.#^ ^ .x^^^ "o^ 'X^-' - •■ '<■:. .^ ^^- v^ '■ ^^.. v^^ >' '^, 8 I a ..'^" n^. v^ -^0^ x^^ ^'-' .V '^. '-> '<-. aV .-c\ ^\^ .\^' ■^f.. <^^ ,^^' K- c . v 0^ -^ v- oA V, "^r- .-^^ ,0t'' •5-^ , o '^^ c'' .^^^' >tf ■^o 0^ .^^ '^^;. '^j^ C .-V' v^^ .•«- THE CIVIL AND POLITICAL HISTORY OF THE State of Tennessee Earliest Settlement up to the Year 1796, INCLUDING THE BOUNDARIES OF THE STATE. BY JOHN HAYW^OOD. EXACT REPRINT OF THE EDITION OF 1823, PUBLISHED BY W. H. HAYWOOD, GREAT-GRANDSON OF THE AUTHOR; With a Biographical Sketch of Judge John Haywood BY COL. A. S. COLYAR. Printed for "W. H. Haywood. Publishing House of the Methodist Episcopal Church, Soxn?H. Barbee & Smith, Agents, Nashville, Tenn. 1891. ^ APR ^ Jk 18S3 ,-.V/ XA?'^ g- G^ '^ I S FEB 14 iCojyj L 'i;.j DEDICATION. THIS EDITION OF HAYWOOD'S CIVIL HND POLITICAL HISTORY JS RESPECTFULLY DEDICATED TO THE TENNESSEE HISTORICAL SOCIETY. COPYEIGBT, 1891. PEEFAOE TO SEOOI^D EDITION In presenting at this time to Tennesseeans Judge Haywood's Civil and Political History, patriotism and a natural love for the memory of the author are the motives that actuate me. Judge Haywood wrote that the illustrious deeds of our ancestors might not be forgotten; that we may "have domestic examples to imitate, to gratify the honest pride of the people in the fame of their country, to keep them in mind of the obligations they are under to maintain its glory undiminished, to supply them with standards of patriotism which they may endeavor to exceed and which they must not fall below ; " that the sons and daughters of the "Volunteer State" may know from whence sprung that indomitable race who poured their blood as a libation upon the altar of their country and left their bones to bleach upon every battle-field in the war between the States. Looking upon the pages of his- tory chronicled since their time, I say with gratification and pride that the pioneer fathers and mothers of the grand old State have not failed to trans- mit their shining virtues to posterity. I submit to the patronage of the peo- ple, without elimination or addition, an exact reprint of Judge Haywood's History, with the fullest confidence in their patriotism and the merits of the book. William H. Haywood. Brownsville, Tenn., November 22, 1890. (3) PREFACE. TO THE PUBLIC. In almost every State of the Union some grateful conntryman has cele- brated in the historic page the wortliies it has produced and the illustrious deeds it has performed under their conduct. This has been done for the benefit of posterity, that they may have domestic examples to imitate; to gratify the honest pride of the people in the fame of their country; to keep tliem in mind of the obligations they are under to maintain its glory un- diminished, and to supply them with standards of patriotism which they may endeavor to exceed if they can, and which they must not fall below. But no one has yet attempted to record the memorable achievements of the eminent men of Tennessee. According to the sphere in which they have acted and the means placed within their reach, they have deserved from their country their lasting remembrance, their highest gratitude, and their most ardent affection. Already the time has come when to many of our inhabit- ants their names are but just known, while in the memories of others their actions are fading away. Ought not their names and their exploits to be res- cued from the obliteration of time and the tomb of silence? Shall their illus- trious deeds be erased from the recollections of succeeding generations, or be preserved only in the indistinct memorials of oral tradition? And shall posterity be left unacquainted with the examples which they have given to stimulate hereafter to glorious enterprises? If their splendid achievements cannot be transmitted to after ages in the rich dress they deserve, still it is better to perpetuate them in the most simple form than to let them wholly be forgotten. Such are the motives whicli have impelled the author to under- take this work. "Without the aflectation of modesty, but in true sincerity, he knows himself unequal to the task, but his hope and expectation is that of the materials which he has ♦now collected and recorded some future historian may avail himself and be enabled to represent the historical occurrences of the periods embraced in this volume in a style of elegance suited to the high merit of the actors. Let no one censure his motives, for they are pure. There will indeed be much room to blame the defective performance of the author, but this he will hear with the greatest pleasure if the person dissatisfied will, for the benefit of his country, either produce a more perfect work or contrib- ute to the amendment of this. The Author. (4) SKETCH OF THE AUTHOR. Mr. W. H. Haywood— My Dear Sir: You ask me to write a sketch of your grandfather (Judge John Haywood) to accompany the new edition of his " History of Tennessee," which I understand is now in press. A mere sketch of Judge Haywood — and nothing else can now be attempted — as a preface to the forth-coming volume, is not what the present generation of Tennesseeans is entitled to. This book ought to be reprinted along with an accompanying volume of the life of that eminent man. And I sincerely trust some one competent to do the work will collect the material and give to the public a detailed history of all the incidents of his public life, commencing in 1790 and ending in 1826, and at the same time — and what would be equally in- teresting—a sketch of his family, of his early life, his education and train- ing, his person and personal habits, his wonderful powers as an advocate, his laborious and untiring work as a judge, together with anecdotes and in- cidents which illustrate his character. As an advocate history — true history— will place him as the only peer of Felix Grundy; and as a judge, a man who, like Marshall, knew law intui- tively as well as from books, and who had the courage and ability to blaze the way. As Judge John ]\I. Lea said to me in a conversation about him, "He was the Lord Mansfield of the South-wc.-t." His father, Egbert Haywood, was a gallant officer in the Revolution; and the son, who was born in Halifax County, N. C-, in 1753, studied law when young; and though a rebel as his father was, there is no evidence that he took any active part in the war, though tradition says he was on the staff (and courageously did his duty) of a North Carolina officer. Any thing like a full sketch of Judge Haywood's public life, leaving all personal matters out, would carry me far beyond the space set apart in your new edition. He Avas Attorney-general in North Carolina from 1791 to 1794, and it was in this position that he became widely known as an ad- vocate. Such was his popularity, and so high was the estimate put on him by the bar of North Carolina, that after serving something over three years as At- torney-general he was transferred to the bench, and for ten or twelve years he was on the bench of the Superior Court of North Carolina. During this time he was as completely the court as Chief-justice Marshall was of the Supreme Court of the United States. Such was his capacity for and love of work that, like Judge William F. Cooper, he found much spare time for other work when he was oc the bench, which he utilized both in North Carolina and Tennessee in writing books. In 1801 he published a " Manual of the Laws of North Carolina," a boo£ which is still valuable as a compilation of North Carolina statutes. (5) 6 Haywood's histoky of Tennessee. About the same time he published " Haywood's Justice," and then he pub- lished the " North Carolina Reports," being the decisions of the Superior or Supreme Court of North Carolina from 1789 to 1806. Chief-justice Henderson, of North Carolina, in a comparatively recent de- cision, referring to one of Judge Haywood's opinions, says of him: "I neither disparage the living nor the dead when I say that an abler man than Judge Haywood never appeared at the bar or sat on the bench of North Carolina." Judge Haywood resigned his office as judge of the Superior Court to de- fend an old client charged with the crime of forging land waiTants. It is said this old man, who was Secretary of State, was so universally condemned that the odium of his defense, in some sense, attached to his lawyer, and there is a tradition that this was the cause of Judge Haywood's removal to Tennessee ; however this may be, immediately after this trial, and in a great measure through the influence of Judge Overton, who was his most inti- mate friend through the remainder of his life, he came to Tennessee and settled on the farm which he called " Tusculum," now owned by J. N. Cal- houn, seven miles from Nashville on the Nolensville pike, where he lived till he died, and where he was buried. About 1802 or 1803 he came to Tennessee, and in 1812 he was elected one of the judges of the Supreme Court of Tennessee, where he remained until his death in 1826. At his home he established a sort of law and literary school, built near his dwelling some cabins, in which he gave instruction to the young men — especially young men studying law. This was done without pay. This was the first attempt at a law school in the South-west. It was a work in which he took great delight, for he was always fonder of young men than of old ones, and besides he was of a literary turn, and had a mind which could not be at rest, and it seemed could not be overstocked with work. Under the early system of Tennessee, the judges of the Superior Court presided in the districts, as the judges of the Supreme Court of the United States do now. While he was on the bench, between 1812 and 1826, the time of his death, the changes were quite frequent, and during that time he had as his associates Judge John Overton, Hugh L. White, Robert Whyte, Archiliald Roane, Thomas Emerson, Jacob Peck, William L. Brown, Samuel Powell, Harry W. Humphrey, John Catron, and George W. Campbell. At that time there was no chief-justice, but Judge Haywood was the ac- cepted presiding member. The system made the judges of the Superior Court familiar with the lawyers all over the State, and there are many good anecdotes which have been traditionally preserved of Judge Haywood. He presided without any great amount of dignity, but commanded respect by his known superiorty. He had no pride of opinion, and with him the doctrine of stare decises was not as potent as the doctrine of right and justice. Like all great minds in the legal profession, he readily saw, and promptly seized the strong points — the points in a case — on which the case must be decided, and hence he had but little patience with the discussion of irrele- vant points; he would occasionally stop the lawyers in the middle of a case and decide it. He held the doctrine that courtesy to the bar must have a SKETCH OF THE AUTHOR. 7 limit when the public time was being subordinated to the demands of either ignorance or eloquence. His one only fault on the bench is creditable to his heart, if not to his judgeship. He was a man of great sympathy and warm feeling, and always leaned to the oppressed, and his kindly nature made lawyers sometimes doubt him when a case was presented which might arouse his sympathies. Mr. Francis B. Fogg in his life-time told me an anecdote which illustrates his judicial character. Mr. Fogg came to Nashville about 1815, and Judge Haywood became at once very fond of him (Mr. Fogg being quite literary in his tastes), and often took him along for company when he was going to hold court. Having taken young Fogg with him to the court at Franklin about 1816, by way of helping the young man along and of bringing him into notice, he, as usvial, asked him to sit on the bench by his side. A case was on trial which Mr. Fogg assured me was all on one side, but the judge exercised great patience in hearing it argued, instead of promptly deciding against the plaintiff, who was a female. But after listening to the argument for some time, and knowing that there was some surprise at his patience, he turned to IMr. Fogg and whispered : " Mr. Fogg, I don't see how I can decide this case against that woman; she is very poor, and I am boarding with her." It was well known that his greatest trial in a judicial position was in pro- nouncing judgment in criminal cases, especially when the extreme penalty of the law was to be imposed. Whenever he could, he avoided it, by miti- gating the sentence or granting a new trial. On one occasion a very bad man had been convicted, when the public was clamorous and the Attor- ney-general persistent. Finally he said to the Attorney-general: "This is signing the poor fellow's death-warrant, and I reckon I will have to do it, but I want you to understand this hanging must last for several years." Having no pride of opinion, he would overrule his own cases if they were wrong without any qualification or explanation. At one time Spencer Jar- negan was arguing a question before him, and stated a proposition which the judge did not agree to, when the judge said: "Mr. Jarnegan, have you any authority for that proposition of law? " " Yes, sir, a very excellent author- ity," responded the ready Jarnegan, " I have a decision here of a very emi- nent judge of North Carolina, Judge Haywood." " Yes," replied the presid- ing judge with cautious forbearance, "I knew that young man; he was put on the bench of North Carolina when he was quite young, and he made many mistakes. Judge Haywood, of Tennessee, overrules Judge Haywood, of North Carolina." While he was on the bench of Tennessee he compiled and reported what is known as " Haywood's Eeports," in three volumes. Then, in conjunction with E. L. Cobbs, he compiled what is known as the " Statute Laws of Ten- nessee," besides writing a " Natural and Aboriginal History of Tennessee " a very curious book, in which he undertook to prove that the Indians came from Eastern ancient tribes. And then he wrote the remarkable book, " The History of Tennessee," which you are now having republished. Only a few copies of this book were printed. It has long been out of print, and not one man in ten thousand of the living Tennesseeans has ever seen it. Hence you are doing the public a great service in reprinting it. Without " Hay- 8 Haywood's history of Tennessee. wood's History of Tennessee," the history of our ancestors from 1769 to 1795 would be a blank when tradition— fireside history— ceases to be available. For twenty-six years— from the time Robertson, the two Shelbys, and John Sevier made the first settlement on the Watauga until the State Government was formed in 1796- an Indian war raged. Before the Revolution, for sev- eral years, the British furnished the Cherokees, the Choctaws, and the Chick- asaws with guns and ammunition, and in every way encouraged them in their depredations on the settlers. Then, during the Revolution, these In- dians were the allies of the British, and kept up a running fight, using the rifle, the tomahawk, and the scalping-knife. After the war with the British was over, the Indians became the allies of the Spaniards, who maintained a threatening and warlike attitude toward the people of the frontier settle- ment, and through their influence the Indians continued their depreda- tions. For about twenty years John Sevier stood guard and protected the women and children (often in forts) on the Watauga and Nolachucky, and Gen. Robertson, after he left the Watauga settlement, was the protector in the West. After the United States Government was formed in 1787, the deplor- able condition of the people on the frontiers, especially on the Cumberland, was time and again, by petitions and through messengers, fully made known to the government and assistance sought; but, notwithstanding Tennessee volunteers had by a signal victory in the darkest days of the Revolution at King's Mountain turned the tide which led to the surrender of Cornwallis, no aid was given, and the Tennessee settlements were left to the rapine and murder of the three most powerful of all Indian tribes. During all this time, except while the Revolution lasted, the United States not only gave no assistance, but actually forbade an open