Franklin Township (part 11 of 19)

nah of Franklin. Discordant elements were found amongst the magistrates composing its county courts. The Franklin courts elected one set of county officers, while another set were chosen by such of the justices as had accepted commisrions from North-Carolina. This conflict of jurisdiction was snoceededy in some instances, by unpleasant results. The possession of the records was, of course, desired by each ioeombent. Force and stratagem were resorted to by both parties to obtain them. Courts were held in different places^ and an unarmed body of men would suddenly enter the courthouse of the adverse party, seize its- records, and bear than off in triumph. An effort would then be made to regain them. A scuffle would ensue, ending sometimes in a geM^ ral fight. Scenes of disorder took place, which were gene*, rally sources of merriment and pleasurable ezcitemeiil^ rather than causes of settled malice or revenge* The pal^ ties separated, and soon afler were friends. In Washingtoo doiinty, however, the dispute became acrimonious, and at length generitted a feeling of inappeasable malignity between the leaders of tbeir respective parties. From the commraoe* meat of the Franklin revolt, this county had been the seat cif a central influence, which, while it remained united, w^ able to repress any opposition to its authority. That central power was represented by two very numerous and most respectable families, the leading members of which were John Sevier and John Tipton - each alike brave, patriotic and ambitious. Each had been distinguished by martial exploits and patriotic services in civil life. They had conquered together at King's Mountain, and co-operated together, harmoniously, in all the incipient measures of the insurrectionary government. On one occasion, as has been mentioned, when Sevier hesitated and dissuaded from separation, Tipton was decided in support of that measure. Tipton becaifte an officer under the new government. Sevier was its Governor. After the repeal of the Cession act, the former returned to his allegiance to the parent state, an was now a member of its legislature; the latter roai tained his opposition to it. They were now implacable en mies. Each of them had political adherents and riends. Neither of them had a personal enemy. Each of liese leaders, it is reasonable to suppose, felt the ambition to applant his rival, and prevent his supremacy. The Legislature of North-Carolina, at its session of this \ y^^^* continued and extended its- conciliatory policy ( towards the western people. The former acts of ardon and oblivion to such as had been engaged in the reolt, were re-enacted, and those who availed themselves of he advantages specified therein, were restored to the privi- 3ges of citizens. Suits were dismissed, which had been tistitated for the recovery of penalties or forfeitures incurred >y a non-compliance with the revenue laws, and those who lad failed to list their property for taxation, for the current ear, were allowed three months longer in which to comply rilth the law. These pacific and satisfactory measures were Dggested and supported by the delegates from the western (oanttes, then members of the North-Carolina Legislature, .nd went far to remove the remains of discontent and Qiet the complaints of the citizens.

' The Governor of Franklin s|ill retained his elastic and angoine temper. As late in his administration of Frankh, as January 24, 1788, Governor Sevier continued to aspire his adherents with hope. Under that date he rrites to -

Dear Sir: - I have, lately, received some favourable news from Docir Franklin, and other gentlemen; also, am happy to inform you that find our friends very warm and steady - much more so than heretotie. My son can inform you of some late particulars. Any thing urterial your way, will thank you for a sketch of it by my son. '

*Very warm and steady*' were, indeed, the friends of ohn Sevier, but not of the Governor of Franklin, now totteriig into ruins. In little more than one month, Franklin had teased to be.

The County Ckmrt of Washington still held its sesrioms at Davis^Sy nnder the anthority of Nortb^CaroIina ; that oT Franklin, at Jonesboro*. Of this court, James Sevier, a of the Governor, was clerk. Of the codrt at Davis's, John Tipton was clerk. An extract from his docket is here^ given:

*^ 1788, Febbuabt TER]f.-^0nbr«7 - That the Shmff tske info tody the County Court doc&et of said ooimty, sunposed to he in po slon of John Sevier, Bsq^ mud the same records Wfaig firom him or otter person or persona in whose poaseosion they now sre or heieaflai ^ ahsll he, and the same tetum to this or some anooeeding court for aaiUL eoonty."

A fieri facias had issued in the latter part of the 17B7, and had been placed in the hands of the sheriff, to be eacecuted against the estate of Governor Sevier, in the early part of 1788. The sheriff, acting under the anthority North-Carolina, by virtue tj^ereof, seized all or the greater part, of Governor Sevier's negroes, to satisfy it, and removed tbem, for safe keeping, from his farm, on NoUichucky River, to the house of Colonel Tipton. Sevier waSf &t this time, on the frontiers of Greene county, devising means for defending the inhabitants against the incursions of the Indians, whose oonduct of latCf had given room for the apprehension of a formal renewal of hostilities. Hearing of the seizure of his negroes by virtue of an unlawful precept, as he deemed it, and by an officer not legally constituted, he resolved immediately to suppress all opposition to the new government of Franklin, and to punish the actors for their audacity. He raised one hundred and fifty men, principally in Greene oounty, but partly in Sevier, and what is now called Blount and marched directly to Tipton's house, near to which he arrived in the afternoon. Not more than fifteen men of Tip* ton's party were then with him. Sevier halted his troops two or thre hundred yards from the house, on a sunken piece of ground, where they were covered from annoyance by those in the house. Sevier was also incited to itction by another incident. Tipton, it w^s said, in order to get possession of person, had collected a party of his adherents, some time ire, and had sent them off with orders to make Sevier a loner. The latter happened to be on the frontiers, and ton's emissaries mii^sed their aim. When Sevier came le and was informed of this attempt, he burned with gnation at the ingratitude of it, and at the unrelenting per which he considered to have prompted it. Hence, received an additional motive to action, and resolved, in If to look for the Saul who searched for him in all the B and hiding places of the country. Tipton had gained le intimation of Sevier's design, and had but just time to for the aid of fifteen of his friends, who were with him he time of Sevier's arrival. With them he kept posses- I of his house, and barricaded it against the expected mlt, as well as he could, and, with undismayed steadiness, ted the arrival of the Governor. The house of Colonel ton was on Sinking Creek, of Watauga River, eight or miles east of Jonesboro'. The Governor was not dilar in making his appearance. He presented himself' and troops, with a small piece of ordnance, and took post in Kt of the house. He demanded the unconditional surrenof Tipton, and of all who were with him in the house. ton, with the earnest langilage which he sometimes emred on emergent occasions, sent word to him." to fire and lamned." He sent to Tipton a written summons. This, li a letter calling for assistance, Tipton immediately sent 3olonel Maxwell, of Sullivan, who was commandant of .tia in that county, and a representative of the county in General Assembly of North-Carolina. For some time, ton would not permit any communication with Sevier. 'ly the next day, however, he consented that Robert Love, idre, one of the fifteen who had come to his assistance lit correspond with him. Mr. Love wrote to hiixi through medium of his own flag, and directed his letter to CoUh ' Sevier. In reply, it was said, that Colonel Sevier was in camp, alluding to Valentine Sevier, a brother of the 'emor, who bore the title of colonel. Mr. Love answered n, and strongly recommended to the troops to withdraw and land themselves, which, he said, would enable those who mpported the goyemmeiit of North-Carolina to coontermand * the orders for levying troops in Sullivan ooanty, and other places. The jreply made to this recommendation waa^ that Governor Sevier could countermand the orders for their march. Here the correspondence ended. A few of the most influential persons then with Tipton^ were sent out to collect reinforcements from the neighbourhood and from the settlements above. Two or three were also sent to Snllivan for the same purpose. . On the next day a few men , joined Tipton, and, in the course of the day, a womaa, coming to the house on some occasion, in company with another woman, was shot in the shoulder.* Some of Sevier's troops occupied an eminence of limestone rocks, within shooting distance of the house, and from that quarter the . woman was wounded. On the next night Mr. Robert Love went out with one man, for the purpose of getting aid from the quarter of the country where he resided. On his way home, he met his brother Thomas, now General Love, vdth ten or twelve men, going to join Tipton, whom he informed of the guard, at the eminence of rocks, which lay near the road that led to the house. Mr. Thomas Love, before it was light, approached the rocks on a prancing horse, himself hemming and coughing. Not being hailed, he went to the rocks, at which the guard had been stationed, and found that the whole guard was absent. The weather being excessively cold, they had retired to the main body, to warm themselves by their fires. Mr. Thomas Love returned to his companions and informed them of the absence of the guard from their post, whereupon, raising a whoop, they went in full gallop to Tipton's house, and by their junction with the besieged, infused fre^h vigour into their resolutions.

