Franklin Township (part 9 of 19)

Sec. 24. To prevent the civil power usurping spiritual supremacy, the establishing of professions, denominations, or sects of religion, or patronising ecclesiastical hierarchies and dignitaries, also to secure religious fiberty and the rights of conscience for ever inviolate, ev«;ry citizen of this commonwealth shall forever have full and free liberty to join himself to any society of Christians he may judge most for his edification, and shall experience no civil or legal disadvantages for his so doing : And every society or congregation shall have full liberty, without any restraiDt from law, to choose any minister they think best suited for iheir Christian instruction, and to support him as they think best; And evety snch society or congregation shall have full right to hold all lands given to, or purchased by them, for the use of their society, or any other property they may possess for religious purposes : and the society, or any description of men chosen by them, with power to act in their name, shall have power to receive, or to make and execute deeds, and enter into snch other specialties as the society may direct them to make ; and ahall have full power, by their agent^ treasurer, or collector, to receive, recover and retain all property and money justly due to them, in as full a manner as any other collector or agent in tliis commonwealth. And the future Legislature of this State shall have no power to make any law, act^ or resolve whatsoever respecting religion, or the spiritual service we owe to Gk>d ; but shall confine themselves wholly to matters purely civil.

See, 25. Laws for the encouraging of virtue, and preventing and suppressing of vice and immorality, shall be made and constantly kept in mroe, and provision shall be made for their due execution.

See. 26. That no person in the State shall hold more than one lucrative office at any one time, provided that no appointment in the militia, or the office of a justice of the peace, shall be considered as a lucrative <^ce.

See, 28. That the del^ates of this State to the Oontiiieiital Oongren^ while neeessaiy, shall be chosen annually bj the General AsaelnUy, bj ballot, but may be superseded, in the meantime, in the same mamwr; and no person shall be elected to serve in that capadty ht move than three years successiyely.

See. 20. A Sheriff and Coroner shall be annually elected, on the daj, and in the manner, for electing Representatives in General AnemU^ who shfdl be commissioned as before mentioned ; and no person ahiS be eligible more than two years out of iSve. Also Commissioners, A»- sesors. Overseers of the Poor, Surveyors of Roads, and all such oflioeit as each district may require, at the same time and in snch number aa in future may appear necessary to the L^islatnre.

Sec. 80. Tiuit the person of a debtor, where there is not a sferong presumption of fraud, shall not be continued in prison, alter deliviAiiiff' up, bonafidey all his estate, real and personal, for the use of his enAtors, in such manner as shall be hereafter regulated by law. All priaoHh eiB shall be bailable by sufficient sureties, unless for captal onhnoea, where the proof is evident or the presumption great

Sec. 81. That every foreigner, who comes to settle in this State, hfti^ ing first taken an oath of alleffiance to the same, may purchase, or, hf other just means, acquire, hold, and transfer land or other real estete^- and, iSter one year's residence, shall be deemed a free dtisen. -

See, 82. All kinds of useM learning shall be encouraged by tlife commonwealth, that i» to eayl the future Le^slature shall erect, before the year seventeen hundred and eighty-seven, one University, whidi shall be near the centre of this State, and not in a city or town : And, for endowing the same, there shall he appropriated such lands as may be judged necessary, one-fourth of all the monies' arising from the surveys of land hereafter to be made, one hal^nny upon every pound of inspected indigo, that shall be carried out of the State, by land or water ; threepence upon every barrel of flour, and one shilling on every hogshead of tobacco, forever.* And, if the fund thence arising shall be found insufficient, the Legislature shall provide for such additions as may be necessary. And if experience shall make it appear to be useful to the interest of learning in this State, a Grammar School shall be erected in each county, and such sums paid by the public as shall enable the trciateesto employ a master or masters of approved morals and abilities.

Sec, 35. That the Declaration of Rights is hereby declared to be a part of the Constitution of this State, and ought never to be violated, on any pretence whatsoever.

paid by, the people of this State, nor apy appropriation of public mo- Bies made by the Legislature, except by a law for that purpose ; and the purposes for which the money is raised, and to which it is appropriated, shall be clearly expressed in the preamble. And, annually, the Oeneial Aisembly sludl publish a full account of all money paid into the Treasury, and by whom ; also of all paid out of it, to whom, and for what

See. 87. 1£ any dispute or difference shall arise betwixt citizens, in jnatten of debt, property, character, or such things, the parties, agreeato state their dispute, and leave it to arbitration, shall proceed in the owing manner : - they shall apply by joint petition to the Registers iqt the custrict where the case exists, or the defendant lives, unless they ahall otherwise agree, who shall name, in writing, twenty-four substantial freemen residing in the same, and tJie parties shall alternately strike out one until one half are struck out ; then the parties shall draw by lot such an odd number as they shall agree upon, out of the remainder, who^ after taking an oath to try the case in dispute without favour, affisotioD, or partiality, shall hear and finally determine the same.

Sic, 88. The printing presses shall be free to every person who imdertakes to examine the proceedings of the Lepslature, or any person or part of government ; and no prosecution shall commence against a printer for printing any thing whatsoever, provided he gives up the person's name.

0/3ee, 39. The Legislature shall take care to proportion punishments to Se crimes, and may provide houses for punishing, by hard labour, those convicted of crimes not capital, wherein the criminals shall be employed, for the benefit of the public, or for the reparation of injuries aone to private persons. All persons, at proper times, shall be admitted to see the prisoners at their labour.

Sec 40. The inhabitants of this State shall have liberty to fowl and hunt in seasonable times, on the lands they hold, and all others therein, not enclosed, and in like manner to fish in all beatable waters, and others, not private property.

Sec. 41. The Legislature hereafter to be chosen, shall provide that marriages, in this commonwealth, be regularly and solemnly celebrated, between one man and one woman, before free and single.

See. 42. That this Constitution may be the better understood by the citiaens of this commonwealth, and be more effectually kept inviolate to the latest ages, the future Legislature shall employ «omo person or persons, at the public expense, to draw it out into a familiar catechetical ibrm, and the Registers shall take care that it be taught in all the schools within their respective districts ; and shall further provide, that a sufficient number of the Constitution be printed, that each citizen may have one, as the inviolable charter of his privileges.

Sec. 43. The future Legislature snail choose and keep a chaplain during their session, if to be obtained, and shall annually invite some minister of the gospel to open their first session, after the annual election, with a sermon.

expeditioui and ample manner, and shall not be snapended hj theLept* " lature, except upon the most urgent and preanng ooeaaiooa, and far a limited time, not exceeding twelve months : And, in all casee, efvy mv-/ aon shall enjoy th^ liberty of being heard by himself and his coaaseL

Sec. 46. In order that the fre^om of this commonwealth may bs preserved inviolate forever, there shall be chosen by the tn% soflErage of the freemen of thb State, on the day of in the year ona thousand seven hundred and ninety, and in every succeeding mth year forever, twenty-four freeholders, two-thirds of which shall conadUtte m Board in every case, and known by the name of a Comtcil ^ 8afii§^ and shall meet on the day A next ensuing their eki^ tion, who, during one year alter said day, shall have foil poweri their duty shall Im, to inquire wdether the Gonstitation has been aerved- - - * [ruuuqidbr or ooKamunox xmt.] .

Before ita adjournment the convention appointed GenenLJ Gocke to present the constitution, aa adopted, and a rial to Congress, applying for admission into the Union. He was not received, and no notice waa taken of his miaBioii.

The Franklin government had now commenced» a&d»9 i ^^® ^^y Sessions of this year, the county officers \ were re-appointed or conlBrmed. Under the new dy^ nasty, ''Dai^iel Kennedy was confirmed as Clerk ; James Hons^ ton. Sheriff ; Robert Kerr, Register ; and Francis Hughes, Ranger. Tavern rates were, Diet, Is.; liquor, half pint, 6d. ; pasture and stable, 6d. ; lodging, 4d. ; corn, per gallon, 8d. ; oats, per do., 6d."

In the meantime, Greeneville had been laid ofi*. The court-house stood at the lower corner of the present courthouse lot. It was built of unhewn logs, and coverd with clapboards, and was occupied by the court, at first, without a floor or a loft. It had one opening only for an entrancoi which was not yet provided with a shutter. Windows were not needed either for ventilation or light, the intervals between the logs being a good substitute for them. In this simple and unpretending chamber, the third Franklin Convention was held, and there the elaborated and original constitution of the Commonwealth of Frankland was presented, angrily discussed, analyzed and rejected, and the constitution, of the State of Franklin adopted. In it the

Greenevillb, The Cafital Of Pbanklin

Commons assembled and deliberated, while the Senate convened in the old court room in Carr*s house, which, at this time, had become the village tavern. Greeneville became the permanent capital of the new state, the seat of its legislature, and the place where the governor met his council of state, and projected and matured the measures of his foreign and domestic administration. Most loyal amongst the loyal, to Sevier and to Franklin, were the inhabitants of Greene eoonty. There resided many of his captains and most of his officers of state. They were the last to abandon - they never did abandon him. Some of them may not have supported the Governor of Franklin, but none of them refused their support to John Sevier.

Petitions were drawn up and circulated among the people, praying the favourable consideration of the Congress of the United States to the separation of the western from the eastern sections of Virginia and North-Carolina.

