By midsummer, 1775, George Rogers Clark, a remarkably enterprising and independent young pioneer, was "engrossing all the land he could" in Kentucky. Upon his return to Virginia, as he relates, he "found there was various oppinions Respecting Henderson claim. many thought it good, others douted whether or not Virginia coud with propriety have any pretentions to the cuntrey." Jefferson displayed a liberal attitude toward the claims of the Transylvania proprietors; and Patrick Henry openly stated that, in his opinion, "their claim would stand good." But many others, of the stamp of George Mason and George Washington, vigorously asserted Virginia's charter rights over the Western territory." This sharp difference of opinion excited in Clark's mind the bold conception of seizing the leadership of the country and making terms with Virginia under threat of secession. With the design of effecting some final disposition in regard to the title of the Transylvania proprietors, Judge Henderson and Colonel Williams set off from Boonesborough about May 1st, intending first to appeal to the Virginia Convention and ultimately to lay their claims before the Continental Congress. "Since they have gone," reports Floyd to Preston, "I am told most of the men about Harrodsburg have re-assumed their former resolution of not complying with any of the office rules whatever. Jack Jones, it is said, is at the head of the party & flourishes away prodigiously." John Gabriel Jones was the mere figurehead in the revolt. The real leader, the brains of the conspiracy, was the unscrupulous George Rogers Clark. At Clark's instance, an eight-day election was held at Harrodsburg (June 7-15), at which time a petition to the Virginia Convention was drawn up; and Clark and Jones were elected delegates. Clark's plan, the scheme of a bold revolutionist, was to treat with Virginia for terms; and if they were not satisfactory, to revolt and, as he says, "Establish an Independent Government" ... "giving away great part of the Lands and disposing of the Remainder." In a second petition, prepared by the self-styled "Committee of West Fincastle" (June 20th), it was alleged that "if these pretended Proprietors have leave to continue to act in their arbitrary manner out the controul of this colony [Virginia] the end must be evident to every well wisher to American Liberty."

The contest which now ensued between Richard Henderson and George Rogers Clark, waged upon the floor of the convention and behind the scenes, resulted in a conclusion that was inevitable at a moment in American history marked by the signing of the Declaration of Independence. Virginia, under the leader ship of her new governor, Patrick Henry, put an end to the proprietary rule of the Transylvania Company. On December 7th such part of Transylvania as lay within the chartered limits of Virginia was erected by the legislature of that colony into the County of Kentucky. The proprietary form of government with its "marks of vassalage," although liberalized with the spirit of democracy, was unendurable to the independent and lawless pioneers, already intoxicated with the spirit of freedom swept in on the first fresh breezes of the Revolution. Yet it is not to be doubted that the Transylvania Company, through the courage and moral influence of its leaders, made a permanent contribution to the colonization of the West, which, in providential timeliness and effective execution, is without parallel in our early annals.

While events were thus shaping themselves in Kentucky—events which made possible Clark's spectacular and meteoric campaign in the Northwest and ultimately resulted in the establishment of the Mississippi instead of the Alleghanies as the western boundary of the Confederation—the pioneers of Watauga were sagaciously laying strong the foundations of permanent occupation. In September, 1775, North Carolina, through her Provincial Congress, provided for the appointment in each district of a Committee of Safety, to consist of a president and twelve other members. Following the lead thus set, the Watauga settlers assumed for their country the name of "Washington District"; and proceeded by unanimous vote of the people to choose a committee of thirteen, which included James Robertson and John Sevier. This district was organized "shortly after October, 1775, according to Felix Walker; and the first step taken after the election of the committee was the organization of a court, consisting of five members. Felix Walker was elected clerk of the court thus organized, and held the position for about four years. James Robertson and John Sevier, it is believed, were also members of this court. To James Robertson who, with the assistance of his colleagues, devised this primitive type of frontier rule—a true commission form of government, on the "Watauga Plan"—is justly due distinctive recognition for this notable inauguration of the independent democracy of the Old Southwest. The Watauga settlement was animated by a spirit of deepest loyalty to the American cause. In a memorable petition these hardy settlers requested the Provincial Council of North Carolina not to regard them as a "lawless mob," but to "annex" them to North Carolina without delay. "This committee (willing to become a party in the present unhappy contest)", states the petition, which must have been drafted about July 15, 1776, "resolved (which is now on our records), to adhere strictly to the rules and orders of the Continental Congress, and in open committee acknowledged themselves indebted to the united colonies their full proportion of the Continental expense."

While these disputes as to the government of the new communities were in progress an additional danger threatened the pioneers. For a whole year the British had been plying the various Indian tribes from the lakes to the gulf with presents, supplies, and ammunition. In the Northwest bounties had actually been offered for American scalps. During the spring of 1776 plans were concerted, chiefly through Stuart and Cameron, British agents among the Southern Indians, for uniting the Loyalists and the Indians in a crushing attack upon the Tennessee settlements and the back country of North Carolina. Already the frontier of South Carolina had passed through the horrors of Indian uprising; and warning of the approaching invasion had been mercifully sent the Holston settlers by Atta-kulla-kulla's niece, Nancy Ward, the "Pocahontas of the West"—doubtless through the influence of her daughter, who loved Joseph Martin. The settlers, flocking for refuge into their small stockaded forts, waited in readiness for the dreaded Indian attacks, which were made by two forces totaling some seven hundred warriors.

On July 20th, warned in advance of the approach of the Indians, the borderers, one hundred and seventy in all, marched in two columns from the rude breastwork, hastily thrown up at Eaton's Station, to meet the Indians, double their own number, led by The Dragging Canoe. The scouts surprised one party of Indians, hastily poured in a deadly fire, and rushed upon them with such impetuous fury that they fled precipitately. Withdrawing now toward their breastwork, in anticipation of encountering there a larger force, the backwoodsmen suddenly found themselves attacked in their rear and in grave danger of being surrounded. Extending their own line under the direction of Captain James Shelby, the frontiersmen steadily met the bold attack of the Indians, who, mistaking the rapid extension of the line for a movement to retreat, incautiously made a headlong onslaught upon the whites, giving the war-whoop and shouting: "The Unakas are running!" In the ensuing hot conflict at close quarters, in some places hand to hand, the Indians were utterly routed—The Dragging Canoe being shot down, many warriors wounded, and thirteen left dead upon the field.

On the day after Thompson, Cocke, Shelby, Campbell, Madison, and their men were thus winning the battle of the Long Island "flats," Robertson, Sevier, and their little band of forty-two men were engaged in repelling an attack, begun at sunrise, upon the Watauga fort near the Sycamore Shoals. This attack, which was led by Old Abraham, proved abortive; but as the result of the loose investment of the log fortress, maintained by the Indians for several weeks, a few rash venturers from the fort were killed or captured, notably a young boy who was carried to one of the Indian towns and burned at the stake, and the wife of the pioneer settler, William Been, who was rescued from a like fate by the intercession of the humane and noble Nancy Ward. It was during this siege, according to constant tradition, that a frontier lass, active and graceful as a young doe, was pursued to the very stockade by the fleet-footed savages. Seeing her plight, an athletic young officer mounted the stockade at a single leap, shot down the foremost of the pursuers, and leaning over, seized the maiden by the hands and lifted her over the stockade. The maiden who sank breathless into the arms of the young officer, John Sevier, was "Bonnie Kate Sherrill"—who, after the fashion of true romance, afterward became the wife of her gallant rescuer.

While the Tennessee settlements were undergoing the trials of siege and attack, the settlers on the frontiers of Rowan were falling beneath the tomahawk of the merciless savage. In the first and second weeks of July large forces of Indians penetrated to the outlying settlements; and in two days thirty-seven persons were killed along the Catawba River. On July 13th, the bluff old soldier of Rowan, General Griffith Rutherford, reported to the council of North Carolina that "three of our Captains are killed and one wounded"; and that he was setting out that day with what men he could muster to relieve Colonel McDowell, ten men, and one hundred and twenty women and children, who were "besieged in some kind of a fort." Aroused to extraordinary exertions by these daring and deadly blows, the governments of North Carolina, South Carolina, Virginia, and Georgia instituted a joint campaign against the Cherokees. It was believed that, by delivering a series of crushing blows to the Indians and so conclusively demonstrating the overwhelming superiority of the whites, the state governments in the Old Southwest would convince the savages of the futility, of any attempt ever again to oppose them seriously.

