In May a convention was held at
Greeneville to consider the final
adoption of the Constitution promulgated
at that place on November 19, 1785. It
was resolved that that instrument should
be the Constitution of the State, "until
the people of said State are received
into the Federal Union; or a majority of
the freemen of the State of Franklin
shall otherwise direct." Several
amendments were proposed for
consideration by the people and their
ratification or rejection at the polls.
A search has not brought to view these
amendments; they probably were of minor
import.
Before the convention closed, Cocke
brought before the body a motion in
substance as follows: "In view of the
fact that Franklin's commissioners who
waited on the Assembly of North Carolina
last year were not attended to with that
respect due to commissioners; and,
notwithstanding the illegal manner in
which the members from the western
counties had been elected in the name of
North Carolina, yet they were permitted
to take their seats as legislators; and
as those members were mortal enemies to
our rising Republic, Whose citizens the
Assembly of North Carolina called their
western inhabitants, a separation was
thereby prevented. But as we find that
some individuals of the said Assembly
now warmly express themselves in favor
of a separation, upon condition that
Franklin would join North Carolina, and
send from Franklin members to take seats
in their Assembly to effect a
separation, such separation would
undoubtedly be granted. Therefore, the
holding of an election on the same day
appointed for the election for the State
of North Carolina would enable us to
send members to negotiate a separation,
and thus we could easily obtain our wish
without trouble or hazard."
Governor Caswell had held out to the
Franks the hope that the next Assembly
of his State might consent to a
separation, and Cocke's idea was that
that result would be the more likely if
tried friends of an independent
government in the West should hold seats
in that body and advocate the cause from
the floor.
A warm debate followed Cocke's brief
remarks in support of the motion, and
the substance of the speeches has been
preserved in a contemporaneous newspaper
report of the convention, though the
same escaped the research of our
historians.1 Interest is lent
to the debate by John Sevier's
participation. He was not given to
public speaking, and in likelihood this
is the only speech by him that has been
preserved in print. Fortunately, in
their remarks he and others adverted to
the history of the region and gave a
glimpse of its first settlement.
This, being the only account of a
Franklin parliamentary proceeding in
anything like detail, is given in full
and as reported.
The entire debate evinces the ability of
those who took part in it, and goes far
toward demonstrating that they were by
no means as rude as their surroundings.
The account is almost certainly Elholm's
and is as follows:
Col. Wear said, he did not approve of
the motion in any sense; that, besides,
the motion required the greatest
deliberation and more time for
consideration than what the House would
admit at present, and that we ought to
be exceedingly careful of our safety and
of the growing Commonwealth; and he
would therefore vote against it.
The Hon. Gen. Cocke observed that he
thought the plan not dangerous, but he
considered the motion as the only plan
whereby we might obtain our wishes
through a peaceful channel; and he
confessed that, from every observation
he had made as a commissioner who had
waited on the North Carolina Assembly,
he had every reason to believe that
numbers of individuals of their
legislative branches were warm for a
speedy separation and reconciliation
with us; and from those circumstances,
he thought it his duty to support the
motion in its present nature.
The Honorable George Elholm signified
his greatest amazement that a debate of
this nature should be carried on in this
assembly; that to take seats merely as
pretended friends of North Carolina, was
inconsistent with the character of a
people whose bravery in the field had
changed the most gloomy aspect to that
the most pleasing. They could not sit
like old women in council when their
rights and privileges were in question.
He wished of heaven that a few ancient
Roman senators might arise to teach this
council to claim their rights with a
spirit compatible with their martial
prowess; and, although North Carolina
refused to attend to the proposal of our
commissioners last session, she might
from a second thought receive them; and,
even if she should not with a due
respect, that so far from its proving
fatal, it could in his opinion but turn
out at worst an ill conveniency to the
State of Franklin, which in a short
period could not fail to vanish. He
wished, therefore, the motion might not
be carried.
The Honorable General Cocke was
astonished that prudence in this council
should be held out an odium, and not be
preferred to the method the honorable
gentleman who spoke last highly
recommends to this Assembly. He
recommended to consider how the interest
of North Carolina stood respectively
with the State of Franklin. You will
find that the latter adds to the former
an addition of charges annually to the
amount of upwards of 9,000 pounds. If
then you will admit North Carolina to
possess wisdom in her council, you must
also adjudge her as ripe to confirm a
separation as ourselves; and I have been
an eye-witness that several gentlemen in
that State by their conduct confess
themselves sensible of their errors; and
I am certain if any member from this
quarter will ask a separation, it will
be readily granted.
