CHAPTER X.

Sevier, The Statemaker

After King's Mountain, Sevier reached home just in time to fend off a

Cherokee attack on Watauga. Again warning had come to the settlements

that the Indians were about to descend upon them. Sevier set out at once

to meet the red invaders. Learning from his scouts that the Indians were

near he went into ambush with his troops disposed in the figure of a

half-moon, the favorite Indian formation. He then sent out a small body

of men to fire on the Indians and make a scampering retreat, to lure the

enemy on. The maneuver was so well planned and the ground so well chosen

that the Indian war party would probably have been annihilated but for

the delay of an officer at one horn of the half-moon in bringing his

troops into play. Through the gap thus made the Indians escaped, with a

loss of seventeen of their number. The delinquent officer was Jonathan

Tipton, younger brother of Colonel John Tipton, of whom we shall hear

later. It is possible that from this event dates the Tiptons' feud with

Sevier, which supplies one of the breeziest pages in the story of early

Tennessee.

Not content with putting the marauders to flight, Sevier pressed on

after them, burned several of the upper towns, and took prisoner a

number of women and children, thus putting the red warriors to the depth

of shame, for the Indians never deserted their women in battle. The

chiefs at once sued for peace. But they had made peace often before.

Sevier drove down upon the Hiwassee towns, meanwhile proclaiming that

those among the tribe who were friendly might send their families to the

white settlement, where they would be fed and cared for until a sound

peace should be assured. He also threatened to continue to make war

until his enemies were wiped out, their town sites a heap of blackened

ruins, and their whole country in possession of the whites, unless they

bound themselves to an enduring peace.

Having compelled the submission of the Otari and Hiwassee towns, yet

finding that depredations still continued, Sevier determined to invade

the group of towns hidden in the mountain fastnesses near the headwaters

of the Little Tennessee where, deeming themselves inaccessible except by

their own trail, the Cherokees freely plotted mischief and sent out

raiding parties. These hill towns lay in the high gorges of the Great

Smoky Mountains, 150 miles distant. No one in Watauga had ever been in

them except Thomas, the trader, who, however, had reached them from the

eastern side of the mountains. With no knowledge of the Indians' path

and without a guide, yet nothing daunted, Sevier, late in the summer of

1781 headed his force into the mountains. So steep were some of the

slopes they scaled that the men were obliged to dismount and help their

horses up. Unexpectedly to themselves perhaps, as well as to the

Indians, they descended one morning on a group of villages and destroyed

them. Before the fleeing savages could rally, the mountaineers had

plunged up the steeps again. Sevier then turned southward into Georgia

and inflicted a severe castigation on the tribes along the Coosa River.

When, after thirty days of warfare and mad riding, Sevier arrived at his

Bonnie Kate's door on the Nolichucky, he found a messenger from General

Greene calling on him for immediate assistance to cut off Cornwallis

from his expected retreat through North Carolina. Again he set out, and

with two hundred men crossed the mountains and made all speed to

Charlotte, in Mecklenburg County, where he learned that Cornwallis had

surrendered at Yorktown on October 19, 1781. Under Greene's orders he

turned south to the Santee to assist a fellow scion of the Huguenots,

General Francis Marion, in the pursuit of Stuart's Britishers. Having

driven Stuart into Charleston, Sevier and his active Wataugans returned

home, now perhaps looking forward to a rest, which they had surely

earned. Once more, however, they were hailed with alarming news.

Dragging Canoe had come to life again and was emerging from the caves of

the Tennessee with a substantial force of Chickamaugan warriors. Again

the Wataugans, augmented by a detachment from Sullivan County, galloped

forth, met the red warriors, chastised them heavily, put them to rout,

burned their dwellings and provender, and drove them back into their

hiding places. For some time after this, the Indians dipped not into the

black paint pots of war but were content to streak their humbled

countenances with the vermilion of beauty and innocence.

It should be chronicled that Sevier, assisted possibly by other

Wataugans, eventually returned to the State of North Carolina the money

which he had forcibly borrowed to finance the King's Mountain

expedition; and that neither he nor Shelby received any pay for their

services, nor asked it. Before Shelby left the Holston in 1782 and moved

to Kentucky, of which State he was to become the first Governor, the

Assembly of North Carolina passed a resolution of gratitude to the

overmountain men in general, and to Sevier and Shelby in particular, for

their "very generous and patriotic services" with which the "General

Assembly of this State are feelingly impressed." The resolution

concluded by urging the recipients of the Assembly's acknowledgments to

"continue" in their noble course. In view of what followed, this

resolution is interesting!

For some time the overhill pioneers had been growing dissatisfied with

the treatment they were receiving from the State, which on the plea of

poverty had refused to establish a Superior Court for them and to

appoint a prosecutor. As a result, crime was on the increase, and the

law-abiding were deprived of the proper legal means to check the

lawless. In 1784 when the western soldiers' claims began to reach the

Assembly, there to be scrutinized by unkindly eyes, the dissatisfaction

increased. The breasts of the mountain men--the men who had made that

spectacular ride to bring Ferguson to his end--were kindled with hot

indignation when they heard that they had been publicly assailed as

grasping persons who seized on every pretense to "fabricate demands

against the Government." Nor were those fiery breasts cooled by further

plaints to the effect that the "industry and property" of those east of

the hills were "becoming the funds appropriated to discharge the debts"

of the Westerners. They might with justice have asked what the industry

and property of the Easterners were worth on that day when the overhill

men drilled in the snows on the high peak of Yellow Mountain and looked

down on Burke County overrun by Ferguson's Tories, and beyond, to

Charlotte, where lay Cornwallis.

The North Carolina Assembly did not confine itself to impolite remarks.

