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.