The federal constitutional
convention adjourned September 17th. On
the same day, the fall session of the
Franklin Assembly opened at Greeneville.
Charles Robertson was speaker of the
senate, and John Menifee speaker of the
house of representatives.
It is probable that news of the action
touching the admission of new States,
taken at Philadelphia on August 3oth,
reached Franklin while the Assembly was
in session. How ominous it was could not
have been unappreciated, especially by
Cocke and Judge Campbell, men trained in
the law. Ramsey1 says that
the legislature of Franklin manifested a
strong tendency to dismemberment. From
some of the older counties there were no
representatives, while some of the
delegates from others exhibited
indecision. The legislation was confined
for the most part to unimportant
amendments of the laws of North Carolina
which had been adopted as the basis of
the system of jurisprudence of the
Commonwealth.
Governor Sevier was pledged to Georgia
to carry forward plans for a joint
campaign against the Creek Indians, but
it was now with difficulty that he
procured the passage of assenting and
enabling acts. Finally a bill was passed
for embodying troops and for their
descent by the waters of the Tennessee
river, in case of a call from Georgia,
but as the result of a compromise with
the more conservative element. "The quid
pro quo given to the dissentients was
the appointment of two delegates to
attend the legislature of North Carolina
to make such representations of the
affairs of Franklin as might be thought
proper." Under this final adjustment,
Judge Campbell and Landon Carter were
named to so serve.
A bid for Judge Campbell's return to his
allegiance to North Carolina had been
made by Governor Caswell in February,
1787,2 but he had not then
seen fit to accept the tendered
commission.
No doubt, Campbell had advised Sevier of
the predicament of Franklin consequent
on the action of the constitutional
convention; but at the time personal
animosities were rampant, particularly
between Sevier and Tipton. In a personal
encounter, the latter, "thanks to his
superior physical strength, did not come
off second best." This, in part,
accounts for Sevier's persistence in the
struggle against odds to establish a
State in the West.
Another, and a more cogent reason was,
that the settlers in the lower counties,
who were almost to the man standing
faithfully by him, would be abandoned to
the workings of Carolina's policy for
their removal from their homes, deemed
by that State to be on lands reserved
for the Cherokees. The same borderers of
the South had been his chief support in
the later campaigns against the Indians.
They had not deserted him, and they were
looking to him for succor. Could he
afford to abandon them? Sevier, always
loyal to his friends, determined that he
would not, and he held to his course.
Sevier now saw more than a ray of
sunshine coming out of Georgia, after
two long months of waiting. A letter
reached him from Governor Mathews saying
that at last the Assembly of his State
"are now fully persuaded that they never
can have a secure and lasting peace with
the Creek Indians till they are well
chastised and severely feel the effects
of the war. They have passed a law for
raising three thousand men for that
purpose, and have empowered the
Executive to call for fifteen hundred
men from Franklin. . . . The Bend of
Tennessee being allowed for your men, I
flatter myself, will give pleasure; and,
as the bounty is given for fighting our
common enemy, will be, I am persuaded,
thought generous and liberal."3
Georgia sent to Franklin, a young
officer of great force and capacity,
Lieutenant-Colonel George Handley,4
who was to act as commissioner on the
part of Georgia in the preparations for
hostilities then going forward.
Former Governor Telfair also wrote to
Sevier that Georgia had taken measures
that would "prove extremely beneficial
to Franklin, inasmuch as to evidence to
the Union that one of the members of it
has full confidence in the valor and
rectitude of the people and government
thereof. It is a crisis by which a young
people may rise in estimation, and it
will give tone to Franklin."5
Ramsey states that proffers were made to
Governor Sevier by the Chickasaw Indians
of assistance in the war against the
Creeks.
Martial ardor marks the following letter
(November 11th), from Elholm, to
Major-General Moultrie, from Augusta:
The savages are daily committing new
marks of cruelty on the inhabitants of
this State (shocking to humanity): the
other day they tortured a prisoner as
long as they could continue to give
pain, and then left the unfortunate
victim with a stake drove through his
bowels. Every possible preparation to
bring the Creeks to justice is made;
one-half of the militia immediately
ordered into the field; recruiting
officers industriously engaged in
raising four regiments, consisting of
750 men each, and, I am informed, with
great success. I have engaged
(authorized by my fellow citizens for
that purpose) to act in concert, with
1,500 Franks, with the movements of
Georgia, to be commanded by a general of
their own to the west of the mountains.
A commissioner is sent to the Spanish
government to request of that government
not to assist our common enemy with any
arms or ammunition.6Sevier
lost no time in sending a circular to
the military forces in Franklin, in
which he outlined the objects of the
campaign, the bounty offered, etc.7
This call to arms thrilled the
frontiersmen, particularly the younger
men of daring and enterprise. Volunteers
were recruited under the direction of
Colonel Handley and Major Elholm, and by
December 2nd a letter was forwarded,
announcing to Georgia readiness for the
campaign.
