USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 35
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Francis Browning,
James Davidson,
Samuel Ritchie,
Josiah Fugate,
William Martin.
Lieutenants of Militia.
John Bowen,
Charles Hays,
John Tate,
James Osbourne,
Samuel Roberson,
Thomas Carter,
Elisha Farris, Moses Skeggs,
John Van Bebber.
Ensigns of Militia.
Samuel Young,
John Thompson,
Robert Tate,
Henry Hamblin,
Solomon Litton,
William Byrd,
Benjamin Nichalson, Joseph Johnston,
William Ewing.
Coroner, Francis Browning.
The following lawyers qualified to practice in the court of Russell in the year 1786 :
Andrew Moore,
Ephraim Dunlop,
Francis Preston, James Blair,
David Dunnan.
The county court proceeded to select a permanent location for the courthouse, when Henry Dickenson, the clerk of the court, offered to give to the county a tract of land at what has since been known as Dickensonville, which offer the court accepted, and proceeded to
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Southwest Virginia, 1746-1786.
erect the necessary buildings thereon, and the court of Russell county assembled at Dickensonville or Russell's old courthouse on the 20th day of September, 1787.
By the organization of this new county a great extent of coun- try and many valuable citizens were lost to Washington county.
Information in regard to the history of Washington county sub- sequent to the year 1786 is exceedingly hard to obtain, as the minute books of the county court from the year 1786 to the year 1819 and from the year 1821 until 1832 were destroyed along with the court- house by the Federal troops in December, 1864.
Such history as I have been able to obtain for the period men- tioned has been derived from the records at Richmond and from an examination of the files of the Holston Intelligencer and the Politi- cal Prospect, newspapers published in Abingdon and covering the period from 1810 to 1815.
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Washington County, 1777-1870.
CHAPTER VILL.
EFFORT TO ESTABLISH A NEW STATE.
In the month of January, 1981, the General Assembly of Vir- ginia passed a resolution expressing her willingness to cede her northwest territory to the Congress of the colonies, for the benefit of the United Colonies, upon the following condition, to-wit: that the territory so ceded shall be laid out and formed into States con- taining a suitable extent of territory, and shall not be less than one hundred nor more than one hundred and fifty miles square or as near thereto as circumstances will admit. That the States so formed shall be distinet republican States and be admitted mem- bers of the Federal Union, having the same right of sovereignty, freedom and independence as the other States.
Colonel Arthur Campbell, immediately upon his acquisition of this information, with a vision that was almost prophetic, set about to organize a new State and to include Washington county in the same. He immediately proposed a scheme for obtaining the sense of the inhabitants of the western country on the subject of the Vir- ginia resolution and the resolves of the Congress upon the same sub- ject, his scheme being as follows :
"First. That Selectmen or Deputies be chosen for the five south- western counties of Virginia and the counties of Washington and Sullivan in North Carolina, to meet at Abingdon the third Wed- nesday in April, 1782.
"Second. That in order that the representation be adequate, let the Deputies be in number in proportion to the number of farm- ers above eighteen years of age, allowing one Deputy for every hun- dred such farmers.
"Third. That the election be held at the respective Court Houses, the third Tuesday in the month of March next, 1182, by the same officers and under the same regulations as elections for delegates are held.
"Fourth. That the business and power of the deputies when con- vened be confined to the consideration of the late resolves of Con- gress respecting the Western Country, and that they adopt such measures as may be adjudged proper by a majority, for the interest and safety of their constituents as members of the American Union.
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Southwest Virginia, 1746-1786.
"Fifth. That the representation continue one year, in which time the Deputies may adjourn from time to time, and to such places within the Western Countries as may be found most convenient.
"The day appointed for the election is the second Tuesday in March, 1782."
