There seems to have been a spring
session of the Franklin Assembly1
The Kentucke Gazette, of September 29,
1787, published a news item, bearing
date "New York, August 7" to the effect
that "the General Assembly of the State
of Franklin, at their last session, have
divided that State into two districts
and appointed Col. D. Kennedy
brigadier-general of Washington
District, and Col. Wm. Cocke
brigadier-general of Elholm District.
They have likewise appointed the
Honorable Win. Cocke and Wm. Nelson and
George Elholm, Esqrs., delegates to wait
on Congress for the purpose of being
admitted to the federal union. From the
frequent murders committed in Kentucky
and Cumberland on unwary travellers to
and from these countries by the Creek
and Chickamauga tribes of Indians, the
State of Franklin has lately resolved to
place a strong garrison at the mouth of
the Highawassee river, in order to give
a check to the future progress of such a
banditti of bloodhounds who make it
their business to live by their
predatory excursions, and likewise to
secure the great number of emigrants
that are daily settling on the frontiers
of Franklin."
Ramsey could find no trace (save the
bare name of one of them) of the
formation of Franklin into districts,
but gives a tradition, which was
erroneous in that it assigned Greene
county to Elholm District.2
The distribution of counties probably
was: To Washington District, Sullivan,
Washington, Wayne and Greene; and to
Elholm District, Caswell, Spencer,
Sevier and Blount. Elholm District was
named in honor of Major Elholm.
There was serious danger of Indian
hostilities, and provision was made by
the Assembly for the raising of a force
of four hundred men. A party of about
seventy-five from Lincoln county, in the
Kentucky District, under the command of
Col. John Logan, invaded the country of
the Chickamaugas, for the purpose of
destroying a small Indian town (Crow
Town) on the north side of the Tennessee
river, west of the Cumberland Mountains,
in punishment for depredations committed
by the Indians in the Kentucky country.
Col. Logan's troops met a band of
Cherokees, who were then in friendship
with the whites; and, mistaking them for
Chickamaugas, killed seven, among them a
chief belonging to Chota. Joseph Martin,
agent to the Cherokees, rushed to Chota
from Long Island of Holston, and found
the Cherokees in greater confusion than
he had ever before seen. About forty of
their warriors had already gone to make
war on the settlers of Cumberland and
Kentucky.3
Col. Arthur Campbell feared that
Southwest Virginia would be attacked,
and wrote a friendly "talk" to the
Cherokees, assuring them that the
Virginians east of the Cumberland
mountains were not to blame, and would
not molest the Cherokees unless provoked
by an attack, in which event it was
threatened that "we can send a great
many against you and destroy you
altogether."4
Martin reported that the Cherokees felt
deep resentment toward the settlers
south of the French Broad. As Martin
passed through the white settlements on
his way to Chota and spoke of Governor
Caswell's removal proclamation, the
settlers retorted that "they knew enough
to judge for themselves, and that they
should not ask North Carolina how they
were to be governed."5
Only fear of the prowess of the
Franklinites stayed the embittered
Cherokees from an attack on the frontier
settlements.
In March, a small delegation of Choctaw
and Chickasaw Indians stopped to visit
Governor Sevier and were entertained at
his Mount Pleasant home on the
Nolachucky river in Washington county.
They were on their way to New York to
lay before the Continental Congress the
state of their tribes, and to insist
upon an early compliance with a treaty
agreement to establish a trading post on
Tennessee river near Muscle Shoals6
so that the Choctaws and Chickasaws
might be more readily supplied with
merchandise. Toboka, a principal chief
of the Choctaws, headed the delegation,
which was conducted by Capt. John Wood,
who at one time had been continental
commissioner to the Choctaws.
