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 20
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In the spring of the year 17SS, while Gov. Sevier was on the frontier keeping the Indians in check, Spencer, one of the prin- cipal judges of North Carolina, joined the assistant judge, and held a Superior Court under the authority of North Carolina, at Jonesborough. Among other things, he issued a bench war- rant against Sevier for the crime of high treason. He still con- tinued, however, to be addressed as the Governor of Frankland. Mr. Gardoqui, the Spanish minister, on the 18th of April, 178S, wrote to him, at the request of a gentleman of the North Caro- lina delegation, who wished that the minds of the good people of the frontiers of that State might be made easy with respect to the apprehension entertained by some lest the depredations of the savages should be encouraged by Spain. He assured the Governor that it was a malicious report, and that his Majesty, the King of Spain, was very graciously disposed to give the in-
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habitants of that country every protection they should ask. "And for my part," said he, "it will give me the highest pleas- ure to contribute to your satisfaction on this or future occasions. Any thing, therefore, in my power shall be done to check the savages on your frontier, and I shall take care to write to the Governor of his Majesty's dominions in that quarter, according to the request of Mr. White."
The Indians persevered during the whole of this year in doing to the frontier inhabitants all the mischief they could. Gen. Joseph Martin was under the necessity of raising troops for the protection of the inhabitants. He had succeeded Gen. Evan Shelby, resigned, who had been appointed on the non-acceptance of Sevier, in 1784. He collected soldiers from all the four west- ern counties, and some were sent to his assistance from Virginia. They rendezvoused at the place now called Knoxville, and there crossed the Holston. Thence they marched to the Little Ten- nessee; thence to the Hiwassee; and thence down the river to the vicinity of Lookout Mountain, to a Chiccamauga town, and burned every house there. One hundred men were dispatched across the mountain to another town on the west side of it. They were met by the Indians, who fired upon them, and they retreated. They were upon the mountain at sunset. The In- dians fired upon them from an ambuscade. Early next morning the spies were sent out, who took the mountain, and the Indians fired upon them from the same place. The army was then or- dered to march up the mountain. After advancing some dis- tance, the Indians poured in upon them a thick fire from every tree and rock near them. Three of Martin's captains were killed, and several of the Indians. They retired, and a guard of thirty or forty men was placed upon the top of the mountain until the army could return to the camp and get the baggage they had left there. The guard was to keep possession until the main body should return and cross the mountain, and go to the town they intended to burn; but the men refusing to go on the mountain, and Gen. Martin being unable to coerce them, he was obliged to abandon the enterprise, and ordered the guard into camp. The whole army then crossed the Hiwassee and Little Tennessee, and returned home. In the evening, after the battle, having made litters for carrying the wounded, and having bur- ied the dead, they took up the line of march for the settlements,
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being one hundred miles within the Indian country, not more than four hundred and fifty strong, most of whom were in a mu- tinous state, and having the wounded to take care of. The In- dians followed their trail, and at night fired upon them and stole their horses. Shortly after the return of the troops to their homes, the Indians came in a body of not less than two or three hundred men, and on the 10th of September took Gillespie Sta- tion or Fort, near the Little River, within eight or ten miles of Knoxville. Sevier immediately followed them into their towns, and brought as many of their women and children, who were ex- changed for the former.