It is true that North Carolina would
catch at a straw last session in order
not to separate us; but now she has had
an opportunity of seeing her mistake;
and, therefore, will more readily
comply; for which reason I recommend the
mode held forth: to carry our own
friends in an election, which will
simply answer our purpose.
His Excellency, Governor Sevier, who had
been waited on by a committee for his
opinion, observed that it was well known
in general that North Carolina, in
compliance with a requisition made by
Congress in June, 1784, passed a cession
act, which gave us the privileges which
we now unhappily are obliged to contend
for. He then cited the clauses that give
those rights to the people of Franklin;
and further observed that, on the
fourteenth of July following, Mr.
Spaight, from North Carolina, laid the
act before the Committee of States under
the great seal of North Carolina State;
and, therefore, he was fully satisfied
that, after being thus received, the
virtue of the very act itself, deprived
North Carolina of the right they
presumed in repealing the said cession
act on the 20th of November following.
And that Congress is sensible that they
have complied with the requisition of
the said act is fully ascertained by
their frequent demands on North Carolina
to comply agreeable to the tenor of the
same. This cession act, therefore, he
said, cannot be compared to any common
statute, made only for the regulation of
their own internal police, which only
respects her own citizens; but it was no
sooner constitutionally passed than it
became a sacred charter for three
different powers, viz., the Congress,
the people of the State of Franklin, and
North Carolina. Of course it can never
be lawfully repealed without the consent
of the said three different powers. The
people of the West had not released
North Carolina from her sacred pledge of
an independent separation; and, what was
of more importance in regard to the
benefit of the Union, neither had the
United States relinquished their claim;
and he was highly prompted to believe
they never would; but, should such a
thing happen, it would then be time
enough for the people of Franklin to
consult as to what measures to pursue.
But as to the independency of Franklin,
it existed in full force undeniably. He
referred the Convention to take a view
of the Constitution of North Carolina,
where they would find a clause which
mentions that there may be a State or
States erected in the West, whenever the
legislature gives consent to the same.
Now for North Carolina to attempt to
insinuate that the said cession act had
not been constitutionally passed, and
that another is still wanting for that
purpose, can only serve to expose
themselves in a disadvantageous way to a
just and sensible world. He well
perceived that tools were set at work
among us, but he was sure that North
Carolina would stop rather than run the
risk of quarreling openly with the
United States; that the people of this
country have ever proved good, faithful
and powerful citizens to the interests
of the United States; and they only
contended now for the sacred rights and
privileges given them already. It was
his opinion, however he might be for
unanimity, that further application was
unnecessary, and that the act of cession
and the Constitution of North Carolina
were plenary proof of his assertions.
Col. Cage was of the opinion that if we
did not hold the sham election proposed
under the authority of North Carolina,
thereby to get friends to represent us
in that Assembly, we should never bring
about a reconciliation; and as a friend
to peace as well as a faithful friend to
the State of Franklin he heartily wished
that the motion now in question might be
carried; thus, with their own weapons we
should prove victorious over our enemy.
Col. Amis endeavored to support the same
very powerfully.
The Honorable George Elholm said that he
deemed it miraculous that men of
understanding should so largely differ
in reference to a plain and simple fact,
who were all staunch friends to Franklin
and patriots to freedom, and so closely
connected in the independence of their
country. It was plain that if we
suffered any of our friends to represent
us in the Assembly of North Carolina, by
choice of our citizens under any
pretence whatever, we had in fact made
void the cession act on our part, and of
course reverted insensibly to North
Carolina government. Good God of heaven,
how long shall the spirit of ill-timed
prudence prey upon us to diminish a
former conduct? Let us consider that the
esteem conferred on us is the fruit of
justice, generosity and our own
independent spirit; and if we fly those
virtues will we not deservedly sink into
disgrace? His Excellency has plainly
demonstrated that our government is
legal. Let us, therefore, avoid a
conduct for which we would have cursed
our fathers. We have spent our youth in
pursuit of liberty, and let us now in
our experienced days support our freedom
and leave it an inheritance to our
posterity. We have neither sumptuous
buildings nor towns that can serve to
damp our spirit if we are threatened
with an invasion; while our internal
riches, on the other hand, are
enchanting enough to convert any hostile
force sent among us into a real present
to strengthen our growing republic. We
have a line of conduct drawn before us
by the ablest politicians the world had
ever produced. If Franklin will pattern
them she will prosper. It has been
mentioned that North Carolina was as
ripe for separation as Franklin, but he
thought that argument was an insult to
the house; for separation was already
effected, which North Carolina
endeavored to annihilate. But the cry of
that State was, "join us, and then we
shall separate immediately." This is
another of a grosser nature. We should
have been perfect dupes, indeed, to
believe that gentlemen in North Carolina
who, it was well known, had ever
conducted themselves with every sense of
delicacy and honor in private life,
should indifferently expose themselves
in a public character, without an
expectation of making a second
separation a better bargain at the
expense of the people of Franklin.