A chill followed this fever. Not until
February, 1788, did a reply come, and it
announced that the campaign had been
abandoned on account of the fact that
Congress had ordered three
commissioners, one of them from Georgia,
to hold a treaty with the Indians, "and
we now only suspend our operations till
their determinations are known."
The delay, and the suspension, which
proved to be a final one, defeated the
hopes of the militia and thwarted the
design of their leader.
In certain quarters the rumors of this
raising of troops in Franklin took the
color of preparations for hostilities
against the Spaniards—"to thrash those
perfidious Castilians into better
conduct toward the subjects of the
United States." So reported a
correspondent to the Maryland Journal.8
Pursuing a suggestion in one of Governor
Caswell's letters, the Franklin leaders
circulated a number of petitions to the
North Carolina Assembly for a
separation, in which were incorporated
portions of the recent memorial to
Congress and some of Caswell's own
arguments in favor of separation:
We hope that having settled west of the
Appalachian mountains ought not to
deprive us of the natural advantages
designed by the bountiful hand of
Providence for the convenience and
comfort of all those who have the
spirit and sagacity enough to seek after
them. When we reflect on our past
indefatigable struggles; both with the
savages and other enemies during the
late war, and the great difficulty we
had to obtain and withhold this country
from those enemies at the expense of the
lives and fortunes of many of our
dearest friends and relatives; and the
happy conclusion of peace having
arrived, North Carolina has derived
great advantages from our alertness in
taking and securing a country from which
she has been able to draw into her
treasury immense sums of money, and
thereby become able to pay off, if not
wholly, yet a great part and sink her
national debt. . . . We, therefore,
humbly conceive you will liberally think
that it will be nothing more than paying
a debt in full to us, only to grant,
what God, Nature, and our locality
entitle us to receive. Trusting that
your magnanimity and justice will not
consider it a crime in any people to
pray their just rights and privileges,
we call the world to testify our conduct
and exertions in behalf of American
Independency; and the same to whether we
ask more than free people ought to claim
agreeable to republican principles. . .
. Congress hath, from time to time,
explained their ideas so fully, and with
so much dignity and energy that if their
arguments and requisitions will not
produce conviction, we know of nothing
that will have a greater influence
especially when we recollect that the
system referred to is the result of the
collected wisdom of the United States;
and, should it not be considered as
perfect, must be esteemed the least
objectionable.
The text of this petition is carried
into the Appendix9 with the
signatures attached thereto. The
petition was presented to the senate of
North Carolina in December, 1787.10
The names of Andrew Jackson and
Archibald Roane appear alongside as
signers—evidently of that copy which was
circulated in Greene county. The two
men, so distinguished in state and
nation in after years, appeared for the
first time in the region in 1788.11
The explanation must be that, on so
arriving, their and other signatures
were procured and sent forward to be
attached, thus extending the petition
which should stand for use at some later
session of the North Carolina Assembly.
The name of Joseph McMinn is also
affixed. The fact that these ambitious
young men, two of whom were to become
governors of Tennessee and one president
of the United States, joined promptly in
the movement for separation argues
cogently that they found favoring
sentiment strong.
The Assembly of North Carolina met in
November. Governor Sevier named an
additional commissioner to attend and
make an effort to procure consent to
separation, hope of which Governor
Caswell had so frequently held out
earlier in the year. Francis A. Ramsey,
a member of the Council of the State,
and father of the historian, was
selected. He was authorized to propose
as an inducement to separation the
assumption by the State of Franklin of
the Continental debt of North Carolina.
The upper counties of Franklin were
represented by delegates; Sullivan
county by Col. Joseph Martin (senate)
John Scott and George Maxwell;
Washington county by Col. John Tipton
(senate) James Stuart and John Blair;
Greene county by Daniel Kennedy (senate)
and Judge David Campbell; Hawkins county
by Nathaniel Henderson (senate) and
William Marshall. General Kennedy
appears to have hesitated and delayed
his appearance in the senate until late
in the session. He and Martin from the
senate, and Judge Campbell and Maxwell
from the house of commons, served on a
committee appointed "for quieting the
tumults and disorders in the western
parts of this state." The act of pardon
and oblivion of the offenses of the
insurgents was extended to all who
wished to avail of it."12
Another request came from Congress to
this Assembly urging the cession of the
western lands.13 The petition
that came from the West for a separation
was disregarded.
Tipton was deprived of his seat as
senator, because of illegality in the
election; and that he felt the sting was
evident from the course he pursued in
sending in protests against other
proceedings that were intended to lure
back the separatists.14
The senate passed on the first reading,
by a vote of 23 to 22, an act to repeal
the repealing act of 1784, and the house
of commons did likewise. This would have
brought about a cession and separation.