Sevier, ever since his defeat at Tipton's, had been in the con- stant performance of the most brilliant actions of great utility to his countrymen. He was among the frontier people, who adored him. He had by nature a talent for acquiring popular favor. It was natural for him to travel in the paths which led to it. To him it was no secret that in a republican government, where the democratic principle is a main ingredient in its com- position, the love of the people is substantial power. He had a friendly demeanor, a pleasing address, and, to crown all, he was a soldier. With such qualities he could not fail to catch the prepossessions of the people, to attach them to his interests, and to mold them to the furtherance of his designs. The beloved man of the populace is always distinguished by a nickname: Nolichucky Jack was the one which they gave him. Whenever at future elections that name was pronounced, it had the effect of electrical power in prostrating the pretensions of every oppos- ing candidate. Sevier was generous, liberal, and hospitable. The people of North Carolina valued his good qualities, and had no disposition to dwell upon his late errors with any malevo- lence. As the government of North Carolina was now submit- ted to universally, they wished not to inflict punishment upon any for the parts they had taken in the late troubles. As he easily forgave in others the offenses they committed against him, he had not any suspicion that he was not as readily for- given. He was elevated by his merits in the public esteem; he knew not what it was to repine at the prosperity of others. But he had not learned that he who is rendered eminent by his serv- ices is the last to be pardoned for his faults; and that a repeti- tion of meritorious actions, like oil thrown upon fire, so far from
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extinguishing, actually aggravates the angry passions which are roused against him.
At the close of Martin's campaign, and in the month of Octo- ber, in the year 17SS, not long before the intended meeting of the Assembly of North Carolina, in November of that year, Se- vier returned home, and appeared openly at all public places. About this time Gen. Martin called a council of field officers at Jonesborough, to take into consideration the situation of the frontiers, and to consult about the most effectual means of af- fording to them better protection than they heretofore had. Col. Robert Love was present at the council; so was Col. Tip- ton. The Board rose, the members dispersed, and Tipton went home. Col. Love, the general, and Maj. King still remained at Jonesborough. The general was preparing to send Maj. King to the frontiers on the Tugulo, to open a correspondence with the Indians on the subject of peace. It was agreed upon among them that the general and Maj. King should go home with Col. Love, who lived on the road that led across the mountains to the Tugulo. While the latter were at Jonesborough, Gov. Sevier came riding into town with ten or twelve men. There he drank freely, and in a short time a controversy arose between him and Maj. Craig, who at that time lived where Maryville now stands, respecting the killing of those friendly Indians in the spring of the year, which occasioned the war with them that then existed. Craig censured Sevier for not preventing the murder, Craig having been present when it happened, and under the command of Sevier. Those who were present interposed, and brought them to friendly terms. The general, Maj. King, and Col. Love left them, and set off for Col. Love's house, fourteen miles dis- tant. Not being able to go that far, Gen. Martin and King stopped at a house near Col. Robinson's. After they left Jones- borough, another quarrel arose between Sevier and Caldwell, the former advancing with a pistol in his hand, and Caldwell with a rock. The pistol accidentally fired, and shot one of Se- vier's men in the abdomen, who was of the name of Cotton. Shortly after this Sevier left Jonesborough, and came by a place near Col. Robinson's, where Col. Love had taken up and stopped at Robinson's still-house, where they all drank freely and after some time separated. After Sevier left Jonesborough, Caldwell, with whom he had quarreled, went to Tipton, and in going and
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returning collected eight or ten men, with whom he went in pur- suit of Sevier. Arriving at the house where Col. Love lodged, he went with them to Col. Robinson's, where Gen. Martin and Maj. King were. Tipton there had a close search made for Se- vier, supposing that, as there was a good understanding between Robinson and him, the latter might be there. The pursuers then went to the widow Brown's, where Sevier was. Tipton and the party with him rushed forward to the door of common en- trance. It was about sunrise. Mrs. Brown had just risen. See- ing a party with arms at that early hour, well acquainted with Col. Tipton, probably rightly apprehending the cause of this visit, she sat herself down in the front door to prevent their getting into the house, which caused a considerable bustle between her and Col. Tipton. Sevier