declaration of war, which the peo- ple of this Territory greatly preferred to the burning, killing, and scalping warfare which these Indians were carrying on. When Judge Haywood came to Tennessee, the people were living who had passed through this long Indian war. Jackson, Sevier, and Robertson, three of the most remarkable men that this or any other country has produced, were living; they were all the intimate friends of Judge Haywood, and from them and his associates on the bench, who had all been Indian fighters, and the citizens generally, some of whom had felt the blows of the tomahawk, and all of whom had shared in the dangers and hardships of the long strug- o-le with savage foes, he collected the facts for his " History of Tennessee." The people whose deeds of valor, whose trials of endurance, and whose noble manhood he was to write about were marked as the most wonderful people that this comparatively new country has produced. In many respects the victory of Sevier, Shelby, and Campbell over Ferguson at King's Mountain, and the victory of Jackson over Packingham at New Orleans, are the most astounding and signal victories recorded on the page of history. The sol- diers with whom these w^onderful victories were achieved, the same men who stood between the women and the children and the Indians' tomahawks for twenty-five years, were a people wdiose history. Judge Haygood felt, must not die. He has preserved their history with an accuracy and a detail whicli probably no other man could have done. With a fondness and a capacity SKETCH OF THE AUTHOR. V for writing, and a patience in collecting details which no other man in Ten- nessee has had, he entered upon the work while the facts were all known to the living of writing the history of this wonderful people. His history is a diary of events, and there is scarcely an old family in the State that may not find in this diary some incident of deepest interest con- nected with its anfcestry. It is not so much a history of the great men of the time as it is of the people in general. He has detailed more than four hundred tragedies, giving the family, the name of the member killed or scalped or taken into the Indian Nation, together with the pursuit, when pursuit was made, and the result. This history, or diary, will give to some competent historian at some future day all the initiatory facts for writing a history of Tennessee which will contain more intense tragedy and ele^'ated romance than is found in the history of any modern people. But if this " History " had closed with its " Preface," it would have marked John Haywood as a great man. His unaffected modesty but fixed purpose to perpetuate the deeds of a great and long-sutfering people and to hold up to the coming generations, as examples for them to iiuitate, Sevier, Jackson, and Robertson, with many others equally brave but not equally great, and this modesty and patriotic desire, clothed in language that would adorn the writ- ings of the most gifted and most scholarly, even of this day, will inspire in the breast of many a reader who picks up the new book a glow of feeling and a respect for the name of a man who lived before our day of colleges and universities. One of the other works of Judge Haywood, his " Natural and Aboriginal His- tory of Tennessee," is a book which seems never to have reached the public. It is badly printed, without head-notes, and with many mistakes of the printer. I can only hear of two copies ; one of these I found preserved as a sacred relic by the judge's grandson, Mr. J. W. Baker. The book shows the author to be a man of vast reading, with a most curious fondness and talent for delving into hidden mysteries, and withal a man of scholarly and scien- tific attainments far beyond what the literary men of this day will allow to their great-grandfathers. This book, in the attemj^t to discover the family to which the Indians found here belong, shows a familiarity with the an- cient Hindoos, the Chinese, the Persians, the Jews, and other ancient East- ern tribes, their habits and customs, which perhaps none of our modern literary explorers possess. The early finds in the way of coins, crockery, bones, skeletons, which he has given, and his deductions therefrom, are deeply interesting. It is this book, together with his work called the " Christian Advocate," I imagine, that has given rise to the report that Judge Haywood accepted the doctrine of visible supernatural agencies; and, in all probability, this comea in part from the discussion of an intricate and mysterious question w^hich I find in the book, and that is the question as to the power of water witches. He was a firm believer in the power of the forked switch, and argued it with an ingenuity that marks him as a man of infinite resources upon the most ab- struse questions. He makes the mystery of the needle pointing to the pole — that is, the fact that it does point to the pole — a basis for discussing un- known agencies and powers of the mind with an interest and an ingenuity 10 Haywood's history of Tennessee. that would surprise the modern mind-reader. He argues that the mind in- tently fixed on fresh water or intently fixed on salt water finds it; and he illustrates it by many instances of his own knowledge. The book, if ever republished, will be read with curious interest by all who have from recent develoijments come to believe in the operation of mind over mind through a yet unknown affinity. Judge Haywood turned prophet, and said, writing in 1822, that in fifty years the operation of one mind over another in a mys- terious way would be an accepted doctrine. But his book called the " Christian Advocate " is a literary curiosity — a book of rare merit. It (the volume) is divided into three books; the first into thirty-one chapters, the first chapter on prophesy and all the other chap- ters on the ancient people of the East, the many tribes, and then coming down through the Christian era showing the fulfillment of the prophecies. The wonder is that a man on the bench — for the book was written in 1819 — could give so much time to curious questions of theology, science, and race problems. He was a most devout Christian, a firm believer in the direct operation of the Holy Spirit, and believed also in supernatural agencies, sometimes visible to the eye. His writings on the prophecies and their fulfillment ought to be reprinted and given to that class of the clergy of the present day who think platitudes about faith when learned by heart are the only needs of the pulpit. The second book commences with a chapter on " The World Was Made, and Will Perish," and a most curious book it is. The third book commences with a chapter on "All men are from one com- mon stock." This book shows a knowledge of ancient history and of the similitude of races, ancient and modern, which will charm the man who is curious to know curious things. In this book he gives his views on the question of slavery. He believed with Washington and Jetferson that the policy of the government should be to fix bounds to its growth, and that the threatened conflict might be averted some system of emancipation ought to be adopted. But his broad humanitarian ideas carried him much farther in his feelings, and his views on this subject may be the reason why family and friends did not give the book a wider circulation ; for at the time of his death we were approaching the great sectional struggle which termi- nated in the attempt at secession. The Tennessee lawyer of the present day, if he traces the history of familiar principles, especially in relation to land titles and other questions peculiar to our jurisprudence, will be surprised to find how many of them had their origin (for many of them were new questions) in the massive brain of Judge Haywood; and it would be difiicult to find one of his well- considered cases that has since been overruled. Judge Haywood was in person an immense man, weighing 350 pounds. He was at times forbidding and rough, but his angry brow was but the forerun- ner of a gentleness which surprised and captivated. In 1822 the late honored Judge Guild applied to him to be examined for a law license, and he describes the old judge as surly and gruff, but after giving him a rigid examination and at last putting the question to him: " What is an estate tail, with possibility of issue extinct? " and upon hearing SKETCH OF THE AUTHOR. 11 young Guild's answer, "That it was a question on which the authorities were not agreed, but that his definition was that it was a circumcision in violation of the canon law, carried to the utmost limit," he says the old judge laughed heartily, and Guild in his late book then gives this pleasing admonition as given to him. "The scowl now passed from the old judge's brow, his face lighted up with a smile, and he became exceedingly pleasant, which, was gratifying to me as indicating that I had made a very favorable impression on him. He then gave me some advice which contributed no little toward my future course. It was equal to that given to Yilliers by Lord Bacon, when the former was elevated to the position of chief cabinet officer of the Crown. Judge Haywood said to me: 'That I was about to enter upon the practice of law; to tread the paths of a profession which was beset with many rough places and many obstacles that would be hard to overcome,' and added: ' You must enter that path impressed with the idea that your studies have just commenced. Your knowledge of the law is to be acquired by long and arduous studies. You will meet with many discouragements and disap- pointments in climbing the steeps of the profession, yet they can be over- come by constant toil and a firm resolution to become a man. You must show self-reliance. Take an office to yourself, and do not be like the vine supported by the oak around which it twines. Be courteous and aff"able to all, but familiar with none. Spend neither your days nor your nights in rounds of festivity or dissipation, either in drinking, gambling, or any other vice. Let not pleasure encroach upon your time, for time properly spent will bring wealth ; and above all, maintain an unblemished reputation and strive at distinction at the bar. Be prompt in attending to your business,, and reliable and honest in all your transactions. When retained in a law- suit, take down all the facts given by your client, examine all the authorities diligently, ascertain what action or bill will lie, and whether the law is with your client. If you are satisfied upon these points, advise your client to sue. If you entertain reasonable doubts, frankly state them to your client, and decline to bring the suit, unless he shall take the responsibility and demand it. During your reading in vacation, have an eye to each case you have brought; take notes of the decisions, and when you come to argue each case, be fiilly prepared with a brief, showing the authorities. Some lawyers have a series of stereotyped questions which they put to all witnesses — a vicious practice which frequently slays their own clients. Always have in view some important object, some point in the suit that will control it, and bring this out strongly, if favorable to you, but avoid or weaken its force if attempted to be made by your opponent. Never keep a client's money an hour after it is collected, find him and pay it over to him; thus you will ac- quire a character for honesty, promptness, and reliability, which to a lawyer is a jewel above price.' " An anecdote has been given me by Mr. Joseph Ramsey, of Bedford Coun- ty, a gentleman of high character, and who remembers Judge Haywood well. Mr. Ramsey is ninety-two years old, but has all his faculties. The anecdote illustrates Judge Haywood's idea of the obligations of the lawyer. Mr. Ramsey says: "That one Sampson Williams and one Hopkins had a 12 Haywood's history of Tennessee. land lawsuit. Judge Haywood was Williams's law3-er, and introduced a witness to prove the boundary, and that he was a chain carrier in making the survey, all of which he did prove very fully. On cross-examination, counsel asked him if he saw the new corner made? The answer was 'No! ' ' But,' said the lawyer, ' you were there when they ran all the lines were you not?' The answer was: *Yes!' 'And you didn't see the new corner made, and the old one destroyed? ' ' No, I did not,' said the witness. ' Well now,' said the lawyer, ' can you explain how it is that you did not see the new corner made?' Hesitating, the witness said: 'They told me to turn my back when they made the new corner.' Judge Haywood immediately got up, put on his hat, and walked out of the court-house, after saying: 'Mr. Williams, I was employed by you to see that you got your rights, and not to aid you as a land pirate.' " One item of Judge Haywood's " History of Tennessee " imjjressed me as to his painstaking habits, and as to his inclination and jjowers of research. After I was retained in the case of the State of Mrginia vs. Tennessee, in the Supreme Court of the United States, failing after much labor, to get the early history of the dispute from other sources, I found in " Haywood's His- tory of Tennessee " a full and complete statement of the question from the time the dispute arose, in the year 1700, between the colonies, tracing with great particularity every step and every attempt at a settlement until the com- promise in 1802. It is a remarkable, concise, and no doubt truthful history of one of the most troublesome controversies that ever arose between the two governments, and at the end of nearly two hundred years we are indebted alone to Judge Haywood for preserving for us an accurate history of the long contest. Judge Haywood wrote about 122 years after the controversy commenced, and hence it was no doubt a matter of great labor to collect all the facts. In a conversation with Judge N. Baxter, Sr., he gave me the following interest- ing sketch of Judge Ha}-wood's appearance as he sat on the bench, and also his idea, most graphically and accurately stated, of the relative merits of Hay- wood and Felix Grundy: " He was the first judge I ever saw, and held the first court I ever saw in session. This was at Charlotte, Dickson County, about 1822 or 1823. I was much impressed with his personal appearance, and the picture photographed on my memory, as I now see it through the vista of niore than sixty years as he sat on an ordinary split-bottom chair, is that he was a very large man and very corpulent. His arms, his legs, and his neck were all thick and short, his abdomen came down on his lap and nearly covered it to liis knees. His head, wdiich rested nearly on his shoulders, was unusually large and peculiarly formed. His under jaw and lower face looked large and strong, and his head above his ears ran up high and somewhat conical, and viewed horizontallj^ it was rather square than round. His mouth was large, expressive, and rather handsome. You say of him 'that as an advocate true history will place him as the only peer of Felix Grundy.' From all I know of Judge Haywood as a practitioner of tlie law, gatliered from every source, from tradition and inferred from his judi- cial opinions, I had not supposed that the analogy between the two was very striking. Haywood was, doubtless, a very successful practitioner, but won SKETCH OF THE AUTHOR. 