Within less than a week after sending his despatches to the council Rutherford set forth at the head of twenty-five hundred men to protect the frontiers of North Carolina and to overwhelm the foe. Leading the South Carolina army of more than eighteen hundred men, Colonel Andrew Williamson directed his attack against the lower Cherokee towns; while Colonel Samuel Jack led two hundred Georgians against the Indian towns at the heads of the Chattahoochee and Tugaloo Rivers. Assembling a force of some sixteen hundred Virginians, Colonel William Christian rendezvoused in August at the Long Island of Holston, where his force was strengthened by between three and four hundred North Carolinians under Colonels Joseph Williams and Love, and Major Winston. The various expeditions met with little effective opposition on the whole, succeeding everywhere in their design of utterly laying waste the towns of the Cherokees. One serious engagement occurred when the Indians resolutely challenged Rutherford's advance at the gap of the Nantahala Mountains. Indian women—heroic Amazons disguised in war-paint and armed with the weapons of warriors and the courage of despair—fought side by side with the Indian braves in the effort to arrest Rutherford's progress and compass his defeat. More than forty frontiersmen fell beneath the deadly shots of this truly Spartan band before the final repulse of the savages.

The most picturesque figures in this overwhelmingly successful campaign were the bluff old Indian-fighter, Griffith Rutherford, wearing "a tow hunting shirt, dyed black, and trimmed with white fringe" as a uniform; Captain Benjamin Cleveland, a rude paladin of gigantic size, strength, and courage; Lieutenant William Lenoir (Le Noir), the gallant and recklessly brave French Huguenot, later to win a general's rank in the Revolution; and that militant man of God, the Reverend James Hall, graduate of Nassau Hall, stalwart and manly, who carried a rifle on his shoulder and, in the intervals between the slaughter of the savages, preached the gospel to the vindictive and bloodthirsty backwoodsmen. Such preaching was sorely needed on that campaign—when the whites, maddened beyond the bounds of self-control by the recent ghastly murders, gladly availed themselves of the South Carolina bounty offered for fresh Indian scalps. At times they exultantly displayed the reeking patches of hair above the gates of their stockades; at others, with many a bloody oath, they compelled their commanders either to sell the Indian captives into slavery or else see them scalped on the spot. Twenty years afterward Benjamin Hawkins relates that among Indian refugees in extreme western Georgia the children had been so terrorized by their parents' recitals of the atrocities of the enraged borderers in the campaign of 1776, that they ran screaming from the face of a white man.



CHAPTER XVII. The Colonization of the Cumberland

March 31, 1760. Set out this day, and after running some distance, met with Col. Richard Henderson, who was running the line between Virginia and North Carolina. At this meeting we were much rejoiced. He gave us every information we wished, and further informed us that he had purchased a quantity of corn in Kentucky, to be shipped at the Falls of Ohio, for the use of the Cumberland settlement. We are now without bread, and are compelled to hunt the buffalo to preserve life.—John Donelson: Journal of a Voyage, intended by God's permission, in the good boat Adventure, from Fort Patrick Henry, on Holston River, to the French Salt Springs on Cumberland River.

To the settlements in Tennessee and Kentucky, which they had seized and occupied, the pioneers held on with a tenacious grip which never relaxed. From these strongholds, won through sullen and desperate strokes, they pushed deeper into the wilderness, once again to meet with undimmed courage the bitter onslaughts of their resentful foes. The crushing of the Cherokees in 1776 relieved the pressure upon the Tennessee settlers, enabling them to strengthen their hold and prepare effectively for future eventualities; the possession of the gateway to Kentucky kept free the passage for Western settlement; Watauga and its defenders continued to offer a formidable barrier to British invasion of the East from Kentucky and the Northwest during the Revolution; while these Tennessee frontiersmen were destined soon to set forth again to invade a new wilderness and at frightful cost to colonize the Cumberland.

The little chain of stockades along the farflung frontier of Kentucky was tenaciously held by the bravest of the race, grimly resolved that this chain must not break. The Revolution precipitated against this chain wave after wave of formidable Indian foes from the Northwest under British leadership. At the very time when Grifth Rutherford set out for the relief of McDowell's Fort, a marauding Indian band captured by stealth near the Transylvania Fort, known as Boone's Fort (Boonesborough), Elizabeth and Frances Callaway, and Jemima Boone, the daughters of Richard Callaway and Daniel Boone, and rapidly marched them away toward the Shawanoe towns on the Ohio. A relief party, in two divisions, headed respectively by the young girls' fathers, and composed among others of the lovers of the three girls, Samuel Henderson, John Holder, and Flanders Callaway, pursued them with almost incredible swiftness. Guided by broken twigs and bits of cloth surreptitiously dropped by Elizabeth Callaway, they finally overtook the unsuspecting savages, killed two of them, and rescued the three maidens unharmed. This romantic episode—which gave Fenimore Cooper the theme for the most memorable scene in one of his Leatherstocking Tales had an even more romantic sequel in the subsequent marriage of the three pairs of lovers.

This bold foray, so shrewdly executed and even more sagaciously foiled, was a true precursor of the dread happenings of the coming neighborhood of the stations; and relief was felt when the Transylvania Fort, the great stockade planned by Judge Henderson, was completed by the pioneers (July, 1776). Glad tidings arrived only a few days later when the Declaration of Independence, read aloud from the Virginia Gazette, was greeted with wild huzzas by the patriotic backwoodsmen. During the ensuing months occasional invasions were made by savage bands; but it was not until April 24, 1777, that Henderson's "big fort" received its first attack, being invested by a company of some seventy-five savages. The twenty-two riflemen in the fort drove off the painted warriors, but not before Michael Stoner, Daniel Boone, and several others were severely wounded. As he lay helpless upon the ground, his ankle shattered by a bullet, Boone was lifted by Simon Kenton and borne away upon his shoulders to the haven of the stockade amid a veritable shower of balls. The stoical and taciturn Boone clasped Kenton's hand and gave him the accolade of the wilderness in the brief but heartfelt utterance; "You are a fine fellow." On July 4th of this same year the fort was again subjected to siege, when two hundred gaudily painted savages surrounded it for two days. But owing to the vigilance and superb markmanship of the defenders, as well as to the lack of cannon by the besieging force, the Indians reluctantly abandoned the siege, after leaving a number dead upon the field. Soon afterward the arrival of two strong bodies of prime riflemen, who had been hastily summoned from the frontiers of North Carolina and Virginia, once again made firm the bulwark of white supremacy in the West.

Kentucky's terrible year, 1778, opened with a severe disaster to the white settlers—when Boone with thirty men, while engaged in making salt at the "Lower Salt Spring," was captured in February by more than a hundred Indians, sent by Governor Hamilton of Detroit to drive the white settlers from "Kentucke." Boone remained in captivity until early summer, when, learning that his Indian captors were planning an attack in force upon the Transylvania Fort, he succeeded in effecting his escape. After a break-neck journey of one hundred and sixty miles, during which he ate but one meal, Boone finally arrived at the big fort on June 20th. The settlers were thus given ample time for preparation, as the long siege did not begin until September 7th. The fort was invested by a powerful force flying the English flag—four hundred and forty-four savages gaudy in the vermilion and ochre of their war-paint, and eleven Frenchmen, the whole being commanded by the French-Canadian, Captain Dagniaux de Quindre, and the great Indian Chief, Black-fish who had adopted Boone as a son. In the effort to gain his end de Quindre resorted to a dishonorable stratagem, by which he hoped to outwit the settlers and capture the fort with but slight loss. "They formed a scheme to deceive us," says Boone, "declaring it was their orders, from Governor Hamilton, to take us captives, and not to destroy us; but if nine of us would come out and treat with them, they would immediately withdraw their forces from our walls, and return home peacably." Transparent as the stratagem was, Boone incautiously agreed to a conference with the enemy; Callaway alone took the precaution to guard against Indian duplicity. After a long talk, the Indians proposed to Boone, Callaway, and the seven or eight pioneers who accompanied them that they shake hands in token of peace and friendship. As picturesquely described by Daniel Trabue:

"The Indians sayed two Indians must shake hands with one white man to make a Double or sure peace at this time the Indians had hold of the white men's hands and held them. Col. Calloway objected to this but the other Indians laid hold or tryed to lay hold of the other hand but Colonel Calloway was the first that jerked away from them but the Indians seized the men two Indians holt of one man or it was mostly the case and did their best to hold them but while the man and Indians was a scuffling the men from the Fort agreeable to Col. Calloway's order fired on them they had a dreadful skuffel but our men all got in the fort safe and the fire continued on both sides."

During the siege Callaway, the leader of the pioneers, made a wooden cannon wrapped with wagon tires, which on being fired at a group of Indians "made them scamper perdidiously." The secret effort of the Indians to tunnel a way underground into the fort, being discovered by the defenders, was frustrated by a countermine. Unable to outwit, outfight, or outmaneuver the resourceful Callaway, de Quindre finally withdrew on September 16th, closing the longest and severest attack that any of the fortified stations of Kentucky had ever been called upon to withstand.