Elholm, second in command to the Governor, in order to make short work, and to escape from the danger of delay; proposed the erection of a light movable battery, under oover of which the troops might safely advance to the walls of the house. In the meantime, those coming in and going out of the house of Tipton, were fired upon, and one, whose name was Webb, was killed ; another, whose name was Vaun, was wounded in the arm. Maxwell, with all possible expedition, raised one hundred and eighty men, and marching with them, he had halted at Dungan's Mill, and had stayed there in the fore part of the night, till they could have just time to reach the camp of Sevier by morning. Whilst they were lying there, Sevier's scouts came within a mile of them, and not discovering any advancing enemy, returned to their main body. The night was cloudy and -dark, and in the morning of the 3d of February,* just after day-break, which was the time of the attack .made by Sevier, the snow poured down as fast as it could fall from the clouds. Sevier had placed, in the road leading from Sullivan county, by the place of his encampment, sentinels to watch the approach of the reinforcement to Tipton, which was expected from Sullivan. The cold weather was so extreme that it had forced them into camp to warm themselves for a few minutes. Maxwell and Pemberton advanced cautiously, with their men well formed in a line, within gunshot of Sevier's camp, having passed the spot where the sentinels were stationed, unobserved. Here they awaited the approach of daylight. As soon as objects had become visible, the snow falling, and Sevier's men advancing to the attack on the house, the troops under Maxwell fired a volley and raised a shout which seemed to reach the heavens, and communicated to Tipton and his men in the house, that deliverance was at hand. From the house they re-echoed the shout, and instantly sallied out upon the besiegers. In the midst of these loud rejoicings, a tremor seized the dismayed troops of Sevier, and they fled in all directions, through every avenue that promised escape from the victors. Tipton and Maxwell did not follow them more than two hundred yards. Within one hour afterwards, Sevier sent in Robert Young with a flag, proposing terms of accommodation. They left, in their flight, to be taken by the victors, the small piece of ordnance which Sevier had caused to be planted upon a battery. Pugh, the high sherifl* of Wash- ington county, was mortally wonnded. Divers petwnw witte made prisoners who belonged to Sevier^s corps, and amongit them two sons of Sevier, James and John* Tipton fortt with determined to hang both of theip. Apprised of the rash step he intended to take, the young men sent for Bfr* Thomas Love, and others of Tipton's party, with whom they had a good understanding, and iSolicited their intereeasiiai with Tipton. Those persons went directly to him and represented, in strong terms, the rashness, illegality and impolief of the intended execution. They urged their aif^uments m effectually, that, with tears flowing down his cheeks at Ike mention of his own sons, supposing them to be in the possession of Sevier, about to be executed by him for offenees imputed to the father, he pronounced himself too womanilk for any manly oflice, and desisted from his purpose.

This is the account usually given of the idFalr between Tipton and Sevier. Tt is believed to befmainly correct The declaration put into the mouth of "Governor Sevier, that- he would suppress all opposition to the government of PraaUiB, needs confirmation, or should be qualified. Prom the commencement of the difficulties between the parent state and her revolted counties, Sevier had determined to avoid and in* tended to prevent violence and bloodshed. His moderation and his good temper, have been attested by the narrative of every pioneer this annalist has had an opportunity to examine. The Governor, in every instance, dissuaded his adherents from violence or even tumult. His own letters, official and private, breathe the same spirit. The reader will recollect how much, and how pathetically, he deprecated a resort to force in his letter to Governor Matthews, of June 84, in which he also speaks of the mother state with affection and regard - indeed, in a tone of filial piety, whioh cannot be too much admired. His conduct during the siege of Tipton's house, and until he withdrew from it, demonstrates, what is intended here to be said, that Governor Sevier did not intend to maintain the authority of Franklin by force. It is known, that in undertaking to recover his property, then in the custody of Tipton's adherents, and confined in his house, the determined spirit of that brave man defied Sevier.

Major Elholm advised an immediate assault, and offered to lead it. The Governor restrained the ardour of his adjutant, and declared that not a gun should be fired. Elholm renevired his application for leave to storm the house, when he was silenced by the remark from Sevier, that he came not there to kill his countrymen, and that those who followed him had no such wish or design. Sevier himself, and most of his adherents, were too patriotic not to be dissatisfied with the position which surrounding circumstances had forced him to assume, and which he almost reluctantly now occupied, at the head of insurgents, and prompted to engage them in a fratricidal warfare. His sword had been often drawn for his country - ^his heart had never quailed befote its enemies. Over these he had often triumphed ; but now he refused to imbrue his hands in the blood of patriotic countrymen and fHendfl. The patriot prevailed over the officer - the citizen dver the soldier. The sternness of the commander yielded to the claims of duty and a common citizenship. His demeanour during the siege, and especially on the night before the assault, is represented by those of his party who served tmder him, before and after this occasion, to have been very different from that which he usually manifested. The men under his command exhibited the same altered behaviour. In all their campaigns, ardour and enthusiasm attended the march - care and vigilance the bivouac - the mirthful song and the merry jest, were heard in every tent. On these oooasions, it was the custom of Sevier to visit every mess, and to participate in their hilarity. He spoke of enemies and danger before, and friends and home behind them. He was dins the companion, and friend, and idol of his soldiery. Bat now the camp of the Governor of Franklin was dreary and cheerless. No merry laugh was heard - nor sfng - nor Jest. Little care and less vigilance was taken in placing out die sentinels. Sevier was silent, appeared abstracted, tiioaghtful, and, at this time only in his whole public life, morose and ascetic. Elholm's vivacity failed to arouse him. He communicated little to that officer ; he said nothing to -his men. He took no precaution, suggested no plan, either of attack or defence. The enemies of his country were nol before him, and the patriot Governor repressed the aspirations of the ** commander-in-chief of the army of the State of Franklin." In no other instance has he given a livelier exhibition of the true moral sublime of patriotism.

The example of Sevier was contagious. The energy and skill of Elholm effected nothing. They could not convort American citizens into fratricides. /

A similar spirit actuated the adverse party. Their ^oimgeous leader acted only on the defensive. When the siege was raised, no immediate pursuit was made. The besiegeis and the besieged, were soon after friends, and peaceable neighbours. It is still strange, under all the droomstaiioes^ that so few of both parties were killed or wounded. This has sometimes been ascribed to and accounted for, by the heavy snow storm which occurred during the siege. One of the besieged, the late Dr. Taylor, of Carter county, may explain it in his own words. ^ We did not go thei« to fight Neither party intended to do that Many on both sides were unarmed, and some who had guns, did not even load them. Most of us went to prevent mischief, and did not intend to let the neighbours kill one another. Our men shot into the air, and Sevier's men into the corners of the house. As to the storm of snow keeping the men from taking a sure aim, it is all a mistake. Both sides had the best marksmen in the world, who had often killed a deer, and shot it in the head too, when a heavier snow was falling. The men did not try to hit any body. They could easily have done so if they had been enemies." - .

Col. . rembertoD, of Sullivan, to whom an express had been sent by Tipton, soliciting relief, arrived with thirty men. These he stationed in front of Sevier^s camp, unperceived by the latter. Pemberton ordered a general discharge of the rifles of his party. The discharge was mads intentionally, to avoid shooting any of Sevier's men.

On the approach of Sevier's troops, Captain John Cowan was sent in with a flng, proposing some terms of compromise. This was refold the first, second and third times. After the reinforcement from Snlli- van, Captain Cowan was taken prisoner ; and refusing to give bail for hb appearance before a civil court, was retained in custody of Colonel Tipton several days. Captain Handley, at length, prevailed witli Tipton, and Cowan was released.*

The date of the affair before Tipton's house, as given in the account of it taken from Haywood, is the third of February. This is incorrect. It was, certainly, several days later than the twenty-fifth of February. The writer has in hifiT* possession, a military despatch froiQ Governor Sevier,

Major Taylor's,! 15th February, 1788. Deaf Captain : - I am informed that the Tipton party have got very insolent, and have been guilty of several cruelties and barbarous actions. I have ordered fifteen men out of each company, to turn out; and I am well satisfied that the men of .Sevier county will turn out bravely. I beg you will use your influence to get as many men out of yonr neighbourhood to turn out, as may be in your power. I shall expect your company up. I am satisfied that a small exertion will settle the matter to our satisfaction. Pray speak to Mr. Allen, and let us raise aa many men as in our power. For further particulars, I beg leave to nfcr yon to the bearer.

It wtuld require two or three days for the Governor's messenger to reach Captain Zahaun's| residence ; fully as many to notify to the militia the purport of the despatch, and to assemble them togethe^r ; and as many more tq reach the Governor's head-quarters, ten miles above Jonesboro'. Sevier county, on whose military ardour the Governor so confidently relied, embraced much of the present county of Blount, a distance ofmore than one hundred miles from Jonesboro'. It is known ihftt Colonel Weir and others from that county, were present at the siege, and it is not probable, that from the dale of tbe despatch to the time of the arrival of the troops at headquarters, less than two weeks had elapsed. It was, cer* tainly, very late in February, or perhaps, early in March, 'when the engagement took place. The late James Sevier, of Washington county, believed the date was February 28. This accords with the following despatches from Colonel Tipton, and with a letter to be hereafter given, from Grovernor Sevier himself.

** The rebels are- again rising; Sevier is now making'his last effort; he has given orders to his officers below, to draft fifteen men out of each company, and take property from those that will not serve, and give to those that will. This d^y they are to meet at Greene ; to-morrow al Jonesboro'^ and Wedn^ay, if not before, make the push here. I therefore request you to give orders to the officers in the Cove, toeolkd their men with the greatest expedition, and march to my house to-morrow, fixed in ample manner; as I purpose to defend this quarteri without making any excursions, unless I can get further information.

Though now no longer the Governor of Franklin, and iiih deed without office and authority, and a mere private citizei^ Sevier continued to correspond with his quondam allies in Georgia. He still dates from

Sir : - Yours, of the 10th of February, I had the honour to receive. In our present confused situation of affiiirs, I am not able to reply with that accuracy and satisfaction to your Excellency I could wish. Our country is, at this time, almost in a state of anarchy, occasioned, as we suggest, by the North-Carolinians stimulating a party to act in a hostile manner against us.