13 his PTiccess with the court by his astute aud superior knowledge of the law and with the jury by his great abiUty to estimate the value of his facts and present them in such array as made his argument intelligible and unanswer- able, and thus enforced the accord of the jury nolens vol.er.s. His arguments were addressed rather to the intelligence and judgment of the jury than to their passions or to any mere sentiment or prejudice. On the other hand, Judge Grundy, while no such astute and profound lawyer as Haywood was, and could not argue dry facts to that logical conclusion that Haywood could, yet he greatly surpassed Haywood in his knowledixe of men. He may not have known as well as Haywood what he was talking about, but he knew infinitely better who he Avas talking to. And though his arguments were not logically conclusive, they were overpoweringly persuasive and winning. Haywood forced courts and juries to decide cases for him because they did not see any way out of it. Grundy let them decide cases for him because they wanted to and regarded the privilege as a boon. Grundy knew every man on the jury, not by name, perhaps, but he knew the man and the stuff he was made of; he could penetrate to his heart and to his brain; he knew Avhat would move him and how to apply it, and when he was done with him the juror was ready to decide for him, facts or no facts, law or no law. The one practiced from the books and the testimony, the other practiced upon the men who were to decide the case." Picking up here and there a scrap as to the inner and social life of Judge Haywood, then turning to his books, his " Civil and Political History of Ten- nessee," in which is preserved for future generations a diary of our ancestors of deepest interest which would have been lost if he had not lived, and then reading his curious researches into the mysteries of the "Natural and Aborig- inal History " of the land we occupy before our ancestors came; and then his still more curious book, the " Christian Advocate," and then turning to the legal stoi-e-house in which, as Judge of the Supreme Court of two States, he laid the foundation of a judicial sj^stem broad and deep, tempering as only a great and good man could the stern mandates of the common law with equity and mercy, the reader of biography, ancient and modern, will ejaculate: "Where is his monument?" The echo must be: "The fitful fever of life being over, he sleeps well," but there is not a stone to mark the place. Some- where about the home he loved so well, somewhere on the farm, and, per- haps, near the spot where he wrote books and where he so beautifully tem- pered the law with mercy in preparing his judgments, and where he pointed the young lawyer the way to fame with uprightness in his profession — some- where here, but nobody knows just where, his remains repose. The de- scendants of a race of men whose deeds of valor and intellectual prowess put them at the very front, we must be painfully conscious of our indifference to their memories. Jackson's tomb is in decay ; a few noble women are trying to rescue it — working with but little support to preserve and perpetuate the reputation of the living — for .Jackson himself is immortal. While Pakenham, the vanquished, whose lifeless body Jackson sent back to Westminster Abbey, is made the subject of England's great appreciation of public service by a work of art for all England to see, Jackson, the victor, who with raw troops freed his country from an invading army, afterward under Wellington, at "Water- 14 Haywood's history of Tennessee. ^00, is, by the government for which he did so much, left, so far as it is con- cerned, without a stone to mark his resting-place ; and his own State, whose very name he immortalized, niggardly commits his memory to a few loving women, who, like the women after the crucifixion, in sadness and sorrow looked after the body, are doing what they can to rescue the tomb of Ten- nessee's immortal hero. And it was only through the Tennessee Historical Society, after the State's neglect for more than seventy years, that the remains of John Sevier, the immortal hero of King's Mountain, and who for twenty years stood on the frontier and protected the women and chil- dren from the Indians' tomahawks, were rescued from a forgotten grave in a distant State. And the very founder of our judicial system is so far forgot- ten that not a finger can point to the spot where his bones lie. Tennessee is badly in need of a revival in the religion which intensifies love of country and binds us to our dead heroes. A. S. Colyar. Nashville, Tenn., December 8, 1890. HISTORY OF TENNESSEE. CHAPTER I. Boundaries of Virginia, 1606; of Carolina, 1662; Northern Boundary, 1665 — North Carolina: Commissioners to Run the Northern Boundary — Convention of the Governors upon This Subject — Line Run in Part in 1728 — The Middle of the Mississippi the Boundary to the West — Boundaries of the State De- clared by the Constitution — The Declaration of Virginia — Extension of the Line, 1779; 1780 — Dispute with Virginia Settled — Dispute with Kentucky Settled — Indian Cessions and Boundaries from Time to Time. THE knowledge of societies existing in particular States, and of what they have done in those situations, is of great use, as it enables him who possesses it to anticipate, upon the recurrence of like circumstances, the results to be produced by them, and to adopt a suitable course both for himself and for those who are under his care. In that point of view, the history of Tennessee is worthy to be preserved. In it there is a peculiarity not likely often to recur. This pattern of humanity ought to be preserved while we yet have it in our power, otherwise a lapse of ages may intervene before the opportunity may be again presented of tak- ing it with any exactitude. In viewing the first settlements of Tennessee, and those who were the principal actors in the estab- lishment of them; in contemplating the obstacles opposed to their efforts, and the difficulties which were encountered in sur- mounting them ; in noticing the expedients resorted to for the accomplishment of their purposes, will be also evinced an im- portant truth that men, educated in poverty and almost in ignorance of literature of any sort, are yet capable of great achievements and of actions the most highly conducive to the prosperity and character of the nation to which they belong. Hence those in the higher ranks of life may learn a lesson very fit to be known by honest politicians, which is that all ranks in society, like the larger and smaller wheels in a time-piece, are necessary to the production of beneficial results, and are all per- haps equally worthy of the provident care of a wise legislator. (15) 16 HAYWOOD'S niSTOEY OF TENNESSEE. There is also another object in view: it is to show to the rising generation and to posterity, should this volume ever meet the eyes of posterity, who were the benefactors, to whom and to w^hose children the gratitude of the obliged ought to be directed. And as human action, when represented in an isolated state, un- connected with the circumstances of time and place, can be at best but imperfectly understood, a just elucidation of the sub- ject requires an attention to the theater of action, as well as to the chronological order of every occurrence which took place. A part of this book, therefore, must be appropriated to the boundaries of the State, and to those boundaries within its lim- its which have at difPerent periods of time been made between the Indians and white people. Upon this subject we will first advert to the northern bcunda- ry, and next to the southern. On the 23d of May, 1609, James I. of England, by, his letters patent, reciting former letters patent dated the 10th of April, in the sixth year of his reign, which was 1606, gave and granted to Robert, Earl of Salisbury, Thomas, Earl of Suffolk, and a great number of other persons, " all those countries, lying and being in that part of America called Virginia, from the jDoint of land called Cape or Point Comfort, all along the sea-coast to the northward, two hundred miles ; and from the said point of Cape Comfort, all along the sea-coast to the southward, two hundred miles; and all that space and circuit of land, lying from the coast of the precinct aforesaid, up into the land throughout, from sea to sea, west and north-west," etc. On the 24th of March, 1662-63, in the fifteenth year of the reign of Charles II. of England, he granted to the proprietors of Car- olina, " all that province, etc., called Carolina, situate, lying and being in America, extending from the north end of an island called Luke Island, which lieth in the Southern Virginia seas, and within thirty-six degrees of north latitude, and to the west as far as to the South seas, and so respectively as far as the river Matthias, which bindeth upon the coast of Florida, and within thirty-one degrees of northern latitude, and so west, in a direct line, as far as the South seas aforesaid." On the 30th of June, in the year of our Lord 1655, King Charles II. granted to the proprietors of Carolina " all that province, etc., in America, extending north and eastward as far as the HAYAYOOD's history of TENNESSEE. 17 north end of Currituck River or Inlet, upon a straight westerly- line to Wyonoak Creek, which lies trithin or ahoiit th*'ty-six de- grees and thirty minutes northern latitude, and so west in a di- rect line, as far as the South seas, and. southward and westward as far as the degree of twenty-nine, inclusive, of northern lati- tude, and south-west, in a direct line, as far as the South seas." The southern part of Carolina and the northern, though he- longing to the same proprietors, because of the remote distance of the settlements from each other, were placed under different Governors. There was at the time of the adoption of this meas- ure a space of three hundred miles, with numerous Indians, be- tween them. North Carolina was at first called otiv Countij oj AlheuHirlc, in CaroJitia. But about the beginning of 1700 it be- gan to be called the CoJo)ii/ of Xorth CaivJiua.* As the settle- ments began to extend, this unlocated boundary became the subject of much altercation between Virginia and North Carolina."}" The Virginians, under titles from the crown, had taken up lands to the southward of the proper limits; and the Carolinians, under warrants from the ^proprietors, were charged with taking up lands that belonged to the crown. Before January, 1711, commissioners had been appointed to run the boundary line; proclamations were issued forbidding surveys and grants for lands within the disputed limits, until the line should be marked, but without effect. J In January, 1711, commissioners were again appointed by the Governors of Virginia and North Carolina, but for want of money they also failed to accomplish their intended object. The public inconvenience experienced from these fail- ures deeply affected the peace of society, and a remedy was sought for in the act of limitations. The preamble contains a brief but impressive enumeration of the prominent evils of the times, and of the causes which produced the act. " Whereas great suit, debate, and controversy hath heretofore been, and may hereafter arise, by means of ancient titles to lands derived from patents granted by the Governor of Virginia, the condition of which patents have not been performed, nor quit rents paid, or the lands have been deserted by the first patentees ; or for, or by- reason or means of, former entries or patents granted in this * 1 Williamson, 162. f 2 Williamson, 16. J Ibid. 18 HAYWOOD'S HISTORY OF TENNESSEE. government ; " for prevention whereof, and for quieting men's es- tates, and for avoiding suits in law, this act professes to be made. It proposes for its own achievement the most important end of legislation, tlte quieting of men's estates. In 1728 the at- tempt was again repeated and failed, after the commissioners of both colonies had met at Currituck. Their instructions were so framed as to frustrate the attempt: they were directed to begin at the north end of Currituck River or Inlet, thence to run west- wardly to the mouth of Wyonoak Creek, or Chowan Eiver, whence it was to be continued a due west course. There was no Curri- tuck River, but only a bay of that name, the head of which is 10' or 15' to the northward of the inlet where the line should begin. They could not agree upon the place "called Wyonoak, "nor could they agree at what place to fix the latitude of 36° 30'. They broke up without doing any thing, and the Gov- ernors of North Carolina and Virginia were obliged to fix upon terms that were explicit. They made a convention upon the subject of a boundary between the two provinces, which they transmitted to England for the king's approbation; the king in council agreed to the convention, and so did the lord proprietors, and returned it to the Governors to be executed. The agreement was "that from the mouth of Currituck River, setting the compass on the north shore thereof, a due west line shall be run and fairly marked, and if it happen to cut Chowan River between the mouth of Nottoway River and Wiccacon Creek, then the same direct course shall be continued toward the mountains, and be ever deemed the dividing line between Vir- ginia and Carolina. But if the said west line cuts Chowan River to the southward of Wiccacon Creek, then from that point of in- tersection the bounds shall be allowed to continue up the mid- dle of Chowan River, to the middle of the entrance into said Wiccacon Creek; and from thence a due west line shall divide the two governments. That if said west line cuts Blackwater River to the northward of Nottoway River, then from the point of intersection, the bounds shall be allowed to be continued down the middle of said Blackwater, to the middle of the en- trance into said Nottoway River, and from thence a due west line shall divide the two governments. "That if a due west line shall be found to pass through islands, or cut out small slips of land, which might much more conven- Haywood's histoky of Tennessee. 19 ieiitly be included iu the one province or other, by natural water bounds, in such case the persons appointed for running the line shall have power to settle natural bounds, provided the commis- sioners on both sides agree thereto; and that all variation from the west line be punctually noted on the premises or plats, which they shall return to be put upon the records of both gov- ernments." Commissioners were appointed to carry this agree- ment into effect, both on the part of Virginia and North Carolina. On the 15th of December, 1727, an answer was written by the Governor of Virginia to the Governor of North Carolina on the subject; and on the 16th of December, 1727, the commissioners of Virginia wrote to the commissioners of North Carolina on the same subject. The commissioners met at Currituck Inlet in 1728. The variation of the compass was found to be 3° 1' 2"* W., nearly; and the latitude 36° 31'. The dividing line struck Black water one hundred and seventy-six poles above the mouth of Nottoway. The variation of the compass at the mouth of Not- toway was 2° 30'. The commissioners on the part of Virginia were: Col. Bird, Richard Fitzwilliam, and William Dandridge. On the part of North Carolina they were: John Lovick, Chris- topher Gale, Edward Mosely, and AVilliam Little. This line was afterward extended by Joshua Fry and Peter Jefferson, commissioners on the part of Virginia, together with Daniel Weldon and William Churton, from North Carolina. When the revolution commenced, and North Carolina made a Constitution for herself, which was ratified on December 18, 1776, the boundaries of the State were declared to be as then recognized by Virginia and South Carolina, and which they have never since questioned: "Beginning on the sea-side, on a cedar stake, near the mouth of Little River, being the southern extremity of Brunswick County, which stands in 33" 56', to 35° N. latitude; and from thence a west course, so far as is men- tioned in the charter of King Charles II. to the late proprietors of Carolina. All the territories, seas, waters, and harbors, with their appurtenances, lying between this line and the southern line of the State of Virginia, which begins on the sea-shore, in 36° 30' N. latitude; and from thence west, agreeably to the said charter of King Charles, they declared to be the right and prop- erty of the people of North Carolina." * Williamson, 22. 