History of southwest Virginia, 1746-1786, Washington County, 1777-1870, Part 36

Author: Summers, Lewis Preston, 1868-1943
Publication date: 1903
Publisher: Richmond, Va. : J.L. Hill Printing Company
Number of Pages: 936


USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 36


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14th. That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people and ought to remain sacred and inviolable.


15th. That the freedom of the press is one of the great bul- warks of liberty, and therefore ought never to be restrained.


16th. That the people of this State ought not to be taxed, or made subject to payment of any impost or duty, without the con- sent of themselves or their representatives in General Assembly freely given.


17th. That the people have a right to bear arms for the defence of the State ; and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.


18th. That the people have a right to assembly together, to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances.


19th. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own con- sciences.


20th. That for redress of grievances and for amending and strengthening the laws, elections ought to be often held.


21st. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.


22d. That no hereditary emoluments, privileges or honors ought to be granted or conferred in this State.


23d. That perpetuities and monopolies are contrary to the genius of a free State and ought not to be allowed.


24th. That retrospective laws punishing acts committed before


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the existence of such laws, and by them only declared criminal, are oppressive,' unjust and incompatible with liberty; therefore no ex post facto law ought to be made."


James Montgomery, when he accepted the commission of the Governor as sheriff of Washington county and gave security for the collection of the taxes due for the three preceding years, incurred the displeasure of Colonel Campbell and the majority of the citi- zens of the county, and, in turn, he became the bitter enemy of Colonel Campbell.


The people had been advised and expected that they would be released from the payment of their taxes for the preceding years, upon the organization of the new State, which they confidently believed would take place. Early in the year 1785, James Mont- gomery, William Edmiston, Arthur Bowen, James Kincannon, Samuel Edmiston and James Thompson addressed the following communication to the Governor of Virginia, preferring charges of malpractices and misconduct, in his office, as justice of the peace, against Arthur Campbell.


"Sir :- Viewing with concern the present situation of affairs in this country, through attempts of ambitious men, thereby intend- ing to incense the good people thereof against the laws of the State and proceedings of government requisite thereto, finally to effect a new State in this quarter of the country, we cannot any longer remain tacit beholders of the evils already generating among us, without the most alarmed sensations, which we think the ties of humanity and obligations to our country lead us to disclose.


Most secret plans have been laid to delude the people, holding out to them the idea of oppressive acts imposed by the General Assem- bly, intended to burthen them unjustly with a weight of taxes. Small committees were contrived and convened by Colonel Arthur Campbell, the leader of this disorder, as early as February and March last, under pretext of seeking redress of grievances in behalf - of the county the present year, and decrying the laws in general of the last Assembly. Notwithstanding every opposition made to his measures, he continued to convene his committees, and, not long after, in one of his committees at Major Dysart's disclosed his plan of representation to Congress, thereby aiming to fix a boundary to include a part of Virginia in the Frankland State.


It is also notoriously known that Colonel Campbell did, in a con-


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vention of the North Carolina people, publicly propose to separate himself with the citizens of Washington and Montgomery in Vir- ginia, and joining them declare themselves immediately independ- ent of the States of Virginia and North Carolina, and moreover, stand in the front of the battle between these people and Virginia when necessary. His declaration to the people of this county at the March court, to elect no delegates to the General Assembly this year, together with his late opposition, at the July court, to the proclamation issued by your Excellency in Council the 10th of June last, may be sufficient to satisfy your Excellency and Hon- orable Council that the mischievous spirit prevailing here in oppo- sition to the present collection and other proceedings of govern- ment, may have arisen from the licentious spirit of Colonel Camp- bell, conveyed to them through his artful insinuations daily since last court, exercised by public meetings in this county, intended to overset the designs of the Executive in the present arrangement of the militia; and there is reason to believe he is now aiming to effect associations to oppose the collection when attempted to be made. The charges herein contained can undoubtedly be supported by General Russell, Captain Andrew Kincannon, Captain Henry Smith and Captain William Cocke, of the Frankland settlement. We rest the charges herein contained for the discussion and ulti- mate decision of your Excellency and the Honorable Council, that if necessary he may be cited to answer the charges against him."