Agreeable to our Constitution, my duration in office continued no longer than the 1st of March last, and, in our present embari'assed condition, our Assembly have, as yet, failed to make any new appointment.

It is with great pleasure I inform you that a great number of the peopjle of this country discover a ready disposition to tad your state against your savage enemies ; and let matters occur as they may, if I am spared I purpose joining your army with a considerable number of volunteers, to act in concert with yau against the Creeks, though many of our enemies are making use of every diabolical plan in their power, in order to destroy our laudable intention.

I beg your Excellency will be so obliging as to advise us, from time to time, of your intended operations, and should your campaign be procrastinated until the fall season, I am of opinion you will get a much greater number of men from this country.

the frontier. The Gherokee8 had learned, by past experience, the danger of hostilities with the Franklin people, when commanded by an officer of such vigour and capacity, as in all his campaigns had been manifested by Sevier. The Indians, until his government was overthrown, stayed, for the most part, quietly in their villages, and permitted the settlements to be extended rapidly, and with little interruption, from the lower parts of Greene and Spencer counties, to the western limits of what is now Knox county, north of Holston, and Blount county, south of it. But from the commencement of this year, the Gherokees having constant information of the difficulties existing amongst their white neighbomv, had manifested evident tokens of dissatisfaction, and a general desire for a renewal of hostilities. During the short absence of such of the gunmen as had gone from the lower settlements to Sevier*s head-quarters, some mischief was done on the frontier, and the traders all reported an approaching Indian invasion. Messengers . were immediately daspatohbd to the upper counties after Sevier, carrying with them representations of the impending danger, and urging his immediate return to the exposed border settlements. These ha received just after his fruitless siege of Tipton's house^ and when the disasters of the day hung like a pall around hffni and ulcerated his wounded spirit. In a moment Sevier was himself again ; elastic, brave, energetic, daring and patriotic. At the head of a body of mounted riflemen, he was at once upon the frontier to guard and protect its most defenceless points.

^on will cause the men of the Greasy Cove to be notified to appear al my hoyse on Saturday evening next, well equipped, with arms and ammuDitioD, and six days provision. Those that have arms, etc., and do not comply, take and give to those that will serve.*'

Colonel Tipton, with a number of troops, were, on the 16th of March, collected at Abednego In man's. From that place, he wrote to General Kennedy, a friend of Sevier's, that ''.my bnsinass is not to disturb or molest the inhabitants, but rather to protect them ; and, sir, as I am persuaded that y<m have the interest of the country at large at heart, if it shonU coincide with your approbation, that yoa should bring the Commissions to Greene Court-Hoase to-morrow, for the pu^ pose of establishing a court, so that the inhabitants maybe exempted of the penalty prescribed by law.**

General Martin, who now commanded the brigade of North-Carolina militia west of the mountain, also wrote to - General Kennedy, March 21, 1788,

'* I am greatly diAtredsod and alarmed at the late proceedings of our countrymen and friends, and must beg your friendly interpoAitioD, ii order to bring about a reconciliation, which, you well know, wat nj object in accepting the brigadier's commiAHion. I am, perhapA, as littk afraid of stepping forth in the field of action as any otner man ; boil would be sorry to imbrue my hands in the blood of my conntrymei and friends, and will take every method in my power to praireDt aiijr thing of that nature. In our present situation, nothing will do b«t t submission to the laws of North-Carolina, which I moot eamaoyy i»> commend to the people. You well know this is the only way to bring about a separation, and< also a reconciliation for our worthy friend, wbon situation at tbis time is very disagreeable. I most sensibly feel Ibr liin, and will go very great lengths to serve l)im. Pray see him often, aad give him all the comfort you can.

** 1 am told that a certain officer says, that if I issue an order tor a reconciliation, that it shall not be obeyed ; but I shall let that gentlemaa know that I am not to be trifled with. Pray write me all what the people will do, and whether you will accept your commission, which I horn you will. Have the militia im?nediately offi cred and prepared for action, as I expect a general Indian war shortly. Please give ray best respecu to the people in general. Tell them my object is reconciliatioQ, not war."

There were few - perhaps none - even of the adherents of the old state, whose feelings and wishes, in reference to Sevier, were not in exact consonance with those expressed by General Martin in this letter. Its tone, its moderation, its wisdom, its sympathy for a soldier and a patriot, constitute the highest eulogy upon his own good sense, his patriotism and his good feelings. They cannot be too much admired or imitated. They saved the country from further tumult and violence, and all opposition, on the part of Franklin to North- Carolina, ceased.

in the midst of these conflicting elements of excited passion and social and political disorganization. We extract from Bishop Asbur'y's Journal: "April 28,1788. - We reached the head of Watauga ; came to Greer's. The people are in disorderabout the Old and New State ; two or three men have been killed. At Nelson's, I had a less audience tl^an was expected ; the people having been called away on an expedition against the new-statc-men. Preached on Hebrews, vL chapter, 11th and 12th verses." Shortly afterwards, he preached "at Owens's, on Psalm 148, verses 17, 18, 19, with some fervour. Came to H ufiacre's and Key wood's, where we held Conference three days ; and I preached each day. The weather was cold ; the room without fire, and otherwise uncomfortable. We, nevertheless, made out to keep our seats until we liad finished the essential part of our business." This first Conference west of the mountain - the novelty of such an assemblage in the wilds of Watauga--^its mission of benignity and peace-^the calm dignity and unpretending simplieity of the venerable Bishop, all conspired to soothe, quiet an4 harmonize the excited' masses, and to convert partizans atid'factionists into brothers and friends.

In the meantime, Governor Caswell's term of office having expired, Samuel Johnston was elected his successor. His administration, it was hoped, might effect the restoration of harmony in the revolted counties, which the conciliatory policy of Governor Caswell had failed to do. He was kept eulvised of the state of affairs, west of the mountains, and in the following letter from Colonel Martin, it was recomnended to send troops from North-Carolina, to quell existing ifetarbances in Franklin :

-Sir: - ^The confiision of this country induces nie to lay before your {ndllency, by expret^s, our present situation, which is truly aianning.

I sent, on Saturday hist, to Sevier and his party, requiring them to nr down their arms, and submit to the laws of North-Carolina, but WBk get no answer, only from Colonel Joseph Hardin, which I forward ; lioagh I know, that on Friday last^ they met in Convention, to concert ipme plan. The beart^r of my express to them, informs me, that he Qnd^rstood that Si^vier had gone towards French Broad, since the 10th iilitant; that Colonel Kounedy, with several others, had gone tlxo same HMf, to carry on an expedition against the Cherokee Indiani), which, I

Should the Franks still pemst to oppose the laws of this .atata^. would it not be well to order General Het>owelI to give soibe aarist* akMf M afew menfibm there wiU convince them, that Noffli<3aralUa ia-determined to pioteet her dtiawna.

BxLLsnoBouott^ '29{h Jdy^'lTSlB.' Sir : - ^It has been ^presented to (he EieeQtlve, that John Setlir; lAo atyka hiHMlf Ci^^tMs-GenerAl of theStJiiteof FrsakHn, has beik^ goilty of h]|^h treason, m levyinjr troops to oppqsof the lawy uidgommm' ment of this state, and has wi& an armed force put to death aevml good citizens. If these fiida shall appeltr to ybu by the affidavit of credible persons, you. will issue your warrant to apprehend the aa^ John Sevier, and in case he cannot be sufficiently secured for trial in the District of Washington, order him to be committed to the pubBa gaol.

At the same time an order w& forwarded to General Martin, to assist the sheriff in the apprehension of Sevier. Go* vernor Johnston says further, to General Martin :

^ Sevier, from the state of his conduct, set forth in your letter, appears to be incorrigible, and I fear we shall have' no peace in your quarter, till he is proceeded against to the last extremity."

These repeated accusations of Sevier and of those implicated with him, in the charges of barbarous and cruel oon* duct, are to be ascribed, in some instances, to political animosity - and in others, to exaggeration of bis conduct, and a misapprehension of bis designs. He was now really a pri» vate citizen, without command or authority, and yet, as will who followed his standard and obeyed his orders, as fully and as cheerfully, as if he were yet in power. Thm frontier people knew that they could not be safe, JImt by their own exertions and military services. They needed a leader to combine their strength, discipline the troops, project expeditions, secure their exposed stations, expel their Indian enemies, and give quiet and safety to a scattered and defenceless people. This responsible duty they imposed upon Sevier He could not decline the position thus assigned him by ao* damation. He.assumed it cheerfully, and executed its da* ties well.

Sevier was now on the frontier, and though invested with. hq oflEicial power, the Ex-Governor and one of his Fraiddin officers, issued this address.

" Major Houston^s Station, 8th of July, 1788. '^ To the Inhalniania in general : - Yesterday we crossed Tennessee with s small party of men, and destroyed a town called Toquo. On our reliim we discovered large trails of Indians* making their way towards this place. We are of the opinion their numbers could not be U0$ than nve hundred We beg leave to recommend, that every Stslioii will be on their guard \^ that also, every good man that can be upundj will voluntarily turn out and repair to this place, with the ut-. moat eipedition^ in order to tarry for a feV days in the neighbourhood and 1^1 the enemy, if possible. We intend waiting at this place some days inth the few men now with us, as we cannot reconcile it to xiur OWB feelings, to leave a people who appear to be in such great distress.

