USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 37
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The General Assembly convened on the 3d day of October. 1985. and the first act passed by the Assembly was to amend the militia law enacted at the session in 1384. and to provide that the officers of the militia, who were displaced and removed from office by vir- tue of said act. are hereby reinstated and shall take precedency of rank agreeably to dates of the commissions they severally held prior to the passage of said Act.
And this same Assembly passed several Acts having for their
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object the removal of the grievances complained of by Colonel Campbell and his followers in Washington county.
By the Act of the Assembly above given, Colonel Campbell, once again, prevailed against his enemies and continued to discharge the duties of county lieutenant of Washington county for many years.
The measures adopted by the Legislature were exceedingly mod- erate and conciliatory, and, as a result, all active opposition to the authority of the Virginia government ceased.
The idea of forming a new government out of the western terri- tory originated with Colonel Arthur Campbell and was adopted by the citizens of North Carolina at his suggestion. He was com- pelled to submit to the authority of the State of Virginia some time previous to the dissolution of the State of Frankland in North Carolina, because of the circumstances surrounding the two peoples. Colonel Campbell and his Virginia followers lived in that portion of the Commonwealth of Virginia which the State had never agreed to cede to the Continental Congress, and the sov- ereignty of which the Commonwealth, at no time, was willing to surrender to any other power, while the situation in North Carolina was entirely different. The General Assembly of that State had ceded all that portion of her territory embraced in the State of Frankland to the Congress of the United States, and the citizens of North Carolina felt but little interest in the matter, and as a result of this condition the Virginia seceders were promptly suppressed, while those in North Carolina were for some time per- mitted to pursue the even tenor of their way.
The prosecution of Colonel Campbell continued with unabated vigor, and numerous depositions were taken to sustain the charges made against him. The deposition of Colonel William Russell, the chief prosecutor in the case, was as follows :
"General William Russell, deposeth and saith: On the 12th day of January, 1785, at the house of William Colly in Wash- ington county, your deponent attended a meeting of a number of inhabitants of said county. The people assembled, Colonel Camp- bell addressed them, saying he had called them together to explain to them the enormous sum of money paid by the people of this county to the State of Virginia, which he said repeatedly amounted , to nearly two million more than was due from this county to the
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government. He said he was exceedingly alarmed to find that taxes were to be demanded of the people of Washington that year, then reduced to absolute certainty, the sheriff having given security for the collection. Your deponent well remembers Colonel Campbell told the people that sum of money operated upon them as a tax, and that the people ought to pay no tax till that sum was accounted for by the government to the people here. Your deponent then told the people that Colonel Campbell's deductions were drawn from erroneous calculations by the lump, intended to mislead and incense them against government. Your deponent then urged the people to pay half the tax then called for, and further told the people their compliance with that in future might perhaps favor them to pro- cure an abatement, if not a final remittance, of the arrears by our Assembly. Colonel Campbell immediately replied, truly the gen- tleman preaches up to you passive obedience and non-resistance. Your deponent then informed the people the sheriff would take beef cattle for the collection, to make it easy for those who could not raise money to pay their tax. Colonel Campbell instantly replied, he liked such men who would take up arms rather than submit to so unjust a tax. Colonel Campbell then proposed that all for his measure should choose a committee, and with these retired aside. Your deponent attended a meeting at Major Dysart's on the 14th of the same instant, when Colonel Campbell addressed the people then present with the same explanation of statements he had offered on the 12th at William Colly's, urging that the people of this county had paid two millions money more than their just quota. and alleged it was unjust for us to pay tax till that was accounted for. Your deponent attended one other meeting at Sink- ing Spring Meeting House. on the 15th of the same instant. being Washington February court day, and your deponent supposeth nearly three hundred people were present at said meeting. Colonel Campbell addressed them as before in opposition to the collection of the taxes, and again alleged this county had paid nearly two mil- lions over and above what ought to be paid to government, and recommended the people ought to pay no tax until that was settled by the State. Colonel Campbell said he was surprised to find in what manner measures had been taken to precipitate the collection by the sheriff and his sureties. Colonel Campbell observed, we had but lately escaped from British tyranny and he feared it was likely
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to take place in our own State. He exclaimed generally against the laws passed by the General Assembly in 1784, as tyrannical and oppressive. Your deponent once more observed to the people that Colonel Campbell's inferences led them to secede from government ; that his insinuations and refusal to pay taxes led to rebellion, in which predicament, if led by him, we must either subjugate Vir- ginia, or Virginia would reduce us.