When the attention of Governor Henry was called to the situation of affairs in this county, he removed the suspension of the opera- tion of the militia law adopted by the Assembly at its session in the year 1784, and removed from office Colonel Arthur Campbell, the county lieutenant of this county, and such of the field officers, in the militia of this county, as were active partizans of the new State. Colonel William Russell was commissioned a brigadier- general of militia with a full quota of officers who were opposed to the formation of the new State. By this act, the Governor removed from office many of the men who had served at King's mountain, and such was the dissatisfaction produced by this action, that a number of the leading citizens of the county who had not taken part in the previous disturbances, addressed the following petition to the Governor and Council of the State :


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Southwest Virginia, 1746-1786.


To His Excellency, Patrick Henry, Esquire, Governor of the Com- monwealth of Virginia, and the Honorable Council of State:


The petition of sundry freemen whose names are thereunto sub- scribed humbly sheweth, that being pleased with the name and wishing to glory in the reality of being citizens of a Commonwealth, it is with infinite concern that we are constrained to address your Excellency on a subject that we apprehend will eventually endanger our liberties-we mean the adoption of the new militia law. That we believe the Constitution is imperfect in some particulars ; but whilst we retain it as an acknowledged plan, springing from a higher source than the ordinary Legislature, we ought to consider it, until altered by the same authorities, as the basis of the laws and all legitimate government, and besides our allegiance points out to us as a duty, to maintain it inviolate, that former examples both ancient and modern, our own experience and the reason of things tell us that if an infraction is once made, and that by a delegated power, then there will be no right, however sacred, that is possessed by the citizens, but may be usurped, and our government ere long terminate in anarchy or despotism, those mournful calamities that too soon befall the human race.


To avert such direful events, to recur to first principles and to reinstate our liberties in their pristine vigor, we are encouraged to approach, with freedom and truth, a patriotic Chief Magistrate, and an enlightened Council, humbly praying that the powers with which your Honorable Board are invested may be now exercised by refusing to execute the aforesaid Act as being unconstitutional and oppressive; or, if need be, assemble the Legislature, at an earlier period than it stands adjourned to, that we may have an opportu- nity to seek redress from a legal tribunal. And your petitioners shall pray :


Andrew Willoughby, Jr.,


James Logan,


James


Robert Montgomery,


Joseph Acklin,


James Craig, Charles Cummings, Fra. Allison, Thomas Cummings,


George Finley,


Robert Campbell,


Samuel Acklin,


Samuel Houston,


John Trousdale, James Dunlop, John Campbell,


John Preston,


James Cummings,


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John Davis,


David Kinkead,


James Moore.


Andrew Davison,


Gilbert Watson,


Thomas Osburn,


John Christian,


Robert Johnston,


Robert Craig,


Nath. Willoughby,


Michael Higgins,


David Watson,


Samuel Davis,


William Bradley,


John Cummings,


William Craig and others.


The Governor being slow to act upon the charges preferred by James Montgomery and others against Colonel Arthur Campbell, in the summer of the year 1:85. William Edmiston. James Kin- cannon, Samuel Edmiston, James Thompson and Arthur Bowen addressed the following letter to the Governor of Virginia. prefer- ring additional charges against Colonel Campbell : "Please Your Excellency and the Honorable Council :


"Sir,-A complaint being exhibited during the course of last summer against Colonel AArthur Campbell for mal-conduct, con- trary to the most sacred ties of government. as well under his late county lieutenancy as judge of the court of Washington, in which he continues to act, we have consequently thereto, been honored by advice from our Lieutenant-Governor. that the charges would be attended to by the Executive which we still hope will meet your patronage in due season and the offender in your wisdom cited before a proper tribunal to answer the charges against him. Rely- ing that the Executive will not suffer such atrocious insult to the Commonwealth of Virginia to pass unnoticed. we think it needs- sary to add fresh matter of complaint against Colonel Campbell that with the former now in your possession, his wicked and per- severing conduct may be more clearly explained to your Honorable Board. When the decision of the Executive made it necessary to arrange the militia of Washington county under the law of eighty- four, and the Governor's proclamation was issued for that purpose, which being accompanied with the field officers' commissions were laid before Washington court. Colonel Campbell on the bench objected to the proclamation and power of the Executive, under the law, and quitting the bench addressed himself to the court, tell- ing them that the militia law was arbitrary, tyrannical and oppres- sive ; and after condemning the last Assembly for enacting the law, said that the power of enforcing the law was in the court, not in


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the Executive, and that the court should by no means suffer the field officers to qualify ; he also hoped that the court and people of the county would pay no obedience to the law or proclamation. Colonel Campbell finding some opposition to his measures by the court, alleged that the Executive having suspended the operations of the law till January, 1786, he had not a right to take off that suspension, by which time, he made no doubt, the law would be repealed ; and after finding some of the court opposed to his pro- positions, plead, (notwithstanding the danger of the frontiers) that the court should not suffer the field officers to qualify at that time. His constant endeavors to prejudice the citizens of this county ever since against the law, will appear from a petition to the Assembly which he promoted."