I am unable to state that the election was held at the time pro- posed by Colonel Campbell, on the third Tuesday in March, 1782, or that the Assembly proposed by him met at Abingdon on the third Wednesday in April, 1782, as therein proposed, but I can say that an election was held and that an Assembly met at Abingdon in this or the following year in the manner proposed by Colonel Campbell. I am of the opinion that this election was held in 1782, as proposed by Colonel Campbell, as four members of the Assembly that met at Abingdon were citizens of Sullivan county, North Caro- lina, and it is reasonable to suppose that had the State of Frankland been proposed or organized at the time of this election the Sullivan county citizens would have united with that State.
The Assembly that met at Abingdon in the year 1783 adopted a memorial, which they addressed to the Congress of the United States of America, and which was as follows :
MEMORIAL.
To the Honorable the Congress of the United States of America:
The memorial of the Freemen inhabitating the Country Westward of the Alleghany or Appalachian mountain, and Southward of the Quasioto* Humbly sheweth :
That having been made acquainted with the several resolves and other Acts of Congress, respecting Western Territory, and having considered maturely the contents of the same, we are highly pleased with that equal respect for the Liberties of the people, which seems to influence the Councils of Congress. That nothing but a firm ad- herence to the principles of the Confederation, and a sacred regard to the rights of Mankind could produce the late Resolves for laying off new, Independent States, thereby pointing out such effectual measures, to prevent the encroachments of arbitrary power on the Asylums of Freedom.
That we are happy to find so large a part of Territory already ceded to the United States for National purposes, and trust that
*Indian name for Cumberland mountain.
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Washington County, 1777-1870.
every obstacle will speedily be removed for the completion of that business by the individual States affected thereby. That we are too much elated at the prospect before us not to wish that we may speedily enjoy the advantages of such a Government as will be ex- ercised over a convenient territory, not too small for the support of authority, nor too large for the security of Freedom.
That our situation is such, inhabiting valleys intermixed with and environed by vast wilds of barren and inaccessible mountains, that the same compensation of latitude allotted to the new States Northwest of the Ohio, might prevent us from ever being on an equal footing with our neighbors, blessed with so many natural ad- vantages, navigable waters, and a level, fertile country.
That the state bounded by a meridian line that will touch the confluence of Little river, near Inglis' Ferry, thence down the Ka- nawha to the Ronceverte or Green Briar river, thence Southwest to latitude 37 North, thence along the same to the meridian of the rapids of the Ohio, South along the Meridian until it reaches the Tenasee or Cherokee river, down the same, and eastwardly on that parallel to the top of the Appalachian mountains, and along the highest parts of the same, and the heights that divide the sources of the waters that fall into the Mississippi from those that empty into the Atlantic to the beginning. This, though not equal in quantity of habitable lands with the adjoining States, yet may be sufficient territory for a society that wishes to encourage industry and tem- perance as cardinal virtues.
That in our present settlements we have maintained our ground during the late perilous war, and frequently gave effectual aid to our Brethren to the South and Westward; that we are first occu- pants and aborigines of this country, Freemen, claiming natural rights and the privileges of American citizens.
Our prayer therefore is, that your Honorable Body, with a gen- erous regard to the Rights of Mankind, would speedily erect the aforesaid described Territory into a free and independent State. subject to the Federal Bond, and likewise confirm and guarantee to its inhabitants all their equitable rights and privileges acquired under the laws of the States lately claiming this Territory: that the disposition of the vacant lands be under the power of the Leg- islature of the new State, in as full a manner as that exercised by such of the Eastern States having unappropriated lands, with this
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Southwest Virginia, 1746-1786.
Reservation, that the monies arising from the sale of vacant lands shall be faithfully paid to the order of Congress, towards the pay- ment of the National debt.
And your Memorialists shall ever pray, &c.
Approved and subscribed by us in behalf of ourselves and the Freemen of our Respective Districts, whom we represent.
Charles Cummings, Chairman.
John Jameson,
John Campbell,
Alex'r Wiley,
Robert Buchanan,
George Finley,
William Tate,
Arthur Campbell,
John Kinkead,
John Campbell, S'n'r, R. O.