At July Washington court, 1785, the Governor's proclamation being read near the courthouse door, by the sheriff intended to enforce the militia law of 1784, your deponent and field officers, as by a late appointment by the Governor, went before the court, and applied to be qualified to their commissions. Colonel Campbell, then on the bench and judge of the court, he enquired to know what commission, of which your deponent informed him, and handed him the Governor's proclamation ; he having read it, or part of it, took his hat, and leaving the bench, declared he would not tamely submit to it so.
Colonel Campbell then addressed the court, and said that the Governor and Council had exceeded their power. He told the court the Governor's proclamation was not law. Your deponent observed to the court it was a power sufficient to enforce a law. Colonel Campbell then observed the militia law was in the highest degree oppressive and tyrannical, and the Executive having suspended the law till January, 1186, had no right to enforce it at that time, and he assured the court the power to inforce that law or not, was in them, and not in the Executive.
It appeared to your deponent, that Colonel Arthur Campbell, supposing that he would be overruled by the court in his proposi- tion, then proposed to the court to postpone the qualification of the officers till the August court. Your deponent then observed to the court the risk of the frontier would not admit of that delav, as depredations had been committed not long before on our fron- tiers by the savages.
Colonel Campbell then replied that was not of much consequence, and further your deponent saith not.
Depositions pro and con were taken in this case, at the town house, on March 6, 1786, at the house of Captain Thomas Price on Clinch, on the 10th day of March, and at Henry Herkleroads, on the 14th of said month. The following witnesses were examined
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against. Colonel Campbell: Joseph Cole. Andrew Kincannon. Thomas Berry, James Thompson. Charles Bowen. Arthur Bowen. William Crabtree, Andrew Cowan, George Clark. James Kincan- non and Robert Preston. And the following witnesses were sworn in behalf of Colonel Campbell: John Latham, Benjamin Sharp. James Dysart. Eliska Dungan. George Finley, Alex. Breckinridge. James Snodgrass. John Kinkead, Joseph Black and Robert Craig.
These depositions were taken before David Ward. Andrew Cowan. John Latham, John Kinkead. John Lowry. James Fulkerson and Joseph Black.
The principal deposition given in behalf of Colonel Arthur Camp- bell. and the one that best illustrates his defence, was that of Cay- tain Robert Craig, which is as follows :
"And the deponent further saith; that at July court. 1285, he was sent for to come into court, and when he came in saw Arthur Campbell standing on the floor, and after the said deponent, taking his seat on the bench. Colonel Russell, produced to the bench a commission which he was desirous of swearing in. Colonel Camp- bell wished the bench to consider the matter maturely first. Col- onel Russell told the court they could not get over swearing the officers into this commission, as there was the Governor's procla- mation enfercing the new militia law in this county. A member of the court was desirous of seeing the proclamation, upon which it was handed to the court. when Arthur Campbell raised some objections against it-as it was an unusual manner in which it came ; but however. Colonel Russell still insisted to swear into the commis- sions, urging that there was a necessity for swearing into them. as the frontier was in danger of being harassed by Indians. Arthur Campbell made answer that every necessary measure had been taken for the defence of the frontier, and said that the officers which had acted would not neglect doing every duty for the fron- tiers in their power until the August court, which was the longest time he wanted. That the then officers which were to swear into their commissions should not be opposed, if nothing was done by the Executive favorable to the old officers, for he was certain. he said, that there had been some misrepresentation sent to the Executive, or they never would have thrown out officers who had never been called to an account for any misconduct. He likewise further said that he would leave it to the choice of the people which
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could be known against the August court, and if the new militia law was the choice of a majority of the people, he would be heartily agreed, and could shoulder his musket as well as any of them; and then the said Arthur Campbell retired out of the house, and he does not remember of his returning into the house that day. He con- sidered Arthur Campbell as acting as a private citizen merely in his course, and had never known of his having been guilty of mis- conduct as a justice of the peace, &c., &c.