Piomingo sent a talk in behalf of the
Chickasaws to Martin (February 17th) in
which he referred to the cession by his
nation of a tract of land for the
trading-post, and said:
"We have had nothing of goods since,
only what we got by way of the
Spaniards. This makes us very uneasy,
and it seems that you only meant to
jockey us out of our lands. The
Spaniards are often sending talks to us,
but we want to have nothing to say to
them if we can help it, but must have
trade from some place. . . Necessity
will oblige us to look to new friends if
we cannot get friends otherwise."7
The program laid down by the Assembly
brought the officers of the old State to
a consideration of the frightfulness of
an armed conflict. There can be no doubt
that at this time the friends of the new
State were in the majority and prepared
to put the issue to crucial test. Their
chosen leader, however, in some
unexplained way, was led into a grievous
error. Sevier had no stomach for
fratricidal warfare; he had it not in
his heart to resort to the shedding of
the blood of men, now in opposition,
whom he had led to victory time and
again in warfare with the Indians, if by
any peaceable means it could be avoided.
Shortly after the adjournment of the
Assembly, he was again approached and
asked to enter into conference with
General Evan Shelby; and he consented.
Shelby was a blunt, stern man,
sixty-seven years of age. He deserved
and had the confidence of the people of
the entire section. Ramsey says that "he
was remarkable for his probity, candor,
good sense, and patriotism." Sevier had
been induced by him to remove to the
Holston-Watauga country; and the younger
man had been, not unnaturally, disposed
to defer to Shelby's judgment. At any
rate, the older man out-witted him in
the formation of a modus vivendi. The
representatives of the two States met at
Samuel Smith's, in Sullivan county, and
entered into the following agreement:
Conference at Smith's
At a conference at the house of
Samuel Smith, Esquire, on the loth day
of March, 1787, between the Hon. Evan
Shelby, Esquire, and sundry officers of
the one part, and the Hon. John Sevier,
Esquire, and sundry officers on the
other part.
Whereas disputes have arisen concerning
the propriety and legality of the State
of Franklin, and the sovereignty and
jurisdiction of the State of North
Carolina over the said State and the
people residing there.
The contending parties, from the regard
they have for peace, tranquility and
good decorum, in the Western Country, do
agree and recommend as follows:
"First, that the courts of justice do
not proceed to transact any business in
their judicial departments, except the
trial of criminals. the proving of
wills, deeds, bills of sale, and such
like conveyances; the issuing of
attachments, writs and legal process, so
as to procure bail, but not to enter
into final determination of the suits
except the parties are mutually agreed
thereto.
"Secondly, that the inhabitants residing
within the limits of the disputed
territory are at full liberty and
discretion to pay their public taxes to
either the State of North Carolina or
the State of Franklin.
"Thirdly, that this agreement and
recommendation continue until the next
annual sitting of the General Assembly
of North Carolina, to be held in
November next, and not longer. It is
further agreed that if any person,
guilty of felony, be committed by any
North Carolina justice of the peace,
that such person or persons may and
shall be received by the Franklin
sheriff or jailer of Washington, and
proceeded against in the same manner as
if the same had been committed by and
from any such authority from under the
State of Franklin. It is also
recommended that the aforesaid people do
take such modes and regulations, and set
forth their grievances, if any they
have, and solicit North Carolina, at the
meeting of the next general assembly,
for to complete the separation, if
thought necessary by the people of the
Western Country, as to them may appear
most expedient, and give their members
and representatives such instructions as
thought to be most conducive to the
interest of our western world, by a
majority of same, either to be separate
from that of North Carolina, or be
citizens of the State of North Carolina.
"Signed and agreed on behalf of each
party, this day and year above written,
| |
"Evans Shelby
"John Sevier." |
Ramsey is mistaken when he states8
that "a temporary quiet succeeded this
compromise. . . Anywhere else, anarchy,
misrule, tumult and violence would have
followed." Tumult reigned, and violence
was scarcely held in leash. Other
Franklin leaders, Cocke among the
number, on learning of the truce,
declined to concur; and set about to put
Sevier in the straight path, while
others, such as Stockley Donelson, had
their ardor cooled. Only harm to the
cause dear to his heart came from this
action of Governor Sevier—particularly
in the decline of the morale of numerous
followers.