Again, it has been observed that they
used our commissioners with every mark
of friendship and civility; but it is
well known that the same polite
gentlemen had suffered our public
officers, chosen by the voice of our
good citizens, to be loaded ungenerously
with insults in their legislature, with
impunity, by men who even violated the
laws of their State in taking their
seats;2 and this was a truth
too glaring to be denied. Franklin had
been constitutionally separated from the
government of North Carolina, in every
sense, as much as two nations merely in
alliance ought to be. Therefore, the
State of Franklin could not honorably
treat with North Carolina on any other
terms than what she could with any other
sister State in the Union; and that on
such footing he recommended Franklin to
send commissioners to endeavor to
negotiate peace between Franklin and
that State.
The Honorable General [Cocke] in the
manner he expressed the word odium,
seemed to intimate that an ungenerous
expression had been made use of. If the
cap fitted any, it could be but few; and
he was confident that the honorable
General, a gentleman of the law, who
knew how statutes must be interpreted,
must even confess it ungenerous to judge
of sayings in any other light than one
in which they were commonly understood;
and he hoped if an apology were
requisite, it would be sufficient to
confess that the expression arose from a
warmth occasioned by a surprise at the
nature of the debate. He was as much
disposed for peace as any other
gentleman present, and only differed
about a mode to procure it. This
assembly was entrusted with the welfare
and rights of about thirty thousand
souls, placed in a garden of Columbia,
protected by upwards of 9,000 free,
able-bodied citizens, and it was the
duty of every member to watch each
other's conduct with vigilance and in a
republican spirit as guardians at this
time for their constituents and a
free-born offspring.
The Honorable General Kennedy advised
the gentleman to withdraw his motion,
for he might easily perceive it would
not be carried; for it could not be
surmised that a plan of that nature
could be conducted to any advantage
whatsoever to the people of Franklin. A
scrutiny must condemn it. He noticed
that a few leading persons, of the small
inconsiderable faction of deluded
citizens on this side of the Appalachian
mountains, had joined North Carolina in
an endeavor to effect confusion and
anarchy in this State. They were, at our
first convention, friends to our new
Republic; and, it was well known, they
had changed their conduct merely through
a disappointed ambition; by which means
they became indefatigable political
tools for our enemies in North Carolina.
Those leaders, in violation of the laws
of that State, got themselves secretly
elected under a sham sanction of said
laws, last year; and the Assembly of
that State allowed them seats,
pretendedly believing those men to be
our representatives of what they styled
their "reverted western citizens," and
showed themselves careless to every
reason, and deaf to every conviction
displayed by the commissioners sent by
the General Assembly of Franklin.
Notwithstanding these illegal members
openly confessed that the opposition of
only three hundred Franks, commanded by
General Cocke, had obliged them to hold
their election secretly, yet North
Carolina received those persons
politically as members and protected
them as if they had been representatives
of the general voice of the western
citizens. This being premised, to
suppose then that the scheme now debated
in the House could prevent that party
from sending members to the North
Carolina Assembly would be truly
ridiculous. Besides, they were now
assisted by a late act in favor of
secret elections. Should we now, as a
convention of the State of Franklin,
through folly pass a resolve for our
citizens to hold a sham election, under
the sanction of North Carolina, in order
to chose our friends on the day
appointed to elect members of the
Assembly of that State? It would
certainly give the enemies to the
confirmation of separation straws enough
(to use the gentleman's own phrase) to
fire the government of Franklin with. As
they have not convinced us as yet that
they will not be as ready in the next
Assembly to catch at straws as they were
in the last, it would be a crime to
believe that it would not leave us, on
its vestiges, objects for the laughter
of the world. I will admit that we by
that means might carry friends to the
confirmation of our separation act; but
the opposite party, secretly at another
place, would surely do the same. What
then would be the consequence? North
Carolina would then receive the members
of that party, announce us as reverted
rebels, and have a plea to use us
accordingly. If North Carolina will not
receive commissioners from Franklin, it
should convince us that that State will
not negotiate a confirmation; persuade
us, in such a case, to rely on it that
justice will not let the State of
Franklin suffer because North Carolina
piqued up a difference with Congress and
refused to give her a deed for the
western land. Our steady and uniform
proceedings since the adjournment of the
North Carolina Assembly must have
convinced that State that the citizens
of Franklin are determined to live
independent of North Carolina.