The successful defense of the Transylvania Fort, made by these indomitable backwoodsmen who were lost sight of by the Continental Congress and left to fight alone their battles in the forests, was of national significance in its results. Had the Transylvania Fort fallen, the northern Indians in overwhelming numbers, directed by Hamilton and led by British officers, might well have swept Kentucky free of defenders and fallen with devastating force upon the exposed settlements along the western frontiers of North Carolina, Virginia, and Pennsylvania, This defense of Boonesborough, therefore, is deserving of commemoration in the annals of the Revolution, along with Lexington and Bunker's Hill. Coupled with Clark's meteoric campaign in the Northwest and the subsequent struggles in the defense of Kentucky, it may be regarded as an event basically responsible for the retention of the trans-Alleghany region by the United States. The bitter struggles, desperate sieges, and bloody reprisals of these dark years came to a close with the expeditions of Clark and Logan in November, 1782, which appropriately concluded the Revolution in the West by putting a definite end to all prospect of formidable invasion of Kentucky.

In November, 1777, "Washington District," the delegates of which had been received in the preceding year by the Provincial Congress of North Carolina, was formed by the North Carolina General Assembly into Washington County; and to it were assigned the boundaries of the whole of the present state of Tennessee. While this immense territory was thus being definitely included within the bounds of North Carolina, Judge Henderson on behalf of the Transylvania Company was making a vigorous effort to secure the reestablishment of its rights from the Virginia Assembly. By order of the Virginia legislature, an exhaustive investigation of the claims of the Transylvania Company was therefore made, hearings being held at various points in the back country. On July 18, 1777, Judge Henderson presented to the peace commissioners for North Carolina and Virginia at the Long Island treaty ground an elaborate memorial in behalf of the Transylvania Company, which the commissioners unanimously refused to consider, as not coming under their jurisdiction. Finally, after a full and impartial discussion before the Virginia House of Delegates, that body declared the Transylvania purchase void. But in consideration of "the very great expense [incurred by the company] in making the said purchase, and in settling the said lands, by which the commonwealth is likely to receive great advantage, by increasing its inhabitants, and establishing a barrier against the Indians," the House of Delegates granted Richard Henderson and Company two hundred thousand acres of land situated between the Ohio and Green rivers, where the town of Henderson, Kentucky, now stands. With this bursting of the Transylvania bubble and the vanishing of the golden dreams of Henderson and his associates for establishing the fourteenth American colony in the heart of the trans-Alleghany, a first romantic chapter in the history of Westward expansion comes to a close.

But another and more feasible project immediately succeeded. Undiscouraged by Virginia's confiscation of Transylvania, and disregarding North Carolina's action in extending her boundaries over the trans-Alleghany region lying within her chartered limits, Henderson, in whom the genius of the colonizer and the ambition of the speculative capitalist were found in striking conjunction, was now inspired to repeat, along broader and more solidly practical lines, the revolutionary experiment of Transylvania. It was not his purpose, however, to found an independent colony; for he believed that millions of acres in the Transylvania purchase lay within the bounds of North Carolina, and he wished to open for colonization, settlement, and the sale of lands, the vast wilderness of the valley of the Cumberland supposed to lie within those confines. But so universal was the prevailing uncertainty in regard to boundaries that it was necessary to prolong the North Carolina-Virginia line in order to determine whether or not the Great French Lick, the ideal location for settlement, lay within the chartered limits of North Carolina.

Judge Henderson's comprehensive plans for the promotion of an extensive colonization of the Cumberland region soon began to take form in vigorous action. Just as in his Transylvania project Henderson had chosen Daniel Boone, the ablest of the North Carolina pioneers, to spy out the land and select sites for future location, so now he chose as leader of the new colonizing party the ablest of the Tennessee pioneers, James Robertson. Although he was the acknowledged leader of the Watauga settlement and held the responsible position of Indian agent for North Carolina, Robertson was induced by Henderson's liberal offers to leave his comparatively peaceful home and to venture his life in this desperate hazard of new fortunes. The advance party of eight white men and one negro, under Robertson's leadership, set forth from the Holston settlement on February 6, 1779, to make a preliminary exploration and to plant corn "that bread might be prepared for the main body of emigrants in the fall." After erecting a few cabins for dwellings and posts of defense, Robertson plunged alone into the wilderness and made the long journey to Post St. Vincent in the Illinois, in order to consult with George Rogers Clark, who had entered for himself in the Virginia Land Office several thousand acres of land at the French Lick. After perfecting arrangements with Clark for securing "cabin rights" should the land prove to lie in Virginia, Robertson returned to Watauga to take command of the migration.

Toward the end of the year two parties set out, one by land, the other by water, for the wonderful new country on the Cumberland of which Boone and Scaggs and Mansker had brought back such glowing descriptions. During the autumn Judge Henderson and other commissioners from North Carolina, in conjunction with commissioners from Virginia, had been running out the boundary line between the two states. On the very day—Christmas, 1779—that Judge Henderson reached the site of the Transylvania Fort, now called Boonesborough, the swarm of colonists from the parent hive at Watauga, under Robertson's leadership, reached the French Lick and on New Year's Day, 1780, crossed the river on the ice to the present site of Nashville.

The journal of the other party, which, as has been aptly said, reads like a chapter from one of Captain Mayne Reid's fascinating novels of adventure, was written by Colonel John Donelson, the father-in-law of Andrew Jackson. Setting out from Fort Patrick Henry on Holston River, December 22, 1779, with a flotilla consisting of about thirty flatboats, dugouts, and canoes, they encountered few difficulties until they began to run the gauntlet of the Chickamauga towns on the Tennessee. Here they were furiously attacked by the Indians, terrible in their red and black war-paint; and a well-filled boat lagging in the rear, with smallpox on board, was driven to shore by the Indians. The occupants were massacred; but the Indians at once contracted the disease and died by the hundreds. This luckless sacrifice of "poor Stuart, his family and friends," while a ghastly price to pay, undoubtedly procured for the Cumberland settlements comparative immunity from Indian forays until the new-comers had firmly established themselves in their wilderness stronghold. Eloquent of the granite endurance and courageous spirit of the typical American pioneer in its thankfulness for sanctuary, for reunion of families and friends, and for the humble shelter of a log cabin, is the last entry in Donelson's diary (April 24, 1780):

"This day we arrived at our journey's end at the Big Salt Lick, where we have the pleasure of finding Capt. Robertson and his company. It is a source of satisfaction to us to be enabled to restore to him and others their families and friends, who were intrusted to our care, and who, some time since, perhaps, despaired of ever meeting again. Though our prospects at present are dreary, we have found a few log cabins which have been built on a cedar bluff above the Lick by Capt. Robertson and his company."

In the midst of the famine during this terrible period of the "hard winter," Judge Henderson was sorely concerned for the fate of the new colony which he had projected, and immediately proceeded to purchase at huge cost a large stock of corn. On March 5, 1780, this corn, which had been raised by Captain Nathaniel Hart, was "sent from Boonesborough in perogues [pettiaugers or flatboats] under the command of William Bailey Smith.... This corn was taken down the Kentucky River, and over the Falls of Ohio, to the mouth of the Cumberland, and thence up that river to the fort at the French Lick. It is believed have been the only bread which the settlers had until it was raised there in 1781." There is genuine impressiveness in this heroic triumphing over the obstacles of obdurate nature and this paternalistic provision for the exposed Cumberland settlement—the purchase by Judge Henderson, the shipment by Captain Hart, and the transportation by Colonel Smith, in an awful winter of bitter cold and obstructed navigation, of this indispensable quantity of corn purchased for sixty thousand dollars in depreciated currency.

Upon his arrival at the French Lick, shortly after the middle of April, Judge Henderson at once proceeded to organize a government for the little community. On May 1st articles of association were drawn up; and important additions thereto were made on May 13th, when the settlers signed the complete series. The original document, still preserved, was drafted by Judge Henderson, being written throughout in his own handwriting; and his name heads the list of two hundred and fifty and more signatures. The "Cumberland Compact," as this paper is called, is fundamentally a mutual contract between the copartners of the Transylvania Company and the settlers upon the lands claimed by the company. It represents the collective will of the community; and on account of the careful provisions safeguarding the rights of each party to the contract it may be called a bill of rights. The organization of this pure democracy was sound and admirable—another notable early example of the commission form of government. The most remarkable feature of this backwoods constitution marks Judge Henderson as a pioneer in the use of the political device so prominent to-day, one hundred and forty years later—the "recall of judges." In the following striking clause this innovation in government was recognized thus early in American history as the most effective means of securing and safeguarding justice in a democracy:

"As often as the people in general are dissatisfied with the doings of the Judges or Triers so to be chosen, they may call a new selection in any of the said stations, and elect bothers in their stead, having due respect to the number now agreed to be elected at each station, which persons so to be chosen shall have the same power with those in whose room or place they shall or may be chosen to act."

A land-office was now opened, the entry-taker being appointed by Judge Henderson, in accordance with the compact; and the lands, for costs of entry, etc., were registered for the nominal fee of ten dollars per thousand acres. But as the Transylvania Company was never able to secure a "satisfactory and indisputable title," the clause resulted in perpetual nonpayment. In 1783, following the lead of Virginia in the case of Transylvania, North Carolina declared the Transylvania Company's purchase void, but granted the company in compensation a tract of one hundred and ninety thousand acres in Powell's Valley. As compensation, the grants of North Carolina and Virginia were quite inadequate, considering the value of the service in behalf of permanent western colonization rendered by the Transylvania company.

