Franklin Township (part 8 of 19)

^ ' And all the salaries and allowances hereby made, shall be paid by any treasurer, sheriflf, or collector of public taxes, to any person entitled to the same, to be paid in specific articles as collected, and at the rates allowed by the state for the same ; or in current money of the State of Franklin.' In specifying the skins, which might be received as a commutation for money, the risibility of the unthinking was sometimes excited at the enumeration. The rapidity of wit, which never stops to be informed, and which delights by its oddities, established it as an axiom, that the salaries of the governor, judges, and other officers, were to be paid in skins absolutely ; and to add to their merriment, had them payable in mink skins."*

The provisions of the Franklin Legislature concerning its currency, have been the source of much merriment and pleasantry, at the expense of the Franks. It should be recoUectecl that many of the articles, which were thus declared to be a lawful tender in payment of debts, were, at that moment, convertible into specie, at the prices designated by the law ; and all of them, certainly, at a lower scale of depreciation than the issues of many banks, considered since that time as a legal currency. Besides, in the forming period of society, when the pastoral and agricultural have not yet been merged into the commercial and manufacturing stagest where the simple wants of a new community confine its exchanges to the bartering of one commodity or product for another, -there can be but little use for mon'*y. There it does not constitate wealth, and is scarcely the representative of it. On the frontier, he is the wealthiest man, not who owns the largest amonnt of wild lands, while of acres around bim are vacant and nnappropriatec] ; or who has money to lend, which no one near him wishes or needa to borrow ; but he whose guns and traps furnish the most peltries^ who owns the largest flocks and herds, and whose cribs and barns are the fullest, and whose household fabrics are the most abundant. In a now settlement, these are wealth, and con^ stitute its standard.

In the earlier periods of all the American colonies, a like condition of things existed, as did now in Franklin. Money appears to have been very scarce, and in their domestic transactions, quite unknown. In Virginia, two centuries ago, the price of a wife was estimated at one hundred and fifty pounds of tobacco ; and the subject of the transaction was held to impart its own dignity to the df bt, which accordingly was allowed to take precedence of all other engagemenHL In 1088, a stipend^of sixteen thousand pounds of tobacco was given by law to each clergymen. In Maryland, tobacco, and not money, was made the measure of value, in all the tawS where prices were stated or payments prescribed.* In North- Carolina, as late as 1722, debts and rents were generally made payable in hides, tallow, furs, or other productions of the country. And still later, in 1738, when money was scarce in that colony, it became necessary to receive payment of quit- rents and other debts, in such articles of country produce as were marketable and easily transported. The price of these several articles was fixed by acts of Assembly, at which they were a legal tender. When judgment was obtained in a court for damages to a certain amount, the entry was usually made in the docket with the following addition : *' payable in deer skins, hides, tallow or small furs, at country price."t A specific tax of one bushel of Indian corn, upon every tithable inhabitant, was laid in 1715, for the support of some forces upon the frontier, and to discharge a debt due to South-Carolina.

At an early day in Virginia, tobacco became the standard of value, and supplied in part the place of a circulating me'^ dium. By pi act of 1G32, " the secretary's fees shall be as followetb :. ffor a warrant, 05 lbs. of tobacco ; flbr a passe lo lbs. ; ffor a freedom 80, etc. The marshal I's fees ffor an arrest, 10 lbs,; ffor warning the cort, 02, imprisonment coming in 10, going out 10, laying by the heels 5, whipping 10, pillory 10, duckinge 10, ffor every 5 lbs. of tobacco the niarshall may require one bushel of corne, etc. etc."*

The court of assistants, of Massachusetts, ordered that ( corn should pass for payment of all debts at the usual ( rate for which it was sold.

Hard Currency. - *'M usket balls, full bore, were a legal tender in Massachusetts, in 1650, current for a farthing a piece, provided that no man be compelled to take above twelve at a time of them." * : \

Having appointed the officers of state, and provi(fed fop the support of the government of Franklin, the Assembly anthorized a treaty to be held with the Cherokee Indians. Governor Sevier, Alexander Outlaw and Daniel Kennedy, "were appointed commissioners. The treaty was held at the honse of Major Henry, near the mouth of Dumplin Creek, on the north bank of French Broad River. The king of the Cherokees, with a great number of their chiefs, met the Franklin commissioners at this place, on the 31st of May, 17d5. The conference wa3 continued three days, and resalted in the establishment of the ridge dividing the waters of Little River and the Tennessee, as the boundary between the whites and Indians, and the cession of all the lands south of French Broad and Holston, east of that ridge. For these lands the Indians were promised compensation in general terms. ^*Both parties professed a sincere desire for the blessings of peace, and an ardent wish that it might be of long continuance. The governor, in a speech well calculated to produce the end he had in view, deplored the sufferings of the white f>eople ; the blood which the Indians spilt on the road leading to Kentucky ; lamented the uncivilized state of the Indians, and to prevent all future animosities, he sug* geHted the propriety of fixing the bounds, beyond which those settlements sliould not be extended, which had been impradently made on the south side of Freneh Broad and Holston, under the oonnivance of North-Carolina, and coald not now be broken up ; and he pledged the faith of the State of Franklin, if these bounds should be agreed upon and made known, that the citizens of his state should be effectoally restrained from all encroachments beyond it."^

Under the government of Franklin, the county offices were generally conferred upon those who already held com* missions under the State of North-Carolina for the same places. This arrangement gave general satisfaction. The metamorphosis from the old to the new order of things wa0 so noiseless, gradual and imperceptible, it did violence to no . one, produ'eed no convulsion, and for the time being reconciled all parties west of the mountains to the new government, which was now in the, full tide of successful experiment.

East of the Alleghanies, however, this sudden dismember^ ment of the territory of North-Carolina produced surprised censure and condemnation. A rumour of the insurrectionaiy tendency across the mountain, had reached Newbern during the session of the legislature, and had, doubtless, much infla* ence in hastening the measures adopted for the conciliation and relief of the western people. Complaints were soon after made to Alexander Martin, then governor of the state» by the chiefs'of the Cherokee nation, of the frequent violation of treaty stipulations, and especially of the murder of one of their head men, Butler, by Major Hubbard, one of the . Franklin officers, in time of peace.

Governor Martin, under date Danbury, Dec. 18, 1784, had written to Col. John Gist, authorizing him to convene the witnesses before him, and if they prove the killing, **you will issue your warrant to apprehend the said Hubbard, directed to the sheriff or such other officers as you judge proper, to be brought before you, and if he cannot shew any exculpatory reason for this act, you will commit him under a strong guard to Burke county jail, and to be under the care of General McDowell, there to remain until Washington Superior Court.**

Daring an armistice that had taken place between the Upper towns of the Cherokees and the infant settlements upon the French Broad, an attempt was made to revive the peaceful relations which, at happy intervals, had existed between the white and Indian population. The counsels of the elder chiefs had at length prevailed over the rash and inconsiderate decisions of the young men and warriors, and had curbed, if not eradicated, the restless spirit of cruelty and agg^ression which had so often involved the frontier in war. The whites too, were at this moment not indisposed to a state of peace. The emigration from abroad had been so great as to render the amount of the last year's crop inadequate for the present wants and support of the country. A pacific policy was necessary to a renewal of that system of barter which, in times of previous scarcity, had been so beneficial to all. Impelled by necessity, several small parties ventured into the Indian country to procure corn. Amongst these was one consisting of only two men. Col. James Hub* bardt and a fellow-soldier. Hubbardt's parents and their whole family, had been cruelly butchered in Virginia by the Shawnees, and he had hence become the avowed enemy of the Indian race ; and it may not be saying too much to add, that he had killed more Cherokees than any other one man. In . every battle with them, he sought the place of danger. Coura* geous in action, ardent in pursuit, artful in stratagie and desperate in his revenges, he had incurred the implacable resentment of the Indians. This feeling had been exasperated by th^ mortifying result of many a hardly contested rencounter with them.. In one of these it was his good fortune to meet and unhorse Butler, a distinguished warrior and the chieftain of Citico. To lose his horse, his tomahawk or his rifiet is equivalent, in the Cherokee warrior's code, to the loss of consequence and of honour. Butler apprehended this effect from his late inglorious retreat from his antagonist. This staia

