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While Henderson was making his investigations
west of the mountains, news, coming in some way from the Cumberland
Settlement, reached Newbern, the temporary seat of the Carolina
government, that indicated his might prove to be a fools errand:
"The reports prevailing of the dismemberment of this State to the
westward, are entirely groundless." "The political fool (Sevier) was
restrained from the exertion of his own will," says the Newbern
correspondent of the South Carolina Gazette, under date of March
24th.1
On the return of the special representative from Jonesborough
disillusionment soon passed into pique, and Governor Martin issued a
call (April 7th) for a meeting of the council of state to advise on
the measures necessary in view of the declaration of independence
and formation of a state government in the West. As a result of the
council's session, Martin, under date of April 25th, published and
sent to the Western Country, a manifesto:
STATE OF NORTH-CAROLINA:
By His Excellency ALEXANDER MARTIN, Esquire, Governor,
Captain-General and Commander-in-Chief of the State aforesaid—
To the Inhabitants of the Counties of Washington,
Sullivan and Greene:
A MANIFESTO.
Whereas, I have received letters from
Brigadier-General Sevier, under the style and character of Governor,
and from Messrs. Landon Carter and William Cage, as Speakers of the
Senate and House of Commons of the State of Franklin, informing me
that they, with you, the inhabitants of part of the territory lately
ceded to Congress, had declared themselves independent of the State
of North- Carolina, and no longer consider themselves under the
sovereignty and jurisdiction of the same, stating their reason for
their separation and revolt—among which it alledged, that the
western country was ceded to Congress without their consent, by an
act of the legislature, and the same was repealed in the like
manner.
It is evident, from the journals of that Assembly, how far that
assertion is supported, which held up to public view the names of
those who voted on the different sides of that important question,
where is found a considerable number, if not a majority, of the
members—some of whom are leaders in the present revolt—then
representing the above counties, in support of that act they now
deem impolitic and pretend to reprobate—which, in all probability,
would not have passed but through their influence and assiduity—
whose passage at length was effected but by a small majority, and by
which a cession of the vacant territory was only made and obtained
with a power to the delegates to complete the same by grants, but
that government should still be supported, and that anarchy
prevented—which is now suggested—the western people were ready to
fall into. The sovereignty and jurisdiction of the state were, by
another act passed by the same assembly, reserved and asserted over
the ceded territory, with all the powers and authorities as full and
ample as before, until Congress should accept the same.
The last Assembly having learned what uneasiness and discontent the
Cession act had occasioned throughout the state, whose inhabitants
had not been previously consulted on that measure, in whom, by the
constitution, the soil and territorial rights of the state are
particularly vested, judging the said act impolitic at this time,
more especially as it would, for a small consideration, dismember
the state of one half of her territory, and in the end tear from her
a respectable body of her citizens, when no one state in the Union
had parted with any of their citizens, or given anything like an
equivalent to Congress but vacant lands of an equivocal and disputed
title and distant situation; and also considering that the said act,
by its tenor and purport, was revocable at any time before the
cession should have been completed by the delegates, who repealed it
by a great majority; at the same time, the Assembly, to convince the
people of the western country of their affection and attention to
their interest, attempted to render government as easy as possible
to them, by removing the only general inconvenience and grievance
they might labour under, for the want of a regular administration of
criminal justice, and a proper and immediate command of the militia;
a new district was erected, an assistant judge and a
brigadier-general were appointed.
Another reason for the revolt is assigned, that the Assembly on the
Cession act stopped a quantity of goods intended for the Cherokee
Indians, as a compensation for their claim to the western lands; and
that the Indians had committed hostilities, in consequence thereof.
The journals of the Assembly evince the contrary; that the said
goods were still to be given to the Indians, but under the
regulations of Congress, should the cession take place; which
occasioned the delay of not immediately sending them forward; of
which the Indians were immediately notified, and I am well informed
that no hostilities or mischiefs have been committed on this
account; but, on the other hand, that provocations have been, and
are daily given, their lands trespassed upon, and even one of their
chiefs has been lately murdered, with impunity.
On the repeal of the Cession act, a treaty was ordered to be held
with the Indians, and the goods distributed as soon as the season
would permit; which, before this, would have been carried into
effect, had not the face of affairs been changed.
Under what character, but truly disgraceful, could the State of
North-Carolina suffer treaties to be held with the Indians, and
other business transacted in a country, where her authority and
government were rejected and set at naught, her officers liable to
insult, void of assistance or protection.