Other petitions from the people of the ceded territory, were addressed to the Legislature of North-Carolina. In one of these, here preserved, the petitioners '* beg leave to observe that the honourable legislature of your state, on the 8d June, 1784, passed an act ceding to the United States the territory which lies west of the Apalachian or Alleghany Mountains ; containing in said act, several conditions and reservations in behalf of your petitioners, who discovering with pleasure and acknowledged gratitude, the paternal and patriotic disposition of the legislature, to countenance and eonsent to the ease and happiness of your remote citizens, emboldened us to set about erecting a separate government firom that of the parent state. Assuring your honourable body, that it is not from any disgust to your constitution or laws, occasions us to supplicate you to permit a separation, Imt» on the contrary, (we) regard North-Carolina, and will never cease to feel an interest in whatever may concern her happiness and safety ; and that our hearty and kindest wishes will always attend the parent state."

The convention having rejected the constitution as submitted, and adopted that of North-Carolina, under which the Franklin government had thus far been administered, it was iioped that the pablio sentiment would be propitiated, and general harmony restored ; bat new elements of strife had arisen during the session of the oonvention, and new topics of discussion had been thrown out amongst the peo> pie. The dissentients comprised* in their number, maeh of the wisdom and virtue of the body to which they beloQged ; and desirous of sustaining themselves with their coiutitaentSy they published an account of their proceedings^ together with the rejected form of government, and appealed again to the people. Here, as might have been anticipated, eeotar rian bigotry, unlettered ignorance, and impassioned ultraisni^ would all tend to aggravate the existing discord and embitter the dispute. Sections I, II, III, and XXXTI, became [Hrolific sources of controversy and angry debate. The depatiei in convention had dissented ; their constituents themaelTet oould not harmonize ; and without any further effort to remodel the government, the people at length acquiesced in the constitution of ther mother state.

In the meantime, the settlements were extended over tiie territory acquired under the Franklin treaties with the Cherokees, and a new source of hostilities with that tribe arose from the encroachment of the whites upon lands not embraced in former cessions to the adjoining states. It was considered by Congress necessary, therefore, that a treaty should be held under the authority of the United States. Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachn. Mcintosh, were appointed Commissioners on the part of the General Government. They invited the chiefs of the respective towns to meet with them, in treaty, at Hopewell, on Keowee, in South-Carolina.

The boundary, which had been the chief cause of complaint by the Indians, was made to conform with the lines of their deed to Henderson &; Co., and the treaty held by Commissioners of Virginia and Noith-Carolina in 1777. In their report to Richard Henry Lee, President of Congress, the Commissioners say : ** The Spaniards and the French from New-Orleans, are making great efforts to engross the trade of the Indians ; several of them are on the north side of the Tennessee, and are well supplied with the proper goods for the trade. The Governor of New-Orleans or West Florida has sent orders to the Chickasaws to remove all traders from that country, except sach as should take the oath of allegiance to the Catholic King." ''The Gherokees say that the northern Indians have their emissaries among the southern tribes, endeavouring to prevail with them to form an alliance offensive against the United States, and to commence hostilities against us in the spring, or next fall, at the furthest ; that, not only the British emissaries are for this measure, but that the Spaniards have extensive claims to the southward, and have been endeavouring to poison the minds of the Indians against us, and to win their affections by large supplies of arms, military stores and clothing."

Beginning at the mouth of Daok River, on the Tennessee ; thence nmning northeast to the ridge dividing the waters running into the Cumberland from those runuing into the Tennessee; theooe eastwardly along the said ridge to a^ortheast line to be run, which shall strike the Biver Cumberland forty miles above Nasffville ; thence along the said line to the river ; thence up the said river to the ford where the Kentucky road crosses the river ; thenoe to CampbelFs line near Cumberland Gap ; thence to the mouth of Cloud's Creek on Holston ; thence to the Chimoeytop Mountaiir; thence to Camp Creek, near the mouth of Big Limestone, on Nollichucky ; thence a southerly course six miles to a mountain ; thence south to the North-Carolina line ; thence to the South- Carolina Indian boundary, and along the same southwest over the top of the Oconee Mountain till it shall strike Tugalo River ; thence a direct line to the top of the Currahee Mountain ; thence to the head of the sooth fork of Oconee River.

In the meantime, North-Carolina was not inattentive to ( the growing alienation and defection of her western ( citizens. The Greeneville Convention had met on the 14th of November. On the 19th of the same month, the North-Carolina Legislature assembled at Newbern. Following the example of Virginia, they procee^'ed to take into consideration the state of their revolted counties, and passed an act, preceded by a preamble, in which it is stated as represented to the Assembly -

''That many of the inhabitants of Washington, Greene and Sullivan ooimtiflB,' have withdrawn their allegiance from this state, and have been erecUng a temporary separate goverDment amopgut themeelvei^ in cmtsequence of a general report ahd belief that the state, being inattentiva to their welfiire, had ceased to regard them as citizens, and had mads an absolute Cession, both of the soil and jurisdiction of the oountry in which they reside, to the United States, in Congress. And TrhnroM, sneh report was ill-ft>unded, and it was, and continues to be, the deaiie of the General Assembly of this State to extioid the benefits of civil government to the citizens and inhabitants of the western countieB, vasfSL such time as they mi^ht be separated with advantage and oonvenieiiea to themselves ; and the Assembly are ready to pass over, and eonign to oblivion, the mistakes and misconduct of such persons in the abovementioned counties, as have withdrawn themselves from the govemmeBt of this state ; to hear and redress their grievances, if any they hare^ and to afbrd them the protection and benefits of government, until audi time as tfcey may be in a condition, from their numbers and wealth, to be formed into a separate commonwealth, and be received by the United States as a member of the Union.''

The act then grants pardon and oblivion for all that had been done in the revolted counties, on the condition that they retam to their allegiance to North-Carolina, and ap^ pointed officers, civil and military, in place of the ineombents under the Franklii^dy nasty, and fbipowered the vofen of Washington, Sullivan and Greene, to choose their repi^ sentatives otherwise than by the then required forms. Three: good and honest men, preferred by themselves, were to aet as inspectors of the elections, and to feturn a certificate in favour of members thus chosen.

It is not known how many of the several counties participated in the provisions thus made by the parent state, for a return of her western citizens to their allegiance. But in Washington county disaffection to the Franklin government began to manifest itself, and George Mitchell, as sheriff, issued the following notice, which is copied exactly from the originltl, as found among the Sevier papers.

July, 1 0th day, 1 786. .Advbrtibbment. - I hereby give Publick Notice, that there will be an election held the third Friday in August next, at John Rennoo\ near the Sickamore Sholen, where Charles Robertson formerly lived, to chooAe membera to represent Washington county in the General Assembly of North-Carolina, agreeable to an Act of Assembly, in that case made and provided, where due attendance will given pr me.

For Membbbs To North-Carolina Legislature

i ott Watauga River, when Col. John Tipton wa» ( chosen Senator of Washington county, and Jame9 Stuart and Richard White were chosen as members of the House of Commons of the Legislature of North-Carolina, These gentlemen had been members of the convention that formed the new government, and had in other ways participated in its administration. Their well known influence and weight of character in the new settlements, rendered their present position of ill-omen to the future fortunes of Franklin. In Washington county especially, many, influenced by their example, accepted thet^ms of accommodation held oat by North-Carolina, and enrolled their names in opposition to the new state. From this period resistance to, or refusal of its authority, assumed a more systematic and determined form.

In the early part of the year 1786, was presented the strange spectacle of two empires exercised at one and the same time, over one and the same people. County courts were held in the same counties, under both governments; theoiliUa were called out by officers appointed by both ; laws were passed by both assemblies, and taxes were laid by the authority of both states. The differences in opinion in the State of Franklin, between those who adhered to the government of North- Carofina, and those who were the friends ot* the new government, became every day more acrimonious. Every fresh provocation on the one side, was surpassed in way of retaliation by a still greater provocation on the other. The Judges commissioned by the State of Franklin, held Supreme Courts twice in each year, in Jonesborough. Colonel Tipton openly refused obedience to the new government. There arose a deadly hatred between him and Governor Sevier, and each endeavoured, by all the means in his power, to strengthen his party against the other. Tipton held courts under the authority of North-Carolina, at Buffalo, ten miles above Jonesborough, which were conducted by her officers and agreeably to her laws. Courts were also held at Jonesborough in the same county, under the authority of the State of Franklin. As the process of these courts frequently required the sheriff to pass within the jurisdiction of each other to execute it, a rencounter was sure to take place. Hence it became necessair to appoint the stoutest men in the eountj to the office of sheriff. This state of things produced the appointment of A. Caldwell, of Jonesborough, and Mr. Pew, the sheriff in Tipton's court. Whilst a county court was sitting at Jonesborough, in this year, for the county of Washington, Colonel John Tipton^ nith a party of men, entered the court house, took away the pa})ers from the clerik, and turned the justices out of doors. Not long after, Sevier's parWcame to the house where a county court was sitting for the county of Washington, under the authority of North-Carolina, and took away the clerk's papers, and tamed the court out of dooia. nomas Gerij was clerk of this court The like acts were several timea repealed during the existence of the Franklin government At one time Jmam Sevier, then having the records of * the old court under North-OaroliB^ Tipton, in behalf^ the court of North-Carolina, went to hia home and took them away by force, and delivered them to Oorly. Shortly aftiv* wards the records were retaken by Sevier's party, and Jamea Sevkri the clerk, hid them in a cave. In these removals many papoi were lost, and at later periods, fi>r want of them, some estalea of gmt value have been lost In the county of Greene, in 1786, Tipt<A broke up a court sitUnff in Greeneville, under the Franklin authority* Tin two clerks in all £e three old counties, issued marriage licemteai aod maar persons were married by virtue of their authority. In the coartB hsfl under the authority of the State of Franklin, many kttera of mi istration of intestate estates were issued, and probata of wiUa taken.*