John Sevibr, Jambs Hubbbrt. K. B. It will be necessary for tUbse who will be so grateful as to come to the assistance of this place, to furnish themselves with a few days provisions, as the inhabitants of this Fort are greatly distressed with the Indians.

** The Cherokees still burned with a desire for war. It seemed, iudeed, as if nothing could ensure peace but their total extinction. The knowledge of their hostile designs was made public by their massacie of Kirk's family. In the month of May, 1788, Kirk lived with his family on the south-west side of Little Kiver, twelve miles south of Bjiozviile ; whilst he was absent from home, an Indian by the name of Slim Tom, known to the femily, came to them and requested to be -applied with provisions, which they gave him, and he withdrew ; hariayaeen who were there, and the situation they were in with regard to defence, ho soon after returned from the woods with a party of Tndians, and fell upon the fiiinily - niaMacreO tlie wtiole of tbeni, eleven iu nuinlier, and left them dend in thayard. Not long nfter wards. Kirk eomiog liotne, saw his. dend family lying on tlie ground;, he gaie the alarm to the ncighhourhuod, ft&d th« militia assembled under the eotuiuand of Colonel Stvipr, lotho number of Mveral hnndred; thvy met at Hunter^ station, on Nino Mile Creek, which runs inio Holston on ibe soulh side ; thenee they marched under the command of Colonel Sevier to the Hiwa!«ce River, and early in th^ morning came upon a town vrbith had been burnt in 17T9 ; the Indians Tiho were in i^ fled, and took to the rirer; many were killed in the town ; some were made pii*oners, and many were fired upon and killed in the river ; they burnt the town, and returned to Hunter's etation. On the.next day they went up tlie Tmn«esec, to the towns on that river, killed neveral lDdinii% burnt the toww, and retnmed to the station, Tallawee, upon the npjicr part of the Tennewiee, was one of tbeee towns. The Indiana fled from their dit&rent towns into the mountains, were pursued by the troops and many of them killed. Ahrahani, a friendly ludiiin, with his son. who lived on the north of the Tennesaee, had declared publicly, that if the Indians went to war, he would rtmain at his own house, and never quit it. When ths troops camo to the »juth side, Hubbard sent for Abraham and. his son to come over the river to the troops ; they came accordingly ; he <Kreeled them to rdurn and bring with them tlio Tawel and another Indian, that he might hold a Talk with them ; they also held tip a Ihgjnviting those Indiana to come to them ; th^y did so, and were put into & house. Sevier was absent for some time on the business (|f hit com- . mand ; in the time of hia absence, those who were left behind, permitted young Kirk, the son of him whose family was killed, lo go wilh n tomahawk into the house where the Indians were enclosed, Hublmrd being with him; there i<irk stiifk his tnmah.-n^k into llm hrrid of one of them, who fell dead at hi,s feet, the white people on the outside of tbe house looking in upon them. Tbe other Indiass, five or six in number, -eeing this, immediately understood the fate intended for them ; ' man cast bis countenance and eyes to the-^und, and one after thetdlwi received from the hands of Kirk, upon the upper part of the head,,t)M fatal stroke of the tomahawk, and were all killed. Sevier returning, tvf the tragical elfects of this rash act, and on remonstrating against it, m answered by Kirk, who was supported by some of the troops, that if ha hadeufiered from the murderous hands of the Indians, as he (Kirk) had, that he (Sevier) would have acted in the name way. Sevier, unable to punish him, was obliged to overtook the flagitious deed, and acqniesqcd in the reply. . T '

"It is much to be regretted, that biatoir, in the pursuit of tratk, ]i obliged to record, to tbe shame and confusion of ourselves, a deed at - such superlative atrocity, perfidy, cowardice and inhumanity. Snnly "* is due to wounded feelings, and some allowance is tobemada for tlie conduct of men acting under the smart of great and recent inf* fering. But never should it be forgotten by an American soldier, tbat his honour must be unspotted ; that a noble generosity must be the ngKlator of his actions ; that invidable fidelity^ in all that is promiaed IB enemy, k a duty of fiacred obligation, and that a beneficent and delicate behaviour to his captive, is the brightest ornament of his character.

-'Suspicion, ever alive toward the conduct of military commanders, attributed to Colonel Sevier a voluntary absence, whilst many of those who were present, acquitted him of all presentiment of the horrid act Colonel Sevier never acted with cruelty before or since ; he often commanded ; he was never accused of inhumanity ; he could not have fiven his consent on this occasion. Considering existing circumstances, e could not maintain as much authority now, as at other times ; he was routed, proscribed and driven from his home ; he took shelter amongst the frontier inhabitants, who now composed his little army ; he lelied upon them for safety ; they consulted only the exasperated feelingH of the moment, and had never been instructed in the rules of refined warfare.

^ Captain Gillespie, on arriving at the river, had also gone off with hii company in search of the enemy, by order of the commanding officer ; he went up the river on the south side, and crossed where the Indians were on the north ; he pursued them several miles and took some packborses ; on his return the Indians were everywhere in motion ; he remoeaed the river to the south side, at the place where ho had just be- Jbre crossed. As he ascended the bank on the south side, ho saw an Indian named Alexander Mayberry, and hailed him, who stopped and gave up his gun, and surrendered himself a prisoner. Captain Gillespie then went towards the army which he had left, and as he proceeded, was met by a company of soldiers who insisted upon killing his prisoner. Captain Gillespie told them that he had taken the Indian a prisoner, and that he should not be killed whilst in his possession; they, still nenisting, and manifesting a determined purpose to put the prisoner to death, Gillospio dismounted from his hor>«e, and placing himself between Ihem and the Indian, cocked his gun, and gave them the most positive assurances that ho would instantly pour the contents of it into the heart ot that man who dared to fire up5n the Indian. The resolute air of his ooantenanco convinced them that he intended what he said ; they desisted and went off; he led his prisoner into camp, and delivered him to Colonel Se\'ier, who removed him to Hunter's station, whence he was sent home in safety.

" The massacre of Kirk's family was followed in quick succession by that of many others. A man of tlie name of English, was killed near Bean's station, and James Kirkpatrick between Beanos station and Hol- ; some were killed in the neighbourhood of Bull Run, and others at places north of Knoxville, and many others on tho roads to West Tennessee and Kentucky. The people were compelled to live in forts ; they bailt Houston's station, sixteen miles south of Knoxville, not far from the place where Miiryville now stiinds. General Martin sent a party to TCotcct tho inhabitants of the station, under the command of Major Thomas Stewart, which went to the station and garrisoned it.