The particular attention the legislature have paid to the interest
of the western citizens, though calculated to conciliate their
affection and esteem, has not been satisfactory, it seems: but the
same has been attributed to interest and lucrative designs. Whatever
designs the legislature entertained in the repeal of the said act,
they have made it appear that their wisdom considered that the
situation of our public accounts was somewhat changed since that
Assembly, and that the interest of the state should immediately be
consulted and attended to, that every citizen should reap the
advantage of the vacant territory, that the same should be reserved
for the payment of the public debts of the state, under such
regulations hereafter to be adopted; judging it ill-timed generosity
at this crisis, to be too liberal of the means that would so greatly
contribute to her honesty and justice.
But designs of a more dangerous nature and deeper die seem to glare
in the western revolt. The power usurped over the vacant territory,
the Union deriving no emolument from the same, not even the
proportional part intended the old states by the cession being
reserved, her jurisdiction and sovereignty over that country (which,
by the consent of its representatives, were still to remain and be
exercised) rejected and deposed; her public revenue in that part of
her government seized by the new authority, and not suffered to be
paid to the lawful Treasurer, but appropriated to different
purposes, as intended by the Legislature,—are all facts, evincing
that a restless ambition and a lawless thirst of power, have
inspired this enterprise, by which the persons concerned, therein,
may be precipitated into measures that may, at last, bring down
ruin, not only on themselves, but our country at large.
In order, therefore, to reclaim such citizens, who, by specious
pretences and the acts of designing men, have been seduced from
their allegiance, to restrain others from following their example
who are wavering, and to confirm the attachment and affection of
those who adhere to the old government, and whose fidelity hath not
yet been shaken, I have thought proper to issue this Manifesto,
hereby warning all persons concerned in the said revolt, that they
return to their duty and allegiance, and forbear paying any
obedience to any self-created power and authority unknown to the
constitution of the state, and not sanctified by the Legislature.
That they and you consider the consequences that may attend such a
dangerous and unwarrantable procedure; that far less causes have
deluged states and kingdoms with blood, which, at length, have
terminated their existence, either by subjecting them a prey to
foreign conquerors, or erecting in their room a despotism that has
bidden defiance to time to shake off;—the lowest state of misery,
human nature, under such a government, can be reduced to. That they
reflect there is a national pride in all kingdoms and states, that
inspires every subject and citizen with a degree of importance— the
grand cement and support of every government—which must not be
insulted. That the honour of this State has been particularly
wounded by seizing that by violence which, in time, no doubt, would
have been obtained by consent, when the terms of separation would
have been explained and stipulated, to the mutual satisfaction of
the mother and new state. That Congress, by the confederation,
cannot countenance such a separation, wherein the State of
,North-Carolina hath not given her full consent; and if an implied
or conditional one hath been given, the same hath been rescinded by
a full Legislature. Of her reasons for so doing they consider
themselves the only competent judges.
That by such rash and irregular conduct a precedent is formed for
every district, and even every county of the state, to claim the
right of separation and independency for any supposed grievance of
the inhabitants, as caprice, pride and ambition shall dictate, at
pleasure, thereby exhibiting to the world a melancholy instance of a
feeble or pusillanimous government, that is either unable or dares
not restrain the lawless designs of its citizens, which will give
ample cause of exultation to our late enemies, and raise their hopes
that they may hereafter gain, by the division among ourselves, that
dominion their tyranny and arms have lost, and could not maintain.
That you tarnish not the laurels you have so gloriously won at
King's Mountain and elsewhere, in supporting the freedom and n-
dependence of the United States, and this state in particular, to be
whose citizens were then your boast, in being concerned in a black
and traitorous revolt from that government in whose defense you have
so copiously bled, and which, by solemn oath, you are still bound to
support. Let not Vermont be held up as an example on this occasion.
Vermont, we are informed, had her claims for a separate government
at the first existence of the American war, and, as such, with the
other states, although not in the Union, hath exerted her powers
against the late common enemy.
