerning the practicability of seizing both Natches and Orleans. Gen. Harmar was immediately direct- ed by the War Office to make the strictest inquiry upon the subject of this letter, and to give every possible discountenance to the instigators. The government was justly alarmed for the fate of our negotiations pending with Spain, which might ulti- timately be broken off should any such attempt be made as was intimated by the letter. Inquiry was also made at the War Of- fice of those who came directly from Frankland, who gave assur- ances that no such plans were on foot as the letter suggested. Eventually the public agents failed in detecting the conspiracy to which the letter referred. The contrivers of the plan were probably too few in number and too destitute of funds to come to an open avowal of their purposes. Upon a nearer ap- proach to the object, they began, perhaps, to view it as less at- tainable than their heated imaginations had at first conceived, and in the end preferred to bury it in concealment rather than incur the ridicule of offering for public adoption a plan so pre- posterous and impracticable. The people of the State of Frank- land were split into contending factions, were poor and galled under the evils which their divisions created. How was it pos- sible that any effectual efforts could be made by them for the annoyance of the Spanish possessions? After the fall of the Frankland government a different spirit prevailed for some time. In place of a disposition to encourage resentment against Spanish provocations, there grew up in some parts of the west- tern territory a temper of conciliation toward them which, run- ning in a contrary current, held the Spaniards up to view as those who might in time become the allies and protectors of the
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western settlements. Five or six years afterward this current shifted; and, at the invitation of Genet, some of the people of Ohio, Kentucky, Tennessee, South Carolina, and Georgia were zealous in the plan for invading the Spanish territory. The government of the United States, with much difficulty, was able to suppress this mania. Had any of all these plans been put into execution, the consequences would have been ruinous to the people of the western country. The only wise course-was that which the government pursued. It has equaled by its success the most sanguine expectations, and should serve as a lesson to all our citizens to wait in future difficulties with patience upon the operations of the government, which, though they may be taxed with tardiness, are yet conducted with a view to surround- ing circumstances, and by one steady course of policy which perseverance seldom fails to render effectual.
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