Notwithstanding the defection of some of its early advocates, and the neutrality of others of its friends, the govemment ^of Franklin continued to exercise its functions in the seven counties composing its sovereignty. Conoty and Superior Courts were held, the militia was mastered and disciplined, and civil and military electiens took place under its authority. In the new county of Sevier, Samuel Newel and John Clack were elected repreqentativea ; Saound Weir was clerk of the county court and colonel of the regt* ment In Spencer county, these same offices were filled by Thomas Henderson ; and William Cocke and Thomas King were representatives. In Caswell county, Alexander Outlaw and Henry Conway were representatives ; Jneph Hamilton was clerk of the county court, and George Doberty, colonel of the regiment. In Greene county, Daniel Kennedy was clerk, and John Newman, colonel. James Sevier was clerk of Washington county. In Sullivan county, John Rhea was clerk, George Maxwell, colonel of the militia, and John Long, John Provin and George Maxwell, members of the Assembly,

In addition to the administration of civil affairs, Grovemor Sevier, early in this year, found it necessary to repel tha aggressions made upon the citizens of Franklin, by the Cherokees. In the treaty of Hopewell, that tribe had agreed to a lasting peace with the frontier people. Lulled into a state of false secnrity by the unanimity with which the treaty had been signed by the chiefs of that nation, emigrants had pushed their settlements on the north side of Holston as low down as Beaver Creek, in what has since become Knox county. Remote from sources of defence, and exposed on three sides to attack, this settlement was selected as the most vulnerable point. The house of Mr. Biram was attacked, and two men fell victims to Cherokee cruelty. Many of the settlers fell back upon the stations above them, while a few of them erected, hastily, temporary defences in their own neighbourhood. Some small parties were soon collected and pursued the authors of the mischief. Governor Sevier himself adopted the policy, heretofore ascertained to be the most effectual, of penetrating at once into the heart of the enemy's country, securing thereby an immediate return of the hostile Indians to the defence of their villages and homes. A call for volunteers was promptly met, by the rendezvous of one hundred and sixty horsemen at Houston's Station, on the waters of Little River, The troops crossed the Tennessee River at the Island Town, and passing by the Tellico Plains, marched over the Unaca Mountain to Hiwassee. Here, three of the Cherokee villages, called the Valley Towns, were destroyed, and fifteen warriors were killed. Encamping in another village close at hand, Sevier sent for- "ward his spies, who soon returned and reported that they had discovered a large trail. The troops were at once put in motion, and marched upon the trail. From the best information before them, it was decided in a council of officers, that as the number of the enemy could not be less than one thousand warriors, as they were under the command of John Watts, a cunning and daring leader, and were probably endeavouring to draw Sevier into a narrow defile, it was deemed, under existing circumstances, inexpedient to pursue the enemy without reinforcements. The pursuit was abandoned - the troops marched back to their encampment and returned home.

The effect of this invasion of the Cherokee country was salutary. Few aggressions were, for some time after, made against the frontier. But it was considered by each of the

Bovereignties claiming jurisdiction over the country, a ^riae and necessary policy to adopt further methods of conciliation and security. North-Carolina had sent Col. Joseph Martin on a mission of peace into the interior of the Cherokee nation. Upon his return, he gave to Governor Caswell the re* suit of his observation on Indian affairs, and on some of the measures of the Franklin government, of which he at first waff an officer. His letter follows :

Smith's Rivkr, Hbnrt Countt, Hay 11th, 1786. Sir: - ^The accounts from the Cherokee country are somewhat alarminff. I loft Chota the fourteenth of last month, when two or three parties had gone out towards Cumberland or Kentucky, to take satisnotion for four of their young men that were murdered by one HcClnrei and two others, near a small Indian town, on the Tennessee. I left a man in whom I can confide to watch their return, and fellow me with certain intelligence, which he has done, which is as follows : - ^The I7th of last month, the parties of Indians returned with fifteen scalps, sent seTeral letters to Gen. Sener, which be read, as they were o^n ; thej infcrmed that general that they had now taken satisfiKtioa for their friends that were murdered, that they did not wish for war, but if the white people wanted war, it was what they would get. He fiarther says, that he was informed that there was great preparation making by the Greeks, to carry on an expedition against Cumberland - that they weie about to erect a post at or near the Muscle Shoals - ^that several pack hones had already passed by Chickamauga - they say the French andSpaniaids that are settled there are to furnish them with arms and ammunition - the Indians told me I mi^ht depend that the Creeks would endeavour to break up Cumberland this summer - I have lately been through the difierent Cherokee towns this spring, from Tugalo to Hightower, on the Chattahoochee River ; they all seem very friendly, and I believe not the least danger from any unless Chickamauga ; they seem much divided. The Draggon Canoe, which is one of the chiefs, is much attached to the Spanish mterest, and I believe will join the Creeks; he killed two traders the latter part of the winter, on their way to the Chickasaws from Cumberland. Ellis H^islin, one of the principal traders in the Cherokee country, informed me he saw a party of Creeks and Chickamaugas, on their way to Cumberland, and endeavoured to turn them back, but they told him they were at open war with the Vir^nians, and they would not ffo back. I spent some days at Iluiston, to find out, as well as I could, u)e disposition of the people respecting tlie new state, and by the best calculations I can make, two- thirds of them are for the old state, and I make no doubt of their sending delegates to North-Carolina next session ; they have held an Assembly lately, and appointed Capt. Cocke a member of Congress, and given Col. Charles Robertson liberty to coin thirty thousand dollars specie. I am told they are to have a coat of arms of their own, having a reference to the State of Franklin. One of the members of the Assembly informed me that the colonel was in such

Commissioners Of Coyateb T&Eaty

Governor Sevier and the authorities of Franklin were not ( inattentive, in the meantime, to their relations with the ( Indians, and in the exercise of ohe of the highest attributes of political sovereignty, appointed Commissioners to negotiate a second treaty with the Cherokees. The Commissioners were William Cocke, Alexander Outlaw, Samuel Weir, Henry Conway, and Thomas Ingles. The conference begun at Ghota Ford, July 31, and was concluded at Coytoy, (Coiatee ?) Aug. 3d. On the part of the Indians, the negotiation was conducted by Old Tas:«el and Hanging Maw. The best account of the treaty is found in the letter of one of the Commissioners, enclosing the proceedings to the Governor of North-Carolina. It follows :

Bend of CHroKET, Oct. 8th, 1786. Honoured Sir : - I have enclosed you a copy of a late treaty with the Cherokee Indians, and a just account of their conduct and prei^eiit situation. They came into our settlement on the north of Uolston, the 10th of July, and warned the settlement that there were Creeks to attack them the week following, and agreed with our people that they might know them from the Creeks, to wear a white flag on their head and on their guns ; and that whenever they saw any white people, they would halloo ^'Chota" to them; and on the 20ih of July, which was the time they said the Creeks was to attack the settlement, two young men were going from the station to a cornfield, some Indians hailed them, and called " Chota," and the young men went to them, and they «eem^ friendly, offered a swap of guns with one of the white men, and ^t hold of the white man's gun, and then shot him down with his own gun; the other man rode oif, and the other two Indians fired at him, and shot two bullets through him ; but he rode to the station, and lived three days. He was well acquainted with the Indians that shot him. Col. Cocke and myself got account of the murder the 23d, and the dlst we were in the town where the Indians lived that did the mischief, with two hundred and fifty men. We sent for the Heads of the towns to meet us, at about six miles from the town, at Chota Ford, as you will see in the Talk, where they refused to give up the murderers, and said they were gone to the Shawnees ; but we had certain accounts that they were then in the town ; on which news we marched to the town, jmd, luckily, killed two of the very Indians that did the murder ; and sent for all the warriors from all the near towns, which met accordingly, and agreed to the terms I have enclosed ; and I was last week in the town, anc had a Talk with them, and they seem very friendly, and well satisfied we should settle the country, and say they will sell us the count on the souUi of the Tennessee, and let us settle round them, if we will keep ths Creeks from killing them ; or they will leave the eonnliy entirely, if wc will give them {pioda for it; and 1 nm convinced, froto the late conduct und accounts 1 base had from them, the whole couDtrj to the Georgia line, on this side of Cumberland Mountain, may be had from them for a very trifling sum.