**C«ptain John Fayno, with some enlisted men who conjposed apart of the guard under the conmiand of Captain Stewart, and some of the settlers who turned out with them, were sent out as scouts to reconnoitre tlie adjacent country ; they crossed the Tennessee River, and entered into an apple orcbardf where careleeely i&ey began to gather the froit ;- fie Ltdiane were lying in wait, and nad 8iifR>red them to inarch into the ordiard without molestation. Whilst in the Act of gathering ihhlt^ tlie Indians surrounded Uiem, drove them into the river, kiUed sixte«i of tib whites dead on the ground, took one prisoner, and wonnded fofor^frhOf with diflSculty, efl^ted thair escape. The scene of this tragedy waii at a town called Sitico. Captain Evans raised thirty men, who, with Itesel^ lived a considerable distance from the place, and waa at it id fie evening of the third day. That night, being on the north baiiC of the Tennessee, they buried the dead whom they feund on tihat aide of the river, marched back about one mile and encamped on high gnMHd; Uajor Stewart came in also with the enlisted men of the atadon ; 4im were under his command, but th6 volunteer company was eidiwi?^ under that of Captain Evans. Next morning they croeaed the river ii the upper end of Ghota, and thence to Sitico, wh^re the massaen took place ; there they found one white man lying on his bad with hia bdjy ript open ; four men lying on a sand bar with their bdlitt abo ript 1^ and their bowels floating on the water; the head of one mm was eat ofl^ and his heart and bowels were torn out and striswed about bn tts ground; after burying the dead, they returned home. Saeh of ^ company in the orchard as survived the massacre^ had fled towMdi Enozville ; theses the Indians had pursued to irithin five mika of* tkit place, and in the pursuit killed a great part of theih. Ther then deftar* mined to attack liouston*s station, and with that view marched to ]t,M were beaten off by the garrisctn. Colonel Sevier was at this time wkUi twenty-five miles of the mouth of Holston, and was mvchiqg ditimi^ to the defence of Houston^s station, i^hich he had been informed the bdians intended to reduce, but he bad not yet heard of the attack whidi they bad actually made upon it. He unexpectedly met one hundred cC the retreating Indians, fired upon tbem, compelled them to ^ve wjqr, and continued his march* to the station ; thence he immediately went home, and without delay convened Captain John Craig and his company ^ and one or two otber companies, and at the special request of Colonel Sevier, he was joined also by Captain Evans and his company, who wat^*^ requested to do so by an express sent for the purpose. Captain Evan^^ took post in the rear of the front guard : hs the army passed thronri^^ Sitico, Evans seeing an old Indian slip into a house between dayli«i^^ and sunrise, took with him John Ish, and rode up to the house, in whid^^ he 'saw sitting an old man, and upon dismounting and going intu^^ the house, saw in it two young Indian fellows, both of whom he and Wl^^ killed, and rejoined the ai-my. It marched constantly, and arrived at Chil- - ^ howee ; at this place they found Indians, had a skirmish with them,* kill - **" ing thirteen dead on the ground ; the whites receiving no damage on -^ their side ; they all returned homo in safety^ A few weeks after this, ^ Evans raised a volunteer company, and other Captains also raised com- ^^ panies to make an expedition into the Indian nation ; at their solicitation ^ Colonel Sevier took the command of them ; they crossed the Tennessee ^ River and went through Big Tellico town ; thence crossing the Unaca -^ mountain, they entered the Valley towns ; whilst the army marched on, -^ Captam Hubbard took ten men with him, and following a amaJl path, ^ tbej came to a house where were Beven or eight Indians, who ran out of the house, when the whites killed five of them, took one small prisoner, and returned to the army. When the army halted at noon, Captain E^ans discovered an Indian coming down the ridge ; he mounted his horse, and taking two or three men with him, rode towards the Indian ; be fired upon Evans and his men, the hall passing through the hunting ihirt of one of them, apd then ran to the foot of the hill, and charging his gun, gave them a second fire ; one of the white men fired at him, and shot off his fore-finger ; the Indian again charged his piece, but wh«n he attempted to prime, the 'blood ran so fast into the pan of the iire-lock that he coufd not effect it ; the whites rode up to him and shot lum down. Marching four miles farther, they encamped in hearing of tbe crowing of a cock, from a towji that was six miles long ; but pereeivinff that the enemy had left it at the approach of the army, Sevier, with ue army, in the morning took a different route, wliich led them to the upper end of another town, where the corn was in the silk ; tlie whole of this the army cut down before them. The Indians kept up a constant lire, but the distance was too great to do it with any effect. Aher enounping here all night, Evans, with ten men, was sent to reconnoitre the confines of the camp ; on the top of a ridge he discovered the signs of Indians ; a large body of them had been there, and had thrown off their old moccasins and put on new ones ; he immediately gave intelligence iof this to the Colonel, and was ordered by him to keep the ridge till the bo^y should be ready to march. About one hundred Indians had Innied back, and others went on, to form an ambuscade in a narrow paswam ; the army followed upon their trail till it came in view of the place where it was thought they lay concealed ; tlie passage which the army hlMl to pass through, w&s one where tlie path was on the bank of the jsver, under a large cliff of rocks, for one quarter of a mile, which did Bot admit of more than one man abreast, followed by the others in Indian file ; they had placed two hundred men on tlie south side of the river, ready to receive the whites had they attempted to cross ; one hundred in the front, one hundred in the rear, and three hundred amongst the rocks and chffs ; of the whites, the number was not more than one hundred and forty. The danger of marching through this passage was e Viciously considered by Colonel Sevier as too great to be encountered the advantage to be attained, and he marched for the foot qf the jDoantain, where he crossed as he went out The army drove before it 4hree head of neat cattle, and proceeded with so much haste that one of the cattle tired and would go no further. Captain Evans marched in the rear, and having passed the summit of the mountain and proceeded abont two hundred yards down the other side of it, one of his men said that he had left his knife just before he crossed the top of the mountain, and he ran back for it ; when he got to the mountain top, he heard the Indians ascending on the side of the mountain up which the whites had jnst before come. Intelligence of their vicinity was immediately given to the Colonel : it was now between sunset and dark, and the army, before it could encamp safely, was obliged to travel ten miles to Big Tellico, where, on the plains, it encamped. Five hundred Indians followed until they came in view of the camp, and there, their courage &il-

\ The order given by Governor Johnston to Judge Campbell, to issue a bench warrant against . Sevier, was not obeyed by that officer. His past relations with the 6overn<» of Franklin, and his own agency in several transactions of that government, made him unwilling, if he wa^ not otherwise incapacitated, to execute that duty. But Spencer, one of the principal Judges of North-Carolina, held, by autho^ ity of that state, in conjunction with Campbell, a Superior Court at Jonesboro', and there issued the warrant against Sevier, for the crime of high treason. Ever since his defeat at Tipton's, that brave and patriotic citizen had been in the constant performance of the most brilliant actions, of great utility to his countrymen. He was amongst the frontier people who adored him. He had, by nature, a talent for acqairing popular favour. It was natural for him to travel in the paths which led to it. To him it was no secret, that in a republican government, where the democratic principle is a main ingredient in its composition, the love of the people is substantial power. He had a friendly demeanour, a captivating address, and, to crown all, he was a soldier. With such qualities, he could not fail to catch the prepossessions of the people ; to attach them to his interests, and to mould them to the furtherance of his designs. The beloved man of the populace is always distinguished by a nick-name; Nollicliuckij Jack was the one they gave him. Whenever, at future elections, that name was pronounced, it had the effect of electrical power, in prostrating the pretensions of every opposing candidate. Sevier was generous, liberal and hospitable. The people of North-Carolina valued his good qualities, and had no disposition to dwell upon his late errors with any malevolence. As the government of North-Carolina was now submitted to universally, they wished not to inflict punishment upon any for the part they had taken in the late troubles. As he easily forgave in others, the offences committed against him, he had not any suspicion that he was not as readily forgiven. He was elevated, by his merits, in the public esteem ; he knew not what it was to repine at the prosperity of others. JBut he had not learned that he, who was rendered eminopt by his services, is the last to be pardoned for his faults ; and that a repetition of meritorious actions, like oil thrown upon the fire, so far from extinguishing, actually aggravates the angry passions which are roused against him.*

Sevier, in the meantime, after his return from the frontier, appeared openly in all public places, and was present at Jonesboro, where General Martin held a council of the militia officers. During the d&y, some of the court, and Sevier, had an altercation, which revived past difficulties between some of the officers and the ex-governor. They had separated apd left town. After Sevier started, Caldwell, with whom he had quarrelled, went to Tipton, and in going and returning, eollected eight or tep men, with whom he went in pursuit of Sevier. Arriving at the house where Colonel Love lodged, he went with them to Colonel Robinson's, where General Martin and Major King were. Tipton there had a close search made for Sevier, supposing that, as there was a good understanding between Robinson and him, the latter might be there. The pursuers then went to the widow Brown's, where Sevier was. Tipton and the party with him, rushed forward to the door of common entrance. It was about sunrise. Mrs. Brown had just risen. Seeing a party with arms at that early hour, well acquainted with Colonel Tipton, probably rightly apprehending the cause of this visit, she aat herself down in the front door, to prevent their getting into the house, which caused a considerable bustle between her and Colonel Tipton. Sevier had slept near one end of the bouse, and on hearing a noise, sprung from his bed, and looking through a hole in the door-side, saw Colonel Love ; upon which, he opened the door and held out his hand, saying to Colonel Love, / surrender to you. Colonel Love led him to the place where Tipton and Mrs. Brown were contending about a passage into the house. Tipton, upon seeing Sevier, was greatly enraged, and swore that he would hang him. Tipton held a pistol in his hand, sometimes swearing he would shoot him, and Sevier was really afraid that he would pat his threat into execution. Tipton at length be- e&me ealm, and ordered Sevier to gM his heme, foci^hat ke wonld earry him to Jone8boro\ Seviitfr pressed Cokviiel Love to go with him to Jonesboro*, which the latter eoBr sented to do. On the way, he requested of Cdlonel Lore to use his inflaence that he might be imprisoned in Jonesboro', and that he might not be sent over the meantaiM into North-Carolina. Colonel Love remonstrated to' him against , an imprisonment in Jonesboro*, forv said he^ Tipton will place a strong gaard around ]rou Acre ; yoorfiiendi will attempt a rescue, and bloodshed wiH be the rssult. Sevier urged that he would persuade ^ his friends to peaoenbis measures» and "expressisd great reluctance at the idea of beiic taken ftom his family and friends. As soon as Atj ai^ rived at Jonesboro*, Tipton ordered iron hand^fih to be put on him, which was accordingly done. He then eaiv ried the Governor by the residence of Colonel Love^ and that of the widow Pugh, whence he went home, leaving Sevier in the cijstody of the deputy sheriff and two other men, wHli orders to carry him to Morganton, and lower down, if -be thought it necessary. Colonel Love travelled with him tDl late in the evening, and was requested by the^Croveraor to send down to his wife, ^and let her know of his situation, with a request to her to send some clothes to him, and some money. * Next morning, James Love, the brother of the colonel, was dispatched with this message to Mrs. Sevier ; she transmitted to her husband the necessaries he wanted. A few days afterwards, James and John Sevier, sons of the Grovernor, together with Mr. Cozby, Major Evans, and some few others, were seen by Colonel LoVe, following the way the guard had gone. Before Colonel Love h.ad left the guard, they had, at his request, taken off the irons of their prisoner. The nest morning he attempted to make his escape, but the guard overtook him, and one of them, George French, shot at him with a pistol as the horses were running, before they stopped him. The friends of Sevier say that French had it in charge to kill him, and intended to execute his commission, and that on the Iron Mountain, on their way to North-Carolina, Gorley, another of the guard, informed Sevier of the order and intention of French, upon which he endeavoured to make his escape ; that in his flight, he became entangled in trees and brush, thrown down by a hurricane, and «could proceed no further, when French came up, and fired a pistol at his face, which fortunately did him no harm, except burning him with the powder. The bullet had slipped out of the pistol unknown to French. The guard proceeded with him to Morganton, where they delivered him to William Morrison, the thep high sheriff of Burke county. As the guard passed through the settlement of the McDowells, in Burke county, General McDowell and General Joseph McDowell, the latter of whom had been in service with him, and fought by his side in several perilous battles, and the former of whom had, a few years since, fled from the tenemy in his own neighbourhood, aiid taken shelter under tiie roof of Sevier, both followed him immediately to Morganton, and there became his securities for a few days, until he could go down and see a brother-in-law, who lived in that county. Agreeable to his promise, he returned punctually. The sheriff then, upon his own reponsibility, let him have a ftw days more to visit his friends and acquaintances. By "this time, his two sons, with Cozby, Evans, and others, came into Morganton, without any knowledge of the people there, who they were, or what their business was. On striking the Wttlements on the east side of the mountains, they had sepatated, and had come into town singly. Court was, at that time, sitting in Morganton, and they were with the peopie, generally, without suspicion. At night, when the court hroke up and the people dispersed, they, with the Governor, .pushed forward towards the mountains with the greatest rapidity, and before morning arrived at them, and were beyond the reach of any who might think proper to pursue them.

