The Winning of the West Volume III Part 8

North Carolina Indifferent to Her Western Settlements.

North Carolina herself was at first quite as anxious to get rid of the frontiersmen as they were to go. Not only was the central authority much weaker than in Virginia, but the people were less proud of their State and less jealously anxious to see it grow in power and influence. The over-mountain settlers had increased in numbers so rapidly that four counties had been erected for them; one, Davidson, taking in the c.u.mberland district, and the other three, Was.h.i.+ngton, Sullivan, and Greene, including what is now eastern Tennessee. All these counties sent representatives to the North Carolina legislature, at Hillsborough; but they found that body little disposed to consider the needs of the remote western colonists.

The State was very poor, and regarded the western settlements as mere burdensome sources of expense. In the innumerable Indian wars debts were contracted by the little pioneer communities with the faith that the State would pay them; but the payment was made grudgingly or not at all, and no measures were taken to provide for the protection of the frontier in the future. No provisions were made for the extension of the jurisdiction of the State courts over the western counties, and they became a refuge for outlaws, who could be dealt with only as the Indians were--that is, by the settlers acting on their own initiative, without the sanction of law. In short the settlers were left to themselves, to work out their own salvation as they best might, in peace or war; and as they bore most of the burdens of independence, they began to long for the privileges.

North Carolina Cedes the West to Congress.

In June, 1784, the State Legislature pa.s.sed an act ceding to the Continental Congress all the western lauds, that is, all of what is now Tennessee. It was provided that the sovereignty of North Carolina over the ceded lands should continue in full effect until the United States accepted the gift; and that the act should lapse and become void unless Congress accepted within two years. [Footnote: Ramsey, 283. He is the best authority for the history of the curious state of Franklin.]

The western members were present and voted in favor of the cession, and immediately afterwards they returned to their homes and told the frontier people what had been done. There was a general feeling that some step should be taken forthwith to prevent the whole district from lapsing into anarchy. The frontiersmen did not believe that Congress, hampered as it was and powerless to undertake new responsibilities, could accept the gift until the two years were nearly gone; and meanwhile North Carolina would in all likelihood pay them little heed, so that they would be left a prey to the Indians without and to their own wrongdoers within. It was inc.u.mbent on them to organize for their own defence and preservation. The three counties on the upper Tennessee proceeded to take measures accordingly. The c.u.mberland people, however, took no part in the movement, and showed hardly any interest in it; for they felt as alien to the men of the Holston valley as to those of North Carolina proper, and watched the conflict with a tepid absence of friends.h.i.+p for, or hostility towards, either side. They had long practically managed their own affairs, and though they suffered from the lack of a strong central authority on which to rely, they did not understand their own wants, and were inclined to be hostile to any effort for the betterment of the national government.

The Western Counties Set up a Separate State.

The first step taken by the frontiersmen in the direction of setting up a new state was very characteristic, as showing the military structure of the frontier settlements. To guard against Indian inroad and foray, and to punish them by reprisals, all the able-bodied, rifle-bearing males were enrolled in the militia; and the divisions of the militia were territorial. The soldiers of each company represented one cl.u.s.ter of rough little hamlets or one group of scattered log houses. The company therefore formed a natural division for purposes of representation. It was accordingly agreed that "each captain's company"

in the counties of Was.h.i.+ngton, Lincoln, and Green should choose two delegates, who should all a.s.semble as committees in their respective counties to deliberate upon some general plan of action. The committees met and recommended the election of deputies with full powers to a convention held at Jonesboro.

Meeting of the Const.i.tutional Convention.

This convention, of forty deputies or thereabouts, met at Jonesboro, on August 23, 1784, and appointed John Sevier President. The delegates were unanimous that the three counties represented should declare themselves independent of North Carolina, and pa.s.sed a resolution to this effect.

They also resolved that the three counties should form themselves into an a.s.sociation, and should enforce all the laws of North Carolina not incompatible with beginning the career of a separate state, and that Congress should be pet.i.tioned to countenance them, and advise them in the matter of their const.i.tution. In addition, they made provision for admitting to their state the neighboring portions of Virginia, should they apply, and should the application be sanctioned by the State of Virginia, "or other power having cognizance thereof." This last reference was, of course, to Congress, and was significant. Evidently the mountaineers ignored the doctrine of State Sovereignty. The power which they regarded as paramount was that of the Nation. The adhesion they gave to any government was somewhat shadowy; but such as it was, it was yielded to the United States, and not to any one State. They wished to submit their claim for independence to the judgment of Congress, not to the judgment of North Carolina; and they were ready to admit into their new state the western part of Virginia, on the a.s.sent, not of both Congress and Virginia, but of either Congress or Virginia.