20 Haywood's histoky of Tennessee. By the treaty of peace signed at Paris in 1763, between the kings of Great Britain and France, it was agreed for the future that the confines between the dominions of the two crowns in America should be irrevocably fixed by a line drawn along the middle of the river Mississippi, from its source, as far as the river Iberville; and from thence, by a line drawn along the middle of this river and the lakes Maurepas and Pontchartrain. All the country between the Mississippi and the South Sea was abandoned by the British government in this treaty; yet the convention of North Carolina seemed to be stubbornly unwill- ing to recognize that relinquishment in 1776; when, at the same time, they looked forward to France and Spain as the most faithful friends they had in the existing contest with Great Britain. Virginia, in a general convention of delegates and represent- atives from the several counties and corporations of Virginia, held at the capitol in the city of Williamsburg, on Monday, the 5th of May, 1776, made a declaration of rights, and agreed upon a Constitution or form of government. Amongst other things contained therein, it is ordained as follows: "Section 21. The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby conceded and forever confirmed to the people of these colonies respectively," etc. Here was magnanimously cut off and sur- rendered all the territories which had been taken from Virgin- ia by royal patents to satisfy the grants to the lord proprietors. The Mississippi and the latitude 36° 30' were now firmly settled as the boundaries of North Carolina, and it was cheerfully hoped that no further difiiculties would ever arise on the subject. Full of this expectation, the assemblies of Virginia and North Car- olina, in 1779, appointed commissioners to extend the boundary line between them, as the extension of the western settlements then made it a necessary measure. They were to begin the ex- tension of the line where Fry and Jeft'erson, and Weldon and Churton ended their rrork; and if that be found to be truly in latitude 36° 30' N., then to run from thence due west to the Ten- nessee or the Ohio Eiver; or, if it be found not truly in said lat- itude, then to run from the said place due north or due south into the said latitude, and thence due west to the said Tennes- see or Ohio River, correcting the said course at due intervals Haywood's history of Tennessee. 21 by astronomical observations. Col. Henderson and William B. Smith, on the part of North Carolina; and Daniel Smith and Doctor Walker, on the part of Virginia, met to extend the line in the year 1780. They ran it together about forty miles, when some difference took place, and the commissioners on the part of North Carolina ran a parallel line two miles north of the oth- er line for about half the distance, and extended the line no farther. Mr. Walker and the other commissioner from Virginia extended the line to the Tennessee Eiver, and marked its termina- tion on the Mississippi by observations, leaving the line from the Tennessee to that place nnsurveyed. The Virginia commission- ers made a report to their constituents, which may be seen in the appendix to this volume. As was to be anticipated, much disorder ensued from the run- ning of these two lines; between them the authority of either State was not established; the validity of process from either State was not acknowledged; entries for the interstitial lands were made in the land offices of both States, and grants issued from both States. Crimes committed between the two lines could not be punished by either State, because in every indictment the j^lace , ichere was a material averment, as also it was to set forth the county and State in which it lay. Such a state of society could not long be endured, and the State of Virginia applied to North Carolina in 1789 to remedy these evils by the establishment of Walker's line. The assembly of North Carolina which began its session at Fayetteville on the 2d of November, 1789, and rose on the 22d of December, referred to a committee the letter of the Governor of Virginia on this subject. They reported "that it was proposed on the part of Virginia that the line common- ly called Walker's line be established as the boundary between the two States. Should this proposal not be acceptable to North Carolina, they then will appoint commissioners to meet any per- sons who may be appointed on the part of North Carolina, em- powered to confer on the propriety of establishing Walker's or Henderson's line, and to report their proceedings to the Legisla- tures of their respective States." They then state the facts rela- tive to the running of the two lines, and of Walker's line to the Tennessee, and of marking its termination on the Mississippi, and proceed: "As the difference between said lines could be only two miles, running most of the distance through a mountainous, 22 HAYWOOD'S HISTORY OF TENNESSEE. barren country, and as they have great reason to believe, from the information of Gen. Smith, that the line commonly called Walker's line is the true one, your committee are of opinion that the object is not worth the expense of sending commission- ers to confer on the j^ropriety of establishing Henderson's line in preference to that of any other; and do recommend that a law be passed confirming and establishing the line commonly called Walker's line as the boundary between North Carolina and Vir- ginia, with a reservation in favor of the oldest grants from either State, in deciding the rights of individual claimants on the tract between the two lines commonly called Walker's and Hender- son's line. Signed, Thomas Person, Chairman." This report was concurred with by both houses of the Legislature; at least so it is stated to have been, by the next report made upon the same subject. In the House of Commons, on the 11th of December, 1790, the committee to whom the letter from the Governor of Vir- ginia, on the boundary line between North Carolina and the State of Virginia, was referred, reported "That in the opinion of your committee, the boundary line between North Carolina and Virginia be confinned agreeably to the report of a committee concKrred iv'dli by botJi houses, last session of assembly; and that a law be passed confirming the line commonly called Walker's line as the boundary between the States of North Carolina and Virginia, reserving the rights of the oldest patents, grants, or en- tries made in either of the States. All of which is submitted. Signed, Thomas Person, Chairman." On the 11th of December, 1790, this report was concurred in by both houses. On the 7th of December, 1791, the Assembly of Virginia, hav- ing received official information that the Legislature of North Carolina had resolved to establish the line commonly called Walker's line as the boundary between North Carolina and Vir- ginia therefore enacted that the line commonly called Walker's line shall be, and is hereby declared to be, the boundary line of this State. As these proceedings were after the cession act, and the latter of them after the date of the deed made by the North Carolina Senators in Congress, ceding to the United States the western territory, they were not recognized by the State of Ten- nessee as valid. On the 13th of November, 1801, the Assembly of Tennessee, by an act passed for the purpose, authorized the Governor to Haywood's history of Tennessee. 23 appoint commissioners to meet others appointed or to be ap- pointed on the part of Virginia, to take the latitude and run the line. Commissioners were appointed for the same purpose by the State of Virginia. They all met at Cumberland Gap, and on the 18th of December, 1802, came to an agreement, which they reduced to writing, and signed and sealed; in pursuance of which they ran the dividing line between the two States. The agreement and the line run in pursuance of it, both States con- firmed by an act of their respective Legislatures. The act of the State of Tennessee was passed on the 3d of November, 1803, and that of Virginia in the same year. Joseph Martin, Creed Tay- lor, and Peter Johnston were the commissioners on the part of Virginia; and John Sevier, George Eutledge, and Moses Fisk, on the part of Tennessee. The agreement, and the certificate of the surveyors who ran the dividing line, follow: "The commissioners for ascertaining and adjusting the bound- ary line between the States of Virginia and Tennessee, appoint- ed pursuant to public authority, on the part of each — Gen. Jo- seph Martin, Creed Taylor, and Peter Johnston, for the former; and Moses Fisk, Gen. John Sevier, and Gen. George Rutledge, for the latter — having met at the place previously appoint- ed for the purpose, and not uniting from the general result of their astronomical observations, to establish either of the former lines, called Walker's and Henderson's, unanimously agreed, in order to end all controversy respecting the subject, to run a due west line, equally distant from both, beginning on the summit of the mountain generally known by the name of the White Top Mountain, where the north-east corner of Tennessee terminates, to the top of the Cumberland Mountain, where the south-western corner of Virginia terminates, which is hereby declared to be the true boundary line between the said States, and has been accord- ingly run by Brice Martin and Nathan B. Markland,the surveyors duly appointed for the purpose, and marked under the direction of the said commissioners, as will appear more at large by the re- port of the said surveyors hereto annexed, and bearing equal date herewith. The commissioners do further unanimously agree to recommend to their respective States that individuals having claims or titles to lands on either side of said line as now fixed and agreed on, and between the lines aforesaid, shall not, in consequence thereof, in any wise be prejudiced or affected 24 Haywood's history of Tennessee. thereby; and that the Legislatures of their respective States should pass mutual laws to render all such claims or titles se- cure to the owners thereof. "And the said commissioners do further unanimously agree to recommend to the States respectively, that reciprocal laws should be passed confirming the acts of all public officers, whether mag- istrates, sheriffs, coroners, surveyors, or constables, between the said lines, which would have been legal in either of the afore- said States had no difference of opinion existed about the true boundary line. This agreement shall be of no effect till ratified by the Legislatures of the States aforesaid respectively, and un- til they shall pass mutual laws for the purposes aforesaid. "Given under our hands and seals, at William Robertson's, near Cumberland Gap, the 8th of December, A.D. 1802." The certificate of the surveyors then followed in the report, in these words : "The undersigned surveyors having been duly appointed to run the boundary line between the States of Virginia and Ten- nessee, as directed by the commissioners for that purpose, have agreeably to their orders run the same. "Beginning on the summit of the White Top Mountain, at the termination of the north-eastern corner of the State of Ten- nessee, a due west course to the top of the Cumberland Mount- ain, where the south-western corner of the State of Virginia ter- minates, keeping at an equal distance from the lines called Walker's and Henderson's; and have had the new line run as aforesaid, marked with five chops in the form of a diamond, as directed by the said commissioners." This certificate is dated on the same day the report of the commissioners was. Laws were passed by the Legislatures of both States for the confirmation of all these stipulations. As to the other part of the boundary between this State and Kentucky, proposals, and negotiations, and acts of Assembly con- tinued to be made for many years, and matters seemed as if they never. could be settled. At length, in 1819, Kentucky took a step of a very decisive character. Her commissioners, Alexan- der and Munson, came to the Cumberland Eiver, and took the lati- tude upon its bank, sixteen or seventeen miles above the termi- nation of Walker's line on that river, and to the south of it, and from thence ran due west to the Mississippi. Tennessee was Haywood's history of Tennessee. ' 25 about to open a laud office, and to apj)ropriate the lands lately purchased by treaty from the Chickasaw Indians. Old entries had been made in the land offices of North Carolina, to a con- siderable amount, for lands north of Alexander and Munson's line; and if this territory should be lost to the State of Tennes- see, either those claims must be satisfied out of the residue of the Chickasaw lands within the bounds of Tennessee, or must abide the event of a judicial contest between the two States, when there might be no longer any lands left wherewith to sat- isfy their claims, should the decision eventually be unfavorable to the State of Tennessee. Such were the existing circumstances at the meeting of the Assembly of the State of Tennessee, in Sep- tember, 1819; and they imperiously called for the attention of the Legislature. The subject was referred to a committee, and they reported, giving a historical statement of all the material facts which related to Walker's line, and recommended the ap- pointment of commissioners to negotiate afresh upon the subject of the boundary. The assembly passed a law upon the subject. It directed two commissioners to be appointed by joint ballot of both houses, who should forthwith repair to the Legislature of Kentucky, then in session, and come to an agreement for settling the boundary. It gave them full and absolute powers, without revision or control of the Legislature as to what they did, not needing the previous consent or ratification of the Legislat- ure to make it valid. The Assembly foresaw the impossibility of reconciling all parties who might be affected by the treaty when made; and prudently, as they supposed, cut up the diffi- culties of future opposition by the roots, by this determined and unusual step. The commissioners elected were Felix Grundy and William L. Brown. Well aware of the high responsibility they had undertaken, and of the important consequences which were to ensue from their conduct, and aware, also, of the splen- did talents which it was well known the State of Kentucky could put in array against them, they set forward, arrived at the place where the Legislature of Kentucky were in session, pre- sented themselves, and made known their commission. They opened and conducted the negotiation with ability, and finally succeeded in making a convention, which may be seen in the "Ap- pendix " to this volume. As is the fate of every treaty, whether bad or good, and with 26 Haywood's histoky of Tennessee. the acts of public servants, whether praiseworthy or otherwise, this treaty, as soon as it saw the light, was encountered with ex- ceedingly animated opposition. It finally triumphed, however: the Legislature recognized its validity, and provided for its exe- cution. As to the southern boundary, in the year 1712, Gov. Hyde, in his commission, was called the Governor of North Carolina. From the year 1693 the legislative bodies were called assem- blies, but prior to that time, parliaments.* In the year 1737 commissioners were appointed on behalf of North Carolina and South Carolina, to run a dividing line. The commissioners on the part of North Carolina were Robert Hilton, Matthew Rowan, and Edward Moseley. The commissioners began at a cedar stake, on the sea-shore, by the mouth of Little River, and having run a north-west line until they arrived, as they con- ceived, at the beginning of the thirty-fifth degree of north lati- tude, they altered the course by mutual consent, and ran to the river Pedee. At the termination of the north-western line, they erected a light wood stake, upon a mound of earth. The line was extended twenty miles by private persons, and that tempo- rary line was continued farther in the year 1764. This was taken for the true line, according to Gov. Tryon's proclama- tion of the 9th of May, 1765. Since the Revolution it has been extended to the eastern boundary of the State of Tennessee. Commissioners were lately appointed to run the dividing line between the States of Georgia and Tennessee, and they reported that they, pursuant to " an act to run and establish the boundary line between this State and the State of Georgia," proceeded to appoint Joseph Cobb, Esq., surveyor, and employed and appoint- ed two markers and two chain-carriers, Robert Blair, Isaac Ray, Short Shelton, and David Boling; and that they arrived at Ross's, in the Cherokee Nation, on the Tennessee River, on the 15th of May, 1818, being the place to which they were ordered by the Governor's instructions; from whence they proceeded to Nicka- jack, on the Tennessee River, being the boundary line between the States of Georgia and Alabama, and met the commissioner, mathematician, and surveyor, who were appointed on the part of Georgia, on the 16th of May, 1818. And after exchanging their powers, proceeded to ascertain the thirty-fifth degree of north ®1 Will., 162. Haywood's history of Tennessee. 