To this account of the capture and rescue of Sevier, as copied from Haywood, it may be added, that besides James Sevier, John Sevier, Doctor James Cozby, and Majoi' Evans, tts above mentioned, Jesse Greene and John Gibson made up the party who pursued and re-captured their old commander, and effected his restoration to his incensed countrymen. Evans had been one of the Governor's favourite milituy officers ; all the rest had been comrades in arms, and were warm personal friends. Cozby, in all his oampaigns» bad served with, or ander him ; not onl; as a tried soldier, bat as the bold and skilful sorgeon. Further particnlarain ih6 rescue of Sevier, are derived from one colHrersant with all the. actors :

** In a lucklen hoar, the pnitssnt Governor . of ihe western* wilds, whoss prowew was known and acknowledged, from Wataogpi to ths Chafttsr nooga Mountain, was seized bv an armed posse, and oonveyed iato ihs * seUlement^**on a charge of high treason against the^ St^ dt TSMhr -Carolina. Had the destroying angel passed throngh the Isnd, sid destroyed the first bom in every aecticfti, the feelings of the. hardj ftoatiennen wonld-not have been more incensed ; had the du^ and wtr* riors of the whole Cherokee nation fidlen npon, and botchered the d^ fenceless settlers, the feelhig of retaliatwn and revenge would nidi haie been more deeplv awakened in th<dr bosoms. Thqr had snflbred wifli him ; they had longht under him ; with them, be ha4 shsred the dsos*

Sirs and and privations of a frontier life, and a sav«^ warfers; Sfhd ey were not the spirits to remsin inactive, when thev ftmid was in danger. The chivalry of the countiy gatberedi tmether ; a nmnber tf men were^selet^ to fly to the rescue ; armed to the teethe those diinitless sons of the woods crossed the monntsins, determined to rescue their beloved commander, or leave their bones to bleach upon 'the sand-Ub ef North-Carolina, a proud memento of the childrNl of the West & wss ascertained that the trial was to take place at Morganton, ^atoi fiiitber this daring band bent their eager steps. Their plan was, tocln tain bis release by stratai^cni, and if that failed, the next step was, to fire the town, and in the hurry and confusion, burst the prison doors by ferce, and make their escape. Prolmbly, at no time before, had ths quiet town of Morganton assumed such an air of excitement and interest, an the present ; for the fame of the unfortunate prisoner had gone before him, and the novelty of the scene had drawn together a huge crowd.

** The Franks had approached as near to the town as they deemed it prudent, where four of them concealed themselves near the road^ while two of their number, James Cozby and Nathaniel Evans, went forward into the town. They rode to a convenient distance from the court house, tied their horses to a limb of a tree, near to which they hid their rifles, and boldly entered the town, their capacious hunting shirts concealing the side arms they had prepared in case of need. Soon they had mingled with the crowd, and easily passed off for countrymen, at* tracted there by common curiosity. Evans had taken charge of General Sevier^s celebrated race mnre, and led her up in front of the court house door, the bridle carelessly thrown over her head ; he was, apparently, an unconcerned spctator of passing events. Cosby entered the house, and there, arraigned at the bar, sat the object of their soliciti!kde ; there he eat, as firm and undaunted as when charging the hosts of Wyuca on the Lookout Mountain.

He Escapes Without Pursuit

cue was at hand, but he was restrained from any outward demonstratiOD, by a«ignificant shake of Cozby's head ; but it could not ])reventtlie tear of gratitude, for ho knew there were daring spirits near, that would peril their life's blood in his defence. During a ])ause in the trial, Cozby stepped forward in front of the Judge, and in that quick and energetic tone, so peculiar to him, asked the Judge if he wjis done with that man ? The question, manner and tone, caused every jHirsoQ to start, to cast their eyes on tlie speaker, then on the Judge, all in amazement In the meantime, Sevier had cimght a glimjwe of his favourite mare standing at the door ; taking advantage v*f the confusion, he made one spring to Uie door ; the next, he was safely in the saddle, and with the speed of thought, was borne from the wondering crowd. *Yes,' cries a waggish voice, * Til be damned if you ain't done with him.* His comrades were not slow to follow in his wake, and, although immediate pursuit was made, a few minutes brought him to the main body, who, with one wild shout of victory, closed in the rear, and bore him on in triumph. That night they rested at the house of a friend, about twenty miles distant ; from whence they made an easy journey to their bomes, content that they had gained a bloodless victory."*

Morganton, the place where this rescue of the late Go- Teroor of Franklin was so gallantly made, was the seat of justice for JBurke county, N. C, and had been selected for the trial of the prisoner, as being the most convenient and accessible court in that state, and beyond the limits of the late Franklin jurisdiction ; the authorities wis^ely concluding, that at home Sevier could not be successfully prosecuted. The cl^ange of venue, however, operated nothing in favour of the prosecution. Burke had been a strong whig County in the revolutionary war, and nowhere were whig principles, whig sacrifices, and whig efforts, held in higher esteem, or more properly appreciated. The McDoweH\s, McGimpsie's, Alexander's, and all the whigs of that neighbourhood, had witnessed, and still gratefully recollected, the timely mccour and substantial aid rendered to them, a -d to their cause, in the hour of trial, by Sevier and his countrymen. He was now a prisoner in their midst, charged with the highest offence known to the laws ; they knew him to be a patriot, in exile and distress ; they felt for his sufferings, and sympathized in his fallen fortunes. These noble patriots of North-Carolina, while sensible that the majesty of law had been offended, were yet unwilling that its penalty should be enforced^ or that Sevier slioiild be mads iti victim* Th^' stood around the court yard ia approving rilenoe^ witneanodi and connived at the rescue, and discountenanced pursdil.

The capture and brief expatriation of Sevier, served oalj; . to awaken in his behalf the higher appreoiation of hia mt^ vices, and a deeper conviction of his olaims to. the esteem and consideration of his countrymen. His returti was eveij* where greeted with enthusiasm and joy.

In the meantime^ an amendment, or radical alfeCBaliai «f the existing Articles of Confederation, had beoome obvious^' necessary, and was demanded by the cbndituui of lUngSi tHk aU sections of the countiy. Apavtfcom tlii» geaarai^misMaf . ration of the mined commerce and emb»nrasfed revoauei cf the Confederacy, there were other and more locfd miini8% which convinced Congress, and the Amdrioaa peqphh oC tkM necessity of this reorganization of their form of govenuMpt Of these, none, perhaps, had had greater influeliciB tlum tiw formidable insurrection in Massachusetts^ wEioh, in ItNf; threatened not only the destruction of the goveraAent of thist' state, but of the Union, ^he spirit of insurrection wai not' oodSned to Massachusetts alone, but was maniftsted by pais tial risings in New-Hampshire and Cbbnecticut**

The withdrawal of some of the western counties of North- Carolina, from the jurisdiction of the parent state, had occurred previous to these insurrections in New-England. Arising as it did from other and far different causes, and resulting in the formation of a temporary state organization, it scarcely deserves to be classed with that of Massachusetts as an insurrection. Occurring, however, at a time when the foreign relations of the United States, and the negotiation especially with Spain, had prodaced a general discontent in the West, it served to render more evident the necessity oC* remodeling and enlarging the powers of the General Grovemment. A Convention was held for this purpose, consisting^ of delegates appointed by the states, who convened at Phila- ^ delphia, May, 1787. Of this body George Washington was ^ elected, unanimously. President. A new system of govern- ""^ ment was at length formed, which the Convention recom- ''^

Another Convention was soon after called, to deliberate i upon the proposed constitution of the United States. ( All now saw the necessity of a radical reform. De<- pQties were elected favourable to the new constitution, and, on the 2l8t of November, 1789, it was adopted and ratified hf the people of North-Carolina, in convention assembled at F&yettevUle.

The Assembly of North-Carolina, which met at Fayette* ville, extended the act of pardon and oblivion to such- of thoie who had taken part in the Franklin revolt, as chose to avail themAlves of its provisions. But, at the same time, it waa distinctly provided, ** that the benefit of this act should not entitle John Sevier to the enjoyment of any office of profit, of honour or trust, in the State of North-Carolina, but that he be expressly debarred therefrom."