It proceeded to get rid of what it deemed western rapacity by ceding the

whole overmountain territory to the United States, with the proviso that

Congress must accept the gift within twelve months. And after passing

the Cession Act, North Carolina closed the land office in the undesired

domain and nullified all entries made after May 25, 1784. The Cession

Act also enabled the State to evade its obligations to the Cherokees in

the matter of an expensive consignment of goods to pay for new lands.

This clever stroke of the Assembly's brought about immediate

consequences in the region beyond the hills. The Cherokees, who knew

nothing about the Assembly's system of political economy but who found

their own provokingly upset by the non-arrival of the promised goods,

began again to darken the mixture in their paint pots; and they dug up

the war hatchet, never indeed so deeply patted down under the dust that

it could not be unearthed by a stub of the toe. Needless to say, it was

not the thrifty and distant Easterners who felt their anger, but the

nearby settlements.

As for the white overhill dwellers, the last straw had been laid on

their backs; and it felt like a hickory log. No sooner had the Assembly

adjourned than the men of Washington, Sullivan, and Greene counties,

which comprised the settled portion of what is now east Tennessee,

elected delegates to convene for the purpose of discussing the formation

of a new State. They could assert that they were not acting illegally,

for in her first constitution North Carolina had made provision for a

State beyond the mountains. And necessity compelled them to take steps

for their protection. Some of them, and Sevier was of the number,

doubted if Congress would accept the costly gift; and the majority

realized that during the twelve months which were allowed for the

decision they would have no protection from either North Carolina or

Congress and would not be able to command their own resources.

In August, 1784, the delegates met at Jonesborough and passed

preliminary resolutions, and then adjourned to meet later in the year.

The news was soon disseminated through North Carolina and the Assembly

convened in October and hastily repealed the Cession Act, voted to

establish the District of Washington out of the four counties, and sent

word of the altered policy to Sevier, with a commission for himself as

Brigadier General. From the steps of the improvised convention hall,

before which the delegates had gathered, Sevier read the Assembly's

message and advised his neighbors to proceed no further, since North

Carolina had of her own accord redressed all their grievances. But for

once Nolichucky Jack's followers refused to follow. The adventure too

greatly appealed. Obliged to choose between North Carolina and his own

people, Sevier's hesitation was short. The State of Frankland, or Land

of the Free, was formed; and Nolichucky Jack was elevated to the office

of Governor--with a yearly salary of two hundred mink skins.

Perhaps John Tipton had hoped to head the new State, for he had been one

of its prime movers and was a delegate to this convention. But when the

man whom he hated--apparently for no reason except that other men loved

him--assented to the people's will and was appointed to the highest post

within their gift, Tipton withdrew, disavowing all connection with

Frankland and affirming his loyalty to North Carolina. From this time

on, the feud was an open one.

That brief and now forgotten State, Frankland, the Land of the Free,

which bequeathed its name as an appellation for America, was founded as

Watauga had been founded--to meet the practical needs and aspirations of

its people. It will be remembered that one of the things written by

Sevier into the only Watauga document extant was that they desired to

become "in every way the best members of society." Frankland's aims, as

recorded, included the intent to "improve agriculture, perfect

manufacturing, encourage literature and every thing truly laudable."

The constitution of Frankland, agreed to on the 14th of November, 1785,

appeals to us today rather by its spirit than by its practical

provisions. "This State shall be called the Commonwealth of Frankland

and shall be governed by a General Assembly of the representatives of

the freemen of the same, a Governor and Council, and proper courts of

justice.... The supreme legislative power shall be vested in a single

House of Representatives of the freemen of the commonwealth of

Frankland. The House of Representatives of the freemen of the State

shall consist of persons most noted for wisdom and virtue."

In these exalted desires of the primitive men who held by their rifles

and hatchets the land by the western waters, we see the influence of the

Reverend Samuel Doak, their pastor, who founded the first church and the

first school beyond the great hills. Early in the life of Watauga he had

come thither from Princeton, a zealous and broadminded young man, and a

sturdy one, too, for he came on foot driving before him a mule laden

with books. Legend credits another minister, the Reverend Samuel

Houston, with suggesting the name of Frankland, after he had opened the

Convention with prayer. It is not surprising to learn that this

glorified constitution was presently put aside in favor of one modeled

on that of North Carolina.

Sevier persuaded the more radical members of the community to abandon

their extreme views and to adopt the laws of North Carolina. However

lawless his acts as Governor of a bolting colony may appear, Sevier was

essentially a constructive force. His purposes were right, and small

motives are not discernible in his record. He might reasonably urge that

the Franklanders had only followed the example of North Carolina and the

other American States in seceding from the parent body, and for similar

causes, for the State's system of taxation had long borne heavily on the

overhill men.

The whole transmontane populace welcomed Frankland with enthusiasm.

Major Arthur Campbell, of the Virginian settlements, on the Holston, was

eager to join. Sevier and his Assembly took the necessary steps to

receive the overhill Virginians, provided that the transfer of

allegiance could be made with Virginia's consent. Meanwhile he replied

in a dignified manner to the pained and menacing expostulations of North

Carolina's Governor. North Carolina was bidden to remember the epithets

her assemblymen had hurled at the Westerners, which they themselves had

by no means forgotten. And was it any wonder that they now doubted the

love the parent State professed to feel for them? As for the puerile

threat of blood, had their quality really so soon become obliterated

from the memory of North Carolina? At this sort of writing, Sevier, who

always pulsed hot with emotion and who had a pretty knack in turning a

phrase, was more than a match for the Governor of North Carolina, whose

prerogatives he had usurped.

The overmountain men no longer needed to complain bitterly of the lack

of legal machinery to keep them "the best members of society." They now

had courts to spare. Frankland had its courts, its judges, its

legislative body, its land office--in fact, a full governmental

equipment. North Carolina also performed all the natural functions of

political organism, within the western territory. Sevier appointed one

David Campbell a judge. Campbell held court in Jonesborough. Ten miles

away, in Buffalo, Colonel John Tipton presided for North Carolina. It

happened frequently that officers and attendants of the rival law courts

met, as they pursued their duties, and whenever they met they fought.