And at the same time James Montgomery, who was a member of the Legislature from Washington county, preferred the follow- ing charges against Colonel Campbell :


"1st. That he advised persons chargeable with public taxes to refuse payment thereof.


2d. That he advised freeholders against electing members to the General Assembly.


3d. That he attempted by various means, openly and secretly, to induce the inhabitants of Washington county to separate from this Commonwealth.


4th. That he left the bench on a day when the court was sitting and attempted to persuade the court that no regard ought to be paid to the militia law, or the Governor's proclamation for enforc- ing it."


The Governor and Council, upon consideration of said charges, directed that the first Monday in April, 1786, be set apart for enquiring into the charges aforesaid, at the Council chamber in the city of Richmond, and that the said Arthur Campbell have notice of such intended inquiry and be furnished with a copy of the charges exhibited against him on or before the first day of February next, and that the parties be at liberty from that period to the 15th day of March next, to take depositions of witnesses, respecting the charges aforesaid, giving ten days' previous notice of the time and . place of taking the same, and that when taken they be transmitted to His Excellency the Governor, under the hand and seal of the


Washington County. 1717-1870. 407


magistrate or magistrates who attended the taking of such deposi- tions.


In answer to Governor Henry's proclamation enforcing the mili- tia law, Colonel Arthur Campbell, who had been particularly named therein, addressed the following letter to the Governor :


"Sir,-After having been honored lately with the receipt of sey- eral of your Excellency's letters, particularly that of the 17th of May last, and the several communications made in consequence of them, particularly my letter of the 13th of June, the principal offi- cers and the Whig interest in this county seemed to rest satisfied that an amicable and enlightened administration would pave the way to the Legislature and to Congress for the efficient and per- manent redress of the principal, and in some cases the almost intolerable grievances of the western inhabitants. But while secure in this confidence, we have to lament that the voice of calumny and faction has reached the seat of supreme rule, and that, without a constitutional enquiry, without a fair hearing, it. has been in some degree listened to, and had effect. It is hard to defend when it is not known what we are charged with, and at all times who can disarm private pique, or be able to withstand malice and envy without feeling some smart. But political fury. engendered by Tory principles, knows no bounds and is without a parallel. Bernard and Hutchison have exhibited to Governors and the world, examples that ought to teach wisdom to this and succeeding generations. We are told (but it is only from' report) that we have offended government on account of our sentiments being favorable to a new State, and our looking forward for a sep- aration. If such a disposition is criminal, I confess there are not a few in this county to whom guilt may be imputed, and to many respectable characters in other counties on the western waters. If we wish for a separation it is on account of grievances that daily become more and more intolerable, it is from a hope that another mode of governing will make us more useful than we are now to the general confederacy, or ever can be whilst so connected. But why can blame fall on us, when our aim is to conduct measures in an orderly manner, and strictly consistent with the Constitution. Surely men who have bound themselves by every holy tie to sup- port republican principles, cannot on a dispassionate consideration blame us. Our want of experience and knowledge may be a plea


-


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against us. We deplore our situation and circumstances on that account, but at the same time firmly believe that our advances to knowledge will still continue slow, perhaps verge towards ignorance and barbarism, without the benefit of local independent institutions.


But, sir, why may we not take courage and say we are right when adverting to our own constitution, to the different Acts of Con- gress, that of different legislatures, the opinion of the first states- men in America, among whom we can number an illustrious com- mander, a great lawyer and judge in this State, and a Governor of Virginia himself?


All that I have to ask, and it is all that I may ever crave, is that your Excellency may not, from invidious information, form such rash measures, so urge matters, at an untimely day to extremi- ties, which only might gratify an angry individual, but would, by no means, promote the interest and peace of the Commonwealth, or its honor and dignity.


I am, sir, with respect, your most obedient servant,


ARTHUR CAMPBELL.


The agitation continued until the meeting of the General Assem- bly of Virginia, on October, 1785, at which time, the Governor transmitted to the General Assembly a message in regard to the action taken by the people of this portion of Virginia, praying the establishment of an independent State.