Thomas Woolsey,
John Davis,
Richard Brownlow,
Gilbert Christian,
Matthew Willoughby,
David Looney,
John Anderson,
John Adair.
At a subsequent meeting this Assembly addressed the Freemen of Washington county on the subject of their public affairs, which ad- dress is as follows :
"To the Freemen of Washington County:
"Your Deputies, after mature consideration, have agreed to ad- dress you on the subject of your Public Affairs, well knowing that there is only wanting an exact and candid examination into the facts to know whether you have been well served or abused by your Representatives, whether Government has been wisely administered and whether your rights and Liberties are secure. As members of the Civil Society, you will acknowledge that there are duties of im- portance and lasting obligation which must take place before indi- vidual conveniences or private interest, but it must be granted that in free Communities the laws are only obligatory when made con- sonant with the constitution or Original Compact ; for it is the only means of the surrender then made, the power therein given and the right ariseth to Legislate at all. Hence it is evident that the power of Legislators is in the nature of trusts to form Regulations for the good of the whole, agreeable to the powers delegated, and the de- posite put into the General stock, and the end proposed is to obtain the greatest degree of happiness and safety, not for the few but for the many. To attain these ends and these only, men are in- duced to give up a portion of their natural Liberty and Property
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Washington County, 1777-1870.
when they enter into society. From this it is plain that Rulers may exceed their trust, may invade the remaining portion of natural liberty and property, which would be a usurpation, a breach of solemn obligation and ultimately a conspiracy against the majesty of the people, the only treason that can be committed in a common- wealth. A much admired writer on the side of Liberty begins his work with the following remarkable sentence, which we tran- scribe for your information, and entreat you to read and ponder well :
"In every human Society there is an effort continually pending to confer on one part the height of power and happiness, and re- duce the other to extremes of weakness and misery. The intent of good laws is to oppose these Efforts, and to diffuse their influence universally and equally. But men generally abandon the care of their most important concerns to the uncertain prudence and discre- tion of those whose interest it is to reject the best and wisest in- structions, and it is not until they have been led into a thousand mistakes in matters the most essential to their lives and Liberties. and are weary of suffering, that they can be induced to apply a remedy to the evils with which they are oppressed. It is then they begin to conceive and acknowledge the most palpable truths, which from their very simplicity commonly escape vulgar minds, in- capable of analyzing objects, accustomed to receive impressions with- out discretion, and to be determined rather by opinions of others. than by the result of their own examination."
A few plain Questions you may honestly put to yourselves when in retirement, or when your heads are reclined on your pillows : For what end hath the Almighty wrought out such a wonderful revo- Jution in the affairs of men as that of the Independence of America ? What part ought I to act through the remaining part of my life. so as to be most pleasing to my Creator and the most useful to So- ciety ? Whether are my head and heart so enlightened and in such a frame as to attend to and receive the truth, whether it comes from a person I dislike or not ? Is not the duty we owe the succeeding generation equal to that we owe the present : Several Mediums of knowledge are open to all diligent inquirers. The productions of the Printing Press. Literary Schools, and the meetings of the peo- ple to debate on public measures. The inhabitants of this county have, as hitherto, been peculiarly circumstanced. They became
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Southwest Virginia, 1746-1786.
possessors of a Wilderness at a perilous Era : The greatest part of their time since has been necessarily employed merely to provide subsistence, coarse clothing and cheap dwellings, to defend their families from the inclemency of the weather, no time or money to spare to build elegant or convenient houses, to erect suitable places for public worship, to found Seminaries for classical learning, to promote the education of youth, that most indispensable of all obli- gations to children. It is also a prior duty to any you owe the state to provide food and raiment for your families. Plain fare and coarse clothing you might be content with, if it was necessary to part with all the superfluities to answer the real exigencies of the State, and did you see your fellows in more favorable situation pur- suing the same course and also could you be persuaded that a judi- cious economy pervades all the disbursements of all the public money, then, and not till then, ought you to part with the produce of your Industry at the call of Rulers. It may be alleged by your enemies that you do not mean to contribute anything to alleviate the burthens of the Nation and support Government. This charge will vanish on a fair enquiry into the various schemes of finance and the present state of the Public Funds.