had slept near one end of the house, and on hearing the noise sprung from his bed and, looking through a hole in the doorside, saw Col. Love, upon which he opened the door and held out his hand, saying to Col. Love: "I surrender to you." He was in his undress, and Col. Love led him to the place where Tipton and Mrs. Brown were contending about a passage into the house. Tipton, on seeing Sevier, was greatly enraged, and swore that he would hang him. Tipton held a pistol in his hand, sometimes swearing that he would shoot him, and Sevier was really afraid that he would put his threat into execution. Tipton at last became calm, and ordered Sevier to get his horse, for that he would carry him to Jones- borough. Sevier pressed Col. Love to go with him to Jones- borough, which the latter consented to do. On the way he re- quested Col. Love to use his influence that he might be impris- oned in Jonesborough, and that he might not be sent over the mountains into North Carolina. Col. Love remonstrated to him against an imprisonment in Jonesborough; "for," said he, "Tip- ton will place a strong guard around you there; your friends will attempt a rescue, and bloodshed will be the result." Sevier urged that he would persuade his friends to peaceable measures, and ex- pressed great reluctance at the idea of being taken from his fami- ly and friends. As soon as they arrived at Jonesborough, Tipton ordered iron handcuffs to be put on him, which was accordingly done. He then carried the Governor by the residence of Col. Love and that of the widow Pugh, whence he went home, leav- ing Sevier in custody of the deputy sheriff and two other men,
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with orders to carry him to Morganton, and lower down if he thought it necessary. Col. Love traveled with him till late in the evening, and was requested by the Governor to send down to his wife and let her know of his situation, with a request to her to send clothes to him and some money. Next morning James Love, the brother of the colonel, was dispatched with this message to Mrs. Sevier. She transmitted to her husband the necessaries he wanted. A few days afterward James and John Sevier, sons of the Governor, together with Mr. Cosby, Maj. Evans, and some few others, were seen by Col. Love following the way the guard had gone. Before Col. Love had left the guard, they had at his request taken off the irons of their pris- oner. The next morning he attempted to make his escape, but the guard overtook him; and one of them, George French, shot at him with a pistol, as the horses were running, before they stopped him. The friends of Sevier say that French had it in charge to kill him, and intended to execute his commission; and that on the Iron Mountain, on their way to North Carolina, Gor- ley, another of the guard, informed Sevier of the order and in- tention of French, upon which he endeavored to make his es- cape. That in his flight he became entangled in trees and brush thrown down by a hurricane, and could proceed no farther; when French came up and fired a pistol at his face, which fortunately did him no harm, except burning him with the powder. The bullet had slipped out of the pistol unknown to French. The guard proceeded with him to Morganton, where they delivered him to William Morrison, the then high sheriff of Burke Coun- ty. As the guard passed through the settlement of the MeDow- ells, in Burke County, Gen. McDowell and Gen. Joseph MeDow- ell, the latter of whom had been in service with him and fought by his side in several perilous battles, and the former of whom had a few years since fled from the enemy in his own neighbor- hood and taken shelter under the roof of Sevier, both followed him immediately to Morganton, and there became his securities for a few days, until he could go down and see a brother-in-law who lived in that county. Agreeably to his promise, he returned punctually. The sheriff then, upon his own responsibility, let him have a few days more to visit his friends and acquaintances. By this time his two sons, with Cosby, Evans, and others, came into Morganton without any knowledge of the people there, who
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they were or what their business was. On striking the settle- ments on the east side of the mountains they had separated, and had come into town singly. Court was at that time sitting in Morganton, and they were with the people generally.without suspicion. At night, when the court broke up and the people dispersed, they, with the Governor, pushed forward toward the mountains with the greatest rapidity, and before morning ar- rived at them, and were beyond the reach of any who might think proper to pursue them.
In July of this year the convention of North Carolina met at Hillsborough, under a resolution of the Assembly at Tarbor- ough, to accept or reject the proposed Federal Constitution. They rejected until certain amendments could be obtained. All the Western or ultramontane counties were represented in the convention. The elections were made in the spring, and at that time the remains of the government of Frankland were no longer visible.