"The deponent being interrogated, what information James Montgomery gave, one of the days of the last court, respecting his reasons and motives for accusing Arthur Campbell for malprac- tices in his office as Justice of the Peace; Answers, on Wednesday the End day of the court in conversation with James Montgomery, said Montgomery often urged that he had been ill used by Ar- thur Campbell, and particularly for that judgment which was obtained against him for holding a false Election in 1785, and for not getting justice in recommendations. As a Militia Officer, the said Deponent observed, that no judgment was yet obtained against him in Court, but he still insisted there was, and he blamed no other man but Arthur Campbell for it. And s'd Deponent asked said Montgomery why he and Arthur Campbell had so many dis- putes, as they were once good friends, and why they might not cordially drop these disputes and commence good friends again : said Montgomery answered that he had been willing to be good friends with him, but it was too late now, and if it had not been purely out of ambition and revenge he would never have raised a charge against Colonel Campbell.
"And being further interrogated, if what he heard him say in his opinion, was in a dispute, depending before this Court or relative to the charges now pending before the Executive? The said Deponent answered that he understood it to be that which lay before the Executive. Being further interrogated, if he thought James Montgomery was in his proper senses, or if he thinks he was disguised with liquor at the time they had this Con- versation ; the deponent answers that he drank a share of a quart bowl of whiskey grog, and seemed as if he had been drinking freely before, but the said deponent cannot say he was drunk, although he expressed himself very noisy, but as sensible as usual.
"The first depositions taken in this case were suppressed by the
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Governor and Council. The order of the Council suppressing these depositions was as follows :
"Arthur Campbell, appearing in person and being attended by James Innes and Archibald Stuart. Esquires, his counsel, the Board resumed the consideration of the charges exhibited against him as a Justice of the Peace for the county of Washington, and. the charges being read. the said Arthur Campbell by his Coun- sel, objected to the jurisdiction of the Board to proceed to the en- quiry, under the Act entitled 'An Act to extend the powers of the Governor and Council.' as being repugnant to the eighth article of the declaration of rights, and the principles of the Constitu- tion, which objection being overruled by the Board, the Counsel for the said Campbell proceeded to object to the nature and pro- priety of the testimony by Depositions, alleging the witnesses should personally appear and be examined 'viva voce.' and that the depositions were taken in a partial manner, declaring at the same time that their client meant not to shrink from the charges being enquired into, if impartial persons should be appointed to take depositions respecting the charges, and transmit them to the Board.
"Whereupon, the Board delivered their opinion, that as the certificate of the judges annexed to the depositions did not state the place as well as the time where the depositions were taken, in conformity to the notice given, they were not sufficient evidence. It was therefore ordered by the consent of the said Campbell and Alexander Montgomery, attending on the part of the accusers, that depositions respecting the charges aforesaid. as well on the part of the Commonwealth as the said Arthur Campbell be taken by either party at the Court House of said Washington County, between the first and last of next month, giving ten days' notice of the time and place of taking them, and that David Ward, Andrew Cowan. John Latham, John Kinkead, John Lowry, James Fulkerson and Joseph Black. Gentlemen, or any three of them being the commis- sioners chosen by the parties, attend the taking of the depositions of such witnesses as shall be produced, and that the commission- ers transmit the depositions so taken, under their hand and seal, to the Governor on or before the second Tuesday in June next, at which time the parties are to be heard in the Council Chamber touching the charges aforesaid."