Upon his oharaoter ulcerated his prond and ambitions spirit^ and impatient under itscorrodings, and panting for an opportunity to retrieve his loss, he had dissented from the peacetalks which were gradually preparing hts followers for a general pacification - an event which Butler was well awaroi under his peculiar situation, would consign him to temporary obscurity, or perhaps sink him to lasting infamy. His wounded pride could not brook this tormenting apprehension, and fae disdained to accept the overture of peace, which he too well knew bad not been extorted by his valour. Hearing of the approach of Hubbardt and of his companion to his town^ he invited a warrior, who still adhered to his fortunes,' to accoOir pany him. Well armed and well mounted^ they hasteDed from Citico and soon met the object of their search. Hubbardt and his companion were encumbered with packages^ different kinds, which had been laid upon their horses to be exchanged for com. At the time of Butler's approach, tb^ were on foot, leading the horses leisurely along the Indite path. Butler rode directly up, and with an air of insulted dignity demanded, in English, the object of tbeir intrnsrre visit. Hubbardt, looking at him sternly, replied, with great self possession, As the war is over, we have brought some clothing which we desire to barter for corn ; and as an evidence of the conciliatory and peaceable purpose of his visits he exhibited the contents of a sack taken from his horse. He also drew forth a bottle of whiskey and invited the Indians to drink. To inspire Butler with greater coufidencQ, he leaned his rifle against a tree, vainly hoping, by this demeanour, to appease the resentment which but too plainly burned in the bosom and flashed from the eyes of his antagonist. To the enquiry about a supply of corn, no answer was made by Butler, who manifested a stubborn indiflerence to the negotia* tion. He continued mounted and rode partly around the white men, with the supposed intention of either separating Hubbardt from his gun, by running his horse in between him and the tree, or of getting them both in the range of his dou^ ble-barrelled rifle, and of killing the principal and his second at one shot. Hubbardt, however, was not less eagle-eyed than he was brave, and taking his position near his gun, de« termined, that while he made no aggression upon others, be would not allow himself to be deprived of the means of defence. The negotiation was now ended - not another word was uttered. Though all verbal communication was suspended, it was not difficult to read in their expressive countenances, the reckless determination of the two principals. Their companions remained spectators of the conduct of their chiefs - each of them aware that the fate of his friend might be decisive of his own.

Hubbardt knew that to resume his rifle, in the present posture of things, would be construed as a breach of the existing armistice or a renewal of the war, and would expose a starving frontier to famine and to the merciless incursions of their savage neighbours. To remain unarmed wras to. invite an attack from his adversary. He avoided either. He reached his hand to the muzzle of his gun and allowed the breach to remain upon the ground ; then assu*> ming a look of stern defiance, he waited, in silence, for the attack. Butler changed the position of his horse and aimed a blow at Hubbardt, but was unable, by this manccuvre, to gain any advantage over his wary antagonist. Baffled in this expectation, he coolly surveyed him, and, quick as lightning, levelled his gun and fired. The ball passed between the ear and head of Hubbardt, and cut the hair from his temple and doing little injury to the skin, slightly stunned him. The two Indians immediately retreated. Their flight was so instantaneous and rapid that they had reached the distance of eighty yards when a ball from Hubbardt^s gun stmck Butler in the back and brought him to the ground. He begged Hubbardt, who was now approaching him, to let him alone - he was a dead man. At his own request, he uvras lifted up and placed against a tree, when ho breathed easier. To the request that he should tell them, before he died, whether his nation was for peace, he replied angril}', No. They are for war, and if you go any further thoy will take your hair. To the remark that they had belter not again go to war, for the white people would whip them, he he replied : It is a lie, it is a lie ; and making the declaration more emphatic by the addition of other ofiensive and insult-

The companion of Habbardt had his attention so wholly absorbed by the principal combatantSi thai he allowed the other Indian to escape without firing at hint. Habbardt reproached him bitterly for this neglect, and said that, if he had killed the other, intelligence of Butler's death would not have exposed the whites to immediate retaliation ; as it is» said he, the Indians will invade the settlements before they can be prepared for them.

Rumour had ascribed the disturbances on the frontier to the officers of the new government, and Governor Martin sent Samuel Henderson to the West, with instructions and foil power to examine into and ascertain the extent of the ilqfii^ ries inflicted upon the Indians, and the disaffeeUon of the western people. The governor alKo forwarded, by-MeJor Henderson, a talk from himself to the Cherokees, and a letter to General Sevier. As containing a history of the times at which they bear date, each of these papers is given at length.

Brothers : - ^I have received your talk by Colonel Martin, in behalf of yourself and all the Cherokee nation. I am sorry that you have been nneasy, and that I could not see you this last spring, as I promised you, as our beloved men met at Hillsborough had prevented me^ by agreeing and concluding among themselves, that the Great Council of the thirteen American States, at Philadelphia, should transact all affiun belonging to the Red People. . . . . -

Broilur : - It gives me great uneasiness that our people trespass on your lands, and that your young men are afraid to go a-hunting on account of our people ranging the woods and marking the trees. These things, I can assure you, are against the orders of your elder brother, and are not approved of by me and the good men of North -Carolina ; but VfhWe we were consulting our council of Philadelphia, our bad men living near your lands thought we had laid aside all government over them, and that'they had a right to do as they pleased ; and not willing to obey any law for the sake of ill gain and profit, care not what mischief they do between the red and white people, if they can enrich them- selves. Bat» brother, I know your complaints, and will endeavour to set vour minds at ease, by again ordering off all these persons from your lands, who have settled on them w^ithout your consent. Your fnend, Gen. Sevier, is made our First Warrior for the western country, to whom Cobnel Miuiinr. carries my particular directions to have these intruders moved off About the 25th of April, I propose to meet you, and such of your beloved men as will be pleased to attend, at the Great Island in Holston, or other place most agreeable to you on Broad or that river. I shall bring with me some of our first men, who will assist in the Talks, in whom, as well as myself, you can place your confidence and trust I propose to bring with me the goods, which, in my last Talk, I informed you, were intended to purchase your right and claim to some ot the lands near you, that a line be drawn and marked between yonr people and ours, which shall be the bounds in future, and over whioh cor people shall not go and settle upon, without being highly punished.

jSrotker: - In the meanwhile, 1 beg you not to listen to any bad TaBcB, which may be made by either white or red people, which may disturb onr peace and good will to each other ; and should mischief be done by any of our bad people, be patient until you hear from me, and may be certain your elder brother of North-Carolina will do every thing in his power, to give your minds satisfaction. I am told the northern Indians hare sent you some bad Talks, but do not hear them, as they wish to make variance between all the red and American people without any provocation.

Brother : - Colonel Martin, your friend, has told me your grievances. I vrish to redress them as soon as possible. I cannot come to you sooner tban I have proposed. Bad men may make you uneasy, but your elder bzotlier of North-Carolina has you greatly in his heart, and wishes to make you sensible of it

Sir ; - By Major Outlaw, I sent your brigadier's commission, which I expect you have received, and which I hope will bo acceptable to you, as also some proclamations agreeably to a request of the Legislature, to have all intruders removed off the Indian lands. I request your attention to this business, as I have received a Talk from the Cherokee nation, matly complaining of trespasses daily committing against them ; and that tneir young men are afraid to hunt, as our people are continually ranging their woods and marking their trees. The importance of keeping peace with the Indians you are sufficiently impressed with, and the povers with which you are armed, are sufiicient to check the licentious and disobedient, and remove every impediment out of the way, which may give the Indians uneasiness.

I am informed a daring murder has been committed, on one Butler, a Cherokee Indian, by Major Hubbard, of Greene county, without any provocation. I have given directions for his being apprehended and oonveyed to Burke Gaol for security, until the setting of Washington Superior Court, when he will be remanded back. Col. Gist, of Greene county, is entrusted with this service. I have directed him to call on yon for guards if the same be necessary.

You will please to write to me the first opportunity on this subject* I propose to hold a treaty with the Indians about the 25tli of Aprils at the Great Island.

Governor CasweU and Colonel Blount will be commissioners to assist at the treaty, where I shall e^cpect you to attend with such guard as will be thought necessary, and of which you will hereafter have adyioe.

jS'tr ; - With some concern, I have heard that the counties of Washington, Sullivan and Greene, have lately declared themselves independent of the State of North-Carolina, and hare chosen you gDvemor - that you have accepted the same, and are now acting with a number of officers under the authority of a now government

As I wish to have full and proper mformation on this subject^ Mqor Samuel Henderson waits upon you with this, by whom you will please to transmit me an account of the late proceedings of the people in Iha western country, that I may have it in my power to couununicate the same to the General Assembly.

The general discontent that prevailed through the state at the late Cession act, and the situation of our public accounts not being as tmvourable as they were taught to believe, caused the Assembly to repeal that act by a large majority, and to convince the people of the western country, that the state still retained her affection for, and was not desirous to part with, such a respectable body of citisens, in the present situation of affiiirs, attempted to make goveniment as easy as possible to them by erecting a new Superior Court District, creating a Brigadier- General of the Militia, and an Assistant Judge of the said Superior Court, which was, in short, redressing every grievance, and removing every obstacle out of the way that ^Icd for a separation, and which the Legislature were induced to expect from one of the members of that district, would give full satisfaction.

It has also been suggested that the Indiaii goods are to be seized, and the Commissioners arrested, when they arrive, on the business of the Treaty, as infringing on the powers of your new government ; for which reason they are stopped, and I shall not proceed with the Commissioners until we are assured how far the militia of Washington District may be relied on for guards in conducting the Treaty, whom alone I intend to call upon to attend to this business.