So far the convention had been unanimous; but a split came on the question whether their declaration of independence should take effect at once. The majority held that it should, and so voted; while a strong minority, amounting to one third of the members, followed the lead of John Tipton, and voted in the negative. During the session a crowd of people, partly from the straggling little frontier village itself, but partly from the neighboring country, had a.s.sembled, and were waiting in the street, to learn what the convention had decided. A member, stepping to the door of the building, announced the birth of the new state. The crowd, of course, believed in strong measures, and expressed its hearty approval. Soon afterwards the convention adjourned, after providing for the calling of a new convention, to consist of five delegates from each county, who should give a name to the state, and prepare for it a const.i.tution. The members of this const.i.tutional convention were to be chosen by counties, and not by captain's companies.

There was much quarrelling over the choice of members for the const.i.tutional convention, the parties dividing on the lines indicated in the vote on the question of immediate independence. When the convention did meet, in November, it broke up in confusion. At the same time North Carolina, becoming alarmed, repealed her cession act; and thereupon Sevier himself counselled his fellow-citizens to abandon the movement for a new state. However, they felt they had gone too far to back out. The convention came together again in December, and took measures looking towards the a.s.sumption of full statehood. In the const.i.tution they drew up they provided, among other things, for a Senate and a House of Commons, to form the legislative body, which should itself choose the Governor. [Footnote: Haywood, 142; although Ramsey writes more in full about the Franklin government, it ought not to be forgotten that the groundwork of his history is from Haywood.

Haywood is the original, and by far the most valuable authority on Tennessee matters, and he writes in a quaint style that is very attractive.] By an extraordinary resolution they further provided that the government should go into effect, and elections be held, at once; and yet that in the fall of 1785 a new convention should convene at which the very const.i.tution under which the government had been carried on would be submitted for revision, rejection, or adoption.

Meeting of the Legislature.

Elections for the Legislature were accordingly held, and in March, 1785, the two houses of the new state of Franklin met, and chose Sevier as Governor. Courts were organized, and military and civil officials of every grade were provided, those holding commissions under North Carolina being continued in office in almost all cases. The friction caused by the change of government was thus minimized. Four new counties were created, taxes were levied, and a number of laws enacted. One of the acts was "for the promotion of learning in the county of Was.h.i.+ngton." Under it the first academy west of the mountains was started; for some years it was the only high school anywhere in the neighborhood where Latin, or indeed any branch of learning beyond the simplest rudiments, was taught. It is no small credit to the backwoodsmen that in this their first attempt at state-making they should have done what they could to furnish their sous the opportunity of obtaining a higher education.

Backwoods Currency.

One of the serious problems with which they had to grapple was the money question. All through the United States the finances were in utter disorder, the medium of exchange being a jumble of almost worthless paper currency, and of foreign coin of every kind, while the standard of value varied from State to State. But in the backwoods conditions were even worse, for there was hardly any money at all. Transactions were accomplished chiefly by the primeval method of barter. Accordingly, this backwoods Legislature legalized the payment of taxes and salaries in kind, and set a standard of values. The dollar was declared equal to six s.h.i.+llings, and a scale of prices was established. Among the articles which were enumerated as being lawfully payable for taxes were bacon at six pence a pound, rye whiskey at two s.h.i.+llings and six pence a gallon, peach or apple brandy at three s.h.i.+llings per gallon, and country-made sugar at one s.h.i.+lling per pound. Skins, however, formed the ordinary currency; otter, beaver, and deer being worth six s.h.i.+llings apiece, and racc.o.o.n and fox one s.h.i.+lling and three pence. The Governor's salary was set at two hundred pounds, and that of the highest judge at one hundred and fifty.

Correspondence with North Carolina.

The new Governor sent a formal communication to Governor Alexander Martin of North Carolina, announcing that the three counties beyond the mountains had declared their independence, and erected themselves into a separate state, and setting forth their reasons for the step. Governor Martin answered Sevier in a public letter, in which he went over his arguments one by one, and sought to refute them. He announced the willingness of the parent State to accede to the separation when the proper time came; but he pointed out that North Carolina could not consent to such irregular and unauthorized separation, and that Congress would certainly not countenance it against her wishes. In answering an argument drawn from the condition of affairs in Vermont, Martin showed that the Green Mountain State should not be treated as an example in point, because she had a.s.serted her independence, as a separate commonwealth, before the Revolution, and yet had joined in the war against the British.