James Robertson was chosen as presiding officer of the court of twelve commissioners, and was also elected commander-in-chief of the military forces of the eight little associated settlements on the Cumberland. Here for the next two years the self-reliant settlers under Robertson's wise and able leadership successfully repelled the Indians in their guerrilla warfare, firmly entrenched themselves in their forest-girt stronghold, and vindicated their claim to the territory by right of occupation and conquest. Here sprang up in later times a great and populous city—named, strangely enough, neither for Henderson, the founder, nor for Robertson and Donelson, the leaders of the two colonizing parties, but for one having no association with its history or origins, the gallant North Carolinian, General Francis Nash, who was killed at the Battle of Germantown.



CHAPTER XVIII. King's Mountain

With the utmost satisfaction I can acquaint you with the sudden and favorable turn of our public affairs. A few days ago destruction hung over our heads. Cornwallis with at least 1500 British and Tories waited at Charlotte for the reinforcement of 1000 from Broad River, which reinforcement has been entirely cut off, 130 killed and the remainder captured. Cornwallis immediately retreated, and is now on his way toward Charleston, with part of our army in his rear....—Elizabeth Maxwell Steel: Salisbury, October 25, 1780.

So thoroughly had the Cherokees been subdued by the devastations of the campaign of 1776 that for several years thereafter they were unable to organize for a new campaign against the backwoodsmen along the frontiers of North Carolina and Tennessee. During these years the Holston settlers principally busied themselves in making their position secure, as well as in setting their house in order by severely punishing the lawless Tory element among them. In 1779 the Chickamaugas, with whom The Dragging Canoe and his irreconcilable followers among the Cherokees had joined hands after the campaign of 1776, grew so bold in their bloody forays upon small exposed settlements that North Carolina and Virginia in conjunction despatched a strong expedition against them. Embarking on April 10th at the mouth of Big Creek near the present Rogersville, Tennessee, three hundred and fifty men led by Colonel Evan Shelby descended the Tennessee to the fastnesses of the Chickamaugas. Meeting with no resistance from the astonished Indians, who fled to the shelter of the densely wooded hills, they laid waste the Indian towns and destroyed the immense stores of goods collected by the British agents for distribution among the red men. The Chickamaugas were completely quelled; and during the period of great stress through which the Tennessee frontiersmen were soon to pass, the Cherokees were restrained through the wise diplomacy of Joseph Martin, Superintendent of Indian affairs for Virginia.

The great British offensive against the Southern colonies, which were regarded as the vulnerable point in the American Confederacy, was fully launched upon the fall of Charleston in May, 1780. Cornwallis established his headquarters at Camden; and one of his lieutenants, the persuasive and brilliant Ferguson, soon rallied thousands of Loyalists in South Carolina to the British standard. When Cornwallis inaugurated his campaign for cutting Washington wholly off from the Southern colonies by invading North Carolina, the men upon the western waters realized that the time had come to rise, in defense of their state and in protection of their homes. Two hundred Tennessee riflemen from Sullivan County, under Colonel Isaac Shelby, were engaged in minor operations in South Carolina conducted by Colonel Charles McDowell; and conspicuous among these engagements was the affair at Musgrove's Mill on August 18th when three hundred horsemen led by Colonel James Williams, a native of Granville County, North Carolina, Colonel Isaac Shelby, and Lieutenant-Colonel Clark of Georgia repulsed with heavy loss a British force of between four and five hundred.

These minor successes availed nothing in face of the disastrous defeat of Gates by Cornwallis at Camden on August 16th and the humiliating blow to Sumter at Rocky Mount on the following day. Ferguson hotly pursued the frontiersmen, who then retreated over the mountains; and from his camp at Gilbert Town he despatched a threatening message to the Western leaders, declaring that if they did not desist from their opposition to the British arms and take protection under his standard, he would march his army over the mountains and lay their country waste with fire and sword. Stung to action, Shelby hastily rode off to consult with Sevier at his log castle near Jonesboro; and together they matured a plan to arouse the mountain men and attack Ferguson by surprise. In the event of failure, these wilderness free-lances planned to leave the country and find a home with the Spaniards in Louisiana.

At the original place of rendezvous, the Sycamore Shoals of the Watauga, the overmountain men gathered on September 25th. There an eloquent sermon was preached to them by that fiery man of God, the Reverend Samuel Doak, who concluded his discourse with a stirring invocation to the sword of the Lord and of Gideon—a sentiment greeted with the loud applause of the militant frontiersmen. Here and at various places along the march they were joined by detachments of border fighters summoned to join the expedition—Colonel William Campbell, who with some reluctance had abandoned his own plans in response to Shelby's urgent and repeated message, in command of four hundred hardy frontiersmen from Washington County, Virginia; Colonel Benjamin Cleveland, with the wild fighters of Wilkes known as "Cleveland's Bulldogs"; Colonel Andrew Hampton, with the stalwart riflemen of Rutherford; Major Joseph Winston, the cousin of Patrick Henry, with the flower of the citizenry of Surry; the McDowells, Charles and Joseph, with the bold borderers of Burke; Colonels Lacy and Hill, with well-trained soldiers of South Carolina; and Brigadier-General James Williams, leading the intrepid Rowan volunteers.

Before breaking camp at Quaker Meadows, the leading officers in conference chose Colonel William Campbell as temporary officer of the day, until they could secure a general officer from headquarters as commander-in-chief. The object of the mountaineers and big-game hunters was, in their own terms, to pursue Ferguson, to run him down, and to capture him. In pursuance of this plan, the leaders on arriving at the ford of Green River chose out a force of six hundred men, with the best mounts and equipment; and at daybreak on October 6th this force of picked mounted riflemen, followed by some fifty "foot-cavalry" eager to join in the pursuit, pushed rapidly on to the Cowpens. Here a second selection took place; and Colonel Campbell, was again elected commander of the detachment, now numbering some nine hundred and ten horsemen and eighty odd footmen, which dashed rapidly on in pursuit of Ferguson.

The British commander had been apprised of the coming of the over-mountain men. Scorning to make a forced march and attempt to effect a junction with Cornwallis at Charlotte, Ferguson chose to make a stand and dispose once for all of the barbarian horde whom he denounced as mongrels and the dregs of mankind. After despatching to Cornwallis a message asking for aid, Ferguson took up his camp on King's Mountain, just south of the North Carolina border line, in the present York County, South Carolina. Here, after his pickets had been captured in silence, he was surprised by his opponents. At three o'clock in the afternoon of October 7th the mountain hunters treed their game upon the heights.

The battle which ensued presents an extraordinary contrast in the character of the combatants and the nature of the strategy and tactics. Each party ran true to form—Ferguson repeating Braddock's suicidal policy of opposing bayonet charges to the deadly fusillade of riflemen, who in Indian fashion were carefully posted behind trees and every shelter afforded by the natural inequalities of the ground. In the army of the Carolina and Virginia frontiersmen, composed of independent detachments recruited from many sources and solicitous for their own individual credit, each command was directed in the battle by its own leader. Campbell—like Cleveland, Winston, Williams, Lacey, Shelby, McDowell, Sevier, and Hambright—personally led his own division; but the nature of the fighting and the peculiarity of the terrain made it impossible for him, though the chosen commander of the expedition, actually to play that role in the battle. The plan agreed upon in advance by the frontier leaders was simple enough—to surround and capture Ferguson's camp on the high plateau. The more experienced Indian fighters, Sevier and Shelby, unquestionably suggested the general scheme which in any case would doubtless have been employed by the frontiersmen; it was to give the British "Indian play"—namely to take cover everywhere and to fire from natural shelter. Cleveland, a Hercules in strength and courage who had fought the Indians and recognized the wisdom of Indian tactics, ordered his men, as did some of the other leaders, to give way before a bayonet charge, but to return to the attack after the charge had spent its force.

"My brave fellows," said Cleveland, "every man must consider himself an officer, and act from his own judgment. Fire as quick as you can, and stand your ground as long as you can. When you can do no better, get behind trees, or retreat; but I beg you not to run quite off. If we are repulsed, let us make a point of returning and renewing the fight; perhaps we may have better luck in the second attempt than in the first."