You will also please to inform me respecting the late Proclamations to remove off all intruders on the Indian lands, and what is done in Hubbard's case, of which I wrote you by Colonel Mardn.

Brothers : - The time is about arriving when I expected to have held a great Talk with you, as I promised by Col. Martin, and hope you will not charge me with being mlse and faithless to my promise, when I ex- plain to you the reason why this business is obliged to be put off to some longer time. I am sorry to give you this information, as the &ult 18 not youiB or mine ; but, from a circumstance I could not have foreseen, would have happened, while we were preparing to see each other to exchange mutual pledges of lasting friendship. A String.

Our brothers, the white people between the mountains and you, wish to have a council of beloved men and government separate irom your elder brothers of North-Carolina, with whom they heretofore sat and held all their councils in common.

Your elder brothers are not yet agreed to their separation from themi till they are a more numerous and stronger people, till we have held Talks together on the terms of the separation, and till the great (}ouncil at New- York' are agreed ; while these things are settling among ourselveSi the talkinff with you must be delayed^ as the meeting must be on the ground where they live, and from whom we must procure things neeeaaary for the support of you and us ; and by this Talk we intend to make a chairs of friendship strong and bright, that will last forever between you and all your elder brothers, more especially those who live near von. We wish to have their full consent and hearty assistance as one people in this business. A String.

Brothtrn : - Be'not discouraged at this delay. Whatever disputes may be between your elder brothers, I trust it will not concern you, more tban yon may think the time long we may take up in understanding ooieelves. Li the meantime, I, as your elder brother, request you to be peaeeably disposed to all the white people who are our brothers, and not iuftr any misdiief to be done to them, either to their persons or property, nor listen to any ill Talks which may be offered you, either from the red or white bad people ; but should any injury be done you by the white people near you, complain to their head and beloved men, who I hope will give you redress, till the way is clear for you and us of North- Carolina to see each other. A String.

Brothtn: - ^The time is shortly to be, by the nature of our government, when I am to become as a private brother, but the eood Talks that have passed between us will not be forgotten. I will deliver them carefully to my successor. Governor Caswell, who loves you, and wishes to Tau with you in the same manner I have. He will have the conducting <rf the future Talks with you, which I hope will always be to our mutual satisfaction. -

Sir : - ^Tou will please to repair with despatch to Gleneral Sevier, and deliver him the letters herewith handed you, and request his answer. You will make yourself acquainted with the transactions of the people in the western country, such as their holdiDg a Convention, and learn whether tlfe same be temporary, to be exercised only during the time of the late Cession act ; ana that since the repeal thereof, they mean still to consider themselves citizens of North-Carolina, or whether they intend the same to be perpetual, and what measures they have taken to support such government. That you procure a copy of the constitution, and the names of such officers at present exercising the powers of the new government That you be informed whether a &otion of a few leading men be at the head of this business, or whether it be the sense of a large majority of the people that the state be diimcnibered at this crisis of afihirs, and what laws and resolutions are formed for their future government ; also, where the bounds of thdr new state are to extend, and whether Cumberland or Kehtuckv, or both, are to be included therein, and whether the people of those places have also taken part in the above transactions. You will learn the temper and disposition of the Indians, and what is done in Hubbard^a case, and how his conduct is approved or disapproved in general. Lastly, every other information you think necessary to procure, you will conununicate to me as soon as possible ; at the same time you will conduct yotinelf with that prudence you are master of, in not throwing out menaces, or making use of any language that may serve to irritate persons ooncemed in the above measures.

The authorities of North-Carolina were not long allowed to remain in doabt upon the subject of the defection of the western counties. Soon after the organization of the Le^slature of the State of Franklin, and the appointment of its principal oflieers, a communication was addressed to Alexander Martin, Esq., Grovernor of North-Carolina, signed by John Sevier, Governor, and Landon Carter and William Gage, as Speakers of the Senate and House of Commons of the State of Franklin, announcing that they and part of the inhabitants of the territory lately ceded to Congress, had declared themselves independent of the State of North-Carolina, and no longer considered themselves under the sovereignty and jurisdiction of the same, and assigning the reasons for their separation. This formal Declaration of Independence, officially communicated by the functionaries of Franklin, and transmitted to the Executive of North-Caro lina, induced Governor Martin to issue his circular under date, Danbury, April 7th, 1785, to the members of Council, requiring them to meet him at Hillsborough on the 22d inst. In his circular, lie goes on to say that the inhabitants of the western counties **had declared themselves independent of the State of North-Carolina, and have refused, and do refuse, to pay obedience to the jurisdiction and sovereignty of the same ;" and he convenes them at Hillsborough, ''then and there in your wisdom to deliberate and advise the measures necessary to be taken on this occasion."

Three days after the meeting of his Council, Governor Martin issued a Proclamation as follows : - '^Whereas, I have received undoubted information of the revolt of the inhabitants of Washington, Greene and Sullivan counties, who have declared themselves independent of the State of North-Carolina, under the name of the State of Frankliriy^ and then convenes the Legislature at Newbern, on the 1st of June.

A Manifesto

Whereas, I have received letters from Brigadior-Grencral Sevior, under the style and character of Governor, and from Messrs. Landon Carter and William Cage, as Speakers of the Senate and House of Commons of the State of Franklin, informing me that they, with you, the inhabitants of part of the territory lately ceded to Congress, had declared themselves independent of the State of North-Carolina, and no longer consider themselves under the sovereignty and jurisdiction of the same, stating their reason for their separation and revolt - among which it is alledged, that the western country was ceded to Congress without their consent, by an act of the legislature, and the same was rei)ealod in the like manner.

It is evident, from the journals of that Assembly, how far that asscr^ tion is supported, which held up to public view the names of those who voted on the different sides of that important question, where is found a considerable number, if not a majority, of the member - some of whom ItfB leaders in the present revolt - then representing the above counties, in Bupport of that act they now deem iini)olitic and pretend to reprobate - which, in all probability, would not have passed but through tneir influence and assiduity - whose passage at length was eflectcd but by a small majority, and by which a cession of the vacant territory was only made and obtained with a power to the delegates to complete the same by grants, but that government should still be supported, and that anarchy prevented - which is now suggested - the western people were ready to nil into. The sovereignty and jurisdiction of the state were, by another act passed by the same assembly, reserved and asserted over the ceded territory, with all the powers and authorities as full and ample as before, until Congress should accept the same.

The last Assembly having learned what uneasiness and discontent the OessioQ act had occasioned throughout the state, whose inhabitants had not been pre\iously consulted on that measure, in whom, by the constitation, the soil and territorial rights of the state are particularly vested, judging the said act imjx^litic at this time, more especially as it would, fixr a small consideration, dismember the state of one half of her territo- rj, and in the end tear from her a respectable body of her dtiiens, when no one state in the Union had parted with any of their citizens, or given anything like an equivalent to Congress but vacant lands of an equivocal and disputed title and distant situation ; and also conudering that the said act, by its tenor and purport, was revocable at any time before the cession should have been comi>leted by the delegates, who repealed it by a great majority ; at the same time, the Assembly, to convince the people of the western country of their affection and attention to thor mterest, attempted to render government as easy as possible to them, by removing the only general inconvenience and grievance they might labour under, for the want of a regular adminiRtration of criminal ju»- tice, and a proper and immediate command of the militia ; a new district was erected, an assistant judge and a brigadier-general were appcHDted.

Another reason for the revolt is assigned, that the Assembly on the Cession act stopped a quantity of goods intended for the Cherokee In* dians, as a compensation for their claim to tlie western lands ; and that the Indians had committed hostilities, in consequence thereof. Tlie journals of the Assembly evince the contrary ; that the said goods were still to be given to the Indians, but under the regulations of Congress, should the cession take place ; which occasioned the delay of not irnme* diately sending them forward ; of which the Indians were immediately notified, and I am well informed that no hostilities or mischiefs have been committed on this account ; but, on the other hand, that provocations have been, and are daily given, their lands trespassed upon, and even one of their chiefs has been lately murdered, with impunity.

On the repeal of the Cession act, a treaty was ordered to be held with the Indians, and the goods distributed as soon as the season would permit; which, before Ibis, would have been carried into effect, had not the face of affairs been changed.

Under what character, but truly disgraceful, could the State of North- Carolina suffer treaties to be held with the Indiaa*^, and other business transacted in a country, where her authority and government were rejected and set at naught, her officers liable to insult, void of assistance or protection.