An enactment of this kind may have been due to thq aapremacy of law. It was in exact conflict, however, with the wishes and voice and decision of the people. Public sentiment, even in high places^ demanded its inunediate repeal. Sevier was technically an insurgent. In all respects, he was a lover of his country, and had entitled himself to its highest honours and its richest rewards. His countrymen ooold not spare him from their military service ; they would not refuse him employment in their civil affairs. At the time of the annual election in August, of the next year, after the legislative infliction of these disabilities, the people of Greene county called upon Sevier to represent them in the Senate of North-Carolina. He was elected, it need not be ailded, without difficulty. At the appointed time, November 2, 1789, he attended at Fayetteville, but waited a few days before he took his seat. During this interval, the Assembly pasied an act, repealing the clause of a fofmer ael* ezclading him from holding any office of honour, profit or tnut. During the debate on the resolntiony adqoitting Sevier of the alleged treason, and restoring him to the rights of citizen* ship, Mr. Amy, the member from Hawkins ttmDtj, warmly urged the passage of the bill. In doing so, he gave offence to Colonel Tipton, the member from Washington eonnty. ' A ' rencoanter was prevented with difltonlty, and the debate postponed till the following day. The evening was qiient tin reconciling the disputants, and Mr.'Rdddy, another manbsr from Greene, reprimanded Amy for using langoage ob1c»> lated to initate Colonel Tipton, and begged him tkereaftMr to pursue a course which would *^ soothe his Ibeliags.* It was finally concluded, that on the nMt day, OokMlel Rodd^ should conduct the debate, as least liiiely to give ^momy^ - Accordingly, when the debate Was resnmed, C<rionel RodHy began his speech, but had not proceeded far» whenOokiMl' Tipton bcicame infbriated, sprang from hie seial^ aadl eeited' Roddy by the throat. At this moment, Mr. Ai%e«ied onlr'- tb Roddy, ** Sbothe him, c<^nel, soothe liimP The parties were soon separated, but a challenge to mortal eooAat w>ae the consequence. By the interference of mutual friends, the difGculty was honourably accommodated.* The resolation under debate was adopted, and Sevier took his seat, after having taken the usual oath of allegiance to North-Caiolina. Some days after. General Davie introduced a resolation to enquire into the conduct of the senator from Greene. It was well known that the proposition would notbeTavourably received, and, to the great -satisfaction of the mover, the motion for enquiry was laid upon the table. h

During this session, Sevier was reinstated in the command he had held before the Franklin revolt, of brigadier-general for all the western counties, and laws were passed confirmatory of administrations granted by the Franklin courii, and legalizing marriages celebrated under the authority df that government.

Bevier Elected To United States Congress

from North-Carolina to the Congress of the United States, divided the State into four Congressional Districts - the 178a } westernmost of which, embraced all her territory west ( of the Alleghanies. From this district, John Sevier was elected, and he is thus the first member of Congress from the great Valley of the Mississippi. The election was to be held on the second Monday and Tuesday in March, and certificates of the returning officers were to be brought to the house of James White, in Hawkins county, now Knoxville, and be there compared by the Clerk of the Superior Coart of Washington District, who was, for the convenience of these remote counties, to attend at that place for that purpose. His certificate to the candidate having the greatest number of votes, entitled the member to the commission of theGovemor ; and on this certificate, Ex-Governor Sevier was commissioned as the representative elect from Washington District, then .embracing all the territory of the present State of Tennessee. It is believed that he was elected, without a competitor or rival. Every voter nearly, on Cumberland and Holston, knew him and voted for him.

The government of Franklin had ceased to exist since 17S8 ( March 1st, of this year, and this might appear ( to be the place and point of time in these Annals, to suspend the history of settlements formed under that dynasty. Inasmuch, however, as lands acquired under its treaties and occapied under its laws, never did belong to the jurisdiction of North-Carolina, the incidents connected with their settlement, up to the treaty of Holston, may be better detailed here than in any other connection.

It has been heretofore mentioned, that the General Assembly of North-Carolina, at its session of 1 783, had designated the boundaries of the Cherokee hunting grounds - making the Holston, the French Broad and Big Pigeon Rivers, a part 4}t these boundaries. The next year, the people of Washingtioiiy Greene and Sullivan counties, withdrew from their allegiance to North-Carolina, renounced her jurisdiction orer them, and formed themselves into a separate and distinct government. Under that organization, they proceeded to exercise all the functions of a sovereign state, and amongs others, that of negotiating with the Indian tribe adjoining; and of acquiring, by treaty with them, a larg^e addition to their territory. The lands thus obtained by the treaty of Dumplin, and afterwards enlarged and confirmed by svimquent stipulations made at Coyatee, were soon taken into possession and settled under the authority of Franklin; which proceeded to organize the territory, thus acquired, into the new county of Sevier, with its courts, its military organization, and a representation in the Legislature, apon the same footing of the older counties. We have traced the rise^ progress and fall of Franklin. At the period of its dissolution we are presented with the strange spectacle ofacoanlj, settled, organized and governed, suddenly dissociated, and M beyond the jurisdiction and protection of any power known to the laws of North-Carolina - forsaken and disowned. Hie land embraced within the limits of Sevier county, of Frask* lin, had not been acquired by treaty or otherwise, nnder tk laws of North-Carolina ; the inhabitants, according* to her law designating the Indian hunting grounds, were there contrary to her laws and to the provisions of her treaty stipulating the Cherokee boundaries. In a political point of view, Sevier county and its inhabitants were known only as part of the State of Franklin. That state no longer existed, and they were now considered as trespassers upon Indian lands; in violation of the laws of North-Carolina, beyond the pale of its government, the influence of its judiciary, or the protection of its military power. In this dilemma, the people gave another instance of their law-abiding character, and of their capacity to govern themselves. Sensible, that in their peculiar situation, they were exposed to the evils resulting from anarchy and violence, they determined to guard against and prevent them. Measures were at once adopted to frame a temporary form of government, suited to the exigencies of the occasion. It is not now known who were prominent in giving vitality to this new organization, who was the President of the Board or its Clerk, nor to whom the other principal offices under it were assigned. It is well ascertained, however, that under its provisions, order, law, right and justice, were maintained. Ne well's Station had been the seat of justice for Sevier county, under the Franklin dynasty, and it is believed under the new order of things, be* came the seat of the Committee's authority, as it was the centre of the territory over which its jurisdiction extended.

Articles Op Association

We. the subscribers, inhabiting south of Holston, French Broad and Big Pigeon Rivers, by means of the division and anarchy that has of late prevailed within the chartered limits of North Carolina, west of th^ Apafaehian Mountains, being at present destitute of regular government and laws, and being fully sensible that the blessings of nature can only be obtained and rights secured by regular society, and North-Carolioji not having exteiiled her government to this quarter, it is rendered absolutely necessary, for the preservation of peace and good order, and tlM security of life, hberty and property to individuals, to enter into tbt ftUowinff social compact, as a temporary expedient against greater evilt :

Artick L That the Constitudon and Laws of ^orth-Carolina shall be adopted, and that every person within the bounds above mentioned^ ahall be subject to the penalties inflicted by those laws for the violatiom thereof

Article IL That the officers appointed under the authority of Franklin, either dvil or military, and who have taken the oaths of office, ahall continue to exercise the duties of such office, as &r as directed and empowered by these Articles, and no further, and shall be accountable to the people or their deputies for their conduct in office.

Article IlL That militia companies, as now bounded, shall be considered as districts of the above territory, and each district or militia company shall choose two members to represent them in a General Committee, who shall have power to choose their own president and derk, to meet on their own adjournments, and the president shall have power ta convene the Committee at any time when the exigencies of afiairs require their meeting, and shall have power to keep order and to causa rales of decorum to be observed, in as fiill a manner as the president of any other convention whatever. And in all cases of mal-ad ministration, or neglect of duty in any officer, the party grieved shall appeal to the Committee, or a majority of them, who shall be competent to form a board for business. And upon such application, the Committee shall cense the parties to come before them, and after examining carefully into the nature of the offence, shall have power to deprive of office, or publicly reprimand the offender, as the demerit of the crime may daaerre, or otherwise to acquit the party accused, if found not guilty.

Artii:!.; V. Tlie civil officers -^ball bnve power to take cogniaance of breaches of tbi: peace or criniioal offences, and where any person is convict!^ of nn offence not capital, the officer before whom such oflender U convicted, Bbnll immediately inflict the punisbment directed by law for oSence. But where tbe crirne is capital, the officer shall send such criminal, ti^ther with the evidence for or against him or them, to the nigheit joatice of the pe-ace for Norlb-I^arolina, there to be dealt with according to law ; but no civil officer ihall decide upon caaes of debt, -lander, or the right of properl]'.

Article VI. Militia officers shall have power to collect their regiments or respective companies, emergencies making it necessary, and in ease of invasion by the common enemy, shall call out tbcir companies regularly by divisions, and each militia man shall give obedience to the ciimmands of his officer, as is required bv law, or otherwise be subject to tho penalties afGxed by law for such neglect or refusal, at the judgment of a court martial.