That you be not insulted or led away with the pageantry of a mock
government without the essentials—the shadow without the
substance—which always dazzles weak minds, and which will, in its
present form and manner of existence, not only subject you to the
ridicule and contempt of the world, but rouse the indignation of the
other states in the Union at your obtruding yourselves as a power
among them without their consent. Consider what a num- ber of men of
different abilities will be wanting to fill the civil list of the
State of Franklin, and the expense necessary to support them
suitable to their various degrees of dignity, when the District of
Washington, with its present officers, might answer all the purposes
of a happy government until the period arrive when a separation
might take place to mutual advantage and satisfaction on an
honourable footing. The Legislature will shortly meet, before whom
the transactions of your leaders will be laid. Let your
representatives come forward and present every grievance in a
constitutional manner, that they may be redressed; and let your
terms of separation be proposed with decency, your proportion of the
public debts ascertained, the vacant territory appropriated to the
mutual benefit of both parties, in such manner and proportion as may
be just and reasonable; let your proposals be consistent with the
honour of the state to accede to, which, by your allegiance as good
citizens you cannot violate, and I make no doubt but her generosity,
in time, will meet your wishes.
But, on the contrary, should you be hurried on by blind ambition to
pursue your present unjustifiable measures, which may open afresh
the wounds of this late bleeding country, and plunge it again into
all the miseries of a civil war, which God avert, let the fatal
consequences be charged upon the authors. It is only time which can
reveal the event. I know with reluctance the state will be driven to
arms; it will be the last alternative to imbrue her hand in the
blood of her citizens; but if no other ways and means are found to
save her honour, and reclaim her head-strong, refractory citizens,
but this last sad expedient, her resources are not yet so exhausted
or her spirits damped; but she may take satisfaction for this great
injury received, regain her government over the revolted territory
or render it not worth possessing. But all these effects may be
prevented, at this time, by removing the causes, by those who have
revolted returning to their duty, and those who have stood firm,
still continue to support the government of this state, until the
consent of the legislature be fully and constitutionally had for a
separate sovereignty and jurisdiction. All which, by virtue of the
powers and authorities which your representatives and others of the
state at large have invested me with in General Assembly, I hereby
will command and require, as you will be liable to answer all the
pains and penalties that may ensue on the contrary.
Given under my hand and the Great Seal of the State, which I have
caused to be hereunto affixed, at Hillsborough, the twenty- fifth
day of April, in the year of our Lord 1785; and ninth year of the
Independence of the said State.
By His Excellency's command.
JAMES GLASGOW, Secretary.
On April 25th, also, Governor Martin issued a call for a special
session of the General Assembly in which he referred to "the revolt
of the inhabitants of the counties of Washington, Sullivan and
Greene" as one of the matters to be considered.
Henderson while in Franklin had felt out the situation to ascertain
what individuals would be likeliest to cooperate with the
authorities of the old State. John Tipton, of Washington county, was
without doubt reported by him to be one of these, for a copy of the
manifesto was hurried to Tipton, along with a letter of the
Governor, by a special messenger. Tipton replied on May 13th, saying
that he thought himself duty bound to obey the governor's commands,
"both from the zeal I bear to the old State and towards your
Excellency . . . I shall continue to discountenance the lawless
proceedings of my neighbors."2 It is difficult to
make this square with Tipton"s subsequent action in accepting
election to and taking part in the constitutional convention of
Franklin in November following, unless his appearance there was of
purpose to subvert the cause of Franklin.
Tipton sent copies of the manifesto to Evan
Shelby, of Sullivan, and to Joseph Hardin, of Greene. The latter
was, however, warmly attached to Sevier and the cause of
independence, and it is probable that the first news of the document
reached the governor of Franklin through him. Promptly—within two
days—after the manifesto reached Tipton, the governor of Franklin
countered in a concise but spirited proclamation:
State of Franklin
A PROCLAMATION.
WHEREAS, a manifesto is sent in and circulating
through this State, in order to create sedition and stir up
insurrection among the good citizens of this STATE, thinking thereby
to destroy that peace and tranquility that so greatly abounds among
the peaceful citizens of the new happy country.
And, notwithstanding that their own acts declare
to the world that they first invited us to the separation, if in
their power, would now bring down ruin and destruction on that part
of their late citizens, that the world well knows saved the State
out of the hands of the enemy, and saved her from impending ruin.
Notwithstanding we have the fullest confidence in
the true attachment and fidelity of the good citizens of this State,
I have thought it proper to issue this my Proclamation, strictly
enjoining and requiring all and every the good citizens of this
State, as they will answer the same at peril, to be obedient and
comformable to the laws thereof.
Witness, John Sevier, Esq., Governor, and Captain-General in and
over the said State, under his hand and seal of arms, in Washington,
this fifteenth day of May, one thousand seven hundred and
eighty-five, and in the first year of our Independency.