The particulv attention the legislature have paid to the interest of the western citizens, though calculated to conciliate their affection and esteem, has not been satisfactory, it seems : but the same has been attributed to interest and lucrative designs. Whatever designs the legislature entertained in the repeal of the said act, they have made it appear that their wisdom considered that the situation of our public accounts was somewhat changed since that Assembly, and that the interest of the state should immediately bo consulted and attended to, that every citizen should reap the advantage of the vacant territory, that the same should be reserved for the jiayment of the public debts of the state, under such regulations hereafter to be adopted ; judging it illtimed generosity at this crisis, to be too lil^eral of the means that would so greatly contribute to her honesty and justice.

But designs of a more dangerous nature and deeper die seem to glaie in the western revolt. The power usurped over the vacant territory, the Union deriving no emolument from the same, not even the proportional part intended the old states by the cession being reserved, ner jurisdiction and sovereignty over that country (which, by the consent of its representatives, ^vere still to remain and be eicercised) rejected and deposed ;> her public revenue in that part of her government seized by the new authority, and not suffered to bo paid to the lawful Trcnsnrer, but appropriated to different purposes, as intended by the Legislature, - are all facts, evincing that a restless ambition and a lawless thirst of power, have inspired this enterprise, by which the persons concerned thenan, may be precipitated into measures that may, at last, bring down ruin, not only on themselves, but our country at large.

In order, therefore, to reclaim such citizens, who, by specious pretences and the acts of designing men, have been seduced from their allegiance, to restrain others from following their example who are wavering, and to confirm the attachment and affection of those who adhere to the old government, and whose fidelity hath not yet been shaken, 1 havjd thought proper to issue this Manifesto, hereby warning all persons cotioemed in the said revolt, that they return to their duty and allenriance, and forbear paying any obedience to any self-created power and authority unknown to the constitution of the state, and not sanctified by the Legislature. That they and you consider the consequences that may attend such a dangerous and unwarrantable procedure; that far less causes have deluged states and kingdoms with blood, which, at length, have terminated their existence, either by subjecting them a prey to foreign con<iuerors, or erecting in their room a despotism that has bidden defiance to time to shake off; - the lowest state of misery, human nature, under such a government, can be reduced to. That they reflect there is a national pndc in all kingdoms and states, that inspires every snbject and citizen with a degree of importance - the grand cement and BQpport of every government - which must not be insulted. That the honour of this State has been particularly wounded, by seizing that by violence which, in time, no doubt, would have been obtained by consent, when the terms of separation would have been explained and stipulated, to the mutual satisfaction of the mother and new state. That Congress, by the confederation, cannot countenance such a separation, wherein the State of North-Carolina hath not given her full consent; and if an implied or conditional one hath been given, the same hath be^n rescinded by a full Legislature. Of her reasons for so doing they consider themselves the only competent judges.

That by such rash and irregular conduct a precedent is formed for every district, and even every county of the state, to claim the right of separation and indoj)endency for any supposed grievance of the inhabitants, as caprice, pride and ambition shall dictate, at pleasure, thereby exhibiting to the world a melancholy instance of a feeble or pusillanimous government, that is either unable or dares not restrain the lawless designs of its citizens, which will give ample cause of exultation to our late enemies, and raise their hopes that they may hereafter gain, bj the division among ourselves, that dominion their tyranny and arms have lost, and could not maintain.

of tlio United States, and this state in particular, to be whoae citueitt were thi*n yonr boast, in l>eing concerned in a black and traitorous revolt from that government in whose defence you liave so copiously bled, and which, by solemn oath, you arc still bound to support .Let not Vermont be held u]) ns an (.'xample on this occasion. Vermont, we are informed, had her chiiuis for a separate government at the first existr ence of the American war, and, as such, with the other states, although not in the Univ/n, hatli exerted her ^xjwers against the late common enemy.

That you hi} not insulted or led away witli the pageantry of a modi government without the essentials - the shadow without the subatanoe - which always dazzles weak minds, and which will, in its present form and manner of existence, not only subject you to Uie ridicule and contempt of the world, but rouse the indignation of the other states in the Union at your obtruding ^'ourselves as a }K>wer among them without til -ir consent Consider what a number of men of different abilitiea will be wanting to fill the civil list of the State of Franklin, and the expense necessary to sup])ort them suitable to their various degrees of dignity, when the District of Washington, with its present offioersi might answer all the purjxxies of a happy government until the period arrive when a separation might take place to mutual advantage and Batisfactiou on an honourable footing. The Legislature will ahortlj meet, l>oforo whom the transactions of your leaders will be laid. L^ your representatives come forward and present every grievance in a coastitutional manner, that Uiey may be redressed ; and let your tormi of sepanition be proposed with decency, your proportion of the public debts ascertained, the vacant temtory appropriated to the mutual benefit of both parties, in such maimer and proi)ortion as may be juat and reasonable ; let your j)roposals bo consistent with the honour of the stito to accede to, which, by your allegiance as good citizens, you cannot violate, and I make no doubt but her generosity, in time, will meet your wishes.

^^ ]3ut, on the contrary, should you be hurried on by blind ambition to pursue your present unjustifiable nioiisures, which may oj^en afresh the wounds of this late bleeding country, and plunge it again into all the miseries of a civil war, which God avert, let the fatal consequences bo charged upon the authors. It is only time which can reveal the evenU I know with reluctance the state will be drlvin to arms ; it will be the last alternative to imbrue her hands in the blood of her citizens ; but if no other ways and moans are found to save her honour, and reclaim her head-strong, refractory citizens, but this last sad expedient, her resources are not yet so exhaust<3d or her spirits damped, but she may take aatiftfaction for this great injury received, regain her government over the revolted territory or render it not worth possessing. But all these effects may be prevented, at tliis time, by remoWng the causes, by those who have revolted returning to their duty, and those who have stood firm, still continue to support the government of this state, until the consent of the legislature be fully and constitutionally had for a separate sovereignty and jurisdiction. All which, by virtue of the powers and authorities which your representatives and others of the state at large have invested me with in General Assembly, I hereby will command and require, as you will be liable to answer all the pains and penalties that may ensue on the contrary.

Given under my hand and the Great Seal of the State, which I have caused to be hereunto affixed, at Ilillsborough, the twontvlifth day of April, in the year of our Lord 1785, and ninth year of the Independence oi the said State.

Alexander Martin

A document such as this, emanating from the highest authority known to the sovereignty of North-Carolina, conceived in language and spirit at once conciliatory and respectfuly though earnest and firm, could not be wholly disregarded, and was not without its influence upon the reflecting and considerate. Copies of it, in manuscript, were distributed, and read amongst the citizens of the new state. A closer scrutiny into the measure of separation that had been adopted, was instituted. A few had, from the first, advised adherence to the mother state. Their number had increased^ after the repeal of the Cession act. To such, the Manifesto of Governor Martin furnished new weapons against Franklin and their present rulers. But no one contemplated or advised a permanent connection between North-Carolina and her western counties, as a return to their former allegiance must soon be succeeded by another separation from her, perhaps not less difHcuIt, or of less questionable validity. The policy of ceding the western territory to Congress, might ultimately be re-adopted, and the existing imbecile condition <if the Confederacy, led no one to think favourably of that alternative. A very large majority of the people, therefore, remained firm in their attachment to the new commoniTvealth; its machinery worked well. Law was, thus far, effectually administered. Treaties, for the acquisition of new Indian lands, were contemplated, the settlements were dally augmenting in number and strength, and the new government was acquiring vigour and stability, from a proposed annexation of a part of Virginia. Besides this, there was a charm in the idea of independence. The Manifesto itself evidently contemplated, and seemed to sanction, a separation, not improbable at an early day ; and as, in the minds of most men, the question was one merely as to time, it was almost unanimously determined by the people to maintain their present position. The authorities of Franklin so decided also. Governor Sevier, accordingly^ on the fourteenth of May, addressed to Governor Caswell, who had succeeded Martin in the executive chair of North-Carolina, his Manifesto, setting forth the proceedings of the State of FraiUcIiOt and answering, in detail, the complaints made against it by Governor Martin. Governor Sevier writes to Governor Caswell under date :

Sir : - Governor Martin has lately sent up into our ooantry a Muufesto, together with letters to private persons, in order to stir up sedition and insurrection, thinking, thereby, to destroy that peace and tranquillity, which have so greatly subsisted among the peaceful citixent of tiiis country.

First in the Manifesto, ho charges us with a revolt from North-Caio- Una, hy declaring ourselves independent of that state. Secondly, that' designs of a more dangerous nature and deeper die seem to glare in tho western revolt, the power being usurped over the western vacant territory, the Union deriving no emolument from the same, not even the part intended for North-Carolina by the cession, and that part of her revenue is seized by the new authority and appropriated to dilierent purposes than those intended by your legislature. .

