CHAPTER III.

EARLY HISTORY--MOUNTAINEERS DISSATISFIED--AN INDEPENDENT

STATE--CONFLICT OF AUTHORITIES.

“Hail sacred Polity, by Freedom rear’d!

Hail sacred Freedom, when by Law restrain’d!

Without you what were man? A grovelling herd,

In darkness, wretchedness and want enchain’d.”

BEATTIE.

The early history of East Tennessee, like that of all frontier

regions of the United States in their westward march to wider empire,

has its romantic and thrilling incidents of war with savages. Those

may here be fitly omitted, but there is one episode in that history

that should be briefly told. For it throws light upon the character

of the first inhabitants, and so upon that, not only of their

descendants, but also of the newer population, which it is reasonable

to suppose has been more or less assimilated to the strong original

type.

The State of Frankland or Franklin, as it is differently called by

the two historians of Tennessee, Haywood and Ramsey, had a brief and

troubled life. Several causes co-operated to bring it into being.

One was the uncertain legislation of North Carolina concerning

its western lands, and its insufficient regard, apparent or real,

for the welfare of their inhabitants. A second cause lay in the

triumphant spirit of freedom and independence cherished by the

mountaineers when the war of the American Revolution was over, and

their quickness to assert natural rights in the face of presumed

governmental neglect.

The people of North Carolina west of the Alleghanies were in frequent

conflicts with the Indians, but there was a difference in opinion

as to the payment by the State of the expenses incurred. Mutual

jealousies arose between the eastern and western counties, followed

by contention.

At length in May, 1783, North Carolina ceded its western lands

to the United States, _provided_ that Congress should accept the

cession within two years: until such acceptance the sovereignty of

the State in the premises being reserved. The North Carolina Bill

of Rights contained provision for the formation of a new State from

that territory; and if its people, as they supposed, were to be left

during two years to depend upon themselves for their protection and

well-being, they considered it a propitious time to establish an

independent State Government. The necessities of their civil society

seemed to demand it, for the District of Washington was as yet

without a Superior Court, and there was no existing law authorizing

a call of the militia by its general to resist the Indians, whose

hostilities continued. In this emergency a convention of delegates

chosen by the people of Sullivan, Washington and Greene Counties,

was held at Jonesboro, August 23, 1784, and formed an Association.

It also declared the disadvantages to those counties from union

with others more numerous and powerful east of the mountains, and

the benefits they would derive from a separation. It provided for

a delegate and memorial to Congress, and for the detention of all

moneys collected by public officers “until some mode be adopted and

prescribed to have accounts fairly and properly liquidated with the

State of North Carolina.” The convention finally adjourned to meet

again at Jonesboro, which it did in December of the same year, but

before then the Legislature of North Carolina met and repealed the

Act ceding its western lands to the United States, organized the

counties established on those lands into a new District, for which

a Superior Court should be held in Washington County, and provided

for it judicial officers, formed the militia of the District into

a brigade and appointed Col. Sevier its general. These acts were

thought by that officer sufficient to redress the grievances of

the offended counties, and both by speech and letter he endeavored

to influence the electors to desist from further measures looking

to a separation from North Carolina, but shortly he was persuaded

to a different mind. The election of new delegates to a convention

was completed, and when assembled in December, it adopted a State

Constitution, subject to the will of its successor, to assemble in

November, 1785; and also ordered the election of a Legislature,

which should hold its first session early in the same year. The

Legislature, upon convening, elected John Sevier Governor, and other

State officials, and through the Speakers of its two Houses informed

Governor Martin of North Carolina that the inhabitants of Sullivan,

Washington and Greene Counties had declared themselves independent of

the authority and government of the parent State.

To this communication Governor Martin replied courteously but

firmly, and at length. He argued the fallacy or insufficiency of

the reasons given by the western people for their conduct. He

emphasized the facts, that the sovereignty of North Carolina over

the ceded territory had been reserved until Congress should accept

the gift, and that the Legislature had subsequently repealed the

Act of cession. He affirmed that the good will of the State to the

disaffected counties, had been shown by its recent ample provision

for the regular administration of justice and the authoritative use

of the militia. He denied that goods to compensate the Indians for

their lands had been stopped by the State on the way and that in

consequence murders had been committed by the savages. The goods, he

averred, had only been delayed, that should the cession be accepted

by Congress, they might go under its regulations. With some eloquence

of words he exhorted all loyal citizens of the western counties to

be firm in their adherence to the State he represented, and warned

all persons concerned in the revolt who “had probably been seduced

from their just allegiance by ambitious and designing men,” to refuse

obedience any longer to “the self-created power and authority

unknown to the Constitution of the State and unsanctioned by the

Legislature.” The lessons which history teaches concerning needless

revolutions were referred to by him, and the reflection advised that

“there is a national pride in all kingdoms and states which inspires

every citizen and subject with importance--the grand cement and

support of government which must not be insulted.” That insult he

felt had been inflicted by the western counties; “the honor of the

State had been especially wounded” in their “premature seizure by

violence of that independence which in time no doubt would have been

granted by consent.” And he besought them “not to tarnish the laurels

they had won at King’s Mountain in supporting the independence of the

United States, by supporting a black and traitorous revolt.”