Six days after the conference, Colonel
Anthony Bledsoe, then on a visit to
General Shelby on his way from Carolina
to his home on the Cumberland, wrote to
Governor Caswell:
"Politics in this part of the country
run high. You hear in almost every
collection of people frequent
declarations, `Whorah for North
Carolina!' And others in the same manner
for the State of Franklin. . . God only
knows where this confusion will end. I
fear it ends in blood."9
Thomas Hutchings, who had just been
appointed colonel of the Hawkins county
militia, expressed the opinion to the
governor of North Carolina that it would
be difficult to prevent an effusion of
blood; and appealed for military aid:
"I think your excellency will readily
see the necessity for the interference
of government; and unless those people
are entitled to exclusive and separate
emoluments from the rest of the
community they ought certainly to be
quelled. If we are in our allegiance,
protection should be reciprocal. I
therefore give it as my opinion that it
is highly necessary that notice should
be taken of the conduct of these people,
as there are many plans and matters
agitated by them which seem to have a
tendency to dissolve even the federal
bands."10
A few days later, Hutchings in reporting
to General Shelby from Hawkins county
states that "Major Elholm advises
Cromwell's policy to be adopted; Mr.
Cocke is threatening confiscation and
banishment. Cocke's party is getting
very insolent, but success against his
boasted numbers is foreseen if they have
not assistance from Greene county.11
At the same time Shelby was sending out
a cry for help to Brigadier-General Wm.
Russell, of Southwest Virginia, saying
that North Carolina measures were being
treated with the utmost contempt.12
"The new-State party are now falling on
the civil officers of the government
with men at arms wresting their property
from them forcibly. . . I am not certain
that I may not be under the disagreeable
necessity of making a very speedy
application to you for assistance,
should troops from our State not arrive
in time to relieve us."13
To Governor Caswell, after a conference
at his home with Cols. Tipton, Maxwell
and Hutchings, Shelby wrote that the
safety of government was at hazard; that
the Franklinites were proceeding with
the greatest vigor imprisoning, and by
armed forces seizing the property of
those in opposition. "I have, therefore,
thought it expedient to call upon you
for your immediate assistance, having
the faith and honor of the legislature
of North Carolina pledged to us that we
shall remain secure in our liberties and
properties. The matter is truly
alarming, and it is beyond a doubt with
me that hostilities will in a short time
commence, and without the interference
of government without delay an effusion
of blood must take place.
I, therefore, think it highly necessary
that one thousand troops, at least, be
sent, as that number might have a good
effect, for should we have that number,
under the sanction of the government, it
is no doubt with me they would
immediately give way, and would not
appear in so unprovoked an insurrection.
On the contrary, should a faint and
feeble resistance be made the
consequences might be fatal, and would
tend to devastation, ruin and distress.
Should your Excellency think it
convenient to call on the Commonwealth
of Virginia, I have reason to believe it
might meet their aid, as they have four
counties nearly bordering on us, and
would be the most speedy assistance we
could come at in case your troops do not
reach us in time to relieve us. I think
it highly necessary that a quantity of
ammunition be forwarded to us as it is
very scarce in this country. . . Thus,
sir, you have the result of my
conference with the aforementioned
Colonels. . .
"Your Excellency will perceive that the
people of Franklin have not assented to
the agreement I entered into with their
governor for the preservation of peace
and good order in the country. Not many
men here are engaged in vindicating the
authority of North Carolina."14
These disclosures show that the
situation was acute and that the affairs
of the old State bordered on the
desperate.