Therefore, members from this quarter
could only ask what our conduct had
claimed and confirmed; when
commissioners, on the other hand, can
demand our privileges, and negotiate
peace to the honor of our State. But,
laying aside all those objections, the
measures proposed could never be
excusably executed, but to save a
government on the verge of destruction.
But as this is not our situation at
present, then, as a citizen of a brave
people who ever scorned duplicity, he
utterly condemned the motion, and agreed
fully with the gentlemen who would not
enter into negotiations with North
Carolina, on any other terms than with
other sister States in the Union.
His Excellency, the Governor, here
taking the floor again, produced an act
passed in the last General Assembly of
Franklin, which directed the executive
to make use of hostility, if nothing
else would do, to prevent elections
within the limits of the State of
Franklin under the authority of North
Carolina. Therefore, the tenor of the
motion now before the House would bring
the friends of independency under the
rigor of that act. It is extraordinary
that the conduct of the citizens who had
sent members here should uniformly
support the independency of Franklin,
and that those members should also
unanimously express themselves in favor
of supporting the same, and yet at the
same time blindly pursue a method which
could not fail to bring about reunion
with North Carolina. Let us suppose for
a moment that the scheme now in
agitation would answer the end supposed
by some among us, which it certainly
never would. It would in fact only alter
our condition from independency to
dependency, and ourselves from freemen
to servants, and the course would
disqualify us from every privilege above
mere favors. But let us suppose that it
would bring about a second separation as
apparently favorable to our Commonwealth
as the cession act. The quota of our
debt would then be laid proportionally
to the number of citizens we have now,
which is on a ratio as is four to one to
what they were at the time of our
separation. Of course in the midst of
our frugality we would be obliged to
bear part of the expense requisite to
support the extravagance and luxury of
North Carolina government, besides our
proportion to Congress for discharge of
the foreign Continental debt. Thus
situated, we are equally interested in
the character of the cession act with
the honorable Congress; and thereby
bound in honor to give it a mutual
support. Therefore, were we now to
revert, it would remove us from all
confidence due to a spirited power, to
wallow in disgrace forever. A concise
narrative of the settling of Franklin
would show that the first colony in the
country was settled by Virginians, about
fifteen years ago, and that a line
afterward run by Virginia and North
Carolina left a helpless number of
industrious citizens destitute of any
more protection than what their own
inconsiderable strength afforded them
against the outrageous warlike tribes of
Indians. That, in this situation of that
settlement, the British superintendents,
Cameron and Stuart, offered them
protection on condition that they would
transplant themselves further down
toward West Florida, which their
abhorrence of British tyranny at that
time made them refuse. Soon after, in
the year 1776, they applied to a
convention held at Halifax, North
Carolina, to become citizens of that
State, in order to prevent that they
might be thought inimical to the
Revolution, which would have added to
their distress. Their petition underwent
a high and long debate before it was
favorably received by North Carolina;3
and in that convention the clause was
inserted in the North Carolina
Constitution which makes the cession act
constitutional and. just. The people of
Franklin territory had paid large sums
of money for the greatest part of their
land before the Revolution of North
America took place. Besides this, the
settlers had held it by the sword, a
mode that has confirmed the most
powerful charters round the globe. Now
going on ten years, the savages laid
waste their buildings, carried off their
stock and other movable property, killed
and scalped several families and obliged
the rest to fly to the safety of forts
for the space of twelve months. In their
helpless condition, the Virginians had
proved their warmest supporters. He was,
therefore, fully satisfied that if the
matter were thoroughly discussed no
impartial judicial power would judge
North Carolina entitled to govern that
territory which nature had formed a
castle for a Commonwealth. Our enemies
would find to their sorrow that it is
garrisoned by brave, independent people
should they concern unjustly with the
western citizens, and we adhere to our
former virtue. But should this day
involve an offspring into slavery, it
would fall a heavy curse on our own
heads.
Colonel Doherty begged the House to
beware of a danger not yet noticed.