Jolt Slst, Chota Ford. Brothert and Warriorx : - We are eorry that you have drove m to the necessity of coming to your ground to hold a Talt v.ith you afl^ the Grand Peace wilh our Great People, the Congress, and our own treaty with you, at DumpUn Creek. last year. You have now brolw through all your Talks, and murdered our young men, and stole oar horaes from our own settlements, and robbed and murdered our men at Kentucky, and on the Kentucky lioad and at Cumberland, and bsTO always laid it on tiie Creeks; but now we have got proof that it is your own warriors that do tlie mischief, and lay it on the Creeks. We have now come down to talk plain and simight with you, and to tell yoa that North-Carolina has sold us all the country on the north side of Tennessee and HoUton ; that we intend to settle on it, and wish to do so in peace with you all, and trade and live friendly with all our brothers. And, agreeable to the treaty you made with us, we, in plain words, demand the murderers from you that killed our people, and demand all the horses you have taken from us. and from the people oo the Kentucky Roiid and Cumberland ; on nbicli terms we "ill be brothers with you all, and continue so until you do more murder on our frontiers, at which time we will come down and destroy the towa that does the mischief, and not let one of the murderers live in the townft that are peaceable and friendly ; and if you are afrtud of the other Indians, we will protect you and help you fight them ; on which terms we will make peace wjth you and be friends. If not, we are warrion, and it is what you will. If you love peace, give up the murderers and ^u shall have peace.

Answered Bt The Tabbkl

Kow I am going to speak to you, brothers. We hare amok^ The Great Man above sent the tobacco. It will make your heaite straight. I come from Chota. I see you. You are my brothers, I see what has been done is the cause of your coming. I am glad to see my brothers and hold them fait by the hand. The Great Han made us both, and he hears the Talk. The Great Man stopped yoa here to hear my Talk. They are not my people that spilt the blood and spoiled the good Talk a little. My town is not so ; they will slwaya use you well whenever tbey see you. The men that did the murdw are bad men and no warriors. They are gone, and I can't tell where Ihey are gone. They lived in Coytoy, at the mouth of Holston. Thia

Trak8Fbbred To Ootatbb

18 all I hsYtt to say. They have done tbe murder. Now I give you 0ood talk. I will tell jou about ttie land ; what jou say conoenyng the iknd, I will talk to Congress about, and the man that sold it I shall look to for it You say that North-Carolina sold you tbe land over the river. We will talk to all our Head men about it The Great Man above has sent you this white ^alk to straight your hearts through. I give Tou this pipe in token of a straight Talk. I am very sorry my people Las done wrong to occasion you to turn your backs. A little talk is as good as much talk ; too much is not good.

CoTTOT, August 3d. Broikers and Warriors : - We are now in Coytoy, and are going to give you a straight Talk. You all well know that the great man over the water, Ein^ Gkorge, once commanded us all, and then we were all brothers ; and wat the great man, the king, got angry with us, and came over the water and killed our men and burnt some of our houses, which canaed a war, and all your people, the Indians, helped tbe great man over the water, and we beat you all ; and then the great man over the water gave up all this land to us, the white people, and made a peace with us, and then our great men, the Congress, made a peace with you, and agreed to live brothers with you all, and grive you such a piece of land to live on as they thought right, and so did your brother, John Sevier, governor of this country, and his commissioners at Dumplin, laat year ; but now you have broke all the good Talk, and your people have murdered our young warriors, your brothers, at Kentucky, Cumberland, and here, at home, and have killed our people as you did when yon were helping the great man over the water, and have always laid it on the Creeks ; but now we know it is your people that does the mischief. And to convince you we are willing to live brothers, we have marehed a few of our warriors into the town that killed our young men, and burnt the town house where your people held the council to kill oar men, and have burnt the bad n\en*s houses, and destroyed as much corn as we thought belonged to them, but have not marched to any other town where our honest brothers lived, but have sent for them all to come and talk and smoke and eat with us, and let them all see that we will not hurt any of their people, our brothers, that are honest and will not kill our people. And we now tell you, in plain words, that if jou kill any more of our people, we will come down and destroy the town that does the mischief^ unless you bring the rogues to us ; and if our people have killed any of your people since we came down, you most blame your bad men for it, for we do not know your bad men when they are in the woods. You have killed our old commanders, Colonel Donelson and Colonel Christian, who were always your friends when you were brothers, and were our great warriors and counsellors ; and that you may not be any more deceived, we now tell you, plainly, that our great counsellors have sold us the lands on the north side of the Tennessee to the Cumberland Mountain, and wo intend to settle and live on it, and if you kill any of our people for settling there, we shall dflitroy the town that does the mischief ; and as your people broke the peace yon made with Congress and us, and killed our men, it was your

&ultB that we come out to war. We have right to all the gnmiid ve inarched over, but if you wish to live brothers, and be at peace, we will let you live in Coy toy, as brothers, in your old houses, if you will agree to give up the murderers when you can get them ; and we only daim the iiiland in Tennessee, at the mouth of Holston, and from the head of the island to the dividing ridge between lldlston River, Little Biver and Tennessee, to the Blue Ridge, and the lands North-Carolina told us, on the north side of Tennessee, which lines and terms we will agvM to lay before our Great Council, and if you will agree to live farotban and friends, notwithstanding our taking of it by the sword, which ii the best right to all countries, we will do our best endeavours to get our Council to give you all some goods, in token of our sincere peace and lasting friendship, although you refused to give up the murderen at Ohota Ford when we sent to you and demanded them of you, agreeable to your treaty with us before we did you any harm, which, had yoi have done, we would not have marched into your town, bat woali have taken you by the hand and been brothers. Now, can jou blame us, when your people broke the good Talks and spilt our blood f We call upon the Great Man above to witness, and you, yourselves, know, that we have acted agreeable to our former treaty, and onlj wish to punish the bad men and settle on the land North-Carolina sold as.

Answer

Brothers : - You have spoke to me. I am very thankful to you for it My brother, William Christian, took care of every body, and was a good man ; he is dead and gone. It was not me nor my people that killed him. They told lies on nie. I loved Col. Christian, and he loved me. He was killed going the other way, over the big river. I never heard of your Great Council giving you the land you speak of. I talked, last fall, with the great men from Congress, but they told me nothing of this. I remember that the great men and I talked together last fiedl, and did not think this murder would have happened so soon. We talk good together now, but the great people, a good way off^ don't talk so good as you ; they have spoke nothing to us about the land, but now you have told us the truth. We hope we shall live friends together on It, and keep our young men at peace, as we all agree to sign the above terms and live brothers hereafter. -

Mission Of General Oockb And Judge Campbell

The difficulties with the Indians being thus adjusted, and provision being made for co-operating with Georgia against the Greeks, it remained for the authorities of Franklin to reconcile conflicts nearer home. The imperium in imperio condition of things threatened anarchy or misrule - perhaps disaster and ruin to all parties. The people in some of the revolted counties had sent forward their representatives to the Genenal Assembly of North-Carolina, which met in November, at Fayetteville. They were, in like manner, represented in the Assembly of Franklin. Taxes were laid by both governments and collected by neither, the people not knowing, as was pretended, which hud the better right to receive them ; and neither government was forward in overrating the plea, for fear of giving offence to those who could at pleasure transfer their allegiance.* Previous attempts had failed in securing froitl North-Carolina her consent to the separation of her revolted counties. Disaffection had already manifested itself against the authority of Franklin, and some of those who at first were the most zealous and clamprous ibr the separation, were now opposing it in their legislative capacity at Fayetteville. Every day brought new embarrassments to the administration of Governor Sevier, who, with the Assembly, was devising plans, by which to extricate the new government from impending danger. One of these was the appointment of General Cocke and Judge Campbell, as Commissioners, to negotiate a separation. Each of them was well suited for the purpose of his mission. The former was identified with the new settlements, by an early jMurticipation in the privation, enterprise and danger of the pioneer life. More recently, he had taken an active part in ibanding the new state - had been appointed its delegate to C!oiigress - commanded a brigade of its militia, and held other ^positions implying confidence in his talents and address. His ^BoUeague had also a minute acquaintance with every ques- "tfon relating to either of the parties - held the highest judical station in the government from which he was accredited, «md by his private worth was entitled to the respect of the ^ne to which he was sent.

To secare to his embassy the greater consideration and weight, the Governor of Franlclin addressed to the Governor of North-Carolina a commnnicationy conceived in respectfol and lenient terms, yet manifesting, at the same time, earnestness and determination, in maintaining the rights and advancing the interests of his state. It is dated at his private residence.

Sir : - Oar ABsembly have again appointed CkmimisBionen to writ on the parent state, who, I hope, will cheerfaUy consent to the sepinition as they once before did.

It gives us inexpressible concern to think that any disputes sboold arise bstween us, more especially when we did not in the first instance pray the separation, but adopted our course alter the same was done Iqr Act of your Assembly. We humbly conceived we should do no wraig by endeavouring to provide for ourselves, neither had we the noKMt distant idea that Sie Cession act would be repealed, otherwise matten might not have been carried to the length they are. Hie propriety of -Ihe repeal we do not pretend to scrutinize, as respecting the policy of your state ; but, permit us to say, that, in our opinion, we discovcf maajr embarrassments both parties are likely to labour under in conaequenes of the repeal. We cannot suppose that Congress will consider hadf well treated by North-Carolina, and we doubt that body will, therelj, become in some measure inattentive.