After the Assembly of North Carolina, in the year 1783, had designated the boundaries of the Indian hunting-grounds, mak- ing the Tennessee, French Broad, and Big Pigeon Rivers a part of these boundaries, a great number of persons at different times prior to the year 1789, and between the commencement of that year and the year 1783, during the time of the disturbances be- tween North Carolina and the government of Frankland, had settled themselves upon the territory south of the Tennessee and Holston and west of the French Broad and Big Pigeon Rivers, which was undeniably and confessedly a part of the Cherokee lands assigned by the act of 1783. In the time of the Frank- land government they were included in the county of Sevier, but when that government became dissolved the people found them- selves considered as trespassers and violators of the law of North Carolina, without government, without judicial tribunals, and without officers, civil or military, to protect them from injury. Sensible of the deplorable evils to which they were exposed by this state of things, they endeavored to remedy it as well as they could by private associations. Written articles were framed and circulated for the adoption of the people in that part of the country, in which they styled themselves the inhabitants south of the French Broad, Holston, and Big Tennessee. The articles
. stated that "by means of the divisions and anarchy that have of
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late prevailed within the chartered limits of North Carolina west of the Appalachian Mountains, being at present destitute of regular government and laws, and being fully sensible that the blessings of nature can only be obtained and rights secured by regular society, and North Carolina not having extended her government to this quarter, it is rendered absolutely necessary for the preservation of peace and good order, and the security of life, liberty, and property to individuals, to enter into the follow- ing social compact as a temporary expedient against greater evils:
"Article the first. That the Constitution and Laws of North Carolina shall be adopted, and that every person within the bounds above mentioned shall be subject to the penalties inflict- ed by those laws for the violation thereof.
"Article the second. That the officers appointed under the authority of Frankland, either civil or military, and who have taken the oaths of office, shall continue to exercise the duties of such offices, as far as directed and empowered by these Articles and no further, and shall be accountable to the people or their deputies for their conduct in office.
"Article the third. That militia companies as now bounded shall be considered as districts of the above territory, and each district or militia company shall choose two members to rep- resent them in a general committee, who shall have power to choose their own president and clerk, to meet on their own ad- journments, and the President shall have power to convene the committee at any time when the exigences of affairs require their meeting, and shall have power to keep order and to cause rules of decorum to be observed, in as full a manner as the President of any other convention whatever. And in all cases of maladministration or neglect of duty in any officer, the party grieved shall appeal to the committee or a majority of them, who shall be competent to form a board for business. And upon such application the committee shall cause the parties to come before them, and after examining carefully into the nature of the offense shall have power to reprieve of office, or publicly reprimand the offender as the demerit of the crime may deserve, or otherwise to acquit the party accused if found not guilty.
"Article the fourth. Where vacancies happen in the military department, the same shall be filled up by election as heretofore used, and the officers thus elected shall be the reputed officers
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of such regiment or company, as the case may be, and shall be accountable to the committee for their conduet as other officers.
"Article the fifth. Civil officers shall have power to take cog- nizance of breaches of the peace or criminal offenses, and where any person is convicted of an offense not capital, the officer be- fore whom such offender is convicted shall immediately inflict the punishment directed by law for such offense. But where the crime is capital the officer shall send such criminal, togeth- er with the evidences for or against him or them, to the nighest justice of the peace for North Carolina, there to be dealt with according to law, but no civil officer shall decide upon cases of debt, slander, or the right of property.
"Article the sixth. Militia officers shall have power to collect their regiments or representative companies, emergences mak- ing it necessary, and in case of invasion by the common enemy, shall call out their companies regularly by divisions, and each militia-man shall give obedience to the commands of his officers as is required by law, or otherwise be subject to the penalties affixed by law for such neglect or refusal at the judgment of a court-martial.
"Article the seventh. And whereas it is not improbable that many horse-thieves and fugitives from justice may come from different parts, expecting an asylum amongst us as we are desti- tute of a regular government and laws by which they may be punished, each and every one of us do oblige ourselves to aid and assist the officers of the different State or States, or of the United States, or any description of men sent by them, to ap- prehend such horse-thief or fugitive from justice. And if any of the above characters should now be lurking amongst us, or shall hereafter be discovered to have taken refuge in this quar- ter, we do severally bind ourselves by the sacred ties of honor to give information to that State or government from which they have fied, so that they may be apprehended and brought to justice.