JOHN SEVIER.
GOD SAVE THE STATE!3
The issue was now joined; and, had Martin
succeeded himself as governor, it seems certain that the decision
would have been favorable to the State of Franklin. Martin's policy
would have taken color from his personal views which were derogatory
of the western folk and of any rights or equities they supposed
themselves to have had; and he would have had to combat an
opposition solidified thereby. He was succeeded in the executive
office by General and former Governor Richard Caswell, in the spring
of 1785. As has been observed, Caswell knew the West and its people
better than did Martin; he had their confidence, above any other
Eastern Carolinian, unless William Blount be excepted. To Caswell,
soon to come into power, Governor Sevier wrote even before he issued
the above proclamation:
| |
STATE OF FRANKLIN,
Washington County, 14th May, 1785. |
Sir: Governor Martin has lately sent up into our
country a Manifesto, together with letters to private persons, in
order to stir up sedition and insurrection, thinking, thereby, to
destroy that peace and tranquility, which have so greatly subsisted
among the peaceful citizens of this country.
First in the Manifesto, he charges us with a revolt from North-
Carolina, by declaring ourselves independent of that state.
Secondly, that designs of a more dangerous nature and deeper die
seem to glare in the western revolt, the power being usurped over
the western vacant territory, the Union deriving no emolument from
the same, not even the part intended for North-Carolina by the
cession, and that part of her revenue is seized by the new authority
and appropriated to different purposes than those intended by your
legislature.
His Excellency is pleased to mention that one reason we have
assigned for the revolt, as he terms it, is that the goods were
stopped from the Indians, that were to compensate them for the
western lands, and that the Indians had committed murders in
consequence thereof. He is also pleased to say that he is well
informed to the contrary, and that no hostilities have been
committed on that account; but on the other hand, provocations are
daily given the Indians, and one of their chiefs murdered with
impunity. In answer to the charge relative to what His Excellency is
pleased to call the revolt, I must beg leave to differ with him in
sentiment on that occasion; for your own acts declare to the world
that this country was ceded off to Congress, and one part of the
express condition was, that the same should be erected into one or
more states; and we believe that body was candid, and that they
fully believe a new state would tend to the mutual advantage of all
parties; that they were as well acquainted with our circumstances at
that time, as Governor Martin can be since, and that they did not
think a new government here would be led away by the pageantry of a
mock government without the essentials, and leave nothing among us
but a shadow, as represented by him.
But if Governor Martin is right in his suggestion, we can only say
that the Assembly of North-Carolina deceived us, and were urging us
on into total ruin, and laying a plan to destroy that part of her
citizens she so often frankly confessed saved the parent state from
ruin. But the people here, neither at that time nor the present,
having the most distant idea of any such intended deception, and at
the same time well knowing how pressingly Congress had requested a
cession to be made of the western territory ever since the 6th of
September and loth of October, in the year 1780—these several
circumstances, together with a real necessity to prevent anarchy,
promote our own happiness, and provide against the common enemy,
that always infest this part of the world, induced and compelled the
people here to act as they have done innocently: thinking, at the
same time, your acts tolerated them in the separation. Therefore, we
can by no means think it can be called a revolt or known by such a
name. As to the second charge, it is entirely groundless. We have by
no act, whatever, laid hold of one foot of the vacant land, neither
have we appropriated any of the same to any of our use or uses, but
intend everything of that nature for further deliberation, and to be
mutually settled according to the right and claim of each party.
As to that part of seizing the public money, it is groundless as the
former. For no authority among us, whatever, has laid hold of or
appropriated one farthing of the same to our uses in any shape
whatever, but the same is still in the hands of the sheriff and
collectors. And on the other hand, we have passed such laws as will
both compel and justify them in settling and paying up to the
respective claimants of the same; all which will appear in our acts,
which will be laid before you and fully evince to the reverse of
Governor Martin's charge in the Manifesto.
Very true, we suggest that the Indians have committed murders in
consequence of the delay of the goods. Nearly forty people have been
murdered since the Cession Bill passed, some of which lived in our
own counties, and the remainder on the Kentucky Path; and it is
evidently known to the Cherokees, and their frequent talks prove,
they are exasperated at getting nothing for their lands, and in all
probability had their goods been furnished, no hostilities would
have been committed.