The late Indian Treaties in the south seem deeply to concern each party, especially now we find Congress have ratified the proceedings, and we have called on your state to carry the same into effect, so &r as respects the same. We do not pretend to discriminate the motives that induced that body to enter into those measures, but beg leave to say, that^ in our opinions, tl^at had the deed or deeds been executed agreeable to the Cession act, that then our lands in the westward would have been secured under the conditions of that act ; but, under the present dt^ cumstances, the greatest part Of our western country lies in a very doubtful and precarious situation. I hope your Assembly will take under their serious consideration our present condition, and, we flatter ourselves, that august body will not submerge into ruin so many of their late citizens, who have fought and bled in behalf of the parent state, and are still ready to do so again, should there be an occasion. Our local and remote situation are the only motives that induce us to wish for a separation. Your constitution and laws we revere, and consider ourselves happy that we have had it in our power to get the same established in the State of Franklin, although it has occasioned some confusion among ourselves. We do, in the most candid and solemn manner, assure you that we do not wish to separate from you on any other terms, but on those that may be perfectly consistent with the honour and interest of each party ; neither do we believe there is any among us who would wish for a separation, did they believe the parent state would suffer any real inoonveniency in consequence thereof. We would be willing to stand or fall together, under any dangerous crisis whatr ever.

We cannot be of the opinion that any real advantages can be obtained by a longer connection. Our trade and commerce is altogether carried on with other states, therefore neither party is benefitted on that bead ; and whether it can be suggested that the business of government can be extended fix>m five to eight hundred miles distance, is a matter I leave to your own good sense to judge of ; and, further, it cannot be supposed that the inhabitants who reside at that distance, are not equally entitled to the blessings of civil government, as their neighbours who live east, south, or any other point, and not one-fourth of the distance from the seat of government, besides the incomparable advantages of the roads and other easy communications, that you have on the east of the Apalachian. However inconsiderable the people ^of this country may appear at this dav, reason must inform us that the time is not far distant^ when they will become as'consequential in numbers, if not more 80| than most of the £astem States, and when your Excellency will be ploaiod to view the many advantages arising from the fertility of our aoily and the moderate and salubrious climate, you cannot, Lpi'ssume, diflbr in sentiments on this head.

We will admit that our importation is not so flattering, but our ex-^ porti are equal to any. As to our present abilities, we must confess ihaj ttre not so great as could be wished for ; but, happily for us, we have tfaa parent, and many old and experienced states to copy after.

Am to my own part, I have always considered myself happy while under tilie government of North-Carolina, and highly honoured with the different iqppointments they have been ple<>sed to confer.

I heartily wish your Legislature had either not repealed, or never paned the Cession act, for probably it may occasion much confusion^ eqpeoimlly should your Assembly listen too much to prejudiced persons, thooffh Uus I have no right to suggest, but fear we may have a quarrel on our hands without any among ourselves.

I am authorized to say there is no set of people can think more highly of Toor government than those who want the separation^ and they only wish it to answer their better conveniency ; and, though wanting to be Mfwrated in government, wish to be united in friendship, and hope that aantaal good offices may ever pass between the parent and infant state, iHiich is my sincere wish and desire.

Judge Campbell, on account of ill health, was unable to accompany the other Commissioner on bis embassy to Fayatteville. But, desirous of effecting its object, '^ a ratification of our independence," he forwarded to Governor Caswell his written argument in support of it, as follows :

Is not the continent of America one day to become one oonsolidaied government of United States? Is not your state, when connected w^ this part of the country, too extensive ? Are we not^ then, one day to bet separate people ! Do you receive any advantage from na aa How situated! or do you ever expect to receive any ! I believe you do not. Suffer m, then, to pursue our own happiness in a way moat agreeable to oir situation and circumstances. The plans laid for a re^lar and sjttematic government in this country, are greatly frustrated by the opposition from your country. Can a people so nearly connected as yom are with ours, delight in our misfortunes ? The rapid settlements tbd are making, and have been made out of the bounds prescribed both hj your state and ours, is a matter worthy your consideration ; our diTisioDi are favourable to those who have a mind to transgress our lawa. If yoa were to urge us, and it were possible we should revert back to yon, ia what a labyrinth of difficulties would we be involved Y Witness the many lawsuits, which have been decided under the sanction of the Um of FranEIin, the retrial of which would involve many persons in eertna ruin.

If we set out wrong, or were too hasty in our separation, this oountry is not altogether to blame ; your state pointed out the line of coDdoc^ which we adopted ;*we really thought you in earnest when you ceded m to Congress. If you then thought we ought to be separate, or if yot now think we ever ought to be, permit us to complete the work that ii more than half done ; suffer us to give energy to our laws and foroe ta our councils, by saying we are a separate and independent people, and we will yet be happy. I suppose it will astonish your Exoellencf to hear that there are many families settled within nine miles of the Cherokee nation. What will be the consequence of those emigrations! Our laws and government must include these people or they will become dangerous ; it is vain to say they must be restrained. Have not all America extended their back settlements in opposition to laws and proclamations ? The Indians are now become more pusillanimous, and consequently will be more and more encroached upon ; they must, they will Ik* circumscribed. Some of your politicians think we have not men of abilities to conduct the reins of government ; this may in some measure be true, but all new states must have a beginning, and we are daily increasing in men both of political and law knowledge. It was not from a love of novelty, or the desire of title, I believe, that our leaders were induced to engage in the j)resont revolution, but from pure necessity. We were getting into confusion, and you know any government is better than anarchy. Matters will be differently represented to yon, but you may rely on it, a great majority of the people are anzioiiS for a separation. Nature has separated us ; do not oppose her in her work; by acquiescing you will bless us, and do yourself no injury ; you bless us by uniting the disaffected, and do yourself no injury, because you lose nothing but people who are a clog on your government, and to whom you cannot do equjil justice by reason of their detached situation.

catioB ci oar independence, but the misfortune of losing one of my eyes, and some other occurrences, prevented me. You will, therefore, pardon me for the liberties I have taken, whilst endeavouring to serve a people whose situation is truly critical.

Notwithstanding these earnest representations made in behalf of the people of Franklin, the Assembly of North- Carolinay disregarding their protests and memorials, continued to legislate for them. The territory that had been em-- braced in the new county of Spencer, under the Franklin Crovemment, was, by the Legislature of North-Carolina, laid off into a new county called Hawkins, and civil and military officers were at the same session appointed for i&, and the time was fixed by law for holding the courts. The Assembly had also taken into consideration the measures necessary to be adopted in relation to the revolters in Franklin. At this moment. General Cocke, the other Com* miasioner from the State of Franklin, appeared in Fayetteyilley and, at his request, was heard at the bar of the House of Commons. In a speech of great length, as copied from Haywoody he pathetically depicted the miseries of his distressed countrymen ; he traced the motives of their separation to the/lifficult and perilous condition in which they had been placed by the Cession act of 1 784 ; he stated that the savages in their neighbourhood, often committed upon thedetenceless inhabitants the most shocking barbarities; and tiiat they were without the means of raising or subsisting droops for their protection ; without authority to levy men ; "^irithout the power to lay taxes for the support of internal ^government ; and without the hope that any of their necessary expenditures would be defrayed by the State of NorthiC/&rolina, which had then become no more interested in their Safety than any other of the United States. The sovereignty. ^^tained being precarious and nominal, as it depended on the mce of the cession by Congress, so it was anticipawoald be the concern of North-Carolina for the ceded bvrritory. With these considerations full in view, what were people of the ceded territory to do, to avoid the blow of aplifted tomahawk ? How were the women and children be rescued from the impending destruction ? Would Con- gress come to their aid 7 - Alas I Congress had not yet accepted of them, and possibly, never would. And if accepted, Congress was to deliberate on the quantum of defence which might be afforded to them. The distant states vrould wish to know what profits they could respectively draw from the ceded country, and how much land would remain, aikcr satisfying the claims upon it. The contributions from the several states were to be spontaneous. They might be Um limited to do any good, too tardy for practical purposei. They might be unwilling to burthen themselves for the salva* tion of a people not connected with them by any endearing ties. * The* powers of Congress were too feeble to enfbiee contributions. Whatever aids should be resolved on, mi^ not reach the objects of their bounty, till all was lost Would common prudence justify a reliance upon such pro^ pects ? Could the lives of themselves and their families be staked upon them 7 Immediate and pressing necessity called for the power, to concentrate the scanty means they of saving themselves from destruction. A cruel and i\ ious foe was at their doors. Delay was but another name for death. They might supinely wait for events, but the fint of them would be the yell of the savage through all their settlements. It was the well-known disposition of the savages to take every advantage of an unpreparedness to receive them, and of a sudden to raise the shrieking cry of exultation over the fallen inhabitants. The hearts of the people of North-Carolina should not be hardened against their brethren, who have stood by their sides in perilous times, and never heard their cry of distress when they did not instantly rise and march to their aid. Those brethren have bled in profusion to save you from bondage, and from the sanguinary hands of a relentless enemy, whose mildest laws for the punishment of rebellion, is beheading and quartering. When driven in the late war, by the presence of that enemy from your homes^ we gave to many of you a sanctified asylum in the bosom of our country, and gladly performed the rites of hospitality to a people we loved so dearly. Every hand was ready to be raised for the least unhallowed violin tion of the sanctuary in which they reposed.