The plateau upon which Ferguson was encamped was the top of an eminence some six hundred yards long and about two hundred and fifty yards from one base across to the other; and its shape was that of an Indian paddle, varying from one hundred and twenty yards at the blade to sixty yards at the handle in width. Outcropping boulders upon the outer edge of the plateau afforded some slight shelter for Ferguson's force; but, unsuspicious of attack, Ferguson had made no abatis to protect his camp from the assault to which it was so vulnerable because of the protection of the timber surrounding it on all sides. As to the disposition of the attacking force, the center to the northeast was occupied by Cleveland with his "Bulldogs," Hambright with his South Fork Boys from the Catawba (now Lincoln County, North Carolina), and Winston with his Surry riflemen; to the south were the divisions of Joseph McDowell, Sevier, and Campbell; while Lacey's South Carolinians, the Rowan levies under Williams, and the Watauga borderers under Shelby were stationed upon the north side. Ferguson's forces consisted of Provincial Rangers, one hundred and fifty strong, and other well-drilled Loyalists, between eight and nine hundred in number; but his strength was seriously weakened by the absence of a foraging party of between one and two hundred who had gone off on the morning the battle occurred. Shelby's men, before getting into position, received a hot fire, the opening shots of the engagement. This inspired Campbell, who now threw off his coat, to shout encouraging orders to his men posted on the side of the mountain opposite to Shelby's force. When Campbell's Virginians uttered a series of piercing shouts, the British officer, De Peyster, second in command, remarked to his chief: "These things are ominous—these are the damned yelling boys."

The battle, which lasted some minutes short of an hour, was waged with terrific ferocity. The Loyalist militia, whenever possible, fired from the shelter of the rocks; while the Provincial Corps, with fixed bayonets, steadily charged the frontiersmen, who fired at close range and then rapidly withdrew to the very base of the mountain. After each bayonet charge the Provincials coolly withdrew to the summit, under the accumulating fire of the returning mountaineers, who quickly gathered in their rear. Owing to their elevated location, the British, although using the rapid-fire breech-loading rifle invented by Ferguson himself, found their vision deflected, and continually fired high, thus suffering from nature's handicap, refraction. The militia, using sharpened butcher-knives which Ferguson had taught them to utilize as bayonets, charged against the mountaineers; but their fire, in answer to the deadly fusillade of the expert squirrel-shooters, was belated, owing to the fact that they could not fire while the crudely improvised bayonets remained inserted in their pieces. The Americans, continually firing upward, found ready marks for their aim in the clearly delineated outlines of their adversaries, and felt the fierce exultation which animates the hunter who has tracked to its lair and surrounded wild game at bay.

The leaders of the various divisions of the mountaineers bore themselves with impetuous bravery, recklessly rushing between the lines of fire and with native eloquence, interspersed with profanity, rallying their individual commands again and again to the attack. The valiant Campbell scaled the rugged heights, loudly encouraging his men to the ascent. Cleveland, resolutely facing the foe, urged on is Bulldogs with the inspiriting words: "Come, boys; let's try 'em again. We'll have better luck next time." No sooner did Shelby's men reach the bottom of the hill, in retreating before a charge, than their commander, fiery and strenuous, ardently shouted: "Now boys, quickly reload your rifles, and let's advance upon them, and give them another hell of a fire." The most deadly charge, led by De Peyster himself, fell upon Hambright's South Fork boys; and one of their gallant officers, Major Chronicle, waving his military hat, was mortally wounded, the command, "Face to the hill!", dying on his lips. These veteran soldiers, unlike the mountaineers, firmly met the shock of the charge, and a number of their men were shot down or transfixed; but the remainder, reserving their fire until the charging column was only a few feet away, poured in a deadly volley before retiring. The gallant William Lenoir, whose reckless bravery made him a conspicuous target for the enemy, received several wounds and emerged from the battle with his hair and clothes torn by balls. The ranking American officer, Brigadier General James Williams, was mortally wounded while "on the very top of the mountain, in the thickest of the fight"; and as he momentarily revived, his first words were: "For God's sake, boys, don't give up the hill." Hambright, sorely wounded, his boot overflowing with blood and his hat riddled with three bullet holes, declined to dismount, but pressed gallantly forward, exclaiming in his "Pennsylvania Dutch": "Huzza, my prave poys, fight on a few minutes more, and the pattle will be over!" On the British side, Ferguson was supremely valorous, rapidly dashing from one point to another, rallying his men, oblivious to all danger. Wherever the shrill note of his silver whistle sounded, there the fighting was hottest and the British resistance the most stubborn. His officers fought with the characteristic steadiness of the British soldier; and again and again his men charged headlong against the wavering and fiery circle of the frontiersmen.

Ferguson's boast that "he was on King's Mountain, that he was king of the Mountain, and God Almighty could not drive him from it" was doubtless prompted, less by a belief in the impregnability of his position, than by a desperate desire to inspire confidence in his men. His location was admirably chosen for defense against attack by troops employing regulation tactics; but, never dreaming of the possibility of sudden investment, Ferguson had erected no fortifications for his encampment. His frenzied efforts on the battlefield seem like a mad rush against fate; for the place was indefensible against the peculiar tactics of the frontiersmen. While the mountain flamed like a volcano and resounded with the thunder of the guns, a steady stricture was in progress. The lines were drawn tighter and tighter around the trapped and frantically struggling army; and at last the fall of their commander, riddled with bullets, proved the tragic futility of further resistance. The game was caught and bagged to a man. When Winston, with his fox-hunters of Surry, dashed recklessly through the woods, says a chronicler of the battle, and the last to come into position,

Flow'd in, and settling, circled all the lists,

then

From all the circle of the hills death sleeted in upon the doomed.

The battle was decisive in its effect—shattering the plans of Cornwallis, which till then appeared certain of success. The victory put a full stop to the invasion of North Carolina, which was then well under way. Cornwallis abandoned his carefully prepared campaign and immediately left the state. After ruthlessly hanging nine prisoners, an action which had an effectively deterrent effect upon future Tory murders and depredations, the patriot force quietly disbanded. The brilliant initiative of the buckskin-clad borderers, the strenuous energy of their pursuit, the perfection of their surprise—all reinforced by the employment of ideal tactics for meeting the given situation—were the controlling factors in this overwhelming victory of the Revolution. The pioneers of the Old Southwest—the independent and aggressive yeomanry of North Carolina, Virginia, and South Carolina—had risen in their might. Without the aid or authority of blundering state governments, they had created an army of frontiersmen, Indian-fighters, and big-game hunters which had found no parallel or equal on the continent since the Battle of the Great Kanawha.



CHAPTER XIX. The State of Franklin

Designs of a more dangerous nature and deeper die seem to glare in the western revolt .... I have thought proper to issue this manifesto, hereby warning all persons concerned in the said revolt ... 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 or stipulated, to the mutual satisfaction of the mother and new State.... Let your proposals be consistent with the honour of the State 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.—Governor Alexander Martin: Manifesto against the State of Franklin, April 25, 1785.

To the shrewd diplomacy of Joseph Martin, who held the Cherokees in check during the period of the King's Mountain campaign, the settlers in the valleys of the Watauga and the Holston owed their temporary immunity from Indian attack. But no sooner did Sevier and his over-mountain men return from the battle-field of King's Mountain than they were called upon to join in an expedition against the Cherokees, who had again gone on the war-path at the instigation of the British. After Sevier with his command had defeated a small party of Indians at Boyd's Creek in December, the entire force of seven hundred riflemen, under the command of Colonel Arthur Campbell, with Major Joseph Martin as subordinate, penetrated to the heart of the Indian country, burned Echota, Chilhowee, Settiquo, Hiawassee, and seven other principal villages, and destroyed an immense amount of property and supplies. In March, suspecting that the arch-conspirators against the white settlers were the Cherokees at the head waters of the Little Tennessee, Sevier led one hundred and fifty horsemen through the devious mountain defiles and struck the Indians a swift and unexpected blow at Tuckasegee, near the present Webster, North Carolina. In this extraordinarily daring raid, one of his most brilliant feats of arms, Sevier lost only one man killed and one wounded; while upon the enemy he inflicted the loss of thirty killed, took many more prisoners, burned six Indian towns, and captured many horses and supplies. Once his deadly work was done, Sevier with his bold cavaliers silently plunged again into the forest whence he had so suddenly emerged, and returned in triumph to the settlements.

Disheartened though the Indians were to see the smoke of their burning towns, they sullenly remained averse to peace; and they did not keep the treaty made at Long Island in July, 1781. The Indians suffered from very real grievances at the hands of the lawless white settlers who persisted in encroaching upon the Indian lands. When the Indian ravages were resumed, Sevier and Anderson, the latter from Sullivan County, led a punitive expedition of two hundred riflemen against the Creeks and the Chickamaugas; and employing the customary tactics of laying waste the Indian towns, administered stern and salutary chastisement to the copper-colored marauders.