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These depositions were retaken pursuant to the above order of the Council and returned to the Governor of Virginia, whereupon Colonel Campbell addressed the following memorial to the Gov- ernor and Council :
To His Excellency, the Governor of Virginia, and the Honorable the Council of State:
THE MEMORIAL OF ARTHUR CAMPBELL.
"Sheweth : that conscious of the purity of his intentions and the inoffensiveness of his transactions in 1785, he, last April, waived his undoubted privilege of viva voce testimony being pro- duced against him before your Honorable Board. That he should not have waived such a benefit had it not been for the apparent sense of the Board in April last, and in confidence that the same rule for admitting evidence would be adopted before the commis- sioners appointed to take depositions, as are always adhered to in the Courts of Law, that such rules have been disregarded and such persons admitted to swear, who are parties in the dispute, and others interested and not credible witnesses-That as all your Memorialist's conversation complained of happened at public places, where were a large number of the inhabitants generally as- sembled, several of whom must have heard what words were spoken, as well as Colonel Russell, or any of the avowed complainants. That he has no objection, and it was really his desire to have a number of the most credible, disinterested persons in the county to say on their oath what they knew of the charges brought against your memorialist. However, he believes there are a sufficient num- ber of such persons already qualified to make the truth appear to your Honorable Board, without being obliged to resort to the tes- timony indirectly obtained, and coming from such persons under the influence of such passions as always vitiate testimony in the Courts of Law. Your Memorialist therefore prays, that none of the depositions taken before the Commissioners, in Washington County, dated the third, fourth, and fifth days of this instant, may be admitted against him, because, however secure he may now con- clude himself from the attack of malice, yet the precedent would be a dangerous one, and might one day return on the heads of
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those who are now so passionately anxious for the destruction of one who has really done the public no wrong.
"And your Memorialist will ever Pray, &e .. &c.,
"ARTHUR CAMPBELL."
As far as I can ascertain, the Governor and Council sustained the charges against Colonel Campbell and removed him from the office of justice of the county court in August, 1286, but he was almost immediately reinstated upon the request of the court of this county.
While Colonel Campbell's conduct in this matter may have been indiscreet and imprudent, there can be no question that he voiced the sentiments of a great majority of the citizens living in Wash- ington county.
At the next election for members of the House of Delegates from Washington county, held in the spring of the year 1787. he, along with Robert Craig, was overwhelmingly elected from this county, and Colonel Campbell for many years thereafter, retained the con- fidence of the people of this county and the State officials at Rich- mond.
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CHAPTER IX.
WASHINGTON COUNTY, 1787-1840.
On the 8th day of March, 1787, a small party of Indians came to the settlement in Castle's Woods, where they killed a woman and two children, and made their escape in such a manner that they could not be pursued.
A short while previous to this time the Indians had visited Lin- coln county, Kentucky, and stolen a number of horses, and com- mitted other depredations on the people, whereupon a company of militia, being about 100 in number, set out from Lincoln county, under the command of Colonel John Logan, to attack and destroy a small town inhabited by the Cherokees, on the north side of the Tennessee and.below the Cumberland mountain, who were blamed for the depredations on the Kentucky Path and in the Kentucky country.
This company, after a few days, came on a fresh trace of In- dians, which they followed across Cumberland Gap, and they fell in with a company of Indians and killed seven, a chief and six warriors, and wounded several others, one of the Kentucky militia being killed and another wounded. This company of Indians proved to be from the friendly town of Chote.
On the 9th day of July, 1787, a party of Indians came to the house of John Carter, on the Clinch, and killed his wife and six children, and, after plundering the house, placed the dead bodies in the same and burned the whole. About the same time a family of thirteen or fourteen were murdered by the Indians on the Clinch.
During the spring of this year the Indians killed five persons on the head waters of the Clinch, two men and three women, and every indication pointed to war.