The act for our dismissal was, indeed, recalled in the winter of 1784; what then was our condition 7 More pennyless, defenceless and unprepared, if possible, than before, and under the same necessity as ever, to meet and consult together for our common safety. The resources of the country all locked up, where is the record that shews any money or supplies sent to us ? - a single soldier ordered to be stationed on the frontiers, or any plan formed for mitigating'the horrors of our exposed situation ? On the contrary, the savages are irritated by the stoppage of those goods on their passage, "which were promised as a compensation for the lands which had been taken from them. If North-Carolina must yet hold us in subjection, it should at lecist be understood to what a state of distraction, suffering and poverty, her varying conduct has reduced us, and the liberal hand of generosity should be widely opened for relief, from the pressure of their preseut circumstances; all animosity should be laid aside and buried in deep oblivion, and our errors should be considered as the oSbpring of greater errors committed by yourselves. It belongs to a magnanimous people to weep over the failings of lihair unfortunate children, especially if prompted by the ineonsiderate behaviour of the parent. Far should it be firom their hearts to harbour the unnatural purpose of adding itill more affliction to those who have suffered but too much Iraady. It belongs to a magnanimous people to give an idastrious attention to circumstances, in order to form a just dgment upon a subject so much deserving of their serious oditation, and when onca carefully formed, to employ, with ialous anxiety, the. best eflbrts of their purest wisdom, in MMing a course to pursue, suitable to the dignity of their B character, consl>tent with their own honour, and the t calculated to allay that storm of distraction in which rbapless' children have been so unexpectedly involved, le mother shall judge the expense of adhesion too heavy 9 borne, let us remain as we are, and support ourselves ir own exertions ; if otherwise, let the means for the conace of our connexion be supplied with the degree of vlity which will demonstrate seriousness on the one hand

The Assembly progressed in deliberating on the measures to be adopted with respect to the revolted counties. By another act of this session, they pardoned the offences of all persons who had returned to their allegiance to the State of North-Carolina, and restored them to all the prixileges of the other citizens of the state, as if the said ofienosi and misconduct had never existed. With regard to decisions respectiDg property, which were incompatible with justice, they enacted, that the person injured should have remedy at common law. Thej contiDued in office all officers, both civil and military, who held and enjoyed sudi offices on the Ist of April, iTS^i; but declared vacant the offices of all such persons as had accepted and exercised otlier offices and appoiDlr ments, the acceptance and exercise of which were considered to be i resignation of their former offices held under the State of North-Canh lina ; and they directed'that such vacant offices, both civil and militaij, shall be filled with proper persons to be appointed by the General Aisembly, and commissioned by the Governor of North-Carolina^ as bj law directed.*

The tatter provisions of this act produced great dissatisfaction amongst the people upon whom it was intended to operate. The old office holders were capable, they had been faithful, and their experience and attention to official duty had secured universal confidence and approbation These^ upon whom the new appointments were conferred, were many of them non-residents, inexperienced and not reliable, selected by the favouritism of some functionary in the old state, and, for that reason, odious to the people. Their appointment was denounced by and drew forth the bitter condemnation of some of both parties. The temper of the complainants is seen in the letter following, from Judge Gampbell to the Governor. «

I was honoured with yours of the 23d of February, for which I beg you to accept of my most cordial acknowledgments. The majoritr of the people of Franklin proclaim, with a degree of enthusiastic zeal, against a reversion to your state. Indeed, I am at a loss to conjecture whether your Assembly wished us to revert ; if so, why did they treat the old fiiithful officers of this country with so much contempt ! Officers who have suffered in the common cause, who have been faithful in the discharge of the trust reposed in them, have been displaced, without even the formaUty of a trial. Representations by a few malcontents i bite been the cause of such proceedingB, but surely it #a8 a .iiipolitic Btep. If the old offioera, who were the choice of the la^ and under whom thej have long served, had been continued, I t noi but all things would have been Settled here, agreeable to the n[uine wish of jour General Assembly ; but such infringements berties and privileges of a free people will never be attended iay iudntary consequence. I also blame the law, which passed in ^Aaiemblj, to enable the people here to hold partial elections. K i. ilitended to divide us, and set us to massacreing one another, it Ml concerted, but an ill-planned scheme, if intended for the good L The great number of warrants which issue from jour entrj- !i oflSce, without the composition monej being paid, is a yery great nd will tend exceedingly to embarrass this country. But I under- JEOUr Assembly have put a stop to such unfair proceedings. You )otf if the people here could be brought to agree in making a 111 application to the Legislature of North- Carolina, the desired t wigUi easily be brought about Human nature is the same in all list. To expect to bnng a people, cordially and unanimously, to I (Bfen the most salutaiy measure, is not to be expected, and they assuredly be refiractory to doubtful and exceptionable plans. - people here - for I have been in public assemblieSi and made it gpiness to collect their sentiments - dread the idea of a reversion. ii^^ if North-Caroh'na is in earnest about granting them a separa- Hm not permit them to go on as they have begun, and not involve .in Inextricable difficulties, by audomg the work of two or three jMrtf They made offers by their a|;ent, which they think waa nUe to your country ; but they rejected \it with contempt I we Inll offered by General Rutherford to your Assembly, in behidf b|wople. What conditions, say they, would North-Carolina extort m^ were we under their laws and immediate influence f Indeed, jjiiid is tilled with painful anxiety for this people ; the sword of jusnd vengeance will, I believe, be shortly drawn against those of this IT who attempt to overturn and violate the laws and government inUiii, and God only knows what will be the event If any blood is this occasion, the act for, partial elections from your country will be of it ; and I am bold to say, the author of that act was^ the ir of much evil. That your Excellency may not be in the idark ; the spirit and determination of a great majority of these people, iporting, maintaining and defending their beloved Franklin, I shall fon a brief and concise detail of what has transpired here since the if our memorial und personal application to the Legislature of jf-Ovolina has been announced to us. Pains were taken to colthe wishes of tlie people respecting a reversion ; many, who were lakewarm, are now flaming patriots for Franklin. Those who real Franklinites, are now burning with enthusiastic zeal. They lit North-Carolina has not treated us like a parent, but like a stepi She means to sacrifice us to the Indian savages ; she hw broke Id oflScers, under whom we fought and bled, and placed over us ' own unskilled in military achiewhents, and who were none of our i» The General Assembly has been convened and steps were taken for

Th« Legiiilatnre of North-Carolina, at the same session^ vImq thi? obnoxious act was passed, adopted the concilia - - tOKf msMure of relinqniahing to the citizens of thn revolted^ ri^V act of pardon and oblivion for such as should return to - - tib|iJr.altegi&Dce to North-Carolina, bad the desired influences - * Vfoa a part of the disaffected. Commissions were sent Ic^cs^ accepted by several in Washington, Sullivan, and Haw- - Um oountieB, as justices of the peace, under the authority

as though the State of Franklin did not exist. In - Greene cotinty, and the new counties below it, men could -*" BOt be found willing to accept the offered commissions. "" Tbere the authority of Franklin ^as supreme, and there , ( was no conflict of jurisdiction. It was very diSerent ^ ( elsewhere, and especially in Washington county. Previous to the revolt, courts had been held at Joneab<»-o', and bad afterwards been held at the same place under the new government. Now, when tbe sentiment of allegiance to riorth-Carolina had, in some measure, become general, the newly appointed magistrates, as directed by law, opened and held their courts at Davis's, ten miles above Jonesboro', on Bbffalo Creek. The partizans of one government quarrelled with those of the other. The officers of each, in discharge of official duty, came into conflict with tde authority of the rival government. The animosity, thus engendered, became tbe more acrimonious, as this county was the residence of Governor Sevier, and also of Col. John Tipton, who, thongh at first a leader in the f^olt, had now become promt-

Beat at the head of the old state party. These two, alike brave, ambitious and patriotic, and champions of their respective adherents, kept the people in a constant tumult, each, alternately, breaking in upon and interrupting the courts and jurisdiction of the other. The horrors of a fratricidal conflict seemed inevitable, and measures were adopted by both parties to allay the agitation and restore quiet. General Rutherford had introduced before the Legislature of ^orth-Carolina a measure of conciliation, that would have Jyeen acceptable to the malcontents beyond the mountaint tut it was- instantly rejected. The mission of General Cocke, «nd the pacific overtures of Judge Campbell, had been abor- "Cive and unsuccessful. As a dernier resort, negotiation was ^tttempted, to reconcile the conflicts of interests and of feeling ^etMreen the two states. Who should be the negotiator? An ^>fficer of the old state ? The opposition to such an one, was ^t one time a mere prejudice - it had now become a senti- Midetit of inappeasable malignity, and no offers of compromise om him could be for a moment entertained. Policy dictathat he should be selected from the western people themelves, and that he should b(5 one who, from his psist position, identified, in all his sympathies and interests, with the General Evan Shelby, high in the confidence of his ountrymen everywhere, remarkable for his probity, can- , good sense and patriotism, was requested by Gov. Casell to take charge of this delicate negotiation ; and, in conviction with others, whose assistance he solicited, met a mmission from the State of Franklin, on the 20rh day of larch, 1787, at the house of Samuel Smith. At this con- "-«nce Gov. Sevier represented his own government, aided such of its friends as he chose to invite. The result of ?ir mutual efforts to accommodate existing difQculties, and jprevent the occurrence of those of greater magnitude, now stantiy apprehended, was given in the letter following. General Shelby to Governor Caswell :

Sullivan County, March 21st, 1787, ir Sir : - ^Your letter, and the packets which you were pleased to 'ard by your son, I have received, and the commissions to the several ^^*^uties belonging have been forwarded, except those to the county of

Gbreene, yet in my hands, not well knowing who to direct them t^ Thi proclamations have been disposed of accoidingly. I have held a confe* rence with Mr. John Se>ier, Governor of the Franklin people. Tlw enclosed is a copy of what was there concluded between him and mOb It is submitted to the .legislature. The people of Franklin have latdy held an Assembly for their state, and have passed a bill for opening m office for to receive entries for the lands included between French Broad and Tennessee Rivers. Also, they have laid a land and poll-tax on the p60> pie. Conformable to the commissions for thepeace sent np, comta of p^eas, d^c, have been held in the counties of Washington, Sullivan and Hawkins, without any opposition. Many people are firmly attached to Korth-Carolina ; others are as obstinate against it ; however, it is to bo hoped that time and reflection will restore them fnendly to North- Carolina.