The post of sheriff--or sheriffs, for of course there were two--was

filled by the biggest and heaviest man and the hardest hitter in the

ranks of the warring factions. A favorite game was raiding each other's

courts and carrying off the records. Frankland sent William Cocke, later

the first senator from Tennessee, to Congress with a memorial, asking

Congress to accept the territory North Carolina had offered and to

receive it into the Union as a separate State. Congress ignored the

plea. It began to appear that North Carolina would be victor in the end;

and so there were defections among the Franklanders. Sevier wrote to

Benjamin Franklin asking his aid in establishing the status of

Frankland; and, with a graceful flourish of his ready pen, changed the

new State's name to Franklin by way of reinforcing his arguments. But

the old philosopher, more expert than Sevier in diplomatic calligraphy,

only acknowledged the compliment and advised the State of Franklin to

make peace with North Carolina.

Sevier then appealed for aid and recognition to the Governor of Georgia,

who had previously appointed him Brigadier General of militia. But the

Governor of Georgia also avoided giving the recognition requested,

though he earnestly besought Sevier to come down and settle the Creeks

for him. There were others who sent pleas to Sevier, the warrior, to

save them from the savages. One of the writers who addressed him did not

fear to say "Your Excellency," nor to accord Nolichucky Jack the whole

dignity of the purple in appealing to him as the only man possessing the

will and the power to prevent the isolated settlements on the Cumberland

from being wiped out. That writer was his old friend, James Robertson.

In 1787, while Sevier was on the frontier of Greene County, defending it

from Indians, the legal forces of North Carolina swooped down on his

estate and took possession of his negroes. It was Tipton who represented

the law; and Tipton carried off the Governor's slaves to his own estate.

When Nolichucky Jack came home and found that his enemy had stripped

him, he was in a towering rage. With a body of his troops and one small

cannon, he marched to Tipton's house and besieged it, threatening a

bombardment. He did not, however, fire into the dwelling, though he

placed some shots about it and in the extreme corners. This opéra bouffe

siege endured for several days, until Tipton was reinforced by some of

his own clique. Then Tipton sallied forth and attacked the besiegers,

who hastily scattered rather than engage in a sanguinary fight with

their neighbors. Tipton captured Sevier's two elder sons and was only

strained from hanging them on being informed that two of his own sons

were at that moment in Sevier's hands.

In March, 1788, the State of Franklin went into eclipse. Sevier was

overthrown by the authorities of North Carolina. Most of the officials

who had served under him were soothed by being reappointed to their old

positions. Tipton's star was now in the ascendant, for his enemy was to

be made the vicarious sacrifice for the sins of all whom he had "led

astray." Presently David Campbell, still graciously permitted to preside

over the Superior Court, received from the Governor of North Carolina

the following letter:

Sir: It has been represented to the Executive that John Sevier, who

style's himself Captain-General of the State of Franklin, has been

guilty of high treason in levying troops to oppose the laws and

government of the State.... You will issue your warrant to apprehend the

said John Sevier, and in case he cannot be sufficiently secured for

trial in the District of Washington, order him to be committed to the

public gaol.

The judge's authority was to be exercised after he had examined the

"affidavits of credible persons." Campbell's judicial opinion seems to

have been that any affidavit against "the said John Sevier" could not be

made by a "credible person." He refused to issue the warrant. Tipton's

friend, Spencer, who had been North Carolina's judge of the Superior

Court in the West and who was sharing that honor now with Campbell,

issued the warrant and sent Tipton to make the arrest.

Sevier was at the Widow Brown's inn with some of his men when Tipton at

last came up with him. It was early morning. Tipton and his posse were

about to enter when the portly and dauntless widow, surmising their

errand, drew her chair into the doorway, plumped herself down in it, and

refused to budge for all the writs in North Carolina. Tipton blustered

and the widow rocked. The altercation awakened Sevier. He dressed

hurriedly and came down. As soon as he presented himself on the porch,

Tipton thrust his pistol against his body, evidently with intent to fire

if Sevier made signs of resistance. Sevier's furious followers were not

disposed to let him be taken without a fight, but he admonished them to

respect the law, and requested that they would inform Bonnie Kate of his

predicament. Then, debonair as ever, with perhaps a tinge of contempt at

the corners of his mouth, he held out his wrists for the manacles which

Tipton insisted on fastening upon them.

It was not likely that any jail in the western country could hold

Nolichucky Jack overnight. Tipton feared a riot; and it was decided to

send the prisoner for incarceration and trial to Morgantown in North

Carolina, just over the hills.

Tipton did not accompany the guards he sent with Sevier. It was stated

and commonly believed that he had given instructions of which the

honorable men among his friends were ignorant. When the party entered

the mountains, two of the guards were to lag behind with the prisoner,

till the others were out of sight on the twisting trail. Then one of the

two was to kill Sevier and assert that he had done it because Sevier had

attempted to escape. It fell out almost as planned, except that the

other guard warned Sevier of the fate in store for him and gave him a

chance to flee. In plunging down the mountain, Sevier's horse was

entangled in a thicket. The would-be murderer overtook him and fired;

but here again fate had interposed for her favorite. The ball had

dropped out of the assassin's pistol. So Sevier reached Morgantown in

safety and was deposited in care of the sheriff, who was doubtless

cautioned to take a good look at the prisoner and know him for a

dangerous and a daring man.