After the lower [seaboard] interest in
North Carolina had made an instrument of
the requisition of the United States to
curtail the frontier, and thereby
balance the scale of politics in favor
of the seaboard citizens, a company of
land speculators arose and formed a plan
to throw us into confusion wherewith to
prevail on us to revert to North
Carolina to give them an opportunity of
locating our land and improvements over
our heads.4 We must
countermine that danger or a few years
will bring a deluge of those speculators
on our territory, who will infest our
country with slavery that will be an
evil equal to the thraldom inflicted
formerly on the English by a swarm of
Norman barons. He recommended it to
every Frank, like men of spirit, to
guard against it.
Major Newell perfectly agreed with
Colonel Doherty, and added that we were
constitutionally placed in an
independent condition, and that we had
both the spirit and the power within
ourselves sufficient to support the
independency of our rising Republic; and
that as his sentiments on this were
already sufficiently expressed, he would
only mention that he could not agree to
any other mode of negotiation with North
Carolina than on terms claimed by any
other sister State; and he called for
the ayes and nays.
Colonel Barton agreed that Franklin had
sufficient strength within herself to
support independency, but he urged that
that strength ought to be nourished by
sound policy. He was not the least
apprehensive that the petition sent by
the small inimical party to North
Carolina for men, ammunition and arms to
subdue our infant Republic would meet
with success. For, laying aside the
Continentals of that State, and a few
counties besides which had joined with
patriotism and resolution in the last
war, North Carolina had not proved to be
very alert. He was certain that those
men would not now assist to enthral
those of their brethren who received and
protected the records of North Carolina
when Governor Caswell could raise only
about twenty-five men among themselves
to escort the records over the mountains
to Franklin.
He feared the plan in debate would tend
to check our government by confusing
weak minds, and therefore condemned it
utterly and recommended their uniform
conduct to be ardently pursued. It had
already brought Franklin respectable and
powerful friends and the applause of
justice.
Captain Chisholm was tired of the state
of administration in Franklin as it now
stands; and was, therefore, urgent for a
reconciliation; but he declared himself
incapable of pointing out the readiest
mode to obtain a better, and therefore
called for a decision of the house.
The Honorable General Cocke, next
speaking, said he found that the plan
was discovered and had, therefore, lost
its virtue; and he now condemned it as
useless. But he still believed it might,
undisclosed, have conducted peace
smoothly into our Commonwealth. His
argument in support of the motion had
been severely handled; not more so than
he knew it would suffer from undergoing
debate. But, in regard to duplicity, he
scorned it equally with any member on
the floor. No less despicable conduct
than that practiced by those
inconsiderable characters, attended to
by General Kennedy, could have made him
support such a scheme to counteract an
enemy.
The motion was withdrawn and another
agreed to: That Commissioners be
appointed to wait on the North Carolina
Assembly with instructions from the
General Assembly of Franklin to
negotiate peace with the State of North
Carolina consistent with the honor of,
and with justice to, those two States as
independent of each other.
It will be seen that, speaking broadly,
those who favored the plan of Cocke
represented the upper and longer-settled
counties, while those who opposed were
from the lower or frontier counties of
Franklin.
Governor Sevier communicated to General
Shelby a copy of the resolution that was
adopted, along with a friendly letter
which also sheds some light on the
failure of the Sevier-Shelby compromise
of March. Under date of May 3oth, Sevier
wrote:
I have the pleasure to enclose you a
copy of a resolve of our last convention
which will discover to you the friendly
disposition of the Franklin people
towards you, and evince to the world
that the wish for peace and unanimity in
the Western Country. Your letter by Mr.
Bowman, I have before me. I must inform
you that Parkinson5 refused to comply
with your orders. Informed Mr. Bowman
that had such orders been issued from
any of his superior officers of his own
county, that he would have obeyed them;
but that you have been much censured,
and he thought himself not bound to obey
you; therefore sold the guns for a
trifle. I wish you, once more, to quash
such rash proceedings, and to call them
to an account yourself for such conduct,
otherwise, however disagreeable it may
be to me, I shall be under the necessity
of doing it.
______________
1 Georgia State Gazette (Augusta) issues
of July 14th and 28th, 1787, in DeRenne
Library, "Wormsloe," Savannah, Ga. The
space given to the debate, in the few
columns devoted to news by the press of
that day, demonstrates the deep interest
of Georgians in the progress of events
in Franklin.
2 The reference here is to Tipton and
the other members from the western
counties in the 1786 Assembly.
3 Gov. Sevier was a delegate to the
Convention and Provincial Congress of
1776, and he speaks from personal
knowledge of the debates.
4 For justification of this charge, see
ante, p. 20 and post. p. 191. |