27 latitude. After sundry observations, and great delay, occasioned by unfavorable weather, on the 31st it was ascertained, by mut- ual consent of all concerned, to be one mile and twenty-eight poles from the south bank of the Tennessee River, due soiitli from near the center of the town of Nickajack, near the top of the mountain. At this point, it was supposed, should be the corner of the States of Georgia and Alabama. " Here we caused a rock to be set up about two feet high, and four inches thick, and fif- teen inches broad, engraved on the north side thus: ^Jnne 1st, 1818, var. [for variation], six and three-fourth deg. east,' which was found to be the variation of the compass. And on the south side of said rock was also engraved, 'Geo. lot. 35 north. J. Car- mack.' The corner-stone being set, we ran the line due east, lessening the variation by degrees, and closed it on the top of the Unaca Mountain, with five and a half deg. of variation. The line was marked by blazing all the trees on the east and west side that stood within six feet of the line, and all that stood on either side of these blazed trees were marked with the chops pointing to the line. It was measured and mile-marked, with the number of miles on the west side of the tree, and a cross on the east side. Old Mr. Ross's is two miles eighteen yards in Ten- nessee; David M'Nair's is one mile and one-fourth of a mile in Tennessee. We began the extension of the line on the first day of June, 1818, and closed it on the twenty-seventh of the same month. The length of the line is one hundred and ten miles lacking two outs, from the rock before described to the top of the Unaca Mountain. This mountain is the ridge that divides the waters of the Tennessee and the Hiwassee, the line running near the head of the latter river." This report was made by Maj.-Gen. John Cocke, the Tennes- see commissioner. Mr. Gaines, the mathematician on the part of Tennessee, was also to have signed it, but being absent, it was signed by Gen. Cocke alone. The line west of Nickajack was extended in part by Gen. Cofi'ee, and the residue by Gen. Winchester, to the river Missis- sippi, and all parties concerned acquiesced therein. The eastern boundary of this State was established by the act of Assembly of North Carolina, 1789, ch. 3, commonly called the cession act, which ceded to the United States all the territory now called Tennessee, and which lay west of the bounds they 28 Haywood's history of Tennessee. described. These bounds were as follows: Beginning at the ex- treme height of the Stone Mountain, at the place where the Vir- ginia line intersects it; running thence along the extreme height of said mountain, to the place where the Watauga Kiver breaks through ; thence a direct course to the top of the Yellow Mount- ain, where Bright' s road crosses the same; thence along the ridge of said mountain between the waters of Doe Eiver and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; thence along the extreme height of said mount- ain to where the Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of said mountain to the place where it is called Unacoy or Unaca Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of said mountain to the southern boundary of this State. A controversy arose concerning the Unaca Mountain, and commissioners were appointed between the States of Tennessee and North Carolina to ascertain which was the mountain so called in the act of cession. The commissioners met at New- port, in Tennessee, on the 14th of July, 1821, to make the neces- sary arrangements for running and completing the line between the two States. Commissioners from North Carolina alone had run it in part, from the White Top Mountain, on the Yirginia line, to the place where they stopped in 1797. This was near the Catatooche road, on the Smoky Mountain ; from which place to the crossing of the Tennessee River, a few miles above the Ta- lassee Old Town, is twenty-two miles; and from thence to the termination of the main Unaka Mountain, the last point desig- nated in the act of cession, is seventy-nine miles, making the whole distance one hundred and one miles, to a hickory tree and rock, set up at the edge of the Unaca turnpike road, marked with the distance and initials of the two States. From that point the commissioners unanimously agreed to run due south, until they should strike the southern boundary of the two States, on the Georgia line, which was found by them to be one hundred and sixteen miles, at a point twenty-three poles east of the seventy-two mile tree, from the point where the southern bound- ary of this State strikes the south bank of the Tennessee River, at Haywood's histoby of Tennessee. 29 the State o£ Alabama. This leaves the upper part of the Hiwassee River, contrary to what was expected, in North Carolina, includ- ing the Middle Settlements of the Cherokees, or what was termed the Valley Towns, which is sufficient in extent to make a consid- erable county in North Carolina, west of Haywood County. To this tract the Indian claim is yet unextinguished. The line having been run by the proper authority, their proceedings were fully ratified by the Legislatures of North Carolina and Tennessee, and the boundary between them, in this quarter, be- came thenceforth certain and fixed. The principal part of the Indian claim is extinguished by the late treaties. The Indian boundaries which have been established by trea- ties, from time to time, are next to be described. The first cession was made at Fort Stanwix, in the month of November, in the year 1766, by commissioners on behalf of his Britannic majesty, on the one part, and the Six Nations on the other. They then passed away from the Six Nations, the sole sovereigns of the soil, all their right south-east of the Ohio, and down to the Cherokee River, which, they said in the treaty, was their just right, and vested the soil and sovereignty thereof, in the King of Great Britain. In the year 1781 it became neces- sary to fix the extent of Indian claims, and the deposition of Col. George Croghan was resorted to for that purpose. He had lived nearly thirty years among the Indians, in the charac- ter of deputy superintendent, and seems to have possessed a more general knowledge of the state of their claims and the history of their wars than any other who has been drawn into public ob- servation. His deposition is in these words: "George Croghan, Esq., being duly sworn on the Holy Evangelists of iVlmighty God, doth depose &nd say that the Six Nations claim by rig Jit of conqnest all the lauds on the south-east side of the river called Stony River; and that the Six Nations never had a claim of any kind, nor made any claim to lands below the Big Miami or Stony River, on the west side of the Ohio; but that the lands on the west side of the Ohio, below Stony River, were always supposed to belong to the Indians of the Western Confeder- acy; that Col. Croghan, the deponent, has for thirty years been intimately acquainted with the above country and the Indians, and their different claims to territory, and never heard the Six Nations claim, and knows they never did claim, beyond the above 30 Haywood's histoey of Tennessee, description ; nor did they ever dispute the claim of the "Western Confederacy. Sworn to the 20th of October, 1781, before me, George Miller." Some visiting Cherokees, at the treaty held at Fort Stanwix, had, on their route, killed game for their support, and on their arrival at Fort Stanwix they immediately tendered the skins to the Indians of the Six Nations, saying, " They are yours; we killed them after we passed the "Big River," the name by which the Cherokees have always designated the Tennessee. The Six Nations claimed the soil by conquest, not as the abo- riginal owners, and this is the traditionary account of their na- tion. Who were the aborigines, and whether they were all de- stroyed or driven from their possessions, and when these events happened, are left unfixed. But in 1750 they rested upon tra- dition, which at that time had lost the circumstantial details which belong to recent transactions. Certain it is, the whole country which they claimed was depopulated, and still retained the vestiges of an ancient and very numerous population. In the fall of the year 1774 a treaty was commenced between a company composed of Richard Henderson, Thomas Hart, Na- thaniel Hart, John Williams, William Johnston, John Luttrell, John Hogg, David Hart, and Leonard H. Bullock, of the one part, and the Cherokees of the other, which terminated in March, 1775. The treaty was held at Watauga. The company obtained from them, in fair and open treaty, two deeds. One of them was called the Path Deed, and the courses and boundaries expressed in it are as follow: "All that tract, territory, or parcel of land, beginning on the Holston River, where the course of Powell's Mountain strikes the same; thence up the said river as it mean- ders to where the Virginia line crosses the same; thence west- wardly along the line run by Donelson, etc., to a point six En- glish miles eastward of the Long Island, in the said Holston River; thence a direct course toward the mouth of the Great Kanawha, until it reaches the top ridge of Powell's Mountain; thence westwardly along the said ridge, to the beginning." The other deed, which was called the Great Grant, contained the fol- lowing boundaries: "All that tract, territory, or parcel of land, situated, lying and being in North America, on the Ohio River, one of the eastern branches of the Mississippi River, beginning on the said Ohio, at the mouth of Kentucky, Cherokee, or what by the English is called Louisa River; thence running up said HAYWOOD'S HISTORY OF TENNESSEE. 31 river, and the most noi'thwardly fork of the same, to the head spring thereof ; thence a south-east course to the ridge of Powell's Mountain; thence westwardly along the ridge of the said mount- ain unto a point from which a north-west course will hit or strike the head spring of the most southwardly branch of Cum- berland River; thence down the said river, including all its wa- ters, to the Ohio River; thence up the said river as it meanders, to the beginning." The benefit of these cessions was claimed by the States of Virginia and North Carolina, under the Constitu- tions of these States, the proclamation of the King of Great Britain, soon after the treaty of 1763, for regulating the inter- course of the colonies with the Indians, and laws made in the time of their provincial dependence upon the crown of Great Britain. After the Cherokee War, which terminated by a peace made in 1777, the boundaries agreed upon between the Cherokees and white people, and which were repeated, confirmed, and recog- nized by an Act of the Assembly of North Carolina in 1788, were these: "Beginning at a point on the boundary line which has been agreed upon by the Cherokees and colony of Virginia, where the line between that commonwealth and North Carolina shall intersect the same; running thence a right line to the north bank of the Holston River, at the mouth of Cloud's Creek, be- ing the second creek below the Warrior's Ford, at the mouth of Carter's Valley; thence a right line to the highest point of a mountain called the High Rock or Chimney Top; from thence a right line to the mouth of Camp Creek, otherwise called Mc- Name's Creek, on the south bank of the Nolichucky River, about ten miles, be the same more or less, below the mouth of the Great Limestone; and from the mouth of Camp Creek aforesaid, a south-east course to the top of the ridge of the mountain called the Great Iron Mountain, being the same which divides the hunting-grounds of the Overhill Cherokees from the hunting- grounds of the Middle Settlements ; and from the top of the said ridge of the Iron Mountain a south course to the dividing ridge between the waters of the French Broad River and the waters of the Nolichucky River; thence a south-westwardly course along the said ridge to the Great Ridge of the Appalachian Mountains, which divides the eastern and western waters; thence with said dividing ridge to the line that divides the two States of North and South Carolina." 32 Haywood's history of Tennessee, In April, in the year 1783, tlie Assembly of North Carolina, in the plenitude of their sovereign power, at times not less dictato- rial than any other sovereign power upon earth, assigned for the future new boundaries to the Cherokees, intending to appropri- ate all those lands not included within them, for redemption of their public debt, and to satisfy the claims which the officers and soldiers had upon them. These boundaries they thus de- fined: "Beginning on the Tennessee, where the southern bound- ary of North Carolina intersects the same, nearest to the Chic- amauga towns; thence up the middle of the Tennessee and Hol- ston to the middle of the French Broad River, which is not to in- clude any island or islands in said river, to the mouth of the Big Pigeon River; thence up the same to the head thereof; thence along the dividing ridge between the waters of the Pigeon River and the Tuckasejah River, to the southern boundary of North Carolina." All other lands claimed, whether by Cherokees or Chickasaws, they included, either in the bounds of the entry office to be kept for the sale of lands by John Armstrong, or of the office opened for surveying and granting the lands promised to the offi- cers and soldiers, or of the county offices for selling and entering lands. The boundaries for the military lands they established as follows: "Beginning at the Virginia line, where the Cumber- land River intersects the same; thence south fifty -five miles; thence west to the Tennessee River ; thence doAvn the Tennessee to the Virginia line ; thence with the said line east to the begin- ning." The bounds of John Armstrong's office were: "Begin- ning in the line which divides Virginia and North Carolina, at a point due north of the mouth of Cloud's Creek; running thence west to the Mississippi; thence down that river to the thirty-fifth degree of north latitude; thence due east until it strikes the Ap- palachian Mountains; thence with the Appalachian Mountains to the ridge that divides the waters of the French Broad River and the waters of the Nolichucky River; and with that ridge till it strikes the line established in 1777, and described in the Act of 1778," as before stated. On the 2d of November, 1785, at Hopewell, on the Keowee, the United States of America and the Cherokees concluded a treaty, in which the Cherokee boundaries are declared to be as follows: "Beginning at the mouth of Duck River^ on the Tennes- see; thence running north-east to the ridge dividing the waters HAYWOOD'S HISTOEY OF TENNESSEE. 