There is a story to the effect that, when Sevier was arraigned in the

courthouse at Morgantown and presently dashed through the door and away

on a racer that had been brought up by some of his friends, among those

who witnessed the proceedings was a young Ulster Scot named Andrew

Jackson; and that on this occasion these two men, later to become foes,

first saw each other. Jackson may have been in Morgantown at the time,

though this is disputed; but the rest of the tale is pure legend

invented by some one whose love of the spectacular led him far from the

facts. The facts are less theatrical but much more dramatic. Sevier was

not arraigned at all, for no court was sitting in Morgantown at the

time. ¹ The sheriff to whom he was delivered did not need to look twice

at him to know him for a daring man. He had served with him at King's

Mountain. He struck off his handcuffs and set him at liberty at once.

Perhaps he also notified General Charles McDowell at his home in Quaker

Meadows of the presence of a distinguished guest in Burke County, for

McDowell and his brother Joseph, another officer of militia, quickly

appeared and went on Sevier's bond. Nolichucky Jack was presently

holding a court of his own in the tavern, with North Carolina's men at

arms--as many as were within call--drinking his health. So his sons and

a company of his Wataugans found him, when they rode into Morgantown to

give evidence in his behalf--with their rifles. Since none now disputed

the way with him, Sevier turned homeward with his cavalcade, McDowell

and his men accompanying him as far as the pass in the hills.

¹ Statement by John Sevier, Junior, in the Draper MSS., quoted by

Turner, Life of General John Sevier, p. 182.

No further attempt was made to try John Sevier for treason, either west

or east of the mountains. In November, however, the Assembly passed the

Pardon Act, and thereby granted absolution to every one who had been

associated with the State of Franklin, except John Sevier. In a clause

said to have been introduced by Tipton, now a senator, or suggested by

him, John Sevier was debarred forever from "the enjoyment of any office

of profit or honor or trust in the State of North Carolina."

The overhill men in Greene County took due note of the Assembly's fiat

and at the next election sent Sevier to the North Carolina Senate.

Nolichucky Jack, whose demeanor was never so decorous as when the

ill-considered actions of those in authority had made him appear to have

circumvented the law, considerately waited outside until the House had

lifted the ban--which it did perforce and by a large majority, despite

Tipton's opposition--and then took his seat on the senatorial bench

beside his enemy. The records show that he was reinstated as Brigadier

General of the Western Counties and also appointed at the head of the

Committee on Indian Affairs.

Not only in the region about Watauga did the pioneers of Tennessee

endure the throes of danger and strife during these years. The little

settlements on the Cumberland, which were scattered over a short

distance of about twenty-five or thirty miles and had a frontier line of

two hundred miles, were terribly afflicted. Their nearest white

neighbors among the Kentucky settlers were one hundred and fifty miles

away; and through the cruelest years these could render no aid--could

not, indeed, hold their own stations. The Kentuckians, as we have seen,

were bottled up in Harrodsburg and Boonesborough; and, while the

northern Indians led by Girty and Dequindre darkened the Bloody Ground

anew, the Cumberlanders were making a desperate stand against the

Chickasaws and the Creeks. So terrible was their situation that panic

took hold on them, and they would have fled but for the influence of

Robertson. He may have put the question to them in the biblical words,

"Whither shall I flee?" For they were surrounded, and those who did

attempt to escape were "weighed on the path and made light." Robertson

knew that their only chance of survival was to stand their ground. The

greater risks he was willing to take in person, for it was he who made

trips to Boonesborough and Harrodsburg for a share of the powder and

lead which John Sevier was sending into Kentucky from time to time. In

the stress of conflict Robertson bore his full share of grief, for his

two elder sons and his brother fell. He himself was often near to death.

One day he was cut off in the fields and was shot in the foot as he ran,

yet he managed to reach shelter. There is a story that, in an attack

during one of his absences, the Indians forced the outer gate of the

fort and Mrs. Robertson went out of her cabin, firing, and let loose a

band of the savage dogs which the settlers kept for their protection,

and so drove out the invaders.

The Chickasaws were loyal to the treaty they had made with the British

in the early days of James Adair's association with them. They were

friends to England's friends and foes to her foes. While they resented

the new settlements made on land they considered theirs, they signed a

peace with Robertson at the conclusion of the War of Independence. They

kept their word with him as they had kept it with the British.

Furthermore, their chief, Opimingo or the Mountain Leader, gave

Robertson his assistance against the Creeks and the Choctaws and, in so

far as he understood its workings, informed him of the new Spanish and

French conspiracy, which we now come to consider. So once again the

Chickasaws were servants of destiny to the English-speaking race, for

again they drove the wedge of their honor into an Indian solidarity

welded with European gold.

Since it was generally believed at that date that the tribes were

instigated to war by the British and supplied by them with their

ammunition, savage inroads were expected to cease with the signing of

peace. But Indian warfare not only continued; it increased. In the last

two years of the Revolution, when the British were driven from the Back

Country of the Carolinas and could no longer reach the tribes with

consignments of firearms and powder, it should have been evident that

the Indians had other sources of supply and other allies, for they

lacked nothing which could aid them in their efforts to exterminate the

settlers of Tennessee.

Neither France nor Spain wished to see an English-speaking republic

based on ideals of democracy successfully established in America. Though

in the Revolutionary War, France was a close ally of the Americans and

Spain something more than a nominal one, the secret diplomacy of the

courts of the Bourbon cousins ill matched with their open professions.

Both cousins hated England. The American colonies, smarting under

injustice, had offered a field for their revenge. But hatred of England

was not the only reason why activities had been set afoot to increase

the discord which should finally separate the colonies from Great

Britain and leave the destiny of the colonies to be decided by the House

of Bourbon. Spain saw in the Americans, with their English modes of

thought, a menace to her authority in her own colonies on both the

northern and southern continents. This menace would not be stilled but

augmented if the colonies should be established as a republic. Such an

example might be too readily followed. Though France had, by a secret

treaty in 1762, made over to Spain the province of Louisiana, she was

not unmindful of the Bourbon motto, "He who attacks the Crown of one

attacks the other." And she saw her chance to deal a crippling blow at

England's prestige and commerce.