The following estimate of Taxes, and what has operated as taxes in the Western Country, will prove that you have contributed some- thing, probably your full share.
Treasury and pre-emption warrants,. 16,000,000 pounds
Taxes collected in the years 1778, '79, '80, '81, . 180,000 pounds
Bills lost, sunk or funded, 5,000,000 pounds
Paper money,. 21,130,000 pounds
Cash paid commissioners in hard money reduced, $10,000
Composition money sent in with the plots, 70,000 One-sixth of the surveyor's fees, 5,000
Registers' fees prior to 1784, 30,000
Registers' fees prior to 1784, 3,000
Registers' fees prior to 1785, 10,000
Additional tax of 5s. per hundred on land, 25,000
Duty on salt will cost the western consumption 6s. per bushel, 1,500
Duties on imports on foreign goods and enumerated articles 2,500
Loyal Company's claim on W. & M. counties, 8,000
Washington County. 1777-1870. 397
Taxes on d'e., may produce annually, 2,000
Assessment subsequent to 1781. an enormous sum that it
is impracticable, if not unjust, to collect, 172,000
Should the Legislature abolish assessment, and the above not be sufficient, you might endure taxing a few luxurious articles and some vices, that would increase the sum, and make it equal to your just proportion of expenditures.
If your eastern neighbors were generous, they would make some allowance for the great losses sustained by the depredations of the Indians, and for the many valuable lives lost to keep them safe. The appropriations of your public money ought also to be a subject of serious enquiry, for if at any time it should be applied to the purposes of venality and corruption, you would then be feeding your destroyers, and enable them to make further invasions on your remaining rights and liberties, until you would have left nothing worth contending for, and you and your posterity would be obliged to stoop to an abject vassalage.
"All is not lost yet, therefore beware in the future of the objec- tion of either weak or interested men who would persuade you to a passive conduct under all the Measures of Government. Your Rulers, as well as those of other nations, are only fallible men. When they act well. honor and applaud, when wickedly, impeach and punish them. Disregard their impotent threats and ridicu- lous fallacies, and let them know that the little selfish ery of an individual is not to be heard when the loud sounds of the poo- ples' are publishing their wrongs.
"Signed by order,
"CHARLES CUMMINGS, CH'M."
A copy.
This document is thus endorsed by the Governor :
"Memo. James Montgomery put this paper into my hands, and can prove its authenticity, and that Arthur Campbell personally explained, enforced and inculcated its contents on the people, par- ticularly the State of Taxes p'd by that country."
Colonel Arthur Campbell and a large majority of the citizens of Washington county. from this time forward, made every possible effort to secure the approval of the Congress of the United States of their views in regard to the formation of a new State, and their
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Southwest Virginia, 1746-1786.
views seemed to permeate and meet with the approval of all the citizens, with but few exceptions, living on the western waters.
In the month of June, 1784, the General Assembly of North Carolina passed an Act ceding to the Congress of the United States all her western lands, including the counties of Sullivan, Washing- ton, Greene and Davidson, now within the present limits of the State of Tennessee, and at the same session of the North Carolina Assembly, the Western Land Office was closed.
Immediately upon the adjournment of the North Carolina Assembly, the four delegates from the western counties returned to their homes and gave intelligence to the people of the proceed- ings of the General Assembly of North Carolina, whereupon, it was proposed that the people should elect two representatives in each captain's company in the counties of Washington, Sullivan and- Greene, as committeemen to deliberate upon the state of public affairs and to recommend a plan of action suited to the occasion. These committees met and recommended the election of delegates from the several counties, to meet in convention at Jonesboro, with power to adopt such measures as they thought necessary.