The Spanish Government and the American people were, at this time, engaged in a controversy in regard to the navigation of the Mississippi river, and a gentleman writing from the Cherokee country to his friend in Virginia, on the 2d day of August, 1787, said :
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"Through a channel that may be credited, I am informed that Alexander McGillivray is using his utmost exertions to engage the Creek Indians in a War, not only with Georgia, but with the west- ern parts of Virginia and No. Carolina. He has said to some of his friends that his object is to make the war as hot as possible at first, which will induce overtures for peace, and make the United States glad to grant advantageous terms, such as to acknowledge the independence and sovereignty of the Creek Nation, and admit them as members of the Federal Union.
"A great number of Tories and other white desperadoes have taken refuge in the Creek country. McGillivray was a noted one. but has lately ingratiated himself into the good graces of the Span- ish commandant at Mobile : is now agent for his Catholic Majesty in the Creek Nation, and a Colonel in the Spanish pay, and of late has usurped the regal authority over the Indians. McGillivray seems to be possessed of abilities, has an insatiable ambition for honor, and being aggrandized, and may not be much inferior to Hyder Ali had he the same opportunity.
"Upon the whole there is reason to believe that the whole is a plan of the Court of Spain to curtail the United States in a part of their territory. If that be the case there cannot be too great care taken to disconcert them. If the Creek Nation was well humbled, and the nest of Tories that is settled among them routed and drove out of the country. I think we might have lasting peace : otherwise we may expect that, the longer it is delayed, our enemies will become more numerous and formidable."
A large body of Creeks united and crossed the Hiwassee river. declaring their purpose to march for the Holston settlements. Colonel Arthur Campbell, who was in command of the defences of this and Russell county at the time, directed Captain Samuel Newell, with a detachment of men, to keep a vigilant outlook for the Creek Indians on the frontiers, and. for the purpose of retain- ing the friendship of the Cherokee Indians, he sent their chief the following talk :
"Brother :--- It is with great concern that we hear that a number of your Towns' people have lately been killed by some white men between Clinch river and Cumberland mountain, and that you blame the Virginians for it. As to who done it, I cannot cer- tainly say, but have heard that one hundred men from Kentucky
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had gone towards Chickamogga Towns to take satisfaction for the murder that was done on the Kentucky path last October, and what made the people exceedingly angry, was that they heard their Captives, mostly women, were all burnt in the Chickamogga Towns.
"You know when the Americans go to war, they kill no prison- ers and try to save alive all the women and children. Warriors will only seek to fight with men; cowards may go to war with women.
"Brother, listen attentively; ever since the year 1781, when your towns were all destroyed for joining the English, the Virginians buried the tomahawk deep, and never wish to raise it again against their brothers, the Cherokees, but are willing to live in friendship as long as the moon endures. It will be your fault if the friend- ship is broken. I venture to promise further, that none of the Vir- ginians living on this side of the Cumberland mountains will mo- lest the Cherokees without first obtaining orders from our Gover- nor, who is a good man, and will see that you have justice done if you remáin peaceable. He will also call the Kentuckians to ac- count, if they have been guilty of destroying any of the friendly Cherokees.
"Brother, call a Council of your head men, give them this Talk, exhort them to live peaceable, and wait until the Governor of Virginia can hear all the truth, and if his people are to blame. he will give him satisfaction and put a stop to former wrongs; but if you rashly go to war and kill innocent people, there may be a great deal of blood shed, for we can send a great army against you that may destroy you altogether.
"Listen well. You must see that I have now given you good advice both for you and your nation. Send me in return an answer, a very long talk. Tell me all there is in your heart. If you are for keeping the chain of friendship bright, I will be your friend as here- tofore, and do you all the good I can. It will give me pleasure to use means to heal the wounds and dry up the tears of those that have lost their friends, and be strong in endeavors to do justice to all the red people that keep the peace and love the Americans.
"ARTHUR CAMPBELL. "To ye Great Warrior of the Cherokees."
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