In 1764, the French Minister, Choiseul, had sent a secret agent, named

Pontleroy, to America to assist in making trouble and to watch for any

signs that might be turned to the advantage of les duex couronnes.

Evidently Pontleroy's reports were encouraging for, in 1768, Johann

Kalb--the same Kalb who fell at Camden in 1780--arrived in Philadelphia

to enlarge the good work. He was not only, like several of the foreign

officers in the War of Independence, a spy for his Government, but he

was also the special emissary of one Comte de Broglie who, after the

colonies had broken with the mother country, was to put himself at the

head of American affairs. This Broglie had been for years one of Louis

XV's chief agents in subterranean diplomacy, and it is not to be

supposed that he was going to attempt the stupendous task of controlling

America's destiny without substantial backing. Spain had been advised

meanwhile to rule her new Louisiana territory with great liberality--in

fact, to let it shine as a republic before the yearning eyes of the

oppressed Americans, so that the English colonists would arise and cast

off their fetters. Once the colonies had freed themselves from England's

protecting arm, it would be a simple matter for the Bourbons to gather

them in like so many little lost chicks from a rainy yard. The

intrigants of autocratic systems have never been able to understand that

the urge of the spirit of independence in men is not primarily to break

shackles but to stand alone and that the breaking of bonds is incidental

to the true demonstration of freedom. The Bourbons and their agents were

no more nor less blind to the great principle stirring the hearts of men

in their day than were the Prussianized hosts over a hundred years later

who, having themselves no acquaintance with the law of liberty, could

not foresee that half a world would rise in arms to maintain that law.

When the War of Independence had ended, the French Minister, Vergennes,

and the Spanish Minister, Floridablanca, secretly worked in unison to

prevent England's recognition of the new republic; and Floridablanca in

1782 even offered to assist England if she would make further efforts to

subdue her "rebel subjects." Both Latin powers had their own axes to

grind, and America was to tend the grindstone. France looked for

recovery of her old prestige in Europe and expected to supersede England

in commerce. She would do this, in the beginning, chiefly through

control of America and of America's commerce. Vergennes therefore sought

not only to dictate the final terms of peace but also to say what the

American commissioners should and should not demand. Of the latter

gentlemen he said that they possessed caractères peu maniables! In

writing to Luzerne, the French Ambassador in Philadelphia, on October

14, 1782, Vergennes said: "it behooves us to leave them [the American

commissioners] to their illusions, to do everything that can make them

fancy that we share them, and undertake only to defeat any attempts to

which those illusions might carry them if our coöperation is required."

Among these "illusions" were America's desires in regard to the

fisheries and to the western territory. Concerning the West, Vergennes

had written to Luzerne, as early as July 18, 1780: "At the moment when

the revolution broke out, the limits of the Thirteen States did not

reach the River [Mississippi] and it would be absurd for them to claim

the rights of England, a power whose rule they had abjured." By the

secret treaty with Spain, furthermore, France had agreed to continue the

war until Gibraltar should be taken, and--if the British should be

driven from Newfoundland--to share the fisheries only with Spain, and to

support Spain in demanding that the Thirteen States renounce all

territory west of the Alleghanies. The American States must by no means

achieve a genuine independence but must feel the need of sureties,

allies, and protection. ¹

¹ See John Jay, On the Peace Negotiations of 1782-1783 as Illustrated by

the Secret Correspondence of France and England, New York, 1888.

So intent was Vergennes on these aims that he sent a secret emissary to

England to further them there. This act of his perhaps gave the first

inkling to the English statesmen ² that American and French desires were

not identical and hastened England's recognition of American

independence and her agreement to American demands in regard to the

western territory. When, to his amazement, Vergennes learned that

England had acceded to all America's demands, he said that England had

"bought the peace" rather than made it. The policy of Vergennes in

regard to America was not unjustly pronounced by a later French

statesman "a vile speculation"

² "Your Lordship was well founded in your suspicion that the granting of

independence to America as a previous measure is a point which the

French have by no means at heart and perhaps are entirely averse from."

Letter from Fitzherbert to Grantham, September 3, 1782.

Through England's unexpected action, then, the Bourbon cousins had

forever lost their opportunity to dominate the young but spent and

war-weakened Republic, or to use America as a catspaw to snatch English

commerce for France. It was plain, too, that any frank move of the sort

would range the English alongside of their American kinsmen. Since

American Independence was an accomplished fact and therefore could no

longer be prevented, the present object of the Bourbon cousins was to

restrict it. The Appalachian Mountains should be the western limits of

the new nation. Therefore the settlements in Kentucky and Tennessee must

be broken up, or the settlers must be induced to secede from the Union

and raise the Spanish banner. The latter alternative was held to be

preferable. To bring it about the same methods were to be continued

which had been used prior to and during the war--namely, the use of

agents provocateurs to corrupt the ignorant and incite the lawless, the

instigation of Indian massacres to daunt the brave, and the distribution

of gold to buy the avaricious.

As her final and supreme means of coercion, Spain refused to America the

right of navigation on the Mississippi and so deprived the Westerners of

a market for their produce. The Northern States, having no immediate use

for the Mississippi, were willing to placate Spain by acknowledging her

monopoly of the great waterway. But Virginia and North Carolina were

determined that America should not, by congressional enactment,

surrender her "natural right"; and they cited the proposed legislation

as their reason for refusing to ratify the Constitution. "The act which

abandons it [the right of navigation] is an act of separation between

the eastern and western country," Jefferson realized at last. "An act of

separation"--that point had long been very clear to the Latin sachems of

the Mississippi Valley!

Bounded as they were on one side by the precipitous mountains and on the

other by the southward flow of the Mississippi and its tributary, the

Ohio, the trappers and growers of corn in Kentucky and western Tennessee

regarded New Orleans as their logical market, as the wide waters were

their natural route. If market and route were to be closed to them,

their commercial advancement was something less than a dream.