During this same period the settlers on the Cumberland were displaying a grim fortitude and stoical endurance in the face of Indian attack forever memorable in the history of the Old Southwest. On the night of January 15, 1781, the settlers at Freeland's Station, after a desperate resistance, succeeded in beating off the savages who attacked in force. At Nashborough on April 2d, twenty of the settlers were lured from the stockade by the artful wiles of the savages; and it was only after serious loss that they finally won their way back to the protection of the fort. Indeed, their return was due to the fierce dogs of the settlers, which were released at the most critical moment, and attacked the astounded Indians with such ferocity that the diversion thus created enabled the settlers to escape from the deadly trap. During the next two years the history of the Cumberland settlements is but the gruesome recital of murder after murder of the whites, a few at a time, by the lurking Indian foe. Robertson's dominant influence alone prevented the abandonment of the sorely harassed little stations. The arrival of the North Carolina commissioners for the purpose of laying off bounty lands and settlers' preemptions, and the treaty of peace concluded at the French Lick on November 5 and 6, 1783, gave permanence and stability to the Cumberland settlements. The lasting friendship of the Chickasaws was won; but the Creeks for some time continued to harass the Tennessee pioneers. The frontiersmen's most formidable foe, the Cherokees, stoically, heroically fighting the whites in the field, and smallpox, syphilis, and drunkenness at home, at last abandoned the unequal battle. The treaty at Hopewell on November 28, 1785, marks the end of an era—the Spartan yet hopeless resistance of the intrepid red men to the relentless and frequently unwarranted expropriation by the whites of the ancient and immemorial domain of the savage.

The skill in self-government of the isolated people beyond the mountains, and the ability they had already demonstrated in the organization of "associations," received a strong stimulus on June 2, 1784, when the legislature of North Carolina ceded to the Congress of the United States the title which that state possessed to the land west of the Alleghanies. Among the terms of the Cession Act were these conditions: that the ceded territory should be formed into a separate state or states; and that if Congress should not accept the lands thus ceded and give due notice within two years, the act should be of no force and the lands should revert to North Carolina. No sooner did this news reach the Western settlers than they began to mature plans for the organization of a government during the intervening twelve months. Their exposed condition on the frontiers, still harassed by the Indians, and North Carolina's delay in sending goods promised the Indians by a former treaty, both promoted Indian hostility; and these facts, combined with their remote location beyond the mountains, rendering them almost inaccessible to communication with North Carolina—all rendered the decision of the settlers almost inevitable. Moreover, the allurements of high office and the dazzling dreams of ambition were additional motives sufficiently human in themselves to give driving power to the movement toward independence.

At a convention assembled at Jonesborough on August 23, 1784, delegates from the counties of Washington, Sullivan, and Greene characteristically decided to organize an "Association." They solemnly declared by resolution: "We have a just and undeniable right to petition to Congress to accept the session made by North Carolina, and for that body to countenance us for forming ourselves into a separate government, and to frame either a permanent or temporary constitution, agreeably to a resolve of Congress...." Meanwhile, Governor Martin, largely as the result of the prudent advice of North Carolina's representative in Congress, Dr. Hugh Williamson, was brought to the conclusion that North Carolina, in the passage of the cession act, had acted precipitately. This important step had been taken without the full consideration of the people of the state. Among the various arguments advanced by Williamson was the impressive contention that, in accordance with the procedure in the case of other states, the whole expense of the huge Indian expeditions in 1776 and the heavy militia aids to South Carolina and Georgia should be credited to North Carolina as partial fulfilment of her continental obligations before the cession should be irrevocably made to the Federal government. Williamson's arguments proved convincing; and it was thus primarily for economic reasons of far reaching national importance that the assembly of North Carolina (October 22 to November 25, 1784) repealed the cession act made the preceding spring.

Before the news of the repeal of the cession act could reach the western waters, a second convention met at Jonesborough on December 17th. Sentiment at this time was much divided, for a number of the people, expecting the repeal of the cession act, genuinely desired a continued allegiance to North Carolina. Of these may well have been John Sevier, who afterward declared to Joseph Martin that he had been "Draged into the Franklin measures by a large number of the people of this country." The principal act of this convention was the adoption of a temporary constitution for six months and the provision for a convention to be held within one year, at the expiration of which time this constitution should be altered, or adopted as the permanent constitution of the new state. The scholars on the western waters, desiring to commemorate their aspirations for freedom, chose as the name of the projected new state: "Frankland"—the Land of the Free. The name finally chosen, however, perhaps for reasons of policy, was "Franklin," in honor of Benjamin Franklin. Meanwhile, in order to meet the pressing needs for a stable government along the Tennessee frontier, the North Carolina assembly, which repealed the cession act, created out of the four western counties the District of Washington, with John Haywood as presiding judge and David Campbell as associate, and conferred upon John Sevier the rank of brigadier general of the new district. The first week in December Governor Martin sent to Sevier his military commission; and replying to Joseph Martin's query (December 31, 1784, prompted by Governor Martin) as to whether, in view of the repeal of the cession act, he intended to persist in revolt or await developments, Sevier gave it out broadcast that "we shall pursue no further measures as to a new State."

Owing to the remoteness of the Tennessee settlements and the difficulty of appreciating through correspondence the atmosphere of sentiment in Franklin, Governor Martin realized the necessity of sending a personal representative to discover the true state of affairs in the disaffected region beyond the mountains. For the post of ambassador to the new government, Governor Martin selected a man distinguished for mentality and diplomatic skill, a pioneer of Tennessee and Kentucky, Judge Richard Henderson's brother, Colonel Samuel Henderson. Despite Sevier's disavowal of any further intention to establish a new state, the governor gave Colonel Henderson elaborate written instructions, the purport of which was to learn all that he could about the political complexion of the Tennessee frontiersmen, the sense of the people, and the agitation for a separate commonwealth. Moreover, in the hope of placating the leading chieftains of the Cherokees, who had bitterly protested against the continued aggressions and encroachments upon their lands by the lawless borderers, he instructed Colonel Henderson also to learn the temper and dispositions of the Indians, and to investigate the case of Colonel James Hubbardt who was charged with the murder of Untoola of Settiquo, a chief of the Cherokees.

When Colonel Henderson arrived at Jonesborough, he found the third Franklin legislature in session, and to this body he presented Governor Martin's letter of February 27, 1785. In response to the governor's request for an "account of the late proceedings of the people in the western country," an extended reply was drafted by the new legislature; and this letter, conveyed to Governor Martin by Colonel Henderson, in setting forth in detail the reasons for the secession, made the following significant statement: "We humbly thank North Carolina for every sentiment of regard she has for us, but are sorry to observe, that as it is founded upon principles of interest, as is aparent from the tenor of your letter, we are doubtful, when the cause ceases which is the basis of that affection, we shall lose your esteem." At the same time (March 22nd), Sevier, who had just been chosen Governor of the State of Franklin, transmitted to Governor Martin by Colonel Henderson a long letter, not hitherto published in any history of the period, in which he outspokenly says:

"It gives me great pain to think there should arise any Disputes between us and North Carolina, & I flatter myself when North Carolina states the matter in a fair light she will be fully convinced that necessity and self preservation have Compelled Us to the measures we Have taken, and could the people have discovered that No. Carolina would Have protected and Govern'd them, They would have remained where they were; but they perceived a neglect and Coolness, and the Language of Many of your most leading members Convinced them they were Altogether Disregarded."

Following the issuance of vigorous manifestos by Martin (April 25th) and Sevier (May 15th), the burden of the problem fell upon Richard Caswell, who in June succeeded Martin as Governor of North Carolina.

Meantime the legislature of the over-mountain men had given the name of Franklin to the new state, although for some time it continued to be called by many Frankland, and its adherents Franks. The legislature had also established an academy named after Governor Martin, and had appointed (March 12th) William Cocke as a delegate to the Continental Congress, urging its acceptance of the cession. In the Memorial from the Franklin legislature to the Continental Congress, dealing in some detail with North Carolina's failure to send the Cherokees some goods promised them for lands acquired by treaty, it is alleged:

"She [North Carolina] immediately stoped the goods she had promised to give the Indians for the said land which so exasperated them that they begun to commit hostalities on our frontiers in this situation we were induced to a declaration of Independence not doubting we should be excused by Congress ... as North Carolina seemed quite regardless of our interest and the Indians daily murdering our friends and relations without distinction of age or sex."

Sympathizing with the precarious situation of the settlers, as well as desiring the cession, Congress urged North Carolina to amend the repealing act and execute a conveyance of the western territory to the Union.

Among the noteworthy features of the Franklin movement was the constitution prepared by a committee, headed by the Reverend Samuel Houston of Washington County, and presented at the meeting of the Franklin legislature, Greeneville, November 14, 1785. This eccentric constitution was based in considerable part upon the North Carolina model; but it was "rejected in the lump" and the constitution of North Carolina, almost unchanged, was adopted. Under this Houston constitution, the name "Frankland" was chosen for the new state. The legislature was to consist of but a single house. In a section excluding from the legislature "ministers of the gospel, attorneys at law, and doctors of physics," those were declared ineligible for office who were of immoral character or guilty of "such flagrant enormities as drunkenness, gaming, profane swearing, lewdness, Sabbath-breaking and such like," or who should deny the existence of God, of heaven, and of hell, the inspiration of the Scriptures, or the existence of the Trinity. Full religious liberty and the rights of conscience were assured—but strict orthodoxy was a condition for eligibility to office. No one should be chosen to office who was "not a scholar to do the business." This remarkable document, which provided for many other curious innovations in government, was the work of pioneer doctrinaires—Houston, Campbell, Cocke, and Tipton—and deserves study as a bizarre reflection of the spirit and genius of the western frontiersmen.