The animosities arising from difference of opinion in govemmento among our people here, have run high. To quiet the minds of the people, and preserve peace and tranquillity till something better coold be done, was the reason that induced me to hold a corference and oondude on the articles enclosed. I would be much rejoiced vi( "JP"* mention, you wquld think, in earnest, to come and live among us. xoa might do much here.

'* At a conference held at the house of Samuel Smith, EaqnirCy on ths 20th day of March, 1787, between the Honourable Evan Shelby, Esquire, and sundry officers, of the one part, and the Honourable Jomi Sevier and sundry officers, of the other part Whereas, disputes haTO arisen concerning the propriety and legality of the State of Franklini and the sovereignty and jurisdiction of the State of North-Carolina ofor the said state and the people residing therein.

'^ The contending parties, from the regard they have to peace, tranquillity and good decorum in the Western country, do agree and recommend as follows :

^ First That the courts of justice do not proceed to transact any business in their judicial departments, except the trial of criminaJs, the proving of wills, deeds, bills of sale, and such like conveyances ; the issuing of attachments, writs and any legal process, so as to procore bail, but not to enter into final determinations of the suits, except the parties are mutually agreed tliereto.

'^ Secondly. That the inhabitants residing within the limits of the disputed territory are at full liberty and discretion to pay their public taxes to either the State of North-Carolina or the State of Frankhn.

'* Thirdly. That this agreement and recommendation continue until the next annual sitting of the General Assembly of North-Carolina, to be held in November next, and not longer. It is further agreed, that if any person, guilty of felony, be committed by any North Carolina justice of the peace, that such person or persons may and shall be received by the Franklin sheriff or gaoler of Washington, and proceeded against in the same manner as if the same had been committed by axjd from any such authority from under the State of Franklin. It is also recommended, that the aforesaid people do take such modes and regoIatioDi^ and set forth their grievances, if any thej have, and solicit Norih-Carolina, at their next annual meeting of the General Assemhiy, for to complete the separation, if thought necessary by the people of the Western country, as to them may appear most expedient, and give their manbcrs and representatives such instructions as may be thought most conducive to the interest of our Western World, 'by a majority of the same, either to be a separate state from that of North-Oarolina, or be citizens of the State of North-Carolina.

A temporary quiet succeeded this compromise, and the peo- ( pie having the right of paying their taxes, and of owing ( allegiance to either of the rival governments, at their own option, the jurisdiction of both was for a time co-ordinate. No better proof need be adduced that the inhabitants of the disaffected country were law-abiding, honest, just, and peaceable, than their demeanour under this unwonted condition of questionable allegiance. Anywhere else, anarchy, misrule, tumult and violence, would have followed. Prevalent sentiment was, amongst these primitive people, essentially the law, and had the validity and force of legislative authority. Popular opinion was radically sound. It was in favour of right and justice. The people bowed to its supremacy, and paid allegiance to its mandates. They needed no other tribunal.

Still, a wound had been inflicted upon the dignity of the state, aird there were not wanting men in the coun- % willing to appease her wrath, and make an atonement the indignity and injury she had received. These, findtmg lit with and condemning the acts of the new state, rejrted its wrong doings to Governor Caswell. They were ol ^^.morous about trespasses committed upon Cherokee terrir, by the intruding ** Franklinites," and foreboded what Jly took place, a renewal of Indian aggression upon the v^'^tiements, if these were not restrained. Such is the im- -t pf the letter following :

Chota, 26th March, 1787. ' ir : - At mv arrival in this place, I found the Indians in greater ion than I had ever seen before, owing in part to Colonel John Lo- .^8 expedition against them, together wiUi daily encroachments of the

FnnkUntoiM on their lands. They hate aotmlly opened a land oflioe for ttrery acre of land that the Legislatore of ifortn-Carolina ceded Iv tbam north of the Tenm^Mee, which indudeA several of their principal cornfields, and a part of their heloved town, Ghota, and the wbole^ towa of Bial, and are now settling on the banks of the river*. I thk ^kj finished a Talk with the Indians, a copy of which I enclose to your Bx^ osllency. Three letters havjo latel? been brought to the diflerent_toi and read, from the French at the Muscle Shoals, which inform the ~ that the English* French and Spanish, have actually joined to cany a war against America; that the Americans have stopped their trad^ from Detroit, by seizing several of their boats on the Missif«ippi ; f*^ ^ they will not undertake to fnmish them in future with anything ^^

Kina, knives, tomahawks, and ammunition ; of these articles th^ ahaK ^^^ ve plenty. Various are the conjectures of the traders reapectin^i war with the Cherokees. My opinion is, there will be a great deal mischief done, if not an open war, unless the Franklinitea can be moved off their land ; which, I am well assured, cannot be done wif an armed force.

Another writer, nnder date March 26th, of this year, i forma the governor, *' Politics in this part of the couu ma high. Vou hear in almost every collection of peo frequent declarations of hurrah for North-Carolina I others in the same manner for the State of Franklin.^ ** Th^ Franklin Assembly have passed their act to punish, imprisonment, any person that shall act in the commissi of justice of the peace or other civil office, under the sumed authority of North-Carolina. God only knows w this contention will end. I fear it will end in blood."

Governor Caswell received another letter of still more pb tentous import, from an accredited agent, who had been sen to spy out the real cqndition of affairs in his trans-montane territory. In his tour of observation, he seems to have detected not only infidelity on the part of the people of Franklin to North-Carolina, but " a tendency to dissolve the federal bands." He is the first to advise " the interference of government" to suppress the insurgents.

Hawkins Countt, the Ist April, 1787. iSir : - I received your Excellency's letter of the 27th Feb., 1787, with the enclosed papers and others forwarded ; and in compliance with the contents, I give you a statement of the proceedings in this quarter, as you signified a desire to know how the laws and a return to tlie old government set on the minds of the people. I find in tlie county of Greene the people are much divided. In the other three counties, about two- thirds are ranch pleased with the laws and a return to the old govemxuent. The comniissions and appointments are generally received. The people on the Indian hunting grounds, I \ca,tn, are very obstinate, and I suppoee will pay little or no resf)ect to your Excellency's proclamation for^eir removal The Franklin party yet persist, and seems to impede tbft progress of civilization and retard the operation of the most salutary laws. They have lately held an Assembly and passed several acts, and seem vigorous in executing them. They have opened an office for the lands south of French Broad to the banks of Tennessee River. The land is to be sold at forty shillings per hundred acres, the first ten shillings in hand, and two years credit for the other thirty shillings. This unites the inhabitants of those lands to their party ; and in order to frighten others into a compliance with them, the Assembly have passed an act to fine and imprison any person who shall dare to act under the authority of North-Carolina : - for the first offence five pounds ; a second offence, ten pounds and a year's imprisonment ; and the governor at bis discretion to summon a guard over them, which guard are to be pud out of the property of the offender. They have also empowered the governor to raise the militia to oppose the operation of the laws of Nortn-Carolina, who are now enlisting and giving four hundred acres of land bounty. This is under a colour of guarding the frontiers. Should tbej offer any insult to the civil authority, I expect it will be difficult to prevent an effusion of blood. I think your Excellency will readily see the necessity of the interference of government ; and unle^^ those people are entitled to exclusive and separate emoluments from the rest of the commanltj, they ought, certainly, to be quelled. If we are in our allegiance, protection ought to be reciprocal. I, therefore, give it as my opinion, that it is highly necessary that notice should be taken of the conduct of thdee people, as there are many plans and matters agitated by them, ir|iieh seem to have a tendency to dissolve even the federal bands. Several letters I have in my possession, which can be spoken of no other "-ay- A few lines from your Excellency, with your advice how to conduct ffSiyself in this unhappy dilemma, would be most thankfully received.