In 1785, Don Estevan Miró, a gentleman of artful and winning address,

became Governor of Louisiana and fountainhead of the propaganda. He

wrote benign and brotherly epistles to James Robertson of the Cumberland

and to His Excellency of Franklin, suggesting that to be of service to

them was his dearest aim in life; and at the same time he kept the

southern Indians continually on the warpath. When Robertson wrote to him

of the Creek and Cherokee depredations, with a hint that the Spanish

might have some responsibility in the matter, Miró replied by offering

the Cumberlander a safe home on Spanish territory with freedom of

religion and no taxes. He disclaimed stirring up the Indians. He had, in

fact, advised Mr. McGillivray, chief of the Creeks, to make peace. He

would try again what he could do with Mr. McGillivray. As to the

Cherokees, they resided in a very distant territory and he was not

acquainted with them; he might have added that he did not need to be:

his friend McGillivray was the potent personality among the Southern

tribes.

In Alexander McGillivray, Miró found a weapon fashioned to his hand. If

the Creek chieftain's figure might stand as the symbol of treachery, it

is none the less one of the most picturesque and pathetic in our early

annals. McGillivray, it will be remembered, was the son of Adair's

friend Lachlan McGillivray, the trader, and a Creek woman whose sire had

been a French officer. A brilliant and beautiful youth, he had given his

father a pride in him which is generally denied to the fathers of sons

with Indian blood in them. The Highland trader had spared nothing in his

son's education and had placed him, after his school days, in the

business office of the large trading establishment of which he himself

was a member. At about the age of seventeen Alexander had become a

chieftain in his mother's nation; and doubtless it is he who appears

shortly afterwards in the Colonial Records as the White Leader whose

influence is seen to have been at work for friendship between the

colonists and the tribes. When the Revolutionary War broke out, Lachlan

McGillivray, like many of the old traders who had served British

interests so long and so faithfully, held to the British cause. Georgia

confiscated all his property and Lachlan fled to Scotland. For this, his

son hated the people of Georgia with a perfect hatred. He remembered how

often his father's courage alone had stood between those same people and

the warlike Creeks. He could recall the few days in 1760 when Lachlan

and his fellow trader, Galphin, at the risk of their lives had braved

the Creek warriors--already painted for war and on the march--and so had

saved the settlements of the Back Country from extermination. He looked

upon the men of Georgia as an Indian regards those who forget either a

blood gift or a blood vengeance. And he embraced the whole American

nation in his hatred for their sakes.

In 1776 Alexander McGillivray was in his early thirties--the exact date

of his birth is uncertain. ¹ He had, we are told, the tall, sturdy, but

spare physique of the Gael, with a countenance of Indian color though

not of Indian cast. His overhanging brows made more striking his very

large and luminous dark eyes. He bore himself with great dignity; his

voice was soft, his manner gentle. He might have been supposed to be

some Latin courtier but for the barbaric display of his dress and his

ornaments. He possessed extraordinary personal magnetism, and his power

extended beyond the Creek nation to the Choctaws and Chickasaws and the

Southern Cherokees. He had long been wooed by the Louisiana authorities,

but there is no evidence that he had made alliance with them prior to

the Revolution.

¹ Probably about 1741 or 1742. Some writers give 1739 and others 1746.

His father landed in Charleston, Pickett (History of Alabama) says, in

1735, and was then only sixteen.

Early in the war he joined the British, received a colonel's commission,

and led his formidable Creeks against the people of Georgia. When the

British were driven from the Back Countries, McGillivray, in his British

uniform, went on with the war. When the British made peace, McGillivray

exchanged his British uniform for a Spanish one and went on with the

war. In later days, when he had forced Congress to pay him for his

father's confiscated property and had made peace, he wore the uniform of

an American Brigadier General; but he did not keep the peace, never

having intended to keep it. It was not until he had seen the Spanish

plots collapse and had realized that the Americans were to dominate the

land, that the White Leader ceased from war and urged the youths of his

tribe to adopt American civilization.

Spent from hate and wasted with dissipation, he retired at last to the

spot where Lachlan had set up his first Creek home. Here he lived his

few remaining days in a house which he built on the site of the old

ruined cabin about which still stood the little grove of apple trees his

father had planted. He died at the age of fifty of a fever contracted

while he was on a business errand in Pensacola. Among those who visited

him in his last years, one has left this description of him:

"Dissipation has sapped a constitution originally delicate and feeble.

He possesses an atticism of diction aided by a liberal education, a

great fund of wit and humor meliorated by a perfect good nature and

politeness." Set beside that kindly picture this rough etching by James

Robertson: "The biggest devil among them [the Spaniards] is the half

Spaniard, half Frenchman, half Scotchman and altogether Creek scoundrel,

McGillivray."

How indefatigably McGillivray did his work we know from the bloody

annals of the years which followed the British-American peace, when the

men of the Cumberland and of Franklin were on the defensive continually.

How cleverly Miró played his personal rôle we discover in the letters

addressed to him by Sevier and Robertson. These letters show that, as

far as words go at any rate, the founders of Tennessee were willing to

negotiate with Spain. In a letter dated September 12, 1788, Sevier

offered himself and his tottering State of Franklin to the Spanish King.