The murder committed with impunity, alluding to Major Hubbard's
killing a half-breed, which Governor Martin calls a chief (but who
was never any such thing among the Indians). We can't pretend to say
what information His Excellency has received on this subject, more
than the others, or where from. This we know, that all the proof was
had against Hubbard that ever can be had, which is, the Indian first
struck, and then discharged his gun at Hubbard, before the Indian
was killed by Hubbard. As Governor Martin reprobates the measure in
so great a degree, I can't pretend to say what he might have done,
but must believe, that had any other person met with the same insult
from one of those bloody savages, who have so frequently murdered
the wives and children of the people of this country for many years
past, I say had they been possessed of that manly and soldierly
spirit that becomes an American, they must have acted like Hubbard.
I have now noticed to your Excellency the principal complaints in
the Manifesto, and such as I think is worth observation, and have
called forth such proofs as must evince fully the reverse of the
charge and complaints set forth.
The menaces made use of in the Manifesto will by no means intimidate
us. We mean to pursue our necessary measures, and with the fullest
confidence believe that your legislature, when truly informed of our
civil proceedings, will find no cause for resenting anything we have
done.
Most certain it is, that nothing has been transacted here out of any
disregard for the parent state, but we still entertain the same high
opinion and have the same regard and affection for her that ever we
had, and would be as ready to step forth in her defense as ever we
did, should need require it.
Also our acts and resolutions will evince to the world, that we have
paid all due respect to your state. First, in taking up and adopting
her constitution and then her laws, together with naming several new
counties and also an academy after some of the first men in your
state.
The repeal of the Cession act we cannot take notice of, as we had
declared our separation before the repeal. Therefore, we are bound
to support it with that manly firmness that becomes freemen.
Our Assembly sits again in August, at which time it is expected
commissioners will be appointed to adjust and consider on such
matters of moment as will be consistent with the honour and interest
of each party.
The disagreeable and sickly time of the year, together with the
great distance from Newbern, as also the short notice, puts it out
of the power of any person to attend from this quarter at this time.
Our agent is at Congress, and we daily expect information from that
quarter, respecting our present measures, and hope to be advised
thereon.
We are informed that Congress have communicated to your state
respecting the repeal of the Cession act. Be that as it may, I am
authorized to say nothing will be lacking in us, to forward
everything that will tend to the mutual benefit of each party and
conciliate all matters whatever.
Governor Caswell replied on June 17, 1785, in a tone less peremptory
than Governor Martin's:
| |
KINGSTON, N. C., 17th June, 1785. |
Sir:—Your favor of the 14th of last month, I had
the honour to receive by Colonel Avery.
In this, sir, you have stated the different charges mentioned in
Governor Martin's Manifesto, and answered them by giving what I
understand to be the sense of the people, and your own sentiments,
with respect to each charge, as well as the reasons which governed
in the measures he complained of.
I have not seen Governor Martin's Manifesto, nor have I derived so
full and explicit information from any quarter as this you have been
pleased to give me. As there was not an Assembly, owing to the
members not attending at Governor Martin's request, the sense of the
Legislature on this business, of course, could not be had, and as
you give me assurances of the peaceable disposition of the people,
and their wish to conduct themselves in the manner you mention, and
also to send persons to adjust, consider and conciliate matters, I
suppose, to the next Assembly, for the present, things must rest as
they are with respect to the subject matter of your letter, which
shall be laid before the next Assembly. In the meantime, let me
entreat you not, by any means, to consider this as giving
countenance, by the executive of the state, to any measures lately
pursued by the people to the westward of the mountains.
With regard to the goods intended, by the state, for the Indians as
a compensation for the lands, they, I believe, have been ready for
many months, at Washington, and if I can procure wagons to convey
them to the place destined, (the Long Island,) I mean to send them
there to be disposed of according to the original intention of the
Assembly, and will either attend myself or appoint commissioners to
treat with the Indians; but in this, you know, it is necessary that
whoever attends should be protected by the militia, and under the
present situation of affairs, it is possible my orders may not be
attended to in that particular; and however a man may submit to
these things in a private character, he may be answerable to the
people, at least they may judge it so, in a public situation.
Therefore, without your assurances of the officers and men under
your command being subject to my orders in this case, as matters
stand, I think it would be imprudent in me to come over or send
commissioners to treat with the Indians. Of this you will be pleased
to write me the first favourable opportunity. It is my wish to come
over myself, and if matters turn so that I can with convenience, it
is probable I may.