The delegates were elected and assembled at Jonesboro on August 23, 1784, and elected the following officers: President, John Sevier; Secretary, Landon Carter.
The convention immediately proceeded to appoint a committee to take into consideration the state of public affairs and the ces- sion to Congress by North Carolina of her western territory.
This committee, after a resolution had been offered by a member declaring the three western counties independent of North Caro- lina, unanimously adopted the following report, which was submit- ted to the convention :
REPORT.
"Your committee are of opinion and judge it expedient, that the counties of Washington, Sullivan and Greene, which the Cession Bill particularly respects, form themselves 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 new State. It is the opinion of your committee that we have a just and undeniable right to petition to Congress to accept the cession made by North Carolina, and for that body to countenance us in forming ourselves into a separate
-
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Washington County, 1777-1870.
government, and either to frame a permanent or temporary con- stitution, agreeably to a resolve of Congress in such case made and provided, as nearly as circumstances will permit. We have a 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 privilege that we do, or shall enjoy. This convention has a right to adopt and prescribe such regulations as the particular exigencies of the times and the public good may require: that one or more persons ought to be sent to represent our situation in the Congress of the United States and this convention has just right and autho- rity to prescribe a regular mode for his support."
This report was received by the convention and adopted, and the convention. by a vote of 28 to 15, declared in favor of forming a separate and distinct State at this time, and appointed Messrs. Hardin and Cocke to draw up articles of association, which they did and which articles were approved by the convention. Pursuant to the Articles of Association. the first members of the General Assembly of the State of Franklin were chosen, and assembled at Jonesboro in the month of March, 1785, at which time officers were elected and laws adopted for the government of the State of Frank- land. The officers elected were as follows :
Governor, John Sevier.
Secretary of State, Landon Carter.
Treasurer, William Cage.
Surveyor-General, Stockly Donaldson.
Brigadier-Generals, Daniel Kennedy and William Cocke.
Council of State, William Cocke. Landon Carter, Francis .1. Ramsay, David Campbell, Daniel Kennedy and Colonel Taylor.
Member of Congress, General William Cocke.
The government as thus organized, proceeded in an orderly way to administer the affairs of the people.
There can be but little question, that Colonel Arthur Campbell, the author of the idea of a new State, played a leading part in the organization of the State of Frankland. During the years 1783- 1784, he was constantly engaged in organizing this new govern-
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Southwest Virginia, 1746-1786. /
ment and enlisting the sympathies of the people of Washington and Montgomery counties in behalf of the same. He drew up a Decla- ration of Rights and a Constitution for the new government, and while I am unable to obtain a copy of the Constitution that he proposed for the new State, still I am able to give the Declaration of Rights prepared by him, which is as follows :
A DECLARATION OF RIGHTS.
1st. That all political power is vested in and derived from the people only.
2nd. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.
3d. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in con- sideration of public services.
4th. That the legislative, executive and supreme judicial powers of government ought to be forever separate and distinct from each other.
5th. That all powers of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, are injurious to their right and ought not to be exercised.
6th. That election of members to serve as representatives in General Assembly ought to be free.
7th. That in all criminal prosecutions, every man has a right to be informed of the accusation against him and to confront the accusers and witnesses with other testimony, and shall not be com- pelled to give evidence against himself.
8th. That no freeman shall be put to answer any criminal charge but by indictment or impeachment.
9th. That no freeman shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court, as heretofore used.
10th. That excessive bail should not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.
11th. That general warrants, whereby an officer or a messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named,
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Washington County, 1777-1870.
whose offences are not particularly described and supported by evi- dence, are dangerous to liberty and ought not to be granted.
12th. That no freeman ought to be taken, imprisoned or dis- seized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or prop- erty, but by the law of the land.
13th. That every freeman restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful ; and that such remedy ought not to be denied or delayed.
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