Among the leaders of the senate opposing
this action was General Thomas Person.
General Kennedy, of Greene county, of
course supported it; but Colonel Joseph
Martin, of Sullivan county, voted
against it. Colonel James Robertson of
Davidson county, stood with the friends
of Franklin, though Colonel Anthony
Bledsoe of Sumner did not.15
The measure was defeated by being left
to sleep on the table---whether of
purpose from the outset will never be
known. But it is manifest that the
politicians from the Atlantic counties
were too much for those of the western
counties. It was no part of their
purpose to lose hold on the tempting
field. The representations made to the
Assembly by Burton, Blount and Hawkins,
the States delegates to Congress, had no
effect. In an address of the three to
that body, read by Benjamin Hawkins, it
was said: "The States which have ceded
western lands complain pointedly and
heavily against North Carolina for
claiming a part of the lands in
possession of Congress without ceding
any part of her claim."
A stinging protest against the course
pursued at this session was entered by a
man who had lived among the Wataugans
and was now residing in, and
representing one of the eastern counties
of North Carolina, William Tatham.
Opposing the action looking to
perfection of western tides and the
favoring of John Armstrong, entrytaker
for western lands, by giving him further
time for settling his accounts, Tatham
filed a written protest in which he
denounced the original opening of that
land office as an infringement of the
constitutional rights of the people; a
premeditated plan having been "laid
previous to the opening of said office"
to the end of monopolizing the lands;
and that the State had been much injured
by the speculation consequent thereon.
He referred to grants based on entries
of lands in the far-away country of the
friendly Chickasaws (now known as West
Tennessee) in these words:
"The indulgence granted Colonel
Armstrong will be productive of further
jealousies and discontents between the
white people and the Chickasaw Indians,
if not wars, aided or assisted by our
Catholic neighbors on the Mississippi;
because every future warrant from that
office or entries made on the same, will
be a further indulgence to our
speculators to encroach on the Chickasaw
Indians who have so gloriously boasted
their friendship for the white people;
and, instead of deserving the
ingratitude we have shown in trespassing
on their lands and taking their lands
away without their consent without cause
or provocation, have ever shown us an
example worthy of imitation, and a
specimen of magnanimity far above our
reach."
Tatham closed by inveighing against the
course determined upon as a
subordination of the public interest
"for the speculation of a junta of
individuals."16
He, better than any other member, was
able to speak from the vantage-ground of
knowledge of both the peoples of the
West and the East.
By this Assembly, Judge Campbell was
elected a judge of the superior court at
Jonesborough for the District of
Washington, which office he accepted.
His action was bitterly resented by his
former associates. Haywood quaintly says
that Colonel James White, the father of
Knoxville and an unyielding Franklinite,
"whose yea was yea, and nay was nay,
throughout his whole life, deemed the
acceptance of this office by Campbell an
unpardonable dereliction of duty.
Meeting Campbell on the road, as he
returned from Tarborough, he upbraided
the latter with a desertion of his
friends in very undisguised terms of
reprobation."
Campbell's action paralyzed the judicial
department of the infant Commonwealth of
which he had been the head. The courts
were to the people the most visible
manifestation of government. The
defection was as shard in the souls of
Sevier and those closest to him. Judge
Campbell's course was not disgraceful,
but it was both ungraceful and
ungracious.
The year 1787 closed, leaving Governor
Sevier distraught if not dismayed. Every
card dealt by Fate had been against him
and his State.
___________
1 Page 401.
2 N. C. St. Rec..XX. 617.
3 November nth. Ramsey, 395.
4 Handley became governor of Georgia at
the early age of 36 (1788). He came from
England in 1777; became a captain, and
soon reached the rank of
lieutenant-colonel in the Revolutionary
War.
5 Ramsey, 396.
6 Maryland Journal, of December 11th.
7 "28th November, 1787.
Major Elholm is just now returned from Georgia with
expresses from the governor of that
state, requiring an aid of fifteen
hundred men from the State of Franklin,
to co-operate with them against the
Creek Indians, under the following
conditions, to wit:
All that will serve one campaign, till a peace is made, shall
receive as follows:
A colonel, one thousand two hundred
acres; a lieutenant-colonel, one
thousand one hundred; a major, one
thousand; a captain, nine hundred;
first-lieutenant, eight hundred;
second-lieutenant, seven hundred and
fifty; non-commissioned officers, seven
hundred; privates, well armed and
accoutred, six hundred and forty.
Any general officer, called into the
service, to have the following
proportions--A major-general, fifteen
hundred acres; a brigadier general,
fourteen hundred acres.