Sevier now took a bolder tone. He seized
the opportunity to send a belated reply
to Governor Caswell's letter of February
23. As to the disappointing action of
the North Carolina Assembly, he said:
I had the fullest hopes and confidence
that the body would have either agreed
to a separation on honorable principles
and stipulations, or otherwise
endeavored to have reunited as upon such
terms as might have been lasting and
friendly, but I find myself and country
entirely deceived; and if your Assembly
have thought their measures would answer
such an end, they are equally
disappointed. But I firmly believe had
proper measures been adopted, a union,
in some measure or perhaps fully, would
have taken place. We shall continue to
act as independent, and would rather
suffer death in all its various and
frightful shapes than conform to
anything that is disgraceful."15
Governor Caswell brought General
Shelby's communication before the
council of state, specially summoned for
its consideration, and replied May 31st,
giving the results of their
deliberations, which, he frankly
premises, "may not answer your
expectations."
It was no part of Caswell's policy to
attempt a subjugation of the
separatists. He knew that his State was
in no condition to support an armed
conflict. He was for holding
consistently to his policy of
conciliation. He, therefore, wrote:
It would be very imprudent to add to the
dissatisfaction of the people there by
showing a wish to encourage the shedding
of blood, as thereby a civil war would
eventually be brought on, which ought at
all times to be avoided if possible, but
more especially at the present as we
have great reason to apprehend a general
Indian war, in which case there is no
doubt that they will meet with support
from the subjects of foreign powers; or
at least they will be furnished with
arms and ammunition. And if the western
and southern tribes should unite with
your neighbors you will stand in need of
all your force; and therefore recommend
unanimity amongst you, if by any means
it can be effected, as you will be
thereby much more able to defend
yourselves than you possibly can be when
divided, but also save the circumstances
of cutting each other's throats. Besides
this, it would be impracticable to raise
an armed force at this time, if we were
ever so much disposed thereto, for the
following reasons: the people in general
are now engaged in their farming
business, and if brought out would be
very reluctant to march; there is no
money in the treasury to defray the
expenses of such as might be called out;
nor in fact, have we arms or ammunition.
Under such circumstances it would be
madness to attempt it.
I must therefore recommend to you the
using every means in your power to
conciliate the minds of the people, as
well those who call themselves
Franklinites as the friends and
supporters of government. The measures
you took with Mr. Sevier and his party,
of which you first acquainted me, if
again they could be adopted, would be
best under the situation that things now
are. If things could lie dormant as it
were till the next Assembly, and each
man's mind be employed in considering
your common defense against the savage
enemy, I should suppose it best. And
whenever unanimity prevails among your
people and their strength and numbers
will justify an application for a
separation, if it is general, I have no
doubt of its taking place upon
reciprocal and friendly terms.16
Governor Caswell enclosed with the above
communication an "open letter" to the
inhabitants of the western counties, in
which he made the same arguments, and
urged that if disputes and confusion
lasted, private interests would suffer.
Is there an individual in your country
who does not look forward to such a day
[of separation] arriving? If that is the
case must not every thinking man believe
that this separation will be soonest and
most effectually obtained by unanimity?
. . . 'Tis my opinion that it may be
obtained at an earlier day than some
imagine, if unanimity prevailed amongst
you. Altho' this is an official letter,
you will readily see that it is dictated
by a friendly and pacific mind. . . I
will conclude by once more entreating
you to consider the dreadful calamities
and consequences of a civil war.
Humanity demanded this of me; your own
good sense will point out the propriety
of it. At least, let all animosities and
disputes subside till the next Assembly;
even let things remain as they are,
without pursuing compulsory measures
until then, and I flatter myself that
honorable body will be disposed to do
what is just and right and what sound
policy may dictate.17
Caswell a few weeks before had written
to Sevier, as one old friend to another,
in terms of assurance: "I cannot account
for the conduct of our Assembly at this
last session. I know that some of the
gentlemen's sentiments did not coincide
with my own, but still think if the
people on your side the mountains had
have been more unanimous, the measures
of separation would have been pursued. .