83 running into the Cumberland from those running into the Ten- nessee; til ence eastwardly along said ridge to a north-east line to be run, which shall strike the Cumberland River forty miles above Nashville; thence along the said line to the river; thence up the river to the ford where the Kentucky road crosses the river; thence to Campbell's line, near Cumberland Gap; thence to the mouth of Cloud's Creek to Holston; thence to the Chimney Top Mountain: thence to Camp Creek, near the mouth of Big Lime- stone, on Nolichucky; thence a southwardly course seven miles to a mountain; thence to the North Carolina line," etc. On the 2d of July, 1791, the United States and the Cherokee Nation made another treaty on the treaty ground, on the bank of the Holston, in which the Cherokee boundaries are agreed upon: "Beginning at a point where the South Carolina Indian bound- ary crosses the North Carolina boundary; thence north to a point from a line to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River, from those running into the Tennessee; thence up the river Clinch to Campbell's line, and along the same to the top of Cumberland Mountain; thence a direct line to the Cum- berland River where the Kentucky road crosses it; thence down the Cumberland River to a point from whence a south-west line will strike the ridge which divides the waters of the Cumberland from those of Duck River, forty miles above Nashville; thence down the said river to a point from whence a south-west line will strike the mouth of Duck River." By a treaty made between the United States and the Chero- kees, in the council house near Tellico, on the Cherokee ground, on the 2d of October, 1798, they ceded to the United States all the lands within certain specified points: "From a point on the Tennessee River, below Tellico Block-house, called the Wild Cat Rock, in a direct line to the Militia spring, near Maryville road, leading from Tellico; from the said spring to the Chilhowee Mountain, by a line so to be run as will leave all the farms on Nine Mile Creek to the southward and eastward of it, and to be continued along Chilhowee Mountain until it strikes Hawkins's line; thence along the said line to the Great Iron Mountain; and from the top of which a line to be continued in a south-east- wardly course to where the most southwardly branch of Little River crosses the divisional line to Tugulo River, from the place 3 34 Haywood's history of Tennessee. of beginning, the Wild Cat Rock, down the north-east margin of the Tennessee River, not including islands, to a point or place one mile above the junction of that river with the Clinch; and from thence by a line to be drawn in a right angle, until it in- tersects Hawkins's line, leading from the Clinch ; thence up the said river to its junction with Emmery River; thence up Emmery River to the foot of Cumberland Mountain; thence a line to be drawn north-eastwardly along the foot of the mountain until it intersects with Campbell's line." By a treaty made on the 27tli of October, 1805, the Cherokees ceded all the lands north of a line beginning at the mouth of Duck River; running thence up the stream of the same to the junction of the fork at the head of which Fort Nash stood with the main fork; thence a direct course to a point on the Tennes- see River bank, opi^osite to the mouth of Hiwassee River, pro- viding for certain reservations ; thence up the middle of the Ten- nessee, but leaving all the islands to the Cherokees, to the mouth of Clinch River; thence up Clinch River to the former bound- ary line agreed upon with the said Cherokees, making some reservations for the use of the Cherokees. By a treaty made with the Cherokees, and dated the 7th of Januar}", 1806, they relinquished to the United States all right, title, interest, or claim which they then had, or ever had, to all that tract of country which lies to the northward of the river Tennessee, and westward of a line to be run from the upper part of the Chickasaw Old Fields, at the upper point of an island called Chickasaw Island, on said river, to the most eastw^ardly head waters of that branch of said Tennessee River called Duck River, excepting two small tracts which are described in the treaty. And by an elucidation of this treaty, made on the same day, it is declared to be the intention of the Cherokees to cede to the United States all the right, title, and interest which the said Cherokee Nation ever had to a tract of C9untry contained between the Tennessee River and the Tennessee Ridge, which tract of country had, since the year 1794, been claimed by the Cherokees and Chickasaws; the eastern boundary whereof is limited by a line so to be run from the upper part of the Chick- asaw Old Fields as to include all the waters of Elk River; and it is declared that the eastern limits of said tract shall be bound- ed by a line so to be run from the upper end of the Chickasaw Haywood's history of Tennessee. 35 Old Fields, a little above the upper part of an island called Chickasaw Island, as will most directly intersect the first waters of Elk River; thence carried to the Great Cumberland Mountain, in which the waters of Elk River have their source; thence along the margin of said mountain until it shall intersect lands heretofore ceded to the United States at the said Tennessee Ridge. By two treaties, one dated on the 8tli of July, 1817, the other on the 27th of February, 1819, the Cherokee Nation ceded to the United States all their lands lying east and north of a cer- tain line described in the treaty: "Beginning on the Tennessee River, at the point where the Cherokee boundary with Madison County, in the Alabama territory, joins the same; thence along the main channel of said river to the mouth of the Hiwassee; then along its main channel to the first hill which closes in on said river, about two miles above Hiwassee Old Town; thence along the ridge which divides the waters of Hiwassee and Little Tellico, to the Tennessee River at Talassee; thence along the main channel to the conjunction of the Cowee and Nanteyalee; thence along the ridge in the fork of said river to the top of the Blue Ridge; thence along the Blue Ridge to the Unaca turn- pike road; thence by a straight line to the nearest main source of the Chestotee; thence along its main channel to the Cata- houchee; and thence to the Creek boundary; it being under- stood that all the islands in the Chestotee, and the parts of the Tennessee and Hiwassee, with the exception of Jolly's Island, in the Tennessee, near the mouth of the Hiwassee, which con- stitute a portion of the present boundary, belong to the Chero- kee Nation; and it is further understood that the reservations contained in the 2d article of the treaty of Tellico, signed the 26th of October, 1805; and a tract equal to twelve miles square, to be located at the first point formed by the intersec- tion of the boundary line of Madison County, already men- tioned, and the north bank of the Tennessee River, thence along the said line, and up the said river, twelve miles, are ceded to the United States, in trust for the Cherokee Nation, to be sold by the United States, and the proceeds vested in the stock of the United States; the interest to be applied for diffusing the ben- efits of education amongst the Cherokees; and also the rights vested in the Unaca Turnpike Company by the Cherokee Nation 36 Haywood's history of Tennessee. are not to be affected by tliis treaty." This cession was in full satisfaction of all claims which the United States had on account of the cession to a part of the nation, who have emigrated, or might thereafter emigrate, to the Arkansas, and this treaty is a final adjustment of that of the 8th of July, 1817. The Cherokee hunting-grounds had been so long exposed to those enemies of animal existence, powder and ball, the obvious but sometimes overlooked cause of the decrease of game, of In- dian manufactures, and of Indian population, that they no longer afforded a plentiful subsistence for the owners. Those who were still addicted to the chase resolved to remove to a country on White River, where their employment would be rendered more profitable by the greater plenty of game which they found there. Deputies from the Lower Towns were sent to the government of the United States, to make known their desire to continue the hunter life, and also the scantiness of game where they lived; and under these circumstances, their wish to remove across the Mississippi River, on some vacant laud of the United States; and the}' desired, as a part of the Cherokee Nation, for a divis- ion to be made of their country, so as to include all the waters of the Hiwassee to the Upper Towns. The President permitted those who wished to remove to send an exploring party to re- connoiter the country on the waters of the Arkansas or White Rivers; " the higher up the better, as they will be the longer un- approached by our settlements, which will begin at the mouths of these rivers. The regular districts of the government of the United States were already laid off to the St. Francis. When these parties," said the President, "shall have found a tract of country suiting the emigrants, and not claimed by other Indians, we will arrange with them, and give in exchange that, for a just portion of the country they have, and to a part of which, propor- tioned to their numbers, they have a right. " Every aid toward their removal, and what will be necessary for them to have, will then be freely administered to them, and when established in their new settlements, we shall still consid- er them as our children, give them the benefit of exchanging their peltries for what they will want of our factories, and always hold them firmly by the hand." They explored the country ac- cordingly, on the west side of the Mississippi, and made choice of the country on the Arkansas and White Rivers, and settled Haywood's history of Tennessee. 37 themselves down on the United States lands, to which no other tribe of Indians have any just claim. They duly notified the President thereof, and of their anxious desire for the full and complete ratification of his promise, and sent on their agents to execute a treaty. The nation of the Cherokees then ceded to the United States all the lands north and east of those bounda- ries, which were finally adjusted and settled by the treaty of the 27tli of February, 1819, which have been before described. By a treaty with the Chickasaws, made between them and the United States at Hopewell, on the Keowee, near Seneca Old Town, on the 10th of January, 1786, their bounds were estab- lished as follows : Beginning at the ridge that divides the waters running into the Ciimberland from those running into the Ten- nessee, at a point in a line to be run north-east, which shall strike the Tennessee; thence runniog westwardly along the said ridge till it strikes the Ohio; thence down the southern bank thereof to the Mississippi; the same coiirse to the Choctaw line of Natchez District; thence along the said line or the line of the district, eastward, as far as the Chickasaws claimed on the 27th of November, 1782; thence the said boundary eastwardly, shall be the limits allotted to the Choctaws and Cherokees, to have and hunt on, and the land at present in the possession of the Creeks. By a treaty made the 20th of September, 1816, the Chickasaw nation ceded to the United States, with the exception of certain reservations specified in the treaty, all right or title to lands on the north side of the Tennessee River and relinquished all claim to territory on the south side of said river, and east of a line commencing at the mouth of Caney Creek, running up said creek to its source; thence a due south course to the Ridge Path, commonly called Gaines's road; along said road south-west- wardly to a point on the Tombigbee River well known by the name of the Cotton Gin Port, and down the western bank of the Tombigbee to the Choctaw boundary. By a treaty made in 1818, the Chickasaws relinquished their title and claim to all the lands within the bounds of this State, and wholly extinguished and put an end to the same. CHAPTER II. Indian Trailers, 1690 — Abundance of Game — Hunters— Frencli Fortresses — The Koad of the Traders — Treaty witli the Cherokees, 1756 — Fort Loudon Built, 1757 — Fort Chissel, 1758 — One on the North Bank of the Holston — Holston, Wliy so Called — War with tlie Cherokees — Fort Loudon Taken — The Garrison Massacred — Hunters in 1761 — Names Given to the Mountains and Water- courses — Old Furnaces on Clear Creek — Hunters in 1762 — Hunters in 1763 — Hnnters in 1764— Col. Smith, 1760— Keturned in the Fall of 1767— Christian and Anderson Explored the Country, 1768 — Settlements Begun, 1768, 1769 — Scotch Traders — Regulators — James Robertson— Lands Leased of the Indians — Henderson's Purchase, 1775 — Association on Watauga, 1772 — Domestic Gov- ernment — Commissioners — Lease Made by the Cherokees for Eight Years — Lease Made to Brown & Co. — Settlements Enlarged — Parker and Carter — Purchase in Fee by the Lessees — Deed Made by the Indians — A Great Race at Watauga — Indian Killed — Robertson Goes to the Indian Nation and Ap- peases Them — Shawnees, War and Battle — The Part Taken by James Robert- son — Cession of the Indians to Henderson in 1775 — Andrew Greer — Boyd's Creek — British Incite the Cherokees to War, 1776 — War Determined On — Military Officers Appointed on Watauga — Forts Built — Members Elected for the Convention of North Carolina — John Sevier — Battle of the Long Island — Expedition against the Cherokees, under Col. Christian, 1776 — Another, un- der Rutherford, from North Carolina — Another, under Col. Williamson, from South Carolina — Treaty of 1777 Made with the Cherokees — County of Wash- ington Erected in 1777 — Land Office Opened, 1777 — Cry Raised in the Assem- bly of North Carolina against Those Who Had Entered Land in the Wash- ington Office — Indians — Horse Thieves, Measures Taken to Expel Them — James Robertson, Agent to the Cherokees, Gov. Caswell's Instructions to Him — Shelby's Expedition against the Cherokees Commenced April, 1777 — North- ern Boundary Ordered to Be Extended, 1779 — Sullivan County Erected — -Ex- pedition under Sevier in 1779 — Battle on Boyd's Creek — Indians Incited to War by the British in 1780 — Scouting Companies — Bradly and Others Killed — Troops under Shelby Marched to North and South Carolina, 1780, and Others under Sevier — Post on Paccolet Taken — Battle at tiie Cedar Spring — Battle at Musgrove's Mill — Battle of King's Mountain. WHILST Dolierty in 1690, Adair in 1730, and other traders from South Carolina and Virginia, visited and for years together resided in the Cherokee country, carrying on a gainful commerce with the natives, it was discovered that another source of great profit lay within the bosom of the wilderness. The an- cient inhabitants had left signs of their former residence, but they had long since departed. The animals, freed from the pres- (38) Haywood's history of Tennessee. 