His Excellency is pleased to mention that one reason we have assigned for the revolt, as he terms it, is that the goods were stopped from the Indians, that were to compensate them for the western lands, and that the Indians had committed murders in consequence thereof. He is also pleased to say that he is well informed to the contrary, and that no hostilities have been committed on that account ; but on the other hand, provocations are daily given the Indians, and one of their chie& murdered with impunity. In answer to the charge relative to what His Excellency is pleased to call the revolt, I must beg leave to differ with him in sentiment on that occasion ; for your own acts declare to the world tliat this country was ceded off to Congress, and one part of the express condition was, that the same should be erected into one or more states ; ixnd we believe that body was candid, and that they fully believe a new state would tend to the mutual advantage of all parties ; that they were as well acquainted with our circumstances at that time, as Governor Martin can be since, and that they did not think a new government here would be led away by the pageantry of a mock government without the essentials, and leave nothing among us but a shadow, as represented by him.

into total roin, and laying a plan to destroy that part of her citizens she so often frankly confessed saved the parent state from ruin. But the people here, neither at that time nor the present, having the most distant idea of any snch intended deception, and at the same time well knowing how pveeaingly Congress had requested a cession to be made of the western territory ever since the t)th of September and lOthofOcto* ber, inthe year 1780 - these several circumstances, together with a real necessity to prevent anarchy, promote our own happiness, and pro- Tide against the common enemy, that always infest this part of the worid, induced and compelled the people hero to act as they have done innocently : thinking, at the same time, your acts tolerated them in the eeparation. Therefore, we can by no means think it can be called a revolt or known by such a name. As to the second charge, it is entirely groundless. We have by no act, whatever, -laid hold of one foot of the land, neither have we appropriated any of the same to any of our nee or uses, but intend everything of that nature for further deliberation, and to be mutually settled according to the right and claim of each

As to that part of seizing the public money, it is groundless as the former. For no authority among us, whatever, has laid hold of or appropriated one farthing of the same to our uses in any shape whatever, out the same is still in the hands of the sheriff and collectors. And on ihe other hand, we have passed such laws as will both compel and justify tibem in settling and paying up to the respective claimants of the same ; all which will appear in our acts, which will be laid before you and fully evince to the reverse of Governor Martinis charge in the Manifesto.

Very true, wo suggest that the Indians have committed murders in oonsequenoe of the delay of the goods. Nearly forty people have been murdered since tho Cession Bill passed, some of which lived in our own counties, and the remainder on the Kentucky Path ; and it is evidently known to the Cherokees, and their frequent Talks prove, they are exasperated at getting nothing for their lands, and in all probability had their goods been furnished, no hostilities would have been committed.

The murder committed with impunity, alluding to Major Hubbard's Idlling a half-breed, which Governor Martin calls a chief (but who was never any such thing among the Indians). We can't pretend to say what information His Excellency has received on this subject, moro than the others, or where from. This we know, that all the proof was liad against Hubbard that ever can bo had, which is, the Indian first sfemok, and then discharged his gun at Hubbard, before tho Indian was killed by Hubbard. As Governor Martin reprobates the measure in so great a degree, I can't pretend to say what he might have done, but must believe, that had any other person met with the same insult from one of those bloody savages, who have so frequently murdered the wives and children of the people of this country for many years past, I say had they been possessed of that manly and soldierly spirit that be- OODies an American, they must have acted like Hubbard.

The menaces made use of in the Manifesto will by no means intinur date us. We mean to pursue our necessary measures, and with the fullest confidence believe that your legislature, when- truly informed of our civil proceedings, will iind no cause for resenting anything we have done.

Most certain it is, that nothing has been transacted here oat of m disregard for the parent state, but we still entert«n the same lofpi opinion and have the same regard and afifection for her, that ever we had, and would be as ready to step forth in her defence as ever we did, should need require it /

Also our iicts and resolutions will evince to the worlds that we hsfe paid all due respect to your state. First, in taking up and adoptiiig her constitution and then her laws, together with naming several neir counties and also an academy after some of the first men in your state*

The repeal of the Cession act we cannot take notice of^ as we had« declared our 8(^parat]on before the repeal. Therefore, we are bound to support it with that manly firmness that becomes freemen.

Our Assembly sits again in August, at which time it is expected commissioners will be appointed to adjust and consider on such matten of moment, as will be consistent with thcf honour and interest of eaek party.

The disagreeable and sickly time of the year, together with the great distance from Newbem,as also the short notice, puts it out of the power of any person to attend from this quarter at this time.

Our agent is at Congress, and we daily expect information from that quarter, res|)ectiDg our present measures, and hope to be adviaed thereon.

We are informed that Congress have communicated to your state respecting the repeal of the Cession act. Be that as it may, I am autliorized to say nothing will be lacking in us, to forward everything that will tend to the mutual benefit of each party and conciliate all matters whatever.*

In this, sir, you have stated the different charges mentioned in Governor Martin's Manifesto, and answered tliem by giving what I understand to be the sease of the people, and your own sentiments, with respect to each charge, as well as the reasons which governed in the measures he complained of.

* For this letter, I am indebted to the politeness of Hon. D. L. Swain. It is extracted from the letter book of Gov. Caswell in his poseessioo.

Draws From Sevier Further Vindication

I have not seen Gk)vernor Martin's MaDifesto, nor have I derived so full and explicit information from any quarter as this you have been pleased to give me. As there was not an Assembly, owing to the members not attending at Oovemor Martin's request, the sen^e of the Legislatiire, on this business, of course, could not be had, and as you give me assurances of the peaceable disposition of the people, and their "Wish to conduct tliemselvcs in the manner you mention, and also to send persons to adjust, consider and conciliate matters, I sup])Ose, to the next Assembly, for the present, things must rest as they are with respect to the subject matter of your letter, which shall be laid before the next Assembly. In the meantime, let mo entreat you not, by any means, to consider this as giving countenance, by the executive of the state, to any measures lately pursued by the people to the westward of the mountains.

With regard to the goods intended, by the state, for the Indians as a compensation for the lands, they, I believe, have been ready for many months, at Washington, and if I can procure wagons to convey them to the place destined, (the Long Island,) I mean to send them there to be disposed of according to Uie original intention of the Assembly, and will either attend myself or appoint commissioners to treat wiUi the Indians ; but in this, you know, it is necessary that whoever attends should be protected by Uie militia, and, under the present situation of a&iiSy it is possible my orders may not be attended to in that particular ; and however a man may submit to these things in a private character, he may be answerable to the people, at least they may judge it so, in a public situation. Therefore, without your assurances of the officers and men under your command being subject to my orders in this case, as matteis stand, I think it would be imprudent in me to come over or send commisuoners to treat with the Indians. Of this you will be pleased to write me the first favourable opportunity. It is my wish to come Ofer myself, and if matters turn so that I can with convenience, it is piobable I may.

Sir: - Having wrote you fully, in my letter of the 14th May last, lelative to the proceedings of the State of Franklin, and answered some complaints set forth in Governor Martin's Manifesto in the same, I shall now only take the liberty to inform your Excellency that our Assembly have appointed a person to wait on your Assembly, with some resolves entered mto by our Legislature.

PSermit me to assure your Excellency that it was not from any disgust or uneasiness that we had, while under the parent state, that occ:isioned the separation. Our local situation you are sufficiently acquainted with, sod your Cession Act, together with the frequent requisitions from Congress, had convinced us that a separation would inevitably take place, and, at the time of our declaration, we had not the most distant idea that we should give any umbrage to our parent state, but, on the other hand, thought your Legislature had fully tolerated tlie separation. I am able, in truth, to say that the people of this country wish to do

The people of this state regard North-Carolina with particular affection, and will never cease to feel an interest in whatever may concern her honour and safety, and our hearty and kind wishes will idwajB attend the parent state.

Before this letter was written, Governor Sevier had, in \ conjunction with other commissioners, under the aa- ( thority of Franklin, already concluded a satisfactory treaty with the Indians, and felt neither the disposition nor the necessity of replying to that part of Governor Caswell's letter, which related to Indian affairs. It seems to have been wholly disregarded west of the mountains ; for, in August, as had been provided for, the Assembly of Franklin met again, and legislated further in promotion of the ulterior views of the new government. At this session, a law was passed, encouraging an expedition that was to proceed down the Tennessee, on its western side, and take possession of the great bend of that river, under titles derived from the State of Georgia.

In the meantime, Colonel Joseph Martin, whose name is found amongst the members of the iSrst convention at Jonesborough, in discharge of his duty as Indian Agent for North-Carolina, had visited the Cherokee nation. Arrived at the Beloved Town, he writes to Governor Caswell, under date,

Dear Sir: - ^Your Excellency's favour of the l7th June, by Mr. Avery, never came to hand until the iOth inst I 6nd myself under some concern, in reading that part wherein I am considered a member of the new state. I beg leave to assure your Excellency, that I have* no part with them, but consider myself under your immediate direction, as agent for the State of North-Carolina, until the Assembly shall direct otherwise. I am now on the duties of that office, and have had more trouble with the Indians, in the course of the summer, than I ever had, owing to the rapid encroachments of the people from the new state, toge^er with the Talks from the Spaniards and the Western Indians.