"Article the eighth. United application shall be made to the next session of the Assembly of North Carolina to receive us into their protection, and to bestow upon us the blessings of government.
"Article the ninth. The captains of the respective militia companies shall each of them procure a copy of these articles,
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and after calling the company together for the purpose, shall read them or cause them to be read distinctly to said company, and each militia-man or householder after hearing them read, if he approve of them, shall subscribe his name to the articles as a proof of his willingness to subject himself to them, and said articles shall be the temporary form of government until we are received into the protection of North Carolina, and no longer."
The application to be formed into a county was not yielded to by the Legislature of North Carolina, and these people were suffered to remain in the situation in which they had so indis- creetly placed themselves till long afterward.
The real character of the times cannot be represented more to the life than by exhibiting in the expressions which the people themselves used, the prominent evils they recapitulated and en- deavored to provide against at the very moment when they were suffering under them.
The Assembly of North Carolina met at Fayetteville in this year (1788) on the 3d of November, and continued their session to the 6th of December. In this session they added a part of the county of Washington to Sullivan-namely, all that part of Washington County included in the following bounds: Begin- ning at the head of Indian Creek, where the line divides Wash- ington and Sullivan Counties; thence in a straight line south of David Hughes's; thence in a straight line south of Francis Hodge's to the Watauga River; thence down the meanders of said river to its junction with the Holston River; thence up the line which divides Washington and Sullivan Counties to the first station. They authorized the commanding officers of the four western counties to fix on a proper place on the northern side of the Tennessee River for establishing a station for the protection of the frontiers, and to insure safety to travelers on the new road to the Cumberland settlements. The guard was to consist of one captain, one lieutenant, one ensign, and thirty- three non-commissioned officers and privates to be kept at the station for one year, the men to be raised from the respect- ive counties by voluntary enlistment or an equal indiscrim- inate draft; the guard to be subject to the regulations estab- lished by the militia law, and to have the same pay and rations. The commanding officers of the counties were empowered and re- quired to appoint some one person commissary and paymaster to
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the guard, in whose favor the Governor was to issue warrants for the pay and rations of the guard on the public Treasurer, payable out of the funds arising from the taxes of the said four counties and out of no other fund whatever. A restriction which at this time, and for some years past, occupied the greater part if not all the appropriations for the western people. They like- wise at this session extended the act of oblivion to all persons who desired to avail themselves of it, and pardoned all crimes of a similar nature committed since the passage of the act of the last Assembly in 1787. The persons who committed them were freely restored to all the privileges of citizens, provided that they within three months should take the oath of allegiance to the State of North Carolina before the judge of the Superior Court of the District of Washington; provided, further and ex- pressly, that the pardon then given should not extend to crimes, offenses, or misconduct which might be done subsequently to the passing of this act. And they further provided that the benefit of this act should not entitle John Sevier to the enjoyment of any office of profit, of honor, or trust in the State of North Car- olina, but that he be expressly debarred therefrom. The As- sembly again ordered the election and meeting of another con- vention to deliberate on the propriety of adopting the proposed Federal Constitution. The public opinion upon this subject had undergone a great change since the sitting of the conven- tion in July of this year. The time appointed for the meeting of the next convention was shortly precedent to that on which the Assembly was to sit. Between the rising of the Assembly in 1778 and the election of members to serve in the convention, the subject of adopting or not the proposed Federal Constitu- tion underwent all the discussions of which it was susceptible, which appeared in the speeches of eminent men in their debates upon the same subjects in the conventions of other States. In newspaper publications, and in verbal discourses in all public meetings and private companies, explanations were given, the defects to be obviated were referred to, the effects to be attained shown, the evils to be avoided pointed out, the dangers impend- ing were demonstrated, and the experience of successful oper- ation upon the adopting States was appealed to. The people, ever willing to do right if they can but understand what it is, as they do whenever the noisy mosquitoes of the day are silenced,
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