39 euce of ferocioiTs man, fearless and undisturbed, liad securely propagated, and filled the wilderness with their numerous broods. Their flesh could be exchanged for goods of European manufact- ure; and their skins and furs commanded, in the markets of the European colonists, gold and silver. Frequently, in the course of one season, the industrious hunter would return with packages of peltry enough to bring him $1,600 or $1,700, an immense sum in those days, and sufficient to procure a great portion of the best land, and other property of the country. No Indians then lived on the Holston or Clinch Rivers. But all the waters from the Holston to the head Avaters of the Kentucky and the Cumberland were without a single human inhabitant.. The old maps of the western countries give some insight into- their early circumstances, in the time of the French claim to all the countries between the Mississippi and the Alleghany Mount- ains, south of the lakes of Canada. These old maps lay down the river Holston and call it Cherokee River. The river to the south of it occupies the position which the French Broad does. The river to the south of Holston as laid down in the old maps is called the Tanses or Tanasees. The Big Tennessee, below that, is called the Ho-go-hee-gee. Clinch is not laid down, nor is the Cumberland, but from other sources it is known that the French called the latter the Shauvanon, while the English called it the Shawanoe. The Indians called the Holston the Coot-cla. French forts are represented in these maps as standing, one at the mouth of the Cataway, supposed to be the Kentucky; one on the south of the Ohio, on the bank of the river; another at the mouth of the Oubach, now the Wabash, on the nortli side of the Ohio, on the bank; another near the junction of the Ohio with the Missis- sippi, on the north side of the former; another at the Chicka- saw BlufPs, on the Mississippi, called Prud-home; another near the east bank of Red River, west of the mouth of tlie Arkansas, and west of an old Indian village called Ackensa ; another at the junction of the Coosa and Tallapoosa. The fort was called Hal- abama, as well as the river. An Indian settlement below was called Halabamas. Bear Creek is laid down with numerous In- dian settlements upon it. Fifteen or sixteen miles up the Ten- nessee from its mouth they had another fort; and somewhere upon the head waters of the Tombigbee, a fort called Thoulouse. One of the Indian towns, eastwardly from the present site of 40 Haywood's history of Tennessee. Natchez, is laid down by the name of Mosco. At the month of the Kanawha, on the north-west side of the Ohio, is a fort marked, called Shawnoah; one on the Illinois running into the Mississippi called Fort Creveceur; one on the north-western extremity of Michigan, called Fort Miami; and one about half- way up the Illinois marked Frencli fort. A nation of Indians called the Chevanoes is laid down as settled below the Chero- kees in the country adjacent to where Fort Deposit now stands, on the Tennessee, and southwardly of it, which is supposed to be the people now called the Shawnees, who may have settled there under the auspices of their old friends and allies the Cher- okees, after the expulsion of the Shawnees from the Savannah River. This conjecture is fortified by the circumstance that the French in ancient times called what is now the Cumberland by the name of the Shauvanon, on which the Shawnees were for many years settled. Mr. Yaughan, who lived as late as the year 1801, in the county of Amelia, in Virginia, was employed about the year 1740, as a packman to go to the Cherokee Nation with some Indian traders. The country was then but thinly inhab- ited to the west of Amelia; the last hunter's cabin that he saw was on Otter River, a branch of Staunton, now in Bedford Coun- ty, Virginia. He exactly describes the different prospects of the mountains, the fords of the river, and the Grassy Springs at the present residence of Micajah Lee, now in Hawkins County, in East Tennessee. The trading path from Virginia, as he describes it, proceeded nearly upon the ground that the Buckingham road now runs on, and to the point where it strikes the stage road in Botetourt County ; thence nearly upon the ground which the stage road now occupies, crossing New River at the fort, at English's Ferry, onward to the Seven Mile Ford, on the Holston ; thence on the left of the line, which now forms the stage road, and near the river to the north fork of the Holston, and crossing the same at the ford, where the stage road now crosses it; and thence nearly upon the same ground which the stage road now occupies to Big Creek; thence leaving the ground that the stage road now runs on, and crossing the Holston at what is now called Dodson's Ford, three miles south-east of Rogersville; thence on by the Grassy Springs, the present residence of Micajah Lee, nine miles south- west of Rogersville; thence down the waters of the Nolichucky to the French Broad, and crossing the same below the mouth of Haywood's history of Tennessee. 41 Little Pigeon River; thence up Little Pigeon Eiver to its ford, thence leaving the waters of the Little Pigeon, over some small mountains, to Tuckaleeche Town, on Little River. This was an old path when he first saw it, and he continued to travel upon it, trading with the Indians, until the breaking out of the war be- tween the French and English nations about the year 1754. At the commencement of the French War, and in the year 1755, when Braddock was defeated in his attempt upon Fort Du Quesne, the Cherokees were inimical to the English colonies. Gov. Dobbs, of North Carolina, deputed Capt. Wattle to treat with them, and also with the Catawbas. In 1756 he made a treaty offensive and defensive with Atta Culla CuUa, or the Little Carpenter, in behalf of the Cherokees; he also made a treaty with the Catawbas. The chief of each nation required that a fort should be erected within their respective countries for the defense of their women and children, in case the warriors should be called away against the French and their Indian al- lies. In consequence of their applications, Fort Loudon was built in the year 1757; a garrison was placed in it, and the Indians invited into it artisans, by donations of land, which they caused to be signed by their own chief, and in one instance by Gov. Dobbs, of North Carolina. The Cherokees, as late as the year 1759, carried on war, in conjunction with the Virginians, against the French and such of the Indians as still adhered to their in- terests. After the fall of Fort Du Quesne, in November, 1758, French emissaries from Louisiana were sent to detacli them, if possible, from their connections with the English ; and their as- siduity and address, together with some -displeasure which the Cherokees had taken at the behavior of the Virginians toward them in conducting the war, gave to the nation a strong bias in favor of French propositions. Col. Bird, in 1758, marched with his regiment from Virginia, and built Fort Chissel, and sta- tioned a garrison in it: he also built a fort on the north bank of the Holston, nearly opposite to the upper end of the Long Island. It was situated on a beautiful level, and was built upon a large plan, with proper bastions, and the wall thick enough to stop the force of small cannon-shot. The gates were spiked with large nails, so that the wood was all covered. The army wintered there in the winter of 1758. There were no white settlements on Watauga in 1768. Watauga signifies the River of Islands, 42 Haywood's history of Tennessee. or the Island Eiver. The Holston River was known to the Cher- okees by the name of Watauga. The name was lost, and a new one assumed from the following circumstance. Some years be- fore 1758, one Stephen Holston, a resident of that part of Vir- ginia, which afterward bore the name of Botetourt, in his trav- eling excursions to the south and west, came to the head waters of a considerable rive]-. Allured by its inviting appearance, and by the fertility of the lands on its banks, and the variegated scenery which it presented, as also by the quantity of game which he saw there, he proceeded some distance down the river. When he returned and related to his countrymen what discover- ies he had made, they called the river by his name. There be- ing two forts. Fort Chissel and Fort Loudon, some persons were tempted to make settlements between them, on the AVatauga River, shortly before the breaking out of the Cherokee War. Alienated by the dexterity of French management from their allies, the Virginians, who took no pains to secure a continuance of their esteem, the Cherokees began to show their disinclina- tion to the English colonists in the year 1759. A body of Cher- okees, as well as another of Tuscaroras, had aided the colonists in the reduction of Fort Du Quesue. Some of the Cherokees in this service had lost their horses, and replaced them with oth- ers which they found running in the woods. This the Virginia colonists resented. Indeed, through the whole campaign, the Virginians had treated them very contemptuously. The Virgin- ians, as a nation, though generous, hospitable, humane, brave, and munificent, like many individuals of the same cast, are little inclined to obtain by "condescension and suavity that to which they are entitled by their merits. This sentiment, among those of the lower ranks, degenerates into rudeness. While the French in Louisiana, by their emissaries, were acting toward the In- dians in the most engaging and flattering way, and were plying them with the arts of seduction, the Virginians seized this occa- sion of the taking of the horses as a fit one to be made subservient to the purposes of their hatred. They fell upon the warriors, who were unconscious of any ofPense, murdering some and making prisoners of others. The excessive impolicy of this step soon became very apparent. A storm of indignation raged in the breast of every Cherokee, and burst in acts of vengeance upon the devoted frontiers. Gov. Littleton, of South Carolina, made Haywood's history of Tennessee. 43 preparations to force them into repentance for their deser- tion. He levied a formidable army. They sent commissioners to treat with him; he ordered them into the rear of his army, under guard for their safety, as was pretended. After arriving at the place of destination, they were shut up together in a hut. The Indians agreed that their chiefs should be retained as host- ages until an equal number of those who had slain the inhabit- ants on the frontiers should be given up in exchange for them, and it was further agreed that the Cherokees should seizfe and deliver up every white or red man coming into their country who should endeavor to instigate them to war against the En- glish colonists. The hostages were left prisoners in Fort St. George. No sooner had the army retired than the Cherokees attempted bj^ stratagem the release of the hostages. On the 16th of February, 1760, two Indian women appeared at Keowee, on the other side of the river. Mr. Doherty went out, and accosting them, asked what news? Oconnestota joined them, pretend- ing some matter of business; he drew from the fort several of the officers to converse with him. He requested a Avhite man to go W'ith him as a guide to the Governor, and they promised to give him a guide. He then said he wo aid go and catch his horse, and threw his bridle three times around his head. At this sig- nal twenty-five or thirty muskets were fired upon the officers from different ambuscades. One of them was mortally wound- ed, and the others of them less dangerously. The officer high- est in command in the fort. Ensign Milne, ordered the soldiers to shackle the hostages. They resisted, and killed one man on the spot, whereupon the garrison fell upon and killed every man of the hostages. In the night the fort was attacked, but with- out effect. A bottle of poison was found with one of the dead hostages, probably intended to be dropped into the well; and several tomahawks were found buried in the earth. On the 3d of March, 1760, the Indians, to the number of two hundred, assaulted with musketry the fort at Ninety-six, but made not the least impression; and were obliged to retire with loss, burning and ravaging all the plantations within their reach on the frontiers of South Carolina, North Carolina, and Virgin- ia, and, as usual, committed the most shocking barbarities. Col. Montgomery, with a detachment of regular troops, joined by a number of provincials raised in South Carolina, entered 44 Haywood's history of Tennessee. the Cherokee country and destroyed all their lower towns. The Cherokees met him near the village of Etchoe, and treated him so rudely that, though he claimed the victory, he retreated to Fort St. George, whence he shortly afterward went to New York. The Cherokees, on his departure from the country, in the same year, 1760, invested Fort Loudon. Fort Loudon stood on the north side of the Little Tennessee, and about one mile above the mouth of Tellico, in the center of what then constituted the Cherokee country. They besieged it till the want of provisions compelled the garrison to accept the terms offered to them. These were a safe retreat to the settlements beyond the Blue Eidge. In pursuance of the agreement, the white people, after throwing into the river their cannon, with their small-arms and ammunition, except what was necessary for hunting, broke up the fort, and commenced their march to the settlements in South Carolina. They*were suffered to proceed without molestation about twenty or twenty-two miles, to what is now called Katy Harlin's Keserve. At this place, about day-break, the Indians fell upon and destroyed the whole troop — men, women, and chil- dren — except three men — Jack, Stuart, and Thomas — who were saved by the friendly exertions of the Indian chief called the Little Carpenter ; except, also, six men who were in the advance guard, and who escaped into the white settlements. The sur- render of the fort took place about the 7th of August, 1760. I. Christie, one of the six men who thus escaped, is yet alive, and resides among the Cherokees. It is said that between two and three hundred men, besides women and children, perished in this massacre. The Indians made a fence of their bones, but after the close of the war they were, by the advice of Conostota, king of the Overhill Cherokees, removed and buried for fear of stirring afresh the hostility of the English traders, who began again to visit them. Canada being conquered in 1760, troops could now be spared for the relief of Virginia, North Carolina, and South Carolina, on whose frontiers the Indian war raged in the most terrific forms. Early in June, 1761, Col. Grant, with a strong detachment of regular troops, aided by the South Carolina Provincials and friendly Indians who had joined him, marched from Fort Prince George for the Cherokee towns. Near the battle-ground of the Haywood's history of Tennessee. 45 last year the Indians met and fought him. The action com- menced about eight o'clock in the morning and continued until about eleven, when the Cherokees began to give way. They were pursued, and a scattering fire was kept up for five hours, after which Grant marched to Etchoe and burned it, as he did all the towns in the Middle Settlement. Their houses and their corn-fields were destroyed, and the whole country laid waste. The Cherokees sued for peace, and in the summer of 1761 the war was put to an end by a treaty of peace. In the course of the war the settlements around Fort Loudon, which were the only settlements of white people in what is now the State of Tennessee, were entirely broken up. In the year 1761, as soon as the state of Indian affairs would admit of hunting with safety in the wilderness, certain persons, chiefly of Virginia, hearing of the abundance of game with which the woods were stocked on the Western waters, and al- lured by the prospects of gain which might be drawn from this source, formed themselves into a company composed of Wallen, Scaggs, Blevins, Cox, and fifteen others, and came into the val- ley now called Carter's Valley, in East Tennessee. Part of these men came from Pennsylvania, the greater part from sev- eral counties in Virginia, contiguous to each other. Daniel Boone came from the Yadkin, in North Carolina, at the head of one of these companies, and traveled with them till they came as low as the place where Abingdon now stands, and there left them. Wallen and his associates went through the Mockason Gap, in Clinch Mountain; and established a station on Wallen 's Creek, which runs into Powell's River, now in Lee County, Va. There they hunted eighteen months. They named Powell's Mountain from seeing the name, "Ambrose Powell," inscribed on a tree near the mouth of Wallen's Creek, on Pow- ell's River. From the name given to the mountain they called the river "Powell's River" and the valley "Powell's Valley," names they have ever since retained. They named Clinch River and Clinch Mountain from the following circumstance: An Irishman was one of the company; in crossing the river he fell from the raft into it, and cried out, "Clinch me! clinch me!" meaning, lay hold of me. The rest of the company, unused to the phrase, amused themselves at the expense of the poor Irish- man, and called the river Clinch. They named the Copper 46 Haywood's histoey of Tennessee. Ridge from minerals of copperas appearance, which they found upon it; Newman's Eidge after a man of that name, who was one of the company; Wallen's Kidge from the name of Wallen, one of the company; also Scaggs's Ridge from a person of that name, who was one of the company. They then went through Cumberland Gap, and, wdien there, agreed that Wallen should name the mountain. He, having come from Cumberland County, Ya., gave it the name of Cumberland Mountain. They proceeded to the river now called Cumber- land, and called it North Cumberland. Fourteen miles farther was the Laurel Mountain, where they terminated their journey, having met with a body of Indians whom they supposed to be Shawnees. On the south of Rogersville, toward the southern boundary, is the Paint Mountain, bearing S. 60° W., and the Nolichucky, which runs into the French Broad. The next mountain is Bay's Mountain, in the same direction; next Holston; then Clinch Mountain; next Copper Ridge, Clinch River, Newman's Ridge, Powell's Mountain, and then to Virginia. Cumberland Mouut- ain bears N. 46° E., and between the Laurel Mountain and the Cumberland Mountain the Cumberland River breaks through the latter. At the point where it breaks through in the State of Kentucky, and about ten miles north of the State line, is a creek called Clear Creek, which discharges itself into the Cum- berland River, bearing north-east till it reaches the river. It rises between the Great Laurel Hill and the Cumberland Mount- ain. Its length is about fifteen miles. Not far from its head rises also the South 'Fork of the Cumberland, in the State of Kentucky, and runs westwardly. On Clear Creek are two old furnaces, about half-way between the head and mouth of the creek, which were first discovered by hunters in the time of the first settlements made in this country. These furnaces then exhibited a very ancient appearance. About them were coals and cinders, very unlike iron cinders, as they have no marks of rust, which iron cinders are said uniformly to have in a few years. There are likewise a number of the like furnaces on the South Fork, bearing similar marks, and seeming- ly of a very ancient date. One Swift came to East Tennessee in 1790 and 1791, and was at Bean's Station, on his way to a part of the country near which Haywood's history of Tennessee. 