These Talks^ as further communicated by Colonel Martin, indicated renewed hostilities from several Indian tribes, instigated by the Spaniards, who were urging their claims to much of the western country, and to the exclusive navigation of the Mississippi River.

Enclosed Talks From Chota

CnoTA, 19th September, 1786. Brother : - ^I am now going to speak to you ; I hope you will hear mc. I am an old man, and almost thrown away by my elder brother. The ground I stand on is very slippery, though I still hope my elder brother will hear mo and take pity on me, as we were all made by the same Great Being above ; we are all children of the same parent I therefore hope my elder brother will hear me.

You have often promised me, in Talks that you sent me, that you would do me justice, and that all disorderly people should be moved off our lands ; but the longer we want to see it done, the farther it seems o£ Your people have built houses in sight of our towns. We don't want to quarrel with you, our elder brother ; I therefore beg that you, our elder brother, will have your disorderly people taken off our lands immediately, as their being on our grounds causes great uneasiness. We aie very uneasy, on account of a report that is among the white people that call themselves a new people, that lives on French Broad and Nolechuckey ; they say they have treated with us for all the lands on Little Biver. I now send this to let my elder brother know how it if. Some of (hem gathered on French Broad, and sent for us to come and treat with them ; but as I was told there was a treaty to be held with us, by orders of the great men of the thirteen states, we did not go to meet them, but some of our young men went to see what they wanted. They first wanted the land on Little River. Our young men told Uiem that all their head men were at home ; that they had no authofitj to treat about lands. They then asked them liberty for those that were then living on the lands, to remun there, UU the head men of their nation were consulted on it, which our young men agreed to. Since tlien, we are told that they claim all the lands on the waters of Little Krer, and have appointed men among themselves to settle their dispntes on our lands, and call it their ground. But we hope you, our elder broiher, will not agree to it, but will have them moved off I also beg that you will send letters to the Great Council of America, and let ihem know how it is ; that if you have no power to move them off, ther have, and I hope they will do it i once more beg that our elder brother will take pity on us, and not take oar ground m>m us, because he is stronger than we. The Great Being abore, that made us all, placed us on this land, and gave it to us, and it IS ours. Our elder brother, in all the treaties we ever had, gave it to US aho, and we hope he will not think of taking it from us now.

I have sent with this Talk a string of white beads, which I hope my alder brother will take hold of, and think of his younger brother, who is now in trouble, and looking to him for justice. Given out by the Old Tassel, for himself and whole nation, in presence - of the head men of the Upper and Lower Cherokees, and interpreted by me.

The intelligence communicated thus by Martin to Gov. Caswell, of the hostile intentions of the Indians, and especiallj^ of the policy of the Spaniards relative to their claims upon the Mississippi, had also reached the people of Franklin, and furnished additional arguments for a continued separ ration from the parent state. As the interests and dangers of the western people were peculiar, they chose to exercise the control of their own policy and means of defence, and to adapt these to the exigencies of their condition. Motoal exposure and common wants had generated a close alliance between themselves and the inhabitants of the coterminons section of Virginia ; and the contagion of independence and separation extended to Washington county of that state» and threatened the dismemberment of the Old Dominion. Patriok Henry was at that time in the executive chair, and at once communicated to the Legislature of Virginia the intelligenee of the disaffection in Washington county, in the following message :

I transmit herewith, a letter from the honourable Mr. Hardy, corering a memorial to Congress from sundry inhabitants of Washingtdki county, praying the establishment of an indenendent state, to ba bounded as is therein expressed. The proposed limits include a vast eitent of country, in which we have numerous and very respectable settlementA, which, in tlicir growth, will form nn invaluable barrier between this country and those, who, in the course of events, may occupy the vast places westward of the mountains, some of whom have views incompatible with our safety. Already, the militia of that part of the stat(? is the most respectiiblo we have, and by their means it is that the neighlx)uring Indians are awed into professions of friendship. But a circumstance has lately happened, which renders the possession of the territory at tlio present time indispensable to the peace and safety of Virginia ; I moan tlie jissuniption of sovereign power by the western inhabitants of North-Carolina. If the y>eople who, without considting their own safety, or any other authority known in the American consf tution, have assumed government, and while unallied to us, and under no engag(Mnents to pursue the obj(?cts of tlio federal government, shall be strengthened by the accession of so great a part of our country, consequences fatal to our repose will probably follow. It is to be observed, that the settlements of this new society stretch into a great extent in contact with ours in Wasliington county, and thereby expose our citizens to the contagion of the example which bids fair to destroy the peace of North-Carolina. In this state of things it is, that variety of mformation has come to me, stating, that several persons, but especially CoL Arthur Campbell, have usea their utmost endeavours, and with

BOOoeM, to persuade the citizens in that quarter to break off from this eommonwealth, and attach themselves to the newly assumed government, or to erect one distinct from it And to effect this purpose, the eoualify and authority of the laws have been arraigned, the collection or the taxes impeded, and our national character impeached. If this most important part of our territory be lopped ofl^ we lose that barrier for which our people have long and often fought ; that nursery of -oldiem, from which future armies may be levied, and through which it will be ahnoet impossible for our enemies to penetrate. We shall aggrandiie the new state, whose connexions, views and designs, we know not; shall oease to be formidable to our savaee neighbours, or respecta- Ue to oar western settlements, at present or m future.

''Whilst these and many other matters were contemplated by the Siicntive, it is natural to suppose, the attempt at separation was disoonniged by every lawful means, the chief of which was displacing such of the field officers of the militia in Washington county as were active partiiaiis tm separation, in order to prevent the weight of office being put in the scale ^^ainst Virffinia. To this end, a proclamation was jMoedy declaring £e militia hws of the last session in force in that county, and appointments were made agreeable to it I hope to be excused nr ezpreising a wish, that the Assembly, in deliberating on this affiur, wfll prefer lenient measures, in order to reclaim our erring citizens. Tbiear taxes have run into three years, and thereby grown to an amount lM|y<»id the ability of many to dischai^e ; while the system of our trade lias been such, as to render their agriculture unproductive of money. And I eannot but suppose, that if even the warmest supporters of sepaifttion had seen the mischievous consequences, they would have retraced n^conndered that intemperance in their own proceedings, which opposrami in sentiment is too apt to produce."

Hie limits proposed for the new government of Frankland, by Gol. Arthur Campbell, and the people of Virginia, who aimed at a separation fi:om that state, were expressed in the form of a constitution which CoL Campbell drew up for public examination, and were these : Beginafaig at a point on the top of the Alleghany or Apalachian Mountains, as a line drawn due north from thence will touch the bank of New Bivff, otherwise called Eenhawa, at the confluence of Little River, which is about one mile above Ingle's Ferry ; down the said river Eenhawa to the month of the Rencovert, or Green Briar River ; a direct line from Ihence, to the nearest summit of the Laurel Mountain, and along the faighest part of the same, to the point where it is intersected by the parallel of thirty-seven deg. north latitude ; west alons that latitude to ft point where it is met by a ^meridian line that passes £rough the lower part of the rapid of Ohio ; south along the meridian to Elk River, a Dranch of the Tennessee ; down said river to its mouth, and down the Tennessee to the most southwardly part or bend in said river ; a direct fine from thence to that branch of the Mobile, called Donbigbee ; down river Donbigbee to its junction with the Coosawattee River, to tha. month of that branch of it called the Hightower ; thence south, to the top of the Apalachian Mountain, or the highest land that divides the

«omceB of tbe eastern from tbe wteteni waien ; northwardlyi Amg te middle of said heights, and the top of the Apalachian Moantain,toflHi beginning. It was staled in Uie proposed form, that the inhaUtiati wiuiin these limits agree with each other to form themselves into a htby aovereign and independent bodj politic or state, by the nameoftks conunonwealth of Frankland. The laws of the Legislatare .were to bi enacted by the General Assembly of the commonw^th of FranUaad; and all the laws and ordinances which had been before adopted, nsedaai tt>proved in the different parts of this state, whilst under the jonrili* tion of Yiiginia and North-Carolina, shall still remain the role of dfiSjr sion in all cases for the respective limits for which they were ferme^f adopted, and shall continue in (uU force until altered or repealed bj tnl Legislature ; such parts only excepted, as are repugnant to the i%liti and liberties contained in this constitution, or those of Hub aad respective states.*

The mcklcontents in Virginia had thus affixed sack bomr daries to their proposed commonwealth, as embraced ntt only the people and State of Franklin, but much of thie teni* tory of Virginia and the preaent Rentucky on the norths aal of Georgia, and what is now Alabama, on the aonth. Tba western soldiery had carried their conquests nearly to thoiiii limits, and it was probably the right of conquest alone, wUdr suggested the extent of the new state. The magnifioent project of the Virginia Franks received the support of few. men anywhere, and was abandoned soon after by its friei^t