The liberal policy of Martin, followed by the no less conciliatory attitude of his successor, Caswell, for the time proved wholly abortive. However, Martin's appointment of Evan Shelby in Sevier's place as brigadier, and of Jonathan Tipton as colonel of his county, produced disaffection among the Franks; and the influence of Joseph Martin against the new government was a powerful obstacle to its success. At first the two sets of military, civil, and judicial officers were able to work amicably together; and a working-basis drawn up by Shelby and Sevier, although afterward repudiated by the Franklin legislature, smoothed over some of the rapidly accumulating difficulties. The persistent and quiet assertion of authority by North Carolina, without any overt act of violence against the officers of Franklin state, revealed great diplomatic skill in Governors Martin and Caswell. It was doubtless the considerate policy of the latter, coupled with the defection from Sevier's cause of men of the stamp of Houston and Tipton, after the blundering and cavalier rejection of their singular constitution, which undermined the foundations of Franklin. Sevier himself later wrote with considerable bitterness: "I have been faithfull, and my own breast acquits myself that I have acted no part but what has been Consistent with honor and justice, tempered with Clemency and mercy. How far our pretended patriots have supported me as their pretended chiefe magistrate, I leave the world at large to Judge." Arthur Campbell's plans for the formation of a greater Franklin, through the union of the people on the western waters of Virginia with those of North Carolina, came to nought when Virginia in the autumn of 1785 with stern decisiveness passed an act making it high treason to erect an independent government within her limits unless authorized by the assembly. Sevier, however, became more fixed in his determination to establish a free state, writing to Governor Caswell: "We shall continue to act independent and would rather suffer death, in all its various and frightful shapes, than conform to anything that is disgraceful." North Carolina, now proceeding with vigor (November, 1786), fully reassumed its sovereignty and jurisdiction over the mountain counties, but passed an act of pardon and oblivion, and in many ways adopted moderate and conciliatory measures.

Driven to extremities, Cocke and Sevier in turn appealed for aid and advice to Benjamin Franklin, in whose honor the new state had been named. In response to Cocke, Franklin wrote (August 12, 1786): "I think you are perfectly right in resolving to submit them [the Points in Dispute] to the Decision of Congress and to abide by their Determination." Franklin's views change in the interim; for when, almost a year later, Sevier asks him for counsel, Franklin has come to the conclusion that the wisest move for Sevier was not to appeal to Congress, but to endeavor to effect some satisfactory compromise with North Carolina (June 30, 1787):

"There are only two Things that Humanity induces me to wish you may succeed in: The Accomodating your Misunderstanding with the Government of North Carolina, by amicable Means; and the Avoiding an Indian war, by preventing Encroaching on their Lands.... The Inconvenience to your People attending so remote a Seat of Government, and the difficulty to that Government in ruling well so remote a People, would I think be powerful Inducements with it, to accede to any fair & reasonable Proposition it may receive from you towards an Accommodation."

Despite Sevier's frenzied efforts to achieve independence—his treaty with the Indians, his sensational plan to incorporate the Cherokees into the new state, his constancy to an ideal of revolt against others in face of the reality of revolt against himself, his struggle, equivocal and half-hearted, with the North Carolina authorities under Tipton—despite all these heroic efforts, the star of Franklin swiftly declined. The vigorous measures pursued by General Joseph Martin, and his effective influence focussed upon a movement already honey-combed with disaffection, finally turned the scale. To the Franklin leaders he sent the urgent message: "Nothing will do but a submission to the laws of North Carolina." Early in April, 1788, Martin wrote to Governor Randolph of Virginia: "I returned last evening from Green Co. Washington destrict, North Carolina, after a tower through that Co'ntry, and am happy to inform your Excellency that the late unhappy dispute between the State of North Carolina, and the pretended State of Franklin is subsided." Ever brave, constant, and loyal to the interest of the pioneers, Sevier had originally been drawn into the movement against his best judgment. Caught in the unique trap, created by the passage of the cession act and the sudden volte-face of its repeal, he struggled desperately to extricate himself. Alone of all the leaders, the governor of ill-starred Franklin remained recalcitrant.



CHAPTER XX. The Lure of Spain—The Haven of Statehood

The people of this region have come to realize truly upon what part of the world and upon which nation their future happiness and security depend, and they immediately infer that their interest and prosperity depend entirely upon the protection and liberality of your government.—John Sevier to Don Diego de Gardoqui, September 12, 1788.

From the early settlements in the eastern parts of this Continent to the late & more recent settlements on the Kentucky in the Rest the same difficulties have constantly occurred which now oppress you, but by a series of patient sufferings, manly and spirited exertions and unconquerable perseverance, they have been altogether or in great measure subdued.—Governor Samuel Johnston to James Robertson and Anthony Bledsoe, January 29, 1788.

A strange sham-battle, staged like some scene from opera bouffe, in the bleak snow-storm of February, 1788, is really the prelude to a remarkable drama of revolt in which Sevier, Robertson, Bledsoe, and the Cumberland stalwarts play the leading roles. On February 27th, incensed beyond measure by the action of Colonel John Tipton in harboring some of his slaves seized by the sheriff under an execution issued by one of the North Carolina courts, Sevier with one hundred and fifty adherents besieged Tipton with a few of his friends in his home on Sinking Creek. The siege was raised at daybreak on February 29th by the arrival of reinforcements under Colonel Maxwell from Sullivan County; and Sevier, who was unwilling to precipitate a conflict, withdrew his forces after some desultory firing, in which two men were killed and several wounded. Soon afterward Sevier sent word to Tipton that on condition his life be spared he would submit to North Carolina. On this note of tragi-comedy the State of Franklin appeared quietly to expire. The usually sanguine Sevier, now thoroughly chastened, sought shelter in the distant settlements—deeply despondent over the humiliating failure of his plans and the even more depressing defection of his erstwhile friends and supporters The revolutionary designs and separatist tendencies which he still harbored were soon to involve him in a secret conspiracy to give over the State of Franklin into the protection of a foreign power.

The fame of Sevier's martial exploits and of his bold stroke for independence had long since gone abroad, astounding even so famous an advocate of liberty as Patrick Henry and winning the sympathy of the Continental Congress. One of the most interested observers of the progress of affairs in the State of Franklin was Don Diego de Gardoqui, who had come to America in the spring of 1785, bearing a commission to the American Congress as Spanish charge d'affaires (Encargados de Negocios) to the United States. In the course of his negotiations with Jay concerning the right of navigation of the Mississippi River, which Spain denied to the Americans, Gardoqui was not long in discovering the violent resentment of the Western frontiersmen, provoked by Jay's crass blunder in proposing that the American republic, in return for reciprocal foreign advantages offered by Spain, should waive for twenty-five years her right to navigate the Mississippi. The Cumberland traders had already felt the heavy hand of Spain in the confiscation of their goods at Natchez; but thus far the leaders of the Tennessee frontiersmen had prudently restrained the more turbulent agitators against the Spanish policy, fearing lest the spirit of retaliation, once aroused, might know no bounds. Throughout the entire region of the trans-Alleghany, a feeling of discontent and unrest prevailed—quite as much the result of dissatisfaction with the central government which permitted the wholesale restraint of trade, as of resentment against the domination of Spain.

No sooner had the shrewd and watchful Gardoqui, who was eager to utilize the separatist sentiment of the western settlements in the interest of his country, learned of Sevier's armed insurrection against the authority of North Carolina than he despatched an emissary to sound the leading men of Franklin and the Cumberland settlements in regard to an alliance. This secret emissary was Dr. James White, who had been appointed by the United States Government as Superintendent of Indian Affairs for the Southern Department on November 29, 1786. Reporting as instructed to Don Estevan Miro, governor of Louisiana, White, the corrupt tool of Spain, stated concerning his confidential mission that the leaders of "Frankland" and "Cumberland district" had "eagerly accepted the conditions" laid down by Gardoqui: to take the oath of allegiance to Spain, and to renounce all submission or allegiance whatever to any other sovereign or power. Satisfied by the secret advices received, the Spanish minister reported to the home authorities his confident belief that the Tennessee backwoodsmen, if diplomatically handled, would readily throw in their lot with Spain.