One of the subjects on which he dwelt was the relations with the Indians. The mountain men accused North Carolina of not giving to the Cherokees a quant.i.ty of goods promised them, and a.s.serted that this disappointment had caused the Indians to commit several murders. In his answer the Governor admitted that the goods had not been given, but explained that this was because at the time the land had been ceded to Congress, and the authorities were waiting to see what Congress would do; and after the Cession Act was repealed the goods would have been given forthwith, had it not been for the upsetting of all legal authority west of the mountains, which brought matters to a standstill.

Moreover, the Governor in his turn made counter accusations, setting forth that the mountaineers had held unauthorized treaties with the Indians, and had trespa.s.sed on their lands, and even murdered them. He closed by drawing a strong picture of the evils sure to be brought about by such lawless secession, and usurpation of authority. He besought and commanded the revolted counties to return to their allegiance, and warned them that if they did not, and if peaceable measures proved of no avail, then the State of North Carolina would put down the rebellion by dint of arms.

Pet.i.tion to Congress.

At the same time, in the early spring of 1785, the authorities of the new state sent a memorial to the Continental Congress. [Footnote: State Dept. MSS., Papers Continental Congress, Memorials, etc., No. 48. State of Franklin, March 12, 1785. Certificate that William c.o.c.ke is agent; and memorial of the freemen, etc.] Having found their natural civil chief and military leader in Sevier, the backwoodsmen now developed a diplomat in the person of one William c.o.c.ke. To him they entrusted the memorial, together with a certificate, testifying, in the name of the state of Franklin, that he was delegated to present the memorial to Congress and to make what further representations he might find "conducive to the interest and independence of this country." The memorial set forth the earnest desire of the people of Franklin to be admitted as a State of the Federal Union, together with the wrongs they had endured from North Carolina, dwelling with particular bitterness upon the harm which had resulted from her failure to give the Cherokees the goods which they had been promised. It further recited how North Carolina's original cession of the western lands had moved the Westerners to declare their independence, and contended that her subsequent repeal of the act making this cession was void, and that Congress should treat the cession as an accomplished fact. However, Congress took no action either for or against the insurrectionary commonwealth.

The new state wished to stand well with Virginia, no less than with Congress. In July, 1785, Sevier wrote to Governor Patrick Henry, unsuccessfully appealing to him for sympathy. In this letter he insisted that he was doing all he could to restrain the people from encroaching on the Indian lands, though he admitted he found the task difficult. He a.s.sured Henry that he would on no account encourage the southwestern Virginians to join the new state, as some of them had proposed; and he added, what he evidently felt to be a needed explanation, "we hope to convince every one that we are not a banditti, but a people who mean to do right, as far as our knowledge will lead us." [Footnote: Va. State Papers, IV., 42, Sevier to Henry, July 19, 1785.]

Correspondence with Benjamin Franklin.

At the outset of its stormy career the new state had been named Franklin, in honor of Benjamin Franklin; but a large minority had wished to call it Frankland instead, and outsiders knew it as often by one t.i.tle as the other. Benjamin Franklin himself did not know that it was named after him until it had been in existence eighteen months.

[Footnote: State Dept. MSS., Franklin Papers, Miscellaneous, vol. vii., Benj. Franklin to William c.o.c.ke, Philadelphia, Aug. 12, 1786.] The state was then in straits, and c.o.c.ke wrote Franklin, in the hope of some advice or a.s.sistance. The prudent philosopher replied in conveniently vague and guarded terms. He remarked that this was the first time he had been informed that the new state was named after him, he having always supposed that it was called Frankland. He then expressed his high appreciation of the honor conferred upon him, and his regret that he could not show his appreciation by anything more substantial than good wishes. He declined to commit himself as to the quarrel between Franklin and North Carolina, explaining that he could know nothing of its merits, as he had but just come home from abroad; but he warmly commended the proposition to submit the question to Congress, and urged that the disputants should abide by its decision. He wound up his letter by some general remarks on the benefits of having a Congress which could act as a judge in such matters.

Sevier's Manifesto to North Carolina.