Accompanying the message was the memorial adopted by tlie Assembly that met at Abingdon, addressed to the Congress of the United States as heretofore given. The message of the Governor to the General Assembly was as follows :


MESSAGE OF GOVERNOR PATRICK HENRY.


"I transmit herewith a letter from the Honorable Mr. Hardy, covering a memorial to Congress of sundry inhabitants of Washing- ton county, praying the establishment of an independent State, to be bounded as is therein expressed. 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 inval- uable barrier between 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


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Washington County, 1777-1570.


into professions of friendship. But a circumstance has lately hap- pened, which renders the possession of the 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 the American Constitution, have assumed government, and while unallied to us and under no engagements to pursue the objects of the Federal government, 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 society stretch into a great extent in contact with ours in Washington county, and there- by expose our citizens to the contagion of the example which bids fair to destroy the peace of North Carolina. In this state of things it is that variety of information has come to me stating that several persons, but especially Colonel 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 attach themselves to the newly-assumed government, or to creet one dis- tinet 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 loose that barrier for which our people have long and often fought; that nursery of soldiers. from which future armies may be levied. and through which it will be almost impossible for our enemies to penetrate. We shall aggran- dize the new State, whose connections, views and designs, we know not : shall cease to be formidable to our savage neighbors, or respect- able to our western settlements, at present or in the 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 dis- placing such of the field officers of the militia in Washington county as were active partizans for separation, in order to prevent 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 appointments were made agreeable to it.


I hope to be excused for expressing a wish that the Assembly, in


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Southwest Virginia, 1746-1786.


deliberating on this affair, will prefer lenient measures in order to restrain our erring citizens. 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 agriculture 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 recon- sidered that intemperance in their own proceedings, which oppo- sition in sentiment is too apt to produce.


The limits proposed for the new government of Frankland, by Colonel Arthur Campbell and the people of Virginia who aimed at a separation from this State, were expressed in the form of a con- stitution which Colonel Campbell drew up for public examination, and were these: Beginning at a point on the top of the Alleghany or Appalachian mountains, so as that a line drawn due north from thence will touch the bank of the New river, otherwise called Kenawha, at the confluence of Little river, which is about one mile above Inglis' ferry, down the said river Kenawha to the mouth of the Roncèvert, or Greenbrier river, a direct line thence to the summit of Laurel mountain, and along the highest part of the same to the same point where it is intersected by the parallel of 37º 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 river Ohio; south along the meridian to the Elk river, a branch of the Tennessee ; down said river to its mouth, and down the Ten- nessee to the most southwardly part or bend of said river; a direct line from thence to that branch of the Mobile, called Tombigbee ; down said river Tombigbee to its junction with the Coosawattee river, to the mouth of that branch of it called the Hightower ; thence south to the top of the Appalachian mountain, or the highest land that divided the sources of the eastern from the western wat- ers ; northwardly along the middle of said heights, and the top of the Appalachian mountain, to the beginning. It was stated that the inhabitants within these limits agree with each other to form themselves into a free, sovereign 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 Commonwealth of Frankland ; and all the laws and ordinances which had been before adopted, used and


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Washington County, 1777-1870.


approved in the different parts of this State, whilst under the juris- dietion 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 repealed by the Legislature: such parts only excepted. as are repugnant to the rights and liberties contained in this Constitution. or those of the said respective States."


As heretofore stated, early in the year 1285 the Governor removed Colonel Arthur Campbell, county lieutenant of Washing- ton county and all the militia officers who advocated a new State. and commissioned General Russell as brigadier-general of militia and a number of other gentlemen who were opposed to the forma- tion of a new State, as militia officers in Washington county ; but when Colonel Russell and the other gentlemen holding commis- sions under the Governor appeared before the court and offered to qualify as required by law. Colonel Campbell, who was the pre- siding officer of the court, demanded of Colonel Russell and his friends to know by what authority they sought to qualify, when the commissions were produced, and Colonel Campbell. having read the commissions, left the bench and declared that he would not tamely submit to the orders of the Governor, and immediately proceeded to address the court, declaring the militia law to be in the highest degree oppressive and tyrannical, and that the Gover- nor. having suspended the law until January. 1786, had no right to enforce it at this time. He pronounced the Governor's proclama- tion illegal, declaring the Governor and Council had exceeded their power, and that they had no right to enforce the militia law at that time, and he assured the court that the power to enforce law was in them and not in the Executive: and. notwithstanding the earnest protest of Colonel Russell, the court declined to permit the Governor's appointees to qualify.




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