. . You may only rely upon it that my
sentiments are clearly in favor of a
separation whenever the people to be
separated think themselves of sufficient
strength and abilities to support a
government. My idea is, that nature, in
the formation of the hills between us
and directing the course of the waters
so differently, had not in view the
inhabitants on either side being longer
subject to the same laws and government.
. . I conclude by recommending unanimity
among you as the only means by which
your government can obtain energy even
when the separation is effected by
consent of North Carolina."18
The wisdom of Caswell's policy was
demonstrated by the event. A constantly
increasing number of the friends of
Franklin became persuaded that
separation would be consummated at the
next Assembly. Why not acquiesce in the
course suggested by such a fair man as
Governor Caswell? Had not Governor
Sevier himself shown that at heart he
was for conciliation when he signed the
conference agreement? True to human
nature, not a few of the Franks saw
personal advantage in the tax remission
granted by North Carolina. How could the
Franklin Commonwealth survive if her
Assembly should carry out in good faith
her pledge to release the taxes in the
years 1788 and 1789? Besides, the
thirteen original States had appointed
delegates to a convention which was to
assemble in May—the month when Governor
Caswell's proclamation was published in
Franklin—to remodel and strengthen the
federal government. Might not that body
in some way be induced to satisfy the
aspirations of the western peoples for
separate governments?
Fortunately for North Carolina's cause
her adherents were able to point to the
fact that Governor Caswell was sending a
troop of militia, commanded by Major
Thomas Evans, to aid the inhabitants of
the Cumberland counties, and that
Colonel Anthony Bledsoe was at that time
waiting in Sullivan county to pilot the
militia to Nashville. Here at last was a
manifestation of the strong arm of
government reaching across the
mountains!19
The drift of sentiment during the summer
of 1787 was in favor of the old State.
As the partisans of Franklin dropped
away the remnant became deeply resentful
of the defection and made no effort to
hide their umbrage. Recriminations and
factional bitterness resulted (save only
in the lower counties) which tended to
undermine the new Commonwealth.
____________
1 Governor Sevier to Governor
Mathews, August 3oth.
2 Ramsey, 376.
3 Martin to Governor
Randolph, March 16th and 25th, 1787,
Cal. Va. St. P., IV, 254, 261.
4 March 3rd, Ib. 249.
5 Ib., 250.
6 Treaty with the Chickasaws,
Hopewell, Jan. loth, 1786. 18 N. C. St.
Rec., 493; U. S. Stat. at Large. 24.
7 Cal. Va. St. Papers, IV ,
241, 287.
8 Ramsey, 359
9 March 26th, 1787. N. C. St.
Rec., XXII, 676.
10 April 1st. lb., 678.
11 N. C. St. Rec., XX, 680.
12 John Rhea (later a member
of Congress from Tennessee) who was at
the time county clerk of Shelby's own
county, wrote the same day to Caswell,
that "a majority, if not all the
justices had joined the new-made
government. . All the records of this
county have fallen into the hands of the
people of Franklin," Ib., 691.
13 April 27th. Cal. Va. St.
Papers, IV, 275. The North Carolina
delegates in Congress were now
undeceived: "I am sorry that the conduct
of the Franklinites is likely to involve
the western country in a civil war."
Spaight to Iredell, July 3rd, 1787.
McRee's Iredell, II, 162.
14 N. C. St. Rec. XXII, 680.
15 N. C. St. Rec. XXII, 679;
Ramsey, 362.
16 N. C. St. Rec., XXII, 687;
also Draper Coll. Shelby Mss.
17 N. C. St. Rec., XXII, 686.
18 N. C. St. Rec., XXII, 681;
Caswell to Sevier, April 24th, 1787.
19 Proof that the North
Carolina militia would not march to
subdue the Franklinites is furnished by
Maj. Evans who complained of "so many
officers declining to serve" in the
battalion for the defense of the
Cumberland Settlements. May 21st, 1787.
N. C. St. Rec., XX, 703. |