Governor Caswell in effect waived further action until the sense of
the Assembly might be obtained; and any opponents in Franklin of the
new government had little to encourage them to active obstruction in
the meanwhile. In all counties the authority of Franklin was
recognized and enforced, judicially and in respect to administrative
functions. Deeds and wills were probated and recorded by Franklin
officials,4 and all writs ran in the name of the State of Franklin,
shortly after the adjournment of the first session of the General
Assembly.
John Sevier, as commissioner of the Assembly of Franklin, proceeded
to exercise another attribute of sovereignty, as one inhering the
new State. He, accompanied by Outlaw, Hardin, Luke Bowyer and others
met a number of the chiefs of the Cherokees at the home of Major
Samuel Henry (May 31, 1785) and entered into a treaty for the
purpose of quieting the title to the tract of country lying south of
the French Broad river and north of the watershed which divided the
waters of Little river and Little Tennessee river (then called the
Tennessee). The treaty, so far as preserved, is as follows :5
At a treaty of amity and friendship begun and held with the
Cherokees at the mouth of Dumplin Creek on the French Broad river,
and continued by adjournment the 31st day of May, Anno Domini, 1785,
present, John Sevier, Commissioner; the King of the Cherokees; Ancoo,
chief of Chota; Abraham, Chief of Chilhowe; the Bard, head-warrior
of the Valley Towns; the Sturgeon, of Tallassee; the Leach, from
Settico; the Big Man Killer, from Tallassee; and nearly thirty more
warriors, &c., of the Cherokee Nation; together with Cherokee
Murphy, the half-breed Indian and linguister of the treaty.
Ancoo, chief of Chota, chosen speaker on the part of the Cherokees,
began and spoke as follows:
It is agreed by us, the warriors, chiefs and
representatives of the Cherokee Nation, that all the lands lying and
being on the south side of Holston and French Broad rivers, as far
south as the ridge that divides the waters of Little river from the
waters of Tennessee, may be peaceably inhabited and cultivated,
resided on, enjoyed and inhabited by our elder brothers, the white
people, from this time forward and always. And we do agree on our
part and in behalf of our Nation, that the white people shall never
be by us or any of our Nation, molested or interrupted, either in
their persons or property, in no wise, or in any manner or form
whatever, in consequence of their settling or inhabiting the said
territory, tract of land and country aforesaid, or any part of the
same whatever.
John Sevier, for and in behalf of the white
people, and for and in behalf of the State or government, or the
United States, as the case may hereafter be settled and concluded on
with respect to the jurisdiction and sovereignty over the said tract
or territory of land, agrees that there shall be a reasonable and
liberal compensation made the Cherokees for the lands they have
herein ceded and granted to the white people, and to the State or
States that may hereafter legally possess and enjoy the country
aforesaid, in good faith. That this bargain and engagement now made
and entered into between us, the white people and the Cherokees, may
never be broken, disannulled, or dissolved, in consequence of any
claim, right or sovereignty over the soil hereby mentioned and
described, as aforesaid.
Done in open treaty, the l0th of June, 1785.
| |
John Sevier,
The King,
Ancoo, chief of Chota,
And chiefs of the different towns. |
| Witnessed: |
|
Lew Boyer,
Alex. Outlaw,
Joshua Gist,
Ebenezer Alexander,
Jos. Hardin,
Charles Murphy, Ling't.
The engagements of the Indian chiefs are very
definite as compared with those of the representatives of the white
people. The Cherokees' hold on the particular territory was weak;
many white families had already settled on it, and this may account
in part for the vagueness of the covenanting on Sevier's part.6
"The governor, in a speech well calculated to produce the end he had
in view, deplored the sufferings of the white people; the blood
which the Indians spilt on the road leading to Kentucky; lamented
the uncivilized state of the Indians, and to prevent all future
animosities he suggested the propriety of fixing the bounds beyond
which those settlements should not be extended which had been
imprudently made on the south side of French Broad and Holston,
under the connivance of North Carolina, and could not be broken up;
and he pledged the faith of the State of Franklin, if those bounds
should be agreed upon and made known, the citizens of his State
should be effectually restrained from encroaching beyond it."7
The treaty was in fact negotiated with only one
faction of the Overhill Cherokees, who entered into it the more
readily in reliance upon its repudiation by the chiefs and warriors
of the towns not represented.