The circulation of this document strengthened the wills of the

friends of North Carolina and increased their number among the

western people, but the majority in the new State were unmoved from

their previous purpose, and the work of governmental organization

went forward. Courts and Magistrates were appointed and new counties

formed. Salaries were allotted to State officials, to be paid in

current money of Frankland, (six shillings to the dollar) or in

specified articles received from the people in payment of taxes and

at like rates of value. These miscellaneous articles included “flax

and tow linen, woolen and cotton linsey, beaver, otter, raccoon, fox

and deer skins, bacon, tallow and bees-wax, rye whisky, peach and

apple brandy, home-made sugar and good tobacco.”

The inchoate State gave due attention to its relations with the

Indians, and conducted all its affairs without serious difficulty

until near the close of the year 1785. Before that time an attempt

was made in Washington County, Virginia, to use the privilege

accorded to its citizens by the original Association of western

counties, to join the new Commonwealth, but the movement was

speedily prevented by Patrick Henry, then Governor of Virginia. The

Convention of Frankland appointed to be held in November 1785, met

at Greeneville in that month, adopted a Constitution like that of

North Carolina, and sent a memorial to Congress by William Cocke,

Esq., which was fruitless. Five days later the Legislature of North

Carolina convened and passed an Act declarative of its desire

“to extend the blessings of civil government to citizens of the

western counties until such time as they might be separated with

advantage and convenience to themselves,” and “to hear and redress

their grievances.” It offered amnesty to all persons concerned in

establishing the State of Frankland who should renew their allegiance

to the State of North Carolina. It provided for an election of

members of the General Assembly next succeeding, to be held in the

revolted counties, and also appointed civil and military officers

for those counties, who should supersede like officers of the

State of Frankland. Ever since the repeal by North Carolina of the

Act ceding its western lands to the United States, there had been

opposition to the new State among its citizens. The two parties were

now brought into closer antagonism. Under the authority of both rival

governments, courts were held in the same counties, different laws

were enforced, taxes levied and the militia called into service. Of

course it followed that mutual animosities grew more intense, and

practical collisions were frequent. On several occasions armed men

of the respective parties visited rooms where courts were held by

their adversaries; violent seizures were made of public records,

and officers of the courts turned out of doors. In one instance the

papers of a Frankland clerk having been forcibly abducted by partisan

friends of the parent State, they were afterwards recaptured, and

their official owner, to secure their future safety, hid them in a

cave. These spoliations on both sides were more or less disastrous to

litigants and owners of real estate. They also excited contentious

followers of the two governments beyond self-control, and their

exasperated feelings found vent at public meetings in pugilistic

encounters. The combatants did not so far forget that they were

neighbors, as do men at this period of more advanced civilization,

and resort to the use of deadly weapons. They contented themselves

with fisticuffs as means of drawing blood.

Gen. John Sevier, Governor of Frankland, and Col. John Tipton,

Judge, by appointment of North Carolina, were universally recognized

as chief champions of the two State sovereignties that struggled for

the supremacy. Even they were once betrayed into a trial of personal

prowess after a primitive and comparatively harmless method. In

colloquy they were led into discussion upon the exciting questions

of the day and locality, then into an exchange of angry words, and

finally to engage in pommeling each other with clenched and ungloved

hands, without important results. The encounter, however, occurring

as it did early in the history of social alienations, served

hurtfully as an example that was abundantly imitated by members of

the chieftains’ families and by their adherents.

Col. Tipton, at the election in Washington County to the North

Carolina General Assembly, was elected Senator. At the same time

many of the people manifested the change wrought in their political

sentiments by enrolling their names, in token that they accepted the

amnesty offered by North Carolina in 1785, and returned to their

allegiance. It was evident that hostility to the revolution in

government had become strong enough within its own orbit of movement

to endanger the ultimate success of the new State. In 1786 disorder

prevailed in the disputed territory concerning ordinary revenues from

the people. For, on the plea of uncertainty as to the validity of

taxation by either government, no payment would be made to either;

and both governments feared to enforce collections from delinquents,

lest they might lose the taxpayers’ allegiance.

In November of the same year, the three western counties of Sullivan,

Washington and Greene had representatives in the North Carolina

Legislature. Not of their number, but on a special mission from those

counties, Wm. Cocke appeared before the North Carolina House of

Commons, and made a long and able speech on their behalf. He told how

the Act ceding them to the United States had led to their separation.

Left, as they then were, without any certain authority over or vested

in them, without means of defense against frequent attacks from

Indians, and with no protection or aid from any human power, they

were compelled by the necessities of the case to provide for their

own welfare and safety. To be sure, in the winter following the Act

of Cession, it was repealed by North Carolina, but the repeal found

them penniless and defenseless, with even more urgent reasons than

before to care for themselves. North Carolina sent them no help in

money or supplies, nor a single soldier, while their savage foes were

angered and threatening, because of the stoppage of goods for them

by the way. He represented the condition of the western people to be

one of distraction, suffering and poverty,--such as should move a

magnanimous State to banish its animosity, to bury the past with its

differences and errors, and to extend friendly sympathy and relief.

“If,” said he, “the mother should judge the expense of adhesion too

heavy to be borne, let us remain as we are and support ourselves by

our own exertions: if otherwise, let the means for the continuance of

our connection be supplied with the degree of liberality which will

demonstrate seriousness on the one hand and will secure affection on

the other.”

The address was well received by the House of Commons, and influenced

the General Assembly to a spirit of moderation in dealing with the

estranged counties. It proceeded to pardon all offenders who had

returned to their allegiance and restore them to civic rights; being

careful at the same time, by further legislation to maintain the

authority of the State and provide for the due administration of

justice under its laws. The effect of its temperate conduct was to

increase the number of its friends in the west.

The loyal mountaineers of Tennessee · 第 3 / 20 章