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The general Assembly of Franklin convened for its
second session of the year 1785, on August 1st at Jonesborough. The
barest mention is made of this session by Haywood in connection with
the call for a constitutional convention at Greeneville in the month
of November following. However, some data is given by the North
Carolina State records and the newspapers of that time from which
the Assembly's proceedings may be partially outlined.1 It
was, perhaps, the first occasion afforded Governor Sevier for a
message, which must have treated of the Indian treaty of Dumplin
Creek and the new State's relations with North Carolina.
James White was speaker of the Senate, and R. Mitchell its clerk;
Stockley Donelson was speaker of the house of commons, and Francis
A. Ramsey its clerk.2
At this session, an act was passed for the encouragement of an
expedition down the Tennessee river to take possession of the Bend,
under titles derived from the State of Georgia.3
It was deemed advisable to give the authorities of North Carolina
assurance that public moneys found in the hands of fiscal agents of
that State would not be withheld for the use of the new government.
Accordingly it was
"Resolved, That where any sheriff or commissioner of confiscated
property, who has failed to settle with the State of North Carolina,
or who has acted under their authority and received their
appointments from that State, and failed to account for collections
they have made, or ought to have made, that the bonds of all such
delinquents shall be given up to the order of the State of North
Carolina to be recovered according to law.
"Be it further, Resolved, That a commissioner be appointed to wait
upon the General Assembly of the State of North Carolina, in order
to convince them that it is our desire to establish a lasting and
permanent union as well with North Carolina as the rest of the
States on the continent; and to remove any doubts that may arise in
that State respecting the goodness of our wishes towards them on the
subject of our separation, and to assure them we are determined to
pay most strict observance to the true intent and meaning of the act
of cession passed Second day of June, 1784.4
Thomas Stewart was chosen as commissioner and he attended the winter
session of the North Carolina Assembly. He delivered a copy of the
resolutions to Governor Caswell, who on December 21st sent them to
the senate and house with a message saying that Stewart was waiting
on the Assembly for the purpose of giving it full information on the
subject-matter of the resolutions.5 The visit of the
commissioner was unavailing. The only steps taken by the legislature
was the passage of an act to pardon the inhabitants of refractory
counties, for all things done in setting up an independent
government. In the same act it was recited that in some of those
counties the freemen might be defeated in a desire to be represented
in the Assembly of North Carolina should elections be held according
to law, and it was provided that it should be lawful for freemen
convened on election day to choose by ballot members to represent
them in Assembly, under the inspection of three good and honest men.6
This was intended to be an entering wedge, driven for the disruption
of the people west of the mountains; and it could not fail to arouse
deep resentment on the part of those who were faithful to the common
pact for independence.
A new Franklin county, by the name of Blount, in honor of a
consistent friend of the western inhabitants, William Blount, is
mentioned as being in existence south of the French Broad river in
this year.7 It is unlikely, however, that a
government for the new county was perfected at that time.
The Franklin Assembly reaffirmed the call for a convention to be
held at Greeneville the second Monday in November, "for the ex-press
purpose of adopting the then existing frame of government or
altering it as the people may see proper—to conform to the act of
Congress of April 23, 1784." The following number of delegates from
the several counties of the State, it was declared, should form the
convention, the election to be held on the second Monday in October:
Washington, fifteen; Sullivan, twelve; Greene, twelve; Caswell,
eight, Sevier, six, Spencer, five,. Wayne, four, Blount, two.8
This representation was thought to have been in accord with the
existing population of the counties. There was a great flow of
settlers to Franklin and westward in 1785. A letter from Nashville
(November 5, 1785) stated that "not less than one thousand families
have crossed the Appalachian mountains to settle here and in
Kentucky this fall."9
The members of the Assembly on
adjournment disbanded sanguine that
North Carolina would acquiesce in the separation. "We have now the
most friendly assurances from North Carolina since Governor Martin's
administration has expired. . . Why does [Virginia] seem so much out
of humor at these events? Did it not originate with them, the plan
of having new States t 5o miles square? Was it not a celebrated
genius of yours, when a delegate in Congress, who drew up the scheme
last year for ten new States, and a system adopted, as matters
arrived at maturity, to lay off the remaining part of the Western
Country with similar jurisdictions."10
Joseph Martin, however, reported (September 19) to the governor of
Virginia that "the people of the new State are much divided. Several
of their members refused at their last Assembly to take seats",11
though in a letter of the same date, to Governor Caswell, of North
Carolina, he made no such claim, doubtless being dubious respecting
Caswell's attitude toward Sevier and his followers.12 In
his letter to Governor Patrick Henry, Martin gave information that
the Great Warrior of the Cherokees, Oconostota, had passed away in
the summer of 1785; and that great confusion in the nation resulted
from the rapid encroachment of the whites on the Indians' lands.13
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1 A few acts, now irretrievably lost, were passed. South
Carolina State Gazette, of October 21, 1785.
2 North Carolina State Records, XXII, 714, 727.
3 Ramsey, 318.
4 N. C. State Records, XXII. Governor Sevier gave notice
in advance of the sending of a commissioner to wait on the North
Carolina Assembly, in a letter to Gover-nor Caswell of date October
17. Ramsey, 317.
5 Ib.
6 N. C. State Rec., XXIII, ch. 46 (Dec. 29, 1785).
7 Pennsylvania Packet, January 5, 1786.
8 Pennsylvania Packet, Feb. 17, 1786.
9 "Extract from a letter of a gentleman in Franklin to
his friend in Virginia, dated August 17, 1785." Pennsylvania Packet,
September 3o, 1785.
10 Cal. Va. State Papers, IV, 53
11 Ramsey, 318.
12 North Carolina St. Rec., XVIII, 591. |
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