Article VII, And, wherea*, it is not improbable that many horM thieves and fugitives from justice may come from different parts, expecting an asylum amongst us, as we are destitute of a regular government and laws by which tbey may bo punished, each and every of us do oblige ourselves to aid and assist the officers of the different stale or or of the United States, or any description of men sent by them, lo apprehend such bor^e thief or fugitive from justice. And if any of the above characters should now be lurking amongst us, or shall hereafter be discovered to have taken refuge in this quarter, we do severally bind ourselves, by the sacred ties of honour, to give infbrroatjoa to that state or government from which they have fled, bo that they may . be apprehended and brought to justice.

Article VIU. United application shall be made to the next sowon of tbe Assembly of North-Carolina to receive us into their protecdoD, and to bestow upon us the blessings of government.

Article IX. The captains of the respective militia companies ahatl each of them procure a copy of these Articles, and after calling the company together for the purpose, shall read them, or cause them to be reoa, distinctly to said company; and each militia man, or houaebolder, after hearing them read, if he approve of Lhem, shall subscribe bis nanM to the articles, aa a proof of his willingneas to subject himself to tbero ; and said Articles shall be tbe temporary form of government until we are received into the protection of North' Carolina, and no longer.

In several of the provisions of these Articles there may be traced a strong resemblance to those cf the Watauga Asso> ciation. They were, probably, copied mainly Irom diem. North-Carolina never took these people onder her protection or jurisdiction, and the Association proved to be a good flabstitute for a more formal and perfect system of government. This regime continued till after the country became the Territory of the United States south of the River OhiOi and was then provided for, as the county of Sevier, in 1794.

This may be considered as the finale of Franklin, and the ( proper place, therefore, to introduce a closing remark ( upon that anomaly. In speaking of it, terms dave been used requiring qualification, which, without interrupting the current narrative, could not be elsewhere given. Insurrection, revolt, dismemberment, defection, as here used, need to be explained, when applied either to those of the western people, who separated from the parent state, or those of them who afterwards renounced the new government. In either case, the action of the parties need not be ascribed to fickleness of purpose or bad faith, much less to disloyalty to their proper rulers, or insubordination to regular government and law. In vindication of those who once appeared on the side of Franklin, and now on the side of North-Carolina, it has been well remarked by Haywood : ** That the face of affairs was quite different at the time of the Convention which resolved upon independence, and the Aatumnof 1786. Before this juncture there was no governmental head to which the people of the western counties could carry their complaints. In 1784, it is true, the Assembly which^assed the Cession act, retained the sovereignty and jurisdiction of North-Carolina in and over the ceded territory, and all the inhabitants thereof, until the United States, in Congress, should have accepted the cession. Yet, in reality, so long as the Cession act continued unrepealed, North-Carolina felt herself as much estranged from the inhabitants of the western comities, as she was to any other state or territory in the Union; until induced by the bonds of federalism, and a common interest so far as concerned their external relations with the other nations of the globe, but wholly unconnected, so far as regarded their internal regulations and engagements. And as any one state was not obliged, by the nature of her Federal duties, to advance monies for the main- tenance of another in the possession of her rights, bat throiq^ the intervention of all in Congress assembled ; so neither did North-Carolina conceive herself bound to exert her strength and resources for the defence of tbe western cooiities, unless lA the proportion for which she was liable to other Federal contributions. It was in vain, then, to solicit her interference in behalf of the western counties^ so long as the Cession act subsisted, but when that was repealed, and the precipitancy of the western people obliterated, it cannot be a matter of surprise that well-meaning: and intel* ligent people would, thenceforward, deem it their duty to return to their dependence on North-Carolina."

In behalf of those who sustained the separation from Korth-Carolina until 1788, it may be further added, that ia withdrawing from the parent state and establishing: a separ rate government, the secessionists believed that the coarse adopted by them would least imperfectly preserve quiet ami erder^ under the circumstances in which the Cession act had placed them. Their course was pacific and conservative^ and at first, united and harmonized all. Nothing destructive or revolutionary, much less belligerent, was intended or contemplated. In 1784, the Confederacy had derinonstrated the inadequacy of that organization as a permanent system of General Government. The transfer by North-Carolina of her western counties to Congress, at that time imbecile and powerless, even over the original confederated states, and the novelty of the experiment, had produced alarm, excited apprehension and aroused a deep discontent in the new settlements. And, perhaps, these could have been quieted and appeased, as eflfectually, in no other way as the temporary assumption and exercise of the power of separate and distinct self government

Again. Heretofore, no instance had presented itself, of the formation of an independent state from the territory embraced within the boundaries of a political sovereignty. The process of separation, and the mode of accomplishing it, were all new and unattempted, alike by the people, and the State and General Governments. Now, when the creation of these new political organizations has become matter of frequent occurrence, and plain and easy by its successful trial and repetition, we can see little or no cause, why the subject should have then been viewed as embarrassed with inherent difficulties. But, let it be remembered, that ** in the Articles of Confederation, no provision was made for the creation or admission of new states. Canada was to be admitted of right, on her joining in the measures of the United States ; and the other colonies^ at the discretion of nine states. The eventual establishment of new states, seems to have been entirely overlooked by the compilers of that instrument.^^ The inconvenience of this omission in the Articles of Confederation, was most Apparent, and it may be well questioned whether the Congress of the Confederacy could, without an assumption of power, have given to the peopje of the territory, ceded in 1784, a form of state governiiient, such as was guaranteed to them by the provisions of the constitution of North-Carolina.

¥nder this view of the subject, it is not strange that the Cession Act was followed by dissatisfaction and revolt ia the western counties. Their people had been represented in the state convention of 1776, and it had been probably at the instance of their own delegates in that body, that the jMTOvision was then made, " for the establishment of one or more governments westward of this state, by consent of the legislature.'' Indeed, it may be well questioned, whether, with this provision in the Bill of Rights, precedy^g the Constitution itself, the act of Cession was not unauthorized and invalid.

Be that as it may, the cession of her western territory by North-Carolina to Congress, as it was, under the Articles of Confederation in 1 784, was obviously inexpedient and impolitic. And it was not till the adoption of the Federal Constitution, of 17S8, that this measure became either wise or practicable. This did not escape the discernment of the malcontent but virtuous and patriotic people of Franklin, when the new state ceased to be ; and they returned to their allegiance to the mother state. This event was not unexpected by its most

Steadfast friends and snpporterSy nor were its effects to be deplored. It resulted from no legislative error or want of executive skill, no fickleness of popular sentiment^ no defect of public virtue.

Every review of the conduct of both parties in the disa^ fee ted counties, from 1784 to 1788, reflects honour upon their patriotism, their moderation, their love of order and their virtue. No other instance is recollected, in which two antagonistic governments existed so long over the same people, with so little anarchy, so little misrule* so little violence. A period of nearly four years was passed, under two politieal systems of gpvernment, each having 'its separate Executive^ State Council, Legislature and Judiciary; each its own county and military organizations, its own partisans and adherents. And amidst all the rivalry, and faction, and malcontent, and conflict, personal and oflicial, which must have arisen from this unexampled condition of things, the annalist has to record .but two deaths, almost no bloodshed, and .little violation of the right of property. Private rigbta were held sacred and inviolable. If, in the collisiont between the oflicers of the two governments, an occasional feat in pugilism occurred, resulting in a trifling mutilation of one or both of the combatants, there followed less of acrimony, unmanly revenge and pitiful spite, than is produced by the disreputable squabbles of the aspirants and functionaries of the present d|»y - members of the same government, and united under the same constitution and laws. In all that was done in Franklin, we are unable to detect any tendency to radicalism. In their warmest aspirations for self-government and independence, there cannot be found one feature of modern agrarianism or the prostration of all law, but only a disposition to protect themselves from violence and aggression, and possible danger to their rights.

This is not the judgment of a partial annalist. It can be sustained by the testimony of competent tribunals, east and west of the Alleghanies. Their decisions shall be briefly stated*

The formation of a new state was only a question as to time. In all the letters, manifestos and proclamations of the Governor of the parent state, the separation is spoken of as not only right in itself, but desirable, and, at the proper time.

Or Prostration Of All Law

expedient. Governor Martin, in 1785, speaking of the separation, says : '* Which, in time, no doubt, would have been granted by consent ;" and again : " when a separation might take place to mutual advantage and satisfaction, on an honourable footing ;" and again : ** until the consent of the legislature be fully and constitutionally had for a separate sovereignty and jurisdiction.'* Governor Caswell, in his letter to General Shelby, in 1787, says: ** 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 honourable terms." And again, in his letter to Governor Sevier, of April 24, 1787 : '* You may rely upon it, that my sentiments are clearly in favour of a separation, whenever the people to be separated think themselves of sufficient strength and abilities to support a government.'* And again, in bis proclamation "to the people of the seceding counties, in urging them to union amongst themselves, he reminds them that the "General Assembly have told you, whenever your wealth and numbers so much increase, as to make a separation necessary, they will be willing the same shall take place upon friendly and reciprocal terms. Is there an indi- Tidaal in your country who does not look forward, in expectation of such a day's arriving ? If that is the case, must not every thinking man believe that this separation will be soonest and most effectually obtained by unanimity ?" And adds : ** I have no doubt the same may be obtained upon the prindiples held out by the Assembly. Nay, it is my opinion that it may be obtained at an earlier day than some imagine, if unanimity prevailed amongst you." And again : ** I flatter myself that the Assembly will be disposed to do what is just and right, and what sound policy may dictate."