It was not so with the revolted people of North-Carolina. They continued to exercise all the functions of an indepen^ dent government, and under forms anomalous and perplexing beyond example, were adopting measures to improve and perfect their system, and maintain their integrity and separap tion. Thus far they had legislated and administered law, had held treaties and acquired territory, under the expedient of a temporary adoption of the constitution of the parent state. It remained yet for the people to adopt or r^ect the form of government that had been prepared by the convention to whom that duty belonged. That body, and also the Franklin Assembly, at its August session, had recommended to the people to choose a convention for the purpose of ratifying the proposed constitution, or of altering it as they should instruct. The election was held accordingly. It is not known who were the deputies chosen. The names of nineteen only of them have been preserved. They are Da- Tid Campbell, Samuel Houston, John Tipton, John Ward, Robert Love, William Cox, David Craig, James Montgomery, John Strain, Robert Allison, David Looney, John Blair, James White, Samuel Newell, John Gilliland, James Stuart, George Maxwell, Joseph Tipton and Peter Parkison. These are found jigned to a protest against part of the proceedings. The convention was probably larger than either of those previously held. The form of government that ha^ been prepared tot the consideration of the people, had excited acrimonious debates and great contrariety of opinion. Some of its provisions being novel, were viewed as innovations upon the law and usages to which the voters were accustomed. In- -Iruetions were poured in upon the convention from all parts at the country in opposition to the exceptionable clauses. jSucb diversity of opinion existed as to cause its immediate ligeotion.'

In their deliberations on a subject so new to most of the members, and in the details of which few in the country had either knowledge or experience to direct them, many propositioas were made and suggested for examination merely, Which were afterwards withdrawn by the movers themselves.

In anticipation of the meeting of this convention, Mr. Houston ^'had, with the advice and assistance of some judicions friends, prepared in manuscript A Declaration of Rights and a Constitution, made by the representatives of the freemen of the State of Frankland, which being read on the iSrst day of the meeting, he moved that it be made the platform of the new constitution, subject to such alterations and flumendments as a majority might think proper. Another member moved that the Rev. Hezekiah Balch, a spectator, bat not a member, should have leave to offer some remarks upon the subject ; which being granted, Mr. Balch animadverted severely upon the manuscript constitution, as prepared and read by Mr. Houston, and especially upon the section of it respecting an Institution of learning. As already mentionedy the Frankland Constitution was rejected by a small majority. The president, General Sevier, then presented the constitution of North-Carolina, as the foundation of that of the new state. A majority of the house sustaining this proposition, they proceeded to remodel the North-Carolina Constitution, making only a few necessary alterations. This was, in a short time after, adopted by a small majority."

*' A variety of names was pnoposed for the new commonwealth. Some were for calling it Franklin, in honoar of Benjamin Franklin, of Philadelphia ; others Frankland, as the land of freemen. But it was decided by a meyority (small) in favour of calling it Franklin." *

The rejection of the Frankland Constitution induced its friends to have it published with an explanatory Introduction, written by some of the minority. At the same time there was published a pamphlet, on the '* Principles of Republioaa Grovernment, by a Citizen of Frankland." These publications were made at the instance and expense of the Frankland Commonwealth Society. Francis Bailey, of Philadelphia^ was the printer. Of this society, Mr. Houston was an active member.f

Some proceedings of this convention are found published as a preface to the Declaration of Rights and Constitution as presented to the convention, and afterwards published in pamphlet form. They are copied.J t Several vcars since, this writer, in a communication addressed to Hon. Hitchell King, of Charleston, S. C, and extensively published in the Courier and eUewhere, vindicated at some length, his own accuracy in calling the new atato Franklin, and not Frankland, as adopted by several writers and some bistorianfl. It is deemed unnecessary to extract, here, a line from that communicatioD or to renew the argument, as almost every original letter and official paper published in these sheets fortify and authorize his position, and furnish irrefragable proof of its correctness. The question is nd longer debatable.

X This pamphlet is out of print, and cannot now be found. For the copy here republished, and believed to be the only one extant, I am indebted to the late Col. Geo. T. Gillespie. It was found amongst the papers of Landon Carter deceased. Secretary of State under the Franklin Government The pamphlet ia, in some places, so worn as to be almost illegible, and one page, at leaat it wanting.

A Declaration Of Rights

8. That no man, or set of men, arc entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services.

b. That all powers of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

7. That, in all criminal prosecutions, every man has a right to be informed of the accusation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.

9. That no freeman shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used.

11. That general warrants, whereby an officer or messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

12. 'niat no freeman ought to be taken, imprisoned, or disseized of ills freehold, liberties, or privileges, or outlawed, or exiled, or in any mamier destroyed or deprived of his life, liberty, or property, but by the law of the land.

18. That every freeman, restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful ; and that such remedy ought not to be denied or delayed.

14. That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.

16. That the people of this State ought not to be taxed, or made -ulgeet to payment of ai\y impost or duty, without the consent of them* Mtres, or taeir repreeentatives, in General Assembly, freely given.

17. That the people have a right to bear arms for the defence of ib» State ; and as stanaing armiee, in time of peace, are danfleroiii to liberty^ they ought not to be kept up ; and that the mUitanr uiould ba kept under strict subordination to, and governed by, the civil power.

18. That the people have a right to assemble together, to conault ior their common good, to instruct their representativesi and to iqppljr to the Legislature for redress of grievances.

24. That retrospective laws, punishing acts committed befate tiba existence of such laws, and by them only declared criminal, are oTOtes. aive, unjust, and incompatible with liberty; therefore no ex poH jwi9 law ought to be made.

This State shall be called the Commonwealth of Franklandy and shall be governed by a General Assembly of the representatives of tba freemen of the same, a Governor and Ck)unci], and proper courts of justice, in the manner following, viz :

Section 1. The supreme legislative power shall be vested in a single House of Representatives of the freemen of the commonwealth of Frankland.

Sec* 2. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be choaen equally and adequately according to the number of freemen in the commonwealth ; provided when the number amounts to one hundred it shall never exceed it, nor be ever afterwards reduced lower than eighty and every county shall annually send the number apportioned to it by the General Assembly.

Sec, 3. No person shall be eligible to, oivhold a seat in, the House of Representatives of the freemen of this commonwealth, unless he actually resides in, and owns land in the county to the quantity of one hundred acres, or to the value of ^hy pounds, and is of the full age of twenty-one years. And no person shall be eligible or capable to serve in this or any other oflke in the dvil department of this State, who is of an immorarcharacter, or guilty of such flagrant enormities as drunkenness, gaming, profane swearing, lewdness, sabbath breaking, and such like ; or who will, either in word or writing, deny any of the following propositions, viz :

And no person shall be a member of the House of Representatives, who holds a lucrative office either under this or other States ; that is, has a fixed salary or fees from the State, or is in actual military service and claiming daily pay, or minister of the gospel, or attorney at law, or doctor of physic.

See. 4. Every free male inhabitant of this State, of the age of twentyone years, who shall have resided in this State six months immediately preceding the day of election, shall have a vote in electing all officers chosen by the people, in the county where he resides.

See. 5. The House of Representatives of this commonwealth shall be aWled the General Assembly of the Representatives of the Freemen of Jrrankland ; and shall have power to choose their own Speaker, and all other officers, Treasurer, Secretaiy of State, Superior Judges, Auditors, members to Congress. They shall have power to sit on their own adjournments ; to prepare bills, and to enact them into laws ; to judge of the elections of, and qualifications of, their own members. They may expel a member, but not a second time for the same cause ; they may administer oaths on the examination of witnesses, redress grievances, impeach State criminals, grant charters of incorporation, constitute towns, cities, boroughs, and counties, and shall have all other powers neceaaaiy fbr the Legislature of a free State or commonwealth. But they ^phall have no power to add, alter, abolish, or infringe any part of the Conatitution.

Two-thirds of the whole members elected shall constitute a House, (and the expense from the appointed time 'till they make a House, shall be laid on absentees, without a reasonable excuse,) and hanng met and chosen their Speaker, shall, each of them, before they proceed to busiiiess, take and subscribe, as well the oath of fidelity and allegiance bereafter directed, as the following oath -

** I, A.^B.y do swear. That, as a member of this Assembly, I will not propose or assent to any bill or resolution, which shall appear to me injurious to the people, nor do, nor consent to any act or tiling whatever, that shall have a tendency to lessen or abridge the rights and privileges as declared in the Constitution of this State ; but wiU in all things conduct myself as a faithful honest representative and guardian of the people, according to the best of my judgment and abilities. So help m$ ChAP this State shall sit in Oeneral Anembly, shall be and remnn qMB, fa the admisBioii of all persons who shJl behave decently ; ezo^ whn the good of the commonwealth requires them to be shut

See. 6. The votes and proceedings of the General Assembly shall Is printed weekly, during their sitting, with the Yeas and Nays on ma question, vote, or resolution, (except when the vote is taken hw baUo!) when any two members reouire it ; and evenr member shw ^v^^* light to insert the reasons of his vote upon the Journals, if he desires it

See, 7. That the laws, before they are enacted, may be more matofsfy considered, and the danger of hasty and injudicious determinationa as much as possible prevented, all Bills of a public and fleneral natais shall be pnnted for the consideration of the people, before thev afe read ia the General Assembly the last time, for debate and amencunenit ; and, except on occasions of sudden necessity, shall not be passed into law* before the next session ci the Assemblv : And, for the more peifiMft satisfaction of the public, the reasons and motives for making anca lasim shall be fully and clearly expressed in the preambles.