While the memorial was being presented to Congress, Sevier was publis.h.i.+ng his counter-manifesto to Governor Martin's in the shape of a letter to Martin's successor in the chair of the chief executive of North Carolina. In this letter Sevier justified at some length the stand the Franklin people had taken, and commented with lofty severity on Governor Martin's efforts "to stir up sedition and insurrection" in Franklin, and thus destroy the "tranquillity;" of its "peaceful citizens." Sevier evidently shared to the full the horror generally felt by the leaders of a rebellion for those who rebel against themselves.

The new Governor of North Carolina adopted a much more pacific tone than his predecessor, and he and Sevier exchanged some further letters, but without result.

Treaty with the Cherokees.

One of the main reasons for discontent with the parent State was the delay in striking an advantageous treaty with the Indians, and the Franklin people hastened to make up for this delay by summoning the Cherokees to council. [Footnote: Virginia State Papers, IV., 25, 37, etc.] Many of the chiefs, who were already under solemn agreement with the United States and North Carolina, refused to attend; but, as usual with Indians, they could not control all their people, some of whom were present at the time appointed. With the Indians who were thus present the whites went through the form of a treaty under which they received large cessions of Cherokee lands. The ordinary results of such a treaty followed. The Indians who had not signed promptly repudiated as unauthorized and ineffective the action of the few who had; and the latter a.s.serted that they had been tricked into signing, and were not aware of the true nature of the doc.u.ment to which they had affixed their marks. [Footnote: Talk of Old Ta.s.sel, September 19, 1785, Ramsey, 319.]

The whites heeded these protests not at all, but kept the land they had settled.

In fact the att.i.tude of the Franklin people towards the Cherokees was one of mere piracy. In the August session of their legislature they pa.s.sed a law to encourage an expedition to go down the Tennessee on the west side and take possession of the country in the great bend of that river under t.i.tles derived from the State of Georgia. The eighty or ninety men composing this expedition actually descended the river, and made a settlement by the Muscle Shoals, in what the Georgians called the county of Houston. They opened a land office, organized a county government, and elected John Sevier's brother, Valentine, to represent them in the Georgia Legislature; but that body refused to allow him a seat. After a fortnight's existence the att.i.tude of the Indians became so menacing that the settlement broke up and was abandoned.

The Greenville Const.i.tutional Convention.

In November, 1785, the convention to provide a permanent const.i.tution for the state met at Greenville. There was already much discontent with the Franklin Government. The differences between its adherents and those of the old North Carolina Government were accentuated by bitter faction fights among the rivals for popular leaders.h.i.+p, backed by their families and followers. Bad feeling showed itself at this convention, the rivalry between Sevier and Tipton being p.r.o.nounced. Tipton was one of the mountain leaders, second in influence only to Sevier, and his bitter personal enemy. At the convention a brand new const.i.tution was submitted by a delegate named Samuel Houston. The adoption of the new const.i.tution was urged by a strong minority. The most influential man of the minority party was Tipton.

This written const.i.tution, with its bill of rights prefixed, was a curious doc.u.ment. It provided that the new state should be called the Commonwealth of Frankland. Full religious liberty was established, so far as rites of wors.h.i.+p went; but no one was to hold office unless he was a Christian who believed in the Bible, in Heaven, in h.e.l.l, and in the Trinity. There were other cla.s.ses prohibited from holding office,--immoral men and sabbath breakers, for instance, and clergymen, doctors, and lawyers. The exclusion of lawyers from law-making bodies was one of the darling plans of the ordinary sincere rural demagogue of the day. At that time lawyers, as a cla.s.s, furnished the most prominent and influential political leaders; and they were, on the whole, the men of most mark in the communities. A narrow, uneducated, honest countryman, especially in the backwoods, then looked upon a lawyer, usually with smothered envy and admiration, but always with jealousy, suspicion, and dislike; much as his successors to this day look upon bankers and railroad men. It seemed to him a praiseworthy thing to prevent any man whose business it was to study the law from having a share in making the law.

The proposed const.i.tution showed the extreme suspicion felt by the common people for even their own elected lawmakers. It made various futile provisions to restrain them, such as providing that "except on occasions of sudden necessity," laws should only become such after being enacted by two successive Legislatures, and that a Council of Safety should be elected to look after the conduct of all the other public officials. Universal suffrage for all freemen was provided; the Legislature was to consist of but one body; and almost all offices were made elective. Taxes were laid to provide a state university. The const.i.tution was tediously elaborate and minute in its provisions.