The Governor of North-Carolina thought proper, after the B^ournment of its legislature, to communicate directly to ?ov. Sevier, the proceedings of that body in reference to the B^Volters. It follows :

Thus, sir, you have in substandB, as fiw as I recollect, the amount <^ ^ the proceedings of the Assembly, save the appointment of dvil an* - Btna mi^tary officers for the three old and a new couDty ; the brigade to Idi" ^ commanded by Evan Shelby, Esq. In the civil department, Indfl^p.^^^ Campbell is re-appointed; and the representatives carried out commK^-^^ sions fbr the county officers, civil and militair. I have not a doubt| In:^"^^^^ a new government may be shortly established, if the people wonlK^^^ unite, submit to the former government, and petition for a aeparatio^'^ - ^'^^ This, I think, is the only constitutional mode, and I firmly believe, _^ pursued, will be a means of eflfecting the separation on friendly which I much wish ; and I cannot say but I have my own satia in view, as I expect, if life and health and strength last, to lay _ boW on the weSstem waters. Twelve months will bring about a lease to me from public employment, and it is my intention then to that country once more ; and if I can find a place, to secure an agreepiivate retreat for the remainder of my life, I mean to establish it the place'of my residence. I wish you and your friends to connder th^^^^f propriety of these measures, and if you Uunk proper to adopt then you will, I think, answer your views with respect to a new government and come a shorter way to obtain the same, than by divisions amon(^ yourselves ; for theie will be greater obstructions in your way thap thos^ occasioned by the mere opinion of the people here. These are my candid^ sentiments. I may be mistaken, but time will evince the propriety oi otherwise, of my observations.

Sir : - I was favoured with yours of 23d February, in which your Excellency was pleased to favour me with a detail of the proceedings of your Assembly. I must own, before their rising, I had the fullest hopes and confidence, that body would have either agreed to the separation, on honourable principles and stipulations, or otherwise endeavoured to have re-united us upon such terms as might have been lasting and friendly, but I find myself and country entirely deceived.; and if your Assembly have thought their measures would answer such an end, they are equalli disappointed. But I firmly believe, had proper measures been adopt an union, in some measure, or perhaps fully, would have taken pU We shall continue to act as independent, and would rather suffer deatK in all its various and firightful shapes, than conform to any thing that ^ ^ disgracefy.

Oolciliatory Reply Op Ooyernor Caswell

The firm and decisive tone of this letter, was in accordance with the. present teniper of Sevier and his adherents. The compromise entered into between the contracting partie^ March 20th, was found to be, in some of the count ies^ of little avail. "It is agreed and recommended," were terms sufficiently explicit and strong to be obligatory on the masses, and their "regard to peace, tranquillity and good decorum," led them to respect the provisions of the agreement. But in Washington, Sullivan and Hawkins, where the recent act of North-Carolina had vacated certain of the ofBces, and commissions under her authority had been accepted and acted under, a spirit of faction and discontent developed itself. The ins and the outs, as is sometimes seen in more modern times, quarrelled. A question arose as to the powers of those who had negotiated the late ** agreement and recommendation." By common consent, the ofBce holders considered them invalid and irregular. The truce was ended. Gov. Sevier determined that he and the other ofBcers of JVanklin would " act as independent."

KiNBTON, April 24th, 1787. ^Jhar Sir : - I had the honour to receive your letters by Mr. Meek. lonot account for the conduct of our Assembly in their last' session, some of the gentlemen's sentiments did not coincide Avith my but still think if the people on your side the mountain bad then n more unanimous, the measures of a separation on just and ourable principles would have been pursued ; and if it were possible "tte people amongst you to prevail upon themselves to apply by suffi- *t number, to give convincing proofs of far the greater part of the being desiious of establishing a new government upon such printbe same may yet be effected. If the violences of the passions of men among you are not restrained, if they are suffered to break it will be Y'Utting the day further off; and, perhaps, the separation not be effected without bloodshed. This, I am sure, neither you nor ^ ^ other man capable of reflection, would wish to see brought about, '*- *^ can be evaded by justifiable means. ^ xon may rely upon it that my sentiments are clearly in favour of a --iHiTation, whenever the people to be separated think themselves of ^^Bcient strength and abilities to support a government This separa- ^'^ to be established upon reasonable, honourable, equitable and just ^''-dpleB, reciprocally so to those who will still continue the old go- ^"--iiment, as well as those who are to form the new. My ideas are that nature, in this formation of the bills between is, and directiiig tk courses of waters so differently, bad not in view the inhabitiinti ot either side being longer siibj^'Otto the same laws and government; that it mijL^bt )>e convenient for them, aa she has liberally bestowed on tlie minds of thinking men wishes to enjoy and obtain for themselves, W others in their circunistances, equal benefits, privileges and immomtia with the rest of mankind.

I conclude, by rvHiommending unanimity among you, as the only means by which your government ever can obtain energy, evenwlMi the st*])aration is effected by consent of North Carolina.

SuLLfVAN CouNTT, May 4thy 1787. Sir . - The 27th of April past, I called the colonels (via : TiptOB, Maxwell and Ilutchings) of Washington, Sullivan and Hawkins oounties, in order to consult on some measures which might be most salutaij for the safety of this country nt the present time. The gentlemen meti accordingly, at my house, and several gave it as their opinion that I should address government in the following manner : As the safety snd well l)ein</ of government arc now at hazjird, and the liberties and pn^- perties of the goixl citizens thereof wrested from them by parties of faction, notwithstanding the lenient and conciliatory measures of tfaa General Assembly, by a call of the commanding officers of the several counties, and sundry complaints from individuals and the enclosed copies of letters, it was thought proper to advise with your Excellency on the occasion, and send a just statement of the proceedings. The Assembly of Franklin being called, have pa<s<»d and ratified the following acta : They have opened an office for the lands reserved for the Indians, from Frencii Broad River to the Tennessee River ; also, an act 6ning and imprisoning any person who shall dare act under the authority of tlie State of North-Carolina, under which act they |)roceed with the greatest rigour, hcatintr and imprisonini:, and s»Mzing the pro[)erty by men in arras. By a third act, in order t^> complete their desiijns and draw a party to their interest, they have laid their taxes one shilling the poll and sixpence per hundred acres of land, afu»r the collection of which they give three years Ux free. These methods, with many others, such as appointing officei*s to carry into execution their treasonable acts and designs, a total subvei*sion of all laws and good government, even every sense of civilisation, are lost among them. 1 have, therefore, thought it expedient U> call upon you for your immediate assistance, having the faith and honour of the Leirislature of North-Carolina [)ledged to us, that we shall remain secure in our liberties and pro|>erties. The matter is truly alarming, and it is beyond a doubt with me that hostilities will in a short time commence^ and without the interference of government without delay, an effusion df blood must take place. I, therefore, think it highlv necessary that one thousand troops, at least, be sent, as that numl)er might have a good effect ; for should we have that number under the sanction of govern- ment, there is no doubt with me they would immediately give way, aod would not appear in so unprovoked an insurrection. On the contrary, should a faint and feeble resistance l>e made, the couHequenee night be very fatal, and would tend to devastation, ruin and distress. Should your Excellency think it convenient to call on the commonwealth of Virginia, I have reasons to believe we might meet with their aid, as tbey have fi>ur counties nearly bordering on us, and would be the most speedy assfttance we could come at, in case your troo))s do not reach us in time to relieve us. I think it highly necessary that a quantity of Ammunition be forwarded to us, as it is very scarce in this country. Thus, sir, you have before you the result of my conference with the aforementioned colonels ; it is plain where the measure therein adxised, if adopted, will end. The matter is entirely referred to government, and 1 hope -omething may be done and some measure adopted, to put a final end to the present unhappy disturbances. The officers iu Greene county hsve all engaged in tlie new state aifair, and have, therefore, refused to reoeive their commissions. There is scarcely any money in the country. I liATe been obliged to fit out this express with horse and cash to bear him down. It is to be expected your Excellency will procure some money to besr his expenses home again. Your Excellency will perceive, by oomparinff the enclosed in my last letter with this, that* the {>eople of Franklin have not assented to the agreemenjt which was entered into with their governor, for the preservation of peace and good order in this oosntry. Not many men are here engaged in vindicating the authority of Nortb-Carolina. They have hitherto behaved with that coolnens and prodence which ever ought to characterize good subjects, assured of their safety under the government they are in ; at the same time, con- -viooed that allegiance and protection are reciprocal, they expect to enjoy the 011640 they have yielded the other.

Among the papers enclosed by General Shelby to the verifor of North-Carolina, was a letter to himself from . Hutchings, of Hawkins county, of April 22d, in which, ij>eaking of the officers of the new state, he says:

They have, among them, a Major Elholm, from Geor/iinAi ^ho, I am libnned, is a great advocate for their cause ; also, a Major Jones, who firoiD Virginia. They advise Cromw^-lTs j)oIicy to be adopted, Mr. threatening confiscation and banishment. That the geutleh^e not been very candid, this Major Donelson will give you a further account of. Cocke's party are getting very insolent. 1 ex|>ect, a a few days, I shall be obliged to try his boasted number. I am ma- -^Tlg the necessary preparations, and cannot doubt Huccess if they have vt aiustance from Greene county. I have more than five their number flawkina.

Col. Anthony Bledsoe, at the time a citizen of Davidson ^^^Hinty, and of great personal influence and weight of chaitf aided, by bis presence in the disaffected counties, in keeping down any violence or outbreak. He seconded the views of General Shelby, without being so specific as to the " decided part " he wished the government of North-Carolina to act. His letter follows :