Sec 8. The style of the laws of this commonwealth shall be, J5^ si «iaeted, and it is ker^ enacted^ by the HepreeeniaHvee of ike Frumm of ike Commonvealtk of Frankland^ in General AuenMy^ and Ay the authority (^ the same. And the General Assembly shall affix their. Seal to every Bill as soon as it is enacted into a law ; which seal ahall be kept by the Assembly, and shall be called the Seal of th§ Zotaa qf Ihinklandj and shall not be used for any other purpose.

Sec, 9. As in every free government the people have a riffht of ftae suffrage for all officers of government that can he chosen by the people^ the freemen of this State shall elect Governor and Counsellors, jTuatioea of the Peace for each county, and Coroner or Coroners, Sherifi^ and aU other such officers, except such as the Assembly are empowered to choose.

Sec. 10. All the able bodied men in this State shall be trained foe its defence, under such regulations, restrictions and exceptions as the (Jeneral Assembly shall direct by law, presening always to the people^ from the ago of sixteen, the right oft choosing their colonels, and all ^ other officers under that rank, in such manner and as often as shall be ^ by the same laws directed.

Sec, 11. The Governor of the State shall be annually chosen by thefirea suffirages of the people on the day of general election for Representatiyes for theCreneral Assembly, and the returning officers for each county shall make a fair return to the House of Representatives, of the persons voted for, and the number of votes to each, which the Assembly shall examine, and the highest in votes shall be declared constitutionally elected ; but no person shall be eligible more than three years out of seven, nor hold any other office at the same time.

Sec, 12. Thb State shall be divided into six grand divisions, each of which, as in the above mentioned sections, shall choose a Counsellor ; And these divisions shall be thrown into three classes, numbered Ist, 2d and 8d, which shall change their members in Council by rotation, be* ffinning with the first class the first year after they have served one, and file second the second year, and so on forever ; by which means aome aoqiudnted with business will be always in Coundl. And no person shall be eligible more than three years in seven, nor shall hold any other office in the State.

See. 18. The Goven^r and Council shall meet annually at the same time and place with the General Assembly : The Qovernor, or, in his absence, the Lieutenant Governor, who shall be one of their number, chosen with the rest, with the Council, (two-thirds of whom shall make a board,) shall have power to correspond with other States : to transact buainew with the officers of government, civil and military ; to prepare such business as may appear to them necessary to be laid before the General Assembly : They shall also have power to grant pardons and remit fines, in all cases whatsoever, except in case of murder, impeachment, and treason, which they may reprieve 'till the end of the next session of Aflsembly ; but there shall be no mitigation of punishment on impeachment) unless by act of the Legislature ; They are to take care that the 1aw» be £sithfully executed ; to expedite the execution of such measures as may be resolved upon by the General Assembly : They may draw upon the Treasury for such sums as shall be appropriated by the House of Representatives - tliey may also lay embargoes, or prohibit the exportation of any commodity for any time not exceeding thirty days, in the neesa of the General Assembly only : They may grant licenses, as the Imwa shall direct, and shall have power to convene the House of Representatives, when necessary, before the day to which they were adjonmed. The Governor shall be commander-in-chief of the forces of the State ; but shall not command in person, except advised thereto by iha Council, and then only for so long as they shall approve of. The Qovernor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Counsellor may enter his dissent, with his reasons in support of it

See, 14. All commissions and grants shall be in the name and by the authority of the freemen of the commonwealth of Frankland, sealed with the State seal, signed by the Governor, or, in his absence, the lieutenant Governor, and attested by the Secretary ; which seal shall be kept by the Council.

See, 15. No justice of the peace shall receive any fee, gratuity, or reward for his services as a justice ; but all other officers of this State ahall be allowed as moderate fees or salaries as possible, to be an adequate compensation for their services. And if any officer shall take other or greater fees than the laws allow, it shall ever afterwards disqualify him to hold any office in this State.

See, 16. Every officer of government shall be liable to be impeached by the General Assembly, or presented by the grand jury of any of the auperior courts, either in office, or after his resignation or removal, for mal-adoodnistration. All impeachments shall be before a temporary eourti composed of the or Lieutenant Governor, and two members of the Council, to be chosen by the Council ; the three senior Jndffes of the Supreme Court, and three members of the General Assmoly, to be chosen by the Assembly, who shall, or any five of them, imd determine the same.

p^noneligiUe more than three yean soooeitiTel J. TheSeeretaiyofStete^ Attomey-Qeneraly Auditort, and snch like officers, shall be appointed ta* eDniallj ; but removable for misconduct And any officer, representatha ia Oenend Assembly, or in the Congress of the United Statea, who k convicted of a second violation of any part of this constitution, shall ba fcfover afterwards disqualified to hold any place or office in thia State. Sec. 18. That in every case, where any officer, the right of whoaa

Spoiotment is, by this constitution, vested in the Goienil AsasnaUjr, all, during their recess, die, or his office, by other means, beaoina vacant, the Governor shall have power, with the advice of the Ooaneil of State, to fill up such vacancy, by granting a temporaiy commiaaioB, which shall expire at the end of the next session of the Aasemb^.

See^ 10. That no Treasurer, until he shall have finally settled Ida aoQDunts with the public, and paid the money remaining in his hand to the succeeding Treasurer, nor any person who hereU^ie has been, or hereafter may be, a Receiver of public monies, under this or any oUmt State, until he has fully accounted for and paid into the treaaniy aU m<mies for which he may be accountable and liable, shall have a aeal in the General Assembly, or be eligible to any civil ofiSce in this State.

See. 20. The fireemen of oum county shall, for the purpose of aaaa, justice and conveniency in holding elections, udA other public affidm, be divided into districts, as near one hundred in each as local ciionni^ atances will admit

Sec. 21. The freemen of each district shall meet upon the seoond Tuesday of February forever, and, at their first meeting, el^ three of their own members, who shall be called Registers, and who shall keep a fair alphabetical roll of the freemen of Uieir district Any two of them agreeing, or upon advice of any five freemen, shall have power to assemble the freemen of their district to consult for the common good, ffive instructions to tlieir Representatives, or to apply to the Legislature ror redress of grievances by address, petition, or remonstrance. They shall preside in all civil district elections, shall meet twice, or oftener, in the year, to deliberate upon and prepare to lay before the people such matters as may be necessary for them to consider. And, to keep up a rotation of the members, the person who shall have fewest votes at the first election, shall continue in office one year, the second two, and the highest three. And no Register shall be eligible for two years after he has served his term.

Sec, 22. That elections may be free, and corruption prevented aa much as possible, the Registers of each district shall summon the fr^eemen of their district to meet at some convenient place, upon the firat Tuesday of March forever, where they shall elect, by ballot^ all the officers for their district, which shall be hereafter directed, and the number of persons, indiscriminately, out of the county, appointed to represent it in the General Assembly, in the following manner : The senior Register shall call each freeman by name, in the order of the roll, who shall give his ticket or tickets to the second Register, and the highest in votes for district officers shall then be declared constitutionally elected ; but the names of the persons to represent the county in General Assembly, and their respective numbers of votes, shall, by one of the Roisters, be laid before a meeting of one from each district^ wiUun ten days after the election ; and when all are examined, the highest in votes shall be declared constitutionally elected, and certified by the same Register. No freeman shall have, in this commonwealth, more than one annual Tote for any officer of government, and the Legislature hereafter to be appointed, shall, from time to time, enact and keep in force such laws as may appear necessary to prevent and remedy every species of oomiption, and to oblige freemen to attend upon elections.

See. 23. Justices of the peace shall be elected for each county, ten or more, by the freemen, as shall, by the General Assembly, be thought neoeesary for each, of those residing within the same, and qualified as mentioned in Section 3, who shall be commissioned during good behaviour, by the Governor or Lieutenant Governor in Council ; and no justioe of the peace, or any other commissioned officer, shall hold his commission who misbehaves, or is found guilty of such things as disqnaliQr; nor shall any one be chosen who is not a scholar to do the business, nor, unless acquainted with the laws of the country in some measure, but particularly with e\'ery article of the Constitution.