In a "talk" sent to the governor of North
Carolina after this treaty, Tassel, the beloved man of Chota,
complained of the treaty. He insisted that the Franklin authorities
only sought of the Cherokees "liberty for those that were then
living on the lands to remain there, till the head men of their
nation were consulted on it, which our young men8 agreed
to. Since then we are told that they claim all the lands on the
waters of Little river, and call it their ground."9 The
Tassel repeated the complaint of his people made at the treaty of
Hopewell in November, 1785, but expressed the Cherokees' willingness
to allow those who had settled in the fork of Holston and French
Broad rivers to remain there until Congress could pass on the
Cherokees' claim to the land.
As a result of the treaty of Dumplin Creek,
settlers in great numbers crossed the French Broad and occupied
lands. Many came from the Valley of Virginia, among them the Houston
family, relations of Rev. Samuel Houston and of General Sam Houston;
Samuel Wear, and Samuel Newell. The station of the last named became
the first seat of justice for Sevier county and he along with Wear
became a leader in the Franklin movement. Here, Ramsey says, was
"the nucleus of an excellent neighborhood of intelligent, worthy and
patriotic citizens. . . who diffused around them republicanism,
religion, intelligence and thrift."10 The settlements
gradually worked southward leading to the formation of the county of
Blount under Franklin authority.
The holding of the treaty was made the occasion
of rumors that the Franklin leaders contemplated an incorporation of
the Cherokees into the new State, getting an accession of territory,
and increasing the number of inhabitants in the borders of that
State to the number that was by the Ordinance of 1784 made a
requisite to her admission into the Union.
Alden says: "What was at the bottom of the report
we cannot say. We have it from at least three different sources,
letters dated May and June, 1785. Arthur Campbell wrote to Governor
Henry that Governor Sevier was then 'treating with the Cherokees
with a view to an incorporation.'11 A 'gentleman in
Washington' wrote that 'the executive of the State of Franklin has
lately concluded a treaty of amity and perpetual friendship with the
Cherokee Indians, and a negotiation is on foot to give that nation a
representation in the new legislature'."12 The
Maryland Gazette (October 11, 1785) published an "Extract of a
letter from Caswell county, in the State of Franklin," whose author
said: "A negotiation is on foot with the Cherokees, and the aim will
be to incorporate them and make them useful citizens. I dare say the
project will startle your rigid sectaries,—but you, we expect, will
be more liberal, when it manifestly appears that the interest of
humanity and of our new society will be promoted." No evidence
appears to show whether the Indians declined to be made useful
citizens in this way, or the Franklin leaders changed their minds
about it.13
The suggestion was probably advanced by one of
the young Presbyterian ministers, Balch or Houston, who were at the
time in Franklin and ambitious to try their hands at statecraft. It
is unlikely that Sevier, with his intimate knowledge of the
Cherokees, gave approval to the plan, if such it may be called, or
took any step in its furtherance. Houston wrote frequently for the
newspapers of the day, and the idea was almost certainly his, and
born of missionary zeal.
______________
1 The South Carolina Gazette of April 25th, 1785.
2 North Carolina Records, XXII, 648.
3 Pennsylvania Packet of August 9, 1785; South Carolina Gazette, of
August 8, 1785.
4 The first deed so registered in Washington county, was one from
Jesse Walton, of the State of Georgia, to James Taylor, of the State
of South Carolina conveying 200 acres "lying in Washington county in
the State of Franklin," May 2, 1785. Valentine Sevier and Nicholas
Hall were witnesses. In Greene county the first record was of date
June 25th, 1785, a marriage license, Anderson Walker to Letia
Wilson.
5 North Carolina State Records XXII, 649, et seq.
6 In a memorial to Congress from the inhabitants south of the French
Broad river (September, 1794) it was stated that as a result of this
treaty "The Indians received a compensation in clothing and other
articles for said lands" and, it is set forth, numbers of the
petitioners had settled on lands for which North Carolina had issued
warrants or grants. Ramsey, 631.
7 Ramsey, 299, quoting Haywood.
8 Old Abram's participation in the treaty evidences that this was
not the whole truth.
9 Ramsey, 319.
10 Ramsey, 369.
11 Cal. Va. St. Papers, IV , 32 (June 7, 1785). Campbell wrote that
the negotiation of the treaty of Dumplin Creek "was of a neighborly
and friendly kind." lb., 37.
12 Pennsylvania Packet, August 6, 1785.
13 Alden, "The State of Franklin," American Historical Review, VIII,
283. |