After the fiasco of his siege of Tipton's home, Sevier had seized upon the renewal of hostilities by the Cherokees as a means of regaining his popularity. This he counted upon doing by rallying his old comrades-in-arms under his standard and making one of his meteoric, whirlwind onslaughts upon their ancient Indian foe. The victory of this erstwhile popular hero, the beloved "Nolichucky Jack of the Border," over the Indians at a town on the Hiwassee "so raised him in the esteem of the people on the frontier," reports Colonel Maxwell, "that the people began [once more] to flock to his standard." Inspirited by this good turn in his fortunes, Sevier readily responded to Dr. White's overtures.

Alarmed early in the year over the unprovoked depredations and murders by the Indians in several Tennessee counties and on the Kentucky road, Sevier, Robertson, and Anthony Bledsoe had persuaded Governor Samuel Johnston of North Carolina to address Gardoqui and request him to exert his influence to prevent further acts of savage barbarity. In letters to Governor Johnston, to Robertson, and to Sevier, all of date April 18th, Gardoqui expressed himself in general as being "extremely surprised to know that there is a suspicion that the good government of Spain is encouraging these acts of barbarity." The letters to Robertson and Sevier, read between the lines as suggestive reinforcements of Spain's secret proposals, possess real significance. The letter to Sevier contains this dexterously expressed sentiment: "His Majesty is very favorably inclined to give the inhabitants of that region all the protection that they ask for and, on my part, I shall take very great pleasure in contributing to it on this occasion and other occasions."

This letter, coupled with the confidential proposals of Dr. White, furnished a convenient opening for correspondence with the Spaniards; and in July Sevier wrote to Gardoqui indicating his readiness to accede to their proposals. After secret conferences with men who had supported him throughout the vicissitudes of his ill-starred state, Sevier carefully matured his plans. The remarkable letter of great length which he wrote to Gardoqui on September 12, 1788, reveals the conspiracy in all its details and presents in vivid colors the strong separatist sentiment of the day. Sevier urgently petitions Gardoqui for the loan of a few thousand pounds, to enable him to "make the most expedient and necessary preparations for defense"; and offers to repay the loan within a short time "by sending the products of this region to the lower ports." Upon the vital matter of "delivering" the State of Franklin to Spain, he forthrightly says:

"Since my last of the 18th of July, upon consulting with the principal men of this country, I have been particularly happy to find that they are equally disposed and ready as I am to accept your propositions and guarantees. You may be sure that the pleasing hopes and ideas which the people of this country hold with regard to the probability of an alliance with, and commercial concessions from, you are very ardent, and that we are unanimously determined on that score. The people of this region have come to realize truly upon what part of the world and upon which nation their future happiness and security depend, and they immediately infer that their interest and prosperity depend entirely upon the protection and liberality of your government.... Being the first from this side of the Appalachian Mountains to resort in this way to your protection and liberality, we feel encouraged to entertain the greatest hope that we shall be granted all reasonable aid by him who is so amply able to do it, and to give the protection and help that is asked of him in this petition. You know our delicate situation and the difficulties in which we are in respect to our mother State which is making use of every strategem to impede the development and prosperity of this country.... Before I conclude, it may be necessary to remind you that there will be no more favorable occasion than the present one to put this plan into execution. North Carolina has rejected the Constitution and moreover it seems to me that a considerable time will elapse before she becomes a member of the Union, if that event ever happens."

Through Miro, Gardoqui was simultaneously conducting a similar correspondence with General James Wilkinson. The object of the Spanish conspiracy, matured as the result of this correspondence, was to seduce Kentucky from her allegiance to the United States. Despite the superficial similarity between the situation of Franklin and Kentucky, it would be doing Sevier and his adherents a capital injustice to place them in the category of the corrupt Wilkinson and the malodorous Sebastian. Moreover, the secessionists of Franklin, as indicated in the above letter, had the excuse of being left virtually without a country. On the preceding August 1st, North Carolina had rejected the Constitution of the United States; and the leaders of Franklin, who were sorely aggrieved by what they regarded as her indifference and neglect, now felt themselves more than ever out of the Union and wholly repudiated by the mother state. Again, Sevier had the embittered feeling resultant from outlawry. Because of his course in opposing the laws and government of North Carolina and in the killing of several good citizens, including the sheriff of Washington County, by his forces at Sinking Creek, Sevier, through the action of Governor Johnston of North Carolina, had been attainted of high treason. Under the heavy burden of this grave charge, he felt his hold upon Franklin relax. Further, an atrocity committed in the recent campaign under Sevier's leadership—Kirk's brutal murder of Corn Tassel, a noble old Indian, and other chieftains, while under the protection of a flag of truce—had placed a bar sinister across the fair fame of this stalwart of the border. Utter desperation thus prompted Sevier's acceptance of Gardoqui's offer of the protection of Spain.

John Sevier's son, James, bore the letter of September 12th to Gardoqui. By a strangely ironic coincidence, on the very day (October 10, 1788) that Gardoqui wrote to Miro, recommending to the attention of Spain Dr. White and James Sevier, the emissaries of Franklin, with their plans and proposals, John Sevier was arrested by Colonel Tipton at the Widow Brown's in Washington County, on the charge of high treason. He was handcuffed and borne off, first to Jonesborough and later to Morganton. But his old friends and former comrades-in-arms, Charles and Joseph McDowell, gave bond for his appearance at court; and Morrison, the sheriff, who also had fought at King's Mountain, knocked the irons from his wrists and released him on parole. Soon afterward a number of Sevier's devoted friends, indignant over his arrest, rode across the mountains to Morganton and silently bore him away, never to be arrested again. In November an act of pardon and oblivion with respect to Franklin was passed by the North Carolina Assembly. Although Sevier was forbidden to hold office under the state, the passage of this act automatically operated to clear him of the alleged offense of high treason. With affairs in Franklin taking this turn, it is little wonder that Gardoqui and Miro paid no further heed to Sevier's proposal to accept the protection of Spain. Sevier's continued agitation in behalf of the independence of Franklin inspired Governor Johnston with the fear that he would have to be "proceeded against to the last extremity." But Sevier's opposition finally subsiding, he was pardoned, given a seat in the North Carolina assembly, and with extraordinary consideration honored with his former rank of brigadier-general.

When Dr. White reported to Miro that the leaders of "Frankland" had eagerly accepted Gardoqui's conditions for an alliance with Spain, he categorically added: "With regard to Cumberland district, what I have said of Frankland applies to it with equal force and truth." James Robertson and Anthony Bledsoe had but recently availed themselves of the good offices of Governor Johnston of North Carolina in the effort to influence Gardoqui to quiet the Creek Indians. The sagacious and unscrupulous half breed Alexander McGillivray had placed the Creeks under the protection of Spain in 1784; and shortly afterward they began to be regularly supplied with ammunition by the Spanish authorities. At first Spain pursued the policy of secretly encouraging these Indians to resist the encroachments of the Americans, while she remained on outwardly friendly terms with the United States. During the period of the Spanish conspiracy, however, there is reason to believe that Miro endeavored to keep the Indians at peace with the borderers, as a friendly service, intended to pave the way for the establishment of intimate relations between Spain and the dwellers in the trans-Alleghany. Yet his efforts cannot have been very effective; for the Cumberland settlements continued to suffer from the ravages and depredations of the Creeks, who remained "totally averse to peace, notwithstanding they have had no cause of offence"; and Robertson and Bledsoe reported to Governor Caswell (June 12, 1787): "It is certain, the Chickasaws inform us, that Spanish traders offer a reward for scalps of the Americans." The Indian atrocities became so frequent that Robertson later in the summer headed a party on the famous Coldwater Expedition, in which he severely chastised the marauding Indians. Aroused by the loss of a number of chiefs and warriors at the hands of Robertson's men, and instigated, as was generally believed, by the Spaniards, the Creeks then prosecuted their attacks with renewed violence against the Cumberland settlements.

Unprotected either by the mother state or by the national government, unable to secure free passage to the Gulf for their products, and sorely pressed to defend their homes, now seriously endangered by the incessant attacks of the Creeks, the Cumberland leaders decided to make secret overtures to McGillivray, as well as to communicate to Miro, through Dr. White, their favorable inclination toward the proposals of the one country which promised them protection. In a letter which McGillivray wrote to Miro (transmitted to Madrid, June 15, 1788) in regard to the visit of Messrs. Hackett and Ewing, two trusty messengers sent by Robertson and Bledsoe, he reports that the two delegates from the district of Cumberland had not only submitted to him proposals of peace but "had added that they would throw themselves into the arms of His Majesty as subjects, and that Kentucky and Cumberland are determined to free themselves from their dependence on Congress, because that body can not protect either their property, or favor their commerce, and they therefore believe that they no longer owe obedience to a power which is incapable of protecting them." Commenting upon McGillivray's communication, Miro said in his report to Madrid (June 15, 1788): "I consider as extremely interesting the intelligence conveyed to McGillivray by the deputies on the fermentation existing in Kentucky, with regard to a separation from the Union. Concerning the proposition made to McGillivray by the inhabitants of Cumberland to become the vassals of His Majesty, I have refrained from returning any precise answer."