47 tliese furnaces are. He had with him a journal of his former transactions, by which it appeared that in 1761, 1762, and 1763, and afterward in 1767, he, two Frenchmen, and some few others had a furnace somewhere about the Red Bird Fork of the Ken- tiicky Kiver, which runs toward the Cumberland River and Mountain, north-east of the mouth of Clear Creek. He and his associates made silver in large quantities at the last-mentioned furnaces. They got the ore from a cave about three miles from the place where his furnace stood. The Indians becoming troublesome, he went ofp, and the Frenchmen who were with him went toward the place now called Nashville. Swift was de- terred from the prosecution of his last journey by the reports he heard of Indian hostility, and returned home, leaving his journal in the possession of Mrs. Renfro. The furnaces on Clear Creek, and those on the South Fork of the Cumberland, were made either before or since the time when Swift worked his. The walls of these furnaces, and horn buttons of Euro- pean manufacture found in a rock house, prove that Europeans erected them. It is probable, therefore, that the French, when they claimed the country to the Alleghanies in 1754 and prior to that time, and afterward up to 1758, erected these works. A rock house is a cavity beneath a rock jutted out from the side of a mountain, affording a cover from the weather to those who are below it. In one of these was found a furnace and human bones and horn buttons, supposed to have been a part of the dress which had been buried with the body to which the bones belonged. It is probable that the French who were with Swift showed him the place where the ore was. When the regiment, under the command of Col. Bird, marched from Virginia to the West, the frontier settlements of that col- ony was at Fort Lewis, which stood a few miles east of the pres- ent site of Salem, which is now in Botetourt County. Vaux's Fort, higher up the Roanoake, had been then recently taken by the French and Indians, and the company, of which we have been speaking, advanced by degrees, year after year, still farther into the interior. They made their first hunt in the year 1761, in the section of country which is now called the Blevins Set- tlement, in Sullivan County. They then resided on Smith's River, a branch of Dan, dispersed over the country that is now called Patrick and Henry Counties. There were no settlers at 48 HAYWOOD'S HISTORY OF TENNESSEE. that time west of the Bhie Ridge, except a few men who worked at the lead mines. The next fall, which was in 1762, they hunted on the waters of the Clinch. They crossed the Blue Ridge at the Flower Gap, New River at Jones's Ford, and the Iron Mountain at the Blue Spring Gap. They traveled down the south fork of the Holston, and then, crossing the fork of the Holston, and going to the Elk Garden, on the waters of the Clinch, they found some Indian signs. They proceeded in the same direction, crossing Clinch River to the Hunter's Valley, so named from their trav- eling to and down it. They traveled down the valley seven or eight days, about S. 60° W., to Blackwater Creek, which they named. They fixed their station-camp near the road that leads from Rogersville to Jonesville, or Ijee Court-house, in Virginia. There they shot bullets into a tree to try their guns. The spot on Avhich it stands is N. 20° W., nineteen miles from Rogers- ville, and about one mile north of the State line. Some of the company traveled down to Greasy Rock Creek, and fixed a sta- tion there. It stood about where the line now is between Clai- borne and Hawkins Counties. Here the hunters killed a great many bear, and their garments were very much besmeared with grease. At the place Avhere they went to the creek to drink, there is a small rock descending into the water, upon which they were used to lie down and drink. The rock, like their gar- ments, became greasy, and hence the creek took the name of Greasy Rock Creek. In the fall of the year 1763 this same company of hunters, with the exception of one or two who staid at home, went through Cumberland Gap, and hunted for the season on the Cumberland. In the fall of 1764 the Blevins connection made their fall hunt on the Rock Castle River, near the Crab Orchard, in Kentucky, and continued to hunt in the woods there for sev- eral years afterward. Daniel Boone, who then lived on the Yad- kin, came among the hunters to be informed of the geography and locography of tbese woods, saying he was employed to explore them by Henderson & Co. Henry Scaggins was afterward em- ployed by them to explore the country on the banks of the Cum- berland, and fixed his station at Mausco's Lick. About the last of June, 1766, Col. James Smith, late of Bourbon County, in Kentucky, set off to explore the great body of rich lands which Haywood's history of Tennessee. 49 by conversing with the Indians he understood to be between the Ohio and Cherokee Rivers, which the Indians had then lately ceded by treaty, made with Sir William Johnston, to the King of Great Britain. He went in the first place to the Holston River, and thence traveled westwardly, in company with Joshua Hor- ton, Uriah Stone, and William Baker, who came from near Car- lisle — four in all^ — and a mulatto slave about eighteen years of age, which Mr. Horton had with him. They explored the coun- try soutli of Kentucky, and no vestige of any white man was to be found there, more than there now is west of the head waters of the Missouri. They also explored the Cumberland and Ten- nessee Rivers, from Stone's River down to the Ohio. Stone's River is a fourth branch of the Cumberland, and empties into it eight or ten miles above Nashville. These travelers so named it in their journal, after one of themselves, Mr. Uriah Stone; and ever since that time it has retained the name. When they came to the mouth of the Tennessee, Col. Smith concluded to return home, the others to proceed to the Illinois. They led his horse to the Illinois, as it was difficult to travel him through the mountains. They gave to Col. Smith the greater part of their ammunition, which amounted to half a pound of powder and a proportionate quantity of lead. Mr. Horton also left with him the mulatto boy, and Smith set olf with him through the wilder- ness for Carolina. Near a buffalo path they made them a shel- ter; but, fearing the Indians might pass that way and discover his fire-place, he moved to a greater distance from it. After remaining there six weeks he proceeded on his journey, and ar- rived in Carolina in October. He thence traveled to Fort Chis- sell, where he left the mulatto boy at Mr. Horton's negro quar- ters. He thence proceeded to Mr. George Adams's, ou Red Creek, and returned home to Conecocheague in the fall of 1767. Attached to the regiment of Col. Bird, in the time of the French War, were Gilbert Christian and William xlnderson, who were both i3leased with the appearance of the country they had seen, and wished to explore it more carefully after they had re- turned from service. They engaged John Sawyer (now Col. Sawyer), of Knox County, in East Tennessee, to accompany them in this tour through the wilderness. They, in company^ with four others, making seven in all, in the year 1768 left the county of Augusta, in Yirginia, and traveled to the waters of 4 50 Haywood's histoey of Tennessee. the Holston. They traversed the country from the Holston to the Clinch Mountain, and down it. In the month of February, in the year 1769, they crossed the North Fork of the Holston at the same place where the ford now is, above the mouth of the river, and pursued their usual mode of traveling till they came as low as Big Creek, now in Hawkins County, where they found themselves in the hunting-grounds of a large party of Indians. They turned about and went back up the river ten or fifteen miles, and concluded to return home. After th-ey had crossed the north fork, going home, about twen- ty miles above the crossing-place there was a cabin on every spot where the range was good, and where only six weeks before nothing was to be seen but the howling wilderness. When they passed by before, on their outward destination, they found no settlers on the waters of the Holston, save three families on the head springs of the rivers. Thus East Tennessee began to be per- manently settled in the winter of 1768-69. Ten families of these settlers came from the neighborhood of the place where Raleigh now stands, in North Carolina, and settled on the Watauga. This was the first settlement in East Tennessee. Soon after- ward it was augmented by settlers from the hollows in North Carolina and from Virginia. About the years 1768, 1769, 1770, such was the reigning fashion of the times as eminently promoted the emigration of its people from North Carolina. The trade of the country was in the hands of Scotch merchants, who came in shoals to get rich and to get consequence. The people of the country were clothed in the goods they imported, and to be dressed otherwise was scouted as a sign of barbarity and pover- ty. The poor man was treated with disdain, because unable to contribute to their emoluments. He was excluded from their society, unless when he was to be reminded of his insignificance, and to be told with brutal freedom of the low rank which he held. The rich were led into extravagant modes of living, far beyond what their incomes could support. Labor was pro- scribed as fit only for the degraded and vulgar, and every man in the country, of any standing, vied with his neighbor , in the splendor of his appearance, in the expenditures of his family, and in the frivolous amusements with which he passed his time. These traders were taken for a superior class of beings; their dress was imitated, their manners, their amusements, even their Haywood's history of Tennessee. 51 hobbling gait and broad accent. The very women o£ the coun- try believed that there was no dignity but in a connection with them. The Governors of the province were alternately Scotch or English who favored their pretensions. The members of the council were chiefly Scotch, and the members of the As- sembly also. To supply the means for the expensive living w^hich was then fashionable clerks of courts and lawyers de- manded exorbitant fees for their services. The great excellency of a clerk consisted in making out the highest bill of costs, and yet keeping within the pale of the law. All sums over forty shil- lings wei'e sued for and recovered in courts of record. The bus- iness was immense, and the extortions of clerks, lawyers, and tax-gatherers fell w^ith intolerable weight upon the people. Sheriffs, in the collection of taxes, exacted more than was due, and appropriated the surplus to their own use. The offenders were the men in power, who were appointed by the law to re- dress the wrongs of the people. Those who were injured met and petitioned the Legislature for relief, and made representa- tions of the malpractice which they had suffered. Their peti- tions were rejected and treated with disdain. Driven by op- pression to desperation and madness, the people rose in bodies, under the title of "Regulators." The royal forces, under the command of Gov. Tryon, met the "Regulators" near the Great Alardance, on the 16th of May, 1771, and defeated them, killing above two hundred of them on the field of battle. Some of them were taken by the victors and hanged; others took the oath of allegiance, and returned home; others fled to Holston, where the dread of British power, at a subsequent period, made them tories. In these afilicting cir- cumstances it became necessary for men of property to come to the westward in quest of the means to repair the dilapidations of their broken fortunes, and for the poor to go somewhere in search of independence and a share of respectability, absolutely unattainable in the country of their nativity. In the wilderness beyond the mountains they were promised at least exemption from the supercilious annoyance of those who claimed a pre- eminence above them. Under these incentives, full streams of emigration began to flow in various directions from the misgov- erned province of North Carolina. The day of retribution was not far behind, and when it came in the dawn of the revolution. 62 HAYWOOD'S HISTORY OF TENNESSEE. the enraged populace, ever prone to extremes, exhibited many of those models of excellence in match coats of tar and feathers, which frequently they were hardly restrained from decorating with the illumination of liquid flame. Is it meant to applaud such violence? No^ but to hold it in abhorrence. Yet candor is obliged to confess that as in every other misfortune there is some speck of consolation, so also there was one in this: that if the rude fury of the people must fall somewhere, it did not upon this occasion miss the most deserving candidates for popular distinction. When the oath of allegiance to the new State gov- ernment was offered to the people of North Carolina, as a test of distinction between the friends of the new State wdio would take it and its enemies who would not, this whole body of men, with very few exceptions, who had so lately been the tyrants of the country, refused to take the oath and left the United States. Amongst others who had withdrawn from the oppression which they had made fashionable was Daniel Boone, from the Yadkin, who removed in 1769 or 1770; and James Eobertson, from Wake ■ County, in North Carolina, early in 1770, He is the same per- son who will appear hereafter by his actions to have merited all the eulogium, esteem, and affection which the most ardent of his countrymen have ever bestowed upon him. Like almost all those in America who have ascended to eminent celebrity, he had not a noble lineage to boast of, nor the escutcheoned armo- rials of a splendid ancestry. But he had what was far more valuable — a sound mind, a healthy constitution, a robust frame^ a love of virtue, an intrepid soul, and an emulous desire for hon- est fame. He visited the delightful country on the waters of the Holston, to view the new settlements which then began to be formed on the Watauga. When he came to the Watauga, in 1770, he found one Honeycut living in a hut, who furnished him with food for his subsistence. He made a crop this year on the Watauga. On recrossing the mountains he got lost for some time, and, coming to a precipice over which his horse could not be led, he there left him and traveled on foot. His powder was wetted by repeated showers of rain, and was so spoiled that he could not use it for the purpose of procuring game for his food. For fourteen days he wandered without eating, till he was so much reduced and weakened that he began seriously to de- spair of ever returuing to his home again. But there is a prov- Haywood's history of Tennessee. 53 idence which rules