This offer may have been made to gain a respite, or it may have been

genuine. The situation in the Tennessee settlements was truly desperate,

for neither North Carolina nor Congress apparently cared in the least

what befell them or how soon. North Carolina indeed was in an anomalous

position, as she had not yet ratified the Federal Constitution. If

Franklin went out of existence and the territory which it included

became again part of North Carolina, Sevier knew that a large part of

the newly settled country would, under North Carolina's treaties, revert

to the Indians. That meant ruin to large numbers of those who had put

their faith in his star, or else it meant renewed conflict either with

the Indians or with the parent State. The probabilities aria that Sevier

hoped to play the Spaniards against the Easterners who, even while

denying the Westerners' contention that the mountains were a "natural"

barrier between them, were making of them a barrier of indifference. It

would seem so, because, although this was the very aim of all Miró's

activities so that, had he been assured of the sincerity of the offer,

he must have grasped at it, yet nothing definite was done. And Sevier

was presently informing Shelby, now in Kentucky, that there was a

Spanish plot afoot to seize the western country.

Miró had other agents besides McGillivray--who, by the way, was costing

Spain, for his own services and those of four tribes aggregating over

six thousand warriors, a sum of fifty-five thousand dollars a year.

McGillivray did very well as superintendent of massacres; but the

Spaniard required a different type of man, an American who enjoyed his

country's trust, to bring the larger plan to fruition. Miró found that

man in General James Wilkinson, lately of the Continental Army and now a

resident of Kentucky, which territory Wilkinson undertook to deliver to

Spain, for a price. In 1787 Wilkinson secretly took the oath of

allegiance to Spain and is listed in the files of the Spanish secret

service, appropriately, as "Number Thirteen." He was indeed the

thirteenth at table, the Judas at the feast. Somewhat under middle

height, Wilkinson was handsome, graceful, and remarkably magnetic. Of a

good, if rather impoverished, Maryland family, he was well educated and

widely read for the times. With a brilliant and versatile

intellectuality and ready gifts as a speaker, he swayed men easily. He

was a bold soldier and was endowed with physical courage, though when

engaged in personal contests he seldom exerted it--preferring the red

tongue of slander or the hired assassin's shot from behind cover. His

record fails to disclose one commendable trait. He was inordinately

avaricious, but love of money was not his whole motive force: he had a

spirit so jealous and malignant that he hated to the death another man's

good. He seemed to divine instantly wherein other men were weak and to

understand the speediest and best means of suborning them to his own

interests--or of destroying them.

Wilkinson was able to lure a number of Kentuckians into the separatist

movement. George Rogers Clark seriously disturbed the arch plotter by

seizing a Spanish trader's store wherewith to pay his soldiers, whom

Virginia had omitted to recompense. This act aroused the suspicions of

the Spanish, either as to Number Thirteen's perfect loyalty or as to his

ability to deliver the western country. In 1786, when Clark led two

thousand men against the Ohio Indians in his last and his only

unsuccessful campaign, Wilkinson had already settled himself near the

Falls (Louisville) and had looked about for mischief which he might do

for profit. Whether his influence had anything to do with what amounted

virtually to a mutiny among Clark's forces is not ascertainable; but,

for a disinterested onlooker, he was overswift to spread the news of

Clark's debacle and to declare gleefully that Clark's sun of military

glory had now forever set. It is also known that he later served other

generals treacherously in Indian expeditions and that he intrigued with

Mad Anthony Wayne's Kentucky troops against their commander.

Spain did not wish to see the Indians crushed; and Wilkinson himself

both hated and feared any other officer's prestige. How long he had been

in foreign pay we can only conjecture, for, several years before he

transplanted his activities to Kentucky, he had been one of a cabal

against Washington. Not only his ambitions but his nature must

inevitably have brought him to the death-battle with George Rogers

Clark. As a military leader, Clark had genius, and soldiering was his

passion. In nature, he was open, frank, and bold to make foes if he

scorned a man's way as ignoble or dishonest. Wilkinson suavely set about

scheming for Clark's ruin. His communication or memorial to the Virginia

Assembly--signed by himself and a number of his friends--villifying

Clark, ended Clark's chances for the commission in the Continental Army

which he craved. It was Wilkinson who made public an incriminating

letter which had Clark's signature attached and which Clark said he had

never seen. It is to be supposed that Number Thirteen was responsible

also for the malevolent anonymous letter accusing Clark of drunkenness

and scheming which, so strangely, found its way into the Calendar of

State Papers of Virginia. ¹ As a result, Clark was censured by Virginia.

Thereupon he petitioned for a Court of Inquiry, but this was not

granted. Wilkinson had to get rid of Clark; for if Clark, with his

military gifts and his power over men, had been elevated to a position

of command under the smile of the Government, there would have been

small opportunity for James Wilkinson to lead the Kentuckians and to

gather in Spanish gold. So the machinations of one of the vilest

traitors who ever sold his country were employed to bring about the

stultification and hence the downfall of a great servant.

¹ See Thomas M. Greene's The Spanish Conspiracy, p. 72, footnote. It is

possible that Wilkinson's intrigues provide data for a new biography of

Clark which may recast in some measure the accepted view of Clark at

this period.

Wilkinson's chief aids were the Irishmen, O'Fallon, Nolan, and Powers.

Through Nolan, he also vended Spanish secrets. He sold, indeed, whatever

and whomever he could get his price for. So clever was he that he

escaped detection, though he was obliged to remove some suspicions. He

succeeded Wayne as commander of the regular army in 1796. He was one of

the commissioners to receive Louisiana when the Purchase was arranged in

1803. He was still on the Spanish pay roll at that time. Wilkinson's

true record came to light only when the Spanish archives were opened to

investigators.

There were British agents also in the Old Southwest, for the

dissatisfaction of the Western men inspired in Englishmen the hope of

recovering the Mississippi Basin. Lord Dorchester, Governor of Canada,

wrote to the British Government that he had been approached by important

Westerners; but he received advice from England to move slowly. For

complicity in the British schemes, William Blount, who was first

territorial Governor of Tennessee and later a senator from that State,

was expelled from the Senate.

Surely there was never a more elaborate network of plots that came to

nothing! The concession to Americans in 1796 of the right of navigation

on the Mississippi brought an end to the scheming.