The Bend of Tennessee is reserved for the troops of Franklin,
which is a desirable spot, and will be
of great importance to this state. We
are to have an additional bounty of
fifty acres on every one hundred acres,
in lieu of rations, and all other claims
against the State of Georgia, which
makes our proportion of lands amount to
half as much more as what is above
allotted. A private man's share, if he
finds himself, amounts to nine hundred
and sixty acres, and officer's in
proportion.
This great and liberal encouragement will, certainly, induce
numbers to turn out on the expedition,
which will not only be doing something
handsome for themselves, but they will
have the honour of assisting a very
generous and friendly sister state to
conquer and chastise an insolent and
barbarous savage nation of Indians.
I now request that you will, with the utmost despatch, cause
a general muster to be held in your
county, and endeavour to get as many
volunteers to enter into and engage in
the aforesaid service, and under the
above conditions, as in your power. You
may, also, encourage active persons to
turn out and recruit; and both yourself,
and those that may recruit, to transmit
to me, immediately after the general
muster, your numbers of recruited
volunteers. If I am spared, I think to
take the field once more, and wish we
may be able to march about Christmas, if
possible, for the sooner we march, the
sooner the people can return in time to
put in their spring crops.
I congratulate you, and every true friend, on the
success of our Commissioner in the State
of Georgia, and am happy to inform you
that our situation as a state is now
secure and on a permanent footing—much
occasioned by one of the members of the
Union, through her liberal and sisterly
affection, having taken us by the hand,
and noticing us as a people, of which
you will be convinced by the copies,
&c., accompanying this. The good people
in this country are under high
obligations to our trusty and worthy
Commissioner, Major Elholm, whose
acquaintance and abilities have enabled
him to accomplish for us most desirable
purposes.
I have not time to transcribe and send, for your's and
the people's perusal, a copy, in full,
of the Georgia act, respecting Franklin,
but hope the outlines, herein inserted,
will be satisfactory. I also recommend
that the recruiting officers might apply
and take a copy for the satisfaction of
those who may be inclined to enter into
the service.
The State of Georgia has appointed Col. Handley, a
respectable character in that state, to
attend the State of Franklin in
character of Commissioner. I expect him
in a few days, and shall be desirous of
giving him every information before his
return. I recommend the information
herein contained, through your
patronage, to the people, who, I hope,
after seeing the great notice and
respect shewn them by the State of
Georgia, in her application to us for
our assistance, and the high confidence
they place in the spirit and bravery of
the people here, that they will be
animated with the idea, that they are
now capable of evincing to the world
that, like a young officer who first
enters the field, they are competent,
from their bravery and merit, to make
themselves known and respected amongst
the nations of the world; and, though we
have not large cities and sea-ports,
which generally sink into wealth and,
luxury, by which means the offspring
dwindled into effeminacy and
dissipation, yet I hope, we shall always
remain as happy, free and independent as
any other people; If not, sure I am, it
will be our own fault, and we ought
never to be pitied."
8 Issue of Nov. 6th, 1787. It
may be that it was a part of the plan to
challenge and attack the Spaniards
should they give aid to the Creeks
despite the request made of them not to
do so: "By late advices from the State
of Franklin, we learn of their Assembly
being convened by a special call from
the Governor and Council. The principal
business of this meeting was to take
into consideration the hostile behavior
of his Catholic Majesty's subjects in
the Floridas and Louisiana toward the
good people of that State in particular,
and the Western States in general. It is
said that they have it from an undoubted
authority that many of their citizens
have been deprived of their lives,
liberties and properties, within the
jurisdiction of the United States, by
persons acting under the authority of
his Catholic Majesty's government; and
that although many remonstrances have
been made by them to his Catholic
Majesty's governors, and to Congress, to
remove those grievances, their just
demands have not been attended to. It is
added, that their Assembly, as the
fathers of the people, thinking it their
indispensable duty to put a stop to all
further depredations, have passed a law
which provides for a body of 1,500 men,
to be immediately enlisted as regular
troops, for three years, to be embodied
in one legion and to be commanded by a
general of experience. They are to be
joined by 500 men from the Cumberland
settlements. That they will be in
readiness to march this month, and mean
to thrash (by Divine Blessing) those
perfidious Castilians into better
conduct towards the subjects of the
United States; and that they received a
supply of arms and ammunition from
Charleston before the law was passed."
The chances are, however, that the information was sent
to the Journal from Virginia by one who
misconceived or exaggerated the
situation.
9 Appendix B.
10 N. C. St. Rec.,XXII, 714.
11 Jackson was admitted to
the bar at Jonesborough, May, 1788, and
to the bar at Greeneville, in August,
1788.
12 acts, 1787, ch. 27.
13 N. C. St. Rec , XX, 248,
276.
14 N. C. St. Rec., XX, 202,
279-80.
15 N. C. St. Rec., XX, 241.
16 N. C. St. Rec.,XX, 249.
For biographical sketch of Tatham, see
Williams, William Tatham,Wataugan. |