However, its only interest is its showing the spirit of the local "reformers" of the day and place in the matters of const.i.tution-making and legislation. After a hot debate and some tumultuous scenes, it was rejected by the majority of the convention, and in its stead, on Sevier's motion, the North Carolina const.i.tution was adopted as the groundwork for the new government. This gave umbrage to Tipton and his party, who for some time had been discontented with the course of affairs in Franklin, and had been grumbling about them.

Franklin Acts as an Independent State.

The new const.i.tution--which was in effect simply the old const.i.tution with unimportant alterations--went into being, and under it the Franklin Legislature convened at Greenville, which was made the permanent capital of the new state. The Commons met in the court-house, a clapboarded building of unhewn logs, without windows, the light coming in through the door and through the c.h.i.n.ks between the timbers. The Senate met in one of the rooms of the town tavern. The backwoods legislators lodged at this tavern or at some other, at the cost of fourpence a day, the board being a s.h.i.+lling for the man, and sixpence for his horse, if the horse only ate hay; a half pint of liquor or a gallon of oats cost sixpence. [Footnote: Ramsey, 334.] Life was very rude and simple; no luxuries, and only the commonest comforts, were obtainable.

The state of Franklin had now been in existence over a year, and during this period the officers holding under it had exercised complete control in the three insurrectionary counties. They had pa.s.sed laws, made treaties, levied taxes, recorded deeds, and solemnized marriages. In short, they had performed all the functions of civil government, and Franklin had a.s.sumed in all respects the position of an independent commonwealth.

Feuds of the Two Parties.

But in the spring of 1786 the discontent which had smouldered burst into a flame. Tipton and his followers openly espoused the cause of North Carolina, and were joined, as time waned, by the men who for various reasons were dissatisfied with the results of the trial of independent statehood. They held elections, at the Sycamore Shoals and elsewhere, to choose representatives to the North Carolina Legislature, John Tipton being elected Senator. They organized the entire local government over again in the interest of the old State.

The two rival governments clashed in every way. County courts of both were held in the same counties; the militia were called out by both sets of officers; taxes were levied by both Legislatures. [Footnote: Haywood, 160.] The Franklin courts were held at Jonesboro, the North Carolina courts at Buffalo, ten miles distant; and each court in turn was broken up by armed bands of the opposite party. Criminals throve in the confusion, and the people refused to pay taxes to either party. Brawls, with their brutal accompaniments of gouging and biting, were common.

Sevier and Tipton themselves, on one occasion when they by chance met, indulged in a rough-and-tumble fight before their friends could interfere.

Growing Confusion.

Throughout the year '86 the confusion gradually grew worse. A few days after the Greenville convention met, the Legislature of North Carolina pa.s.sed an act in reference to the revolt. It declared that, at the proper time, the western counties would be erected into an independent state, but that this time had not yet come; until it did, they would be well cared for, but must return to their ancient allegiance, and appoint and elect their officers under the laws of North Carolina. A free pardon and oblivion of all offences was promised. Following this act came a long and tedious series of negotiations. Franklin sent amba.s.sadors to argue her case before the Legislature of the mother State; the Governors and high officials exchanged long-winded letters and proclamations, and the rival Legislatures pa.s.sed laws intended to undermine each other's influence. The Franklin a.s.sembly tried menace, and threatened to fine any one who acted under a commission from North Carolina. The Legislature of the latter State achieved more by promises, having wisely offered to remit all taxes for the two troubled years to any one who would forthwith submit to her rule.

Neither side was willing to force the issue to trial by arms if it could be helped; and there was a certain pointlessness about the struggle, inasmuch as the differences between the contending parties were really so trifling. The North Carolinians kept protesting that they would be delighted to see Franklin set up as an independent state, as soon as her territory contained enough people; and the Franklin leaders in return were loud in their a.s.surances of respect for North Carolina and of desire to follow her wishes. But neither would yield the points immediately at issue.

A somewhat comic incident of the affair occurred in connection with an effort made by Sevier and his friends to persuade old Evan Shelby to act as umpire. After a conference they signed a joint manifesto which aimed to preserve peace for the moment by the novel expedient of allowing the citizens of the disputed territory to determine, every man for himself, the government which he wished to own, and to pay his taxes to it accordingly. Nothing came of this manifesto.

Decline of Franklin.

During this time of confusion each party rallied by turns, but the general drift was all in favor of North Carolina. One by one the adherents of Franklin dropped away. The revolt was essentially a frontier revolt, and Sevier was essentially a frontier leader. The older and longer-settled counties and parts of counties were the first to fall away from him, while the settlers on the very edge of the Indian country clung to him to the last.