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.