In the same year Tennessee was admitted to the Union, and John Sevier

was elected Governor. Sevier's popularity was undiminished, though there

were at this time some sixty thousand souls in Tennessee, many of whom

were late comers who had not known him in his heyday. His old power to

win men to him must have been as strong as ever, for it is recorded that

he had only to enter a political meeting--no matter whose--for the crowd

to cheer him and shout for him to "give them a talk."

This adulation of Sevier still annoyed a few men who had ambitions of

their own. Among these was Andrew Jackson, who had come to Jonesborough

in 1788, just after the collapse of the State of Franklin. He was

twenty-one at that time, and he is said to have entered Jonesborough

riding a fine racer and leading another, with a pack of hunting dogs

baying or nosing along after him. A court record dated May 12, 1788,

avers that "Andrew Jackson, Esq. came into Court and produced a licence

as an Attorney With A Certificate sufficiently Attested of his Taking

the Oath Necessary to said office and Was admitted to Practiss as an

Attorney in the County Courts." Jackson made no history in old Watauga

during that year. Next year he moved to Nashville, and one year later,

when the Superior Court was established (1790), he became prosecuting

attorney.

The feud between Jackson and Sevier began about the time that Tennessee

entered the Union. Jackson, then twenty-nine, was defeated for the post

of Major General of the Militia through the influence which Sevier

exercised against him, and it seems that Jackson never forgave this

opposition to his ambitions. By the close of Sevier's third term,

however, in 1802, when Archibald Roane became Governor, the post of

Major General was again vacant. Both Sevier and Jackson offered

themselves for it, and Jackson was elected by the deciding vote of the

Governor, the military vote having resulted in a tie. A strong current

of influence had now set in against Sevier and involved charges against

his honor. His old enemy Tipton was still active. The basis of the

charges was a file of papers from the entry-taker's office which a

friend of Tipton's had laid before the Governor, with an affidavit to

the effect that the papers were fraudulent. Both the Governor and

Jackson believed the charges. When we consider what system or lack of

system of land laws and land entries obtained in Watauga and such

primitive communities--when a patch of corn sealed a right and claims

were made by notching trees with tomahawks--we may imagine that a file

from the land office might appear easily enough to smirch a landholder's

integrity. The scandal was, of course, used in an attempt to ruin

Sevier's candidacy for a fourth term as Governor and to make certain

Roane's reëlection. To this end Jackson bent all his energies but

without success. Nolichucky Jack was elected, for the fourth time, as

Governor of Tennessee.

Not long after his inauguration, Sevier met Jackson in Knoxville, where

Jackson was holding court. The charges against Sevier were then being

made the subject of legislative investigation instituted by Tipton, and

Jackson had published a letter in the Knoxville Gazette supporting them.

At the sight of Jackson, Sevier flew into a rage, and a fiery

altercation ensued. The two men were only restrained from leaping on

each other by the intervention of friends. The next day Jackson sent

Sevier a challenge which Sevier accepted, but with the stipulation that

the duel take place outside the State. Jackson insisted on fighting in

Knoxville, where the insult had been offered. Sevier refused. "I have

some respect," he wrote, "for the laws of the State over which I have

the honor to preside, although you, a judge, appear to have none." No

duel followed; but, after some further billets-doux, Jackson published

Sevier as "a base coward and poltroon. He will basely insult but has not

the courage to repair the wound." Again they met, by accident, and

Jackson rushed upon Sevier with his cane. Sevier dismounted and drew his

pistol but made no move to fire. Jackson, thereupon, also drew his

weapon. Once more friends interfered. It is presumable that neither

really desired the duel. By killing Nolichucky Jack, Jackson would have

ended his own career in Tennessee--if Sevier's tribe of sons had not, by

a swifter means, ended it for him. At this date Jackson was thirty-six.

Sevier was fifty-eight; and he had seventeen children.

The charges against Sevier, though pressed with all the force that his

enemies could bring to bear, came to nothing. He remained the Governor

of Tennessee for another six years--the three terms in eight years

allowed by the constitution. In 1811 he was sent to Congress for the

second time, as he had represented the Territory there twenty years

earlier. He was returned again in 1813. At the conclusion of his term in

1815 he went into the Creek country as commissioner to determine the

Creek boundaries, and here, far from his Bonnie Kate and his tribe, he

died of fever at the age of seventy. His body was buried with full

military honors at Tuckabatchee, one of the Creek towns. In 1889,

Sevier's remains were removed to Knoxville and a high marble spire was

raised above them.

His Indian enemies forgave the chastisement he had inflicted on them and

honored him. In times of peace they would come to him frequently for

advice. And in his latter days, the chiefs would make state visits to

his home on the Nolichucky River. "John Sevier is a good man"--so

declared the Cherokee, Old Tassel, making himself the spokesman of

history.

Sevier had survived his old friend, co-founder with him of Watauga, by

one year. James Robertson had died in 1814 at the age of seventy-two,

among the Chickasaws, and his body, like that of his fellow pioneer, was

buried in an Indian town and lay there until 1825, when it was removed

to Nashville.

What of the red tribes who had fought these great pioneers for the wide

land of the Old Southwest and who in the end had received their dust and

treasured it with honor in the little soil remaining to them? Always the

new boundary lines drew closer in, and the red men's foothold narrowed

before the pushing tread of the whites. The day came soon when there was

no longer room for them in the land of their fathers. But far off across

the great river there was a land the white men did not covet yet.

Thither at last the tribes--Cherokee, Choctaw, Chickasaw, and

Creek--took their way. With wives and children, maids and youths, the

old and the young, with all their goods, their cattle and horses, in the

company of a regiment of American troops, they--like the white men who

had superseded them--turned westward. In their faces also was the red

color of the west, but not newly there. From the beginning of their

race, Destiny had painted them with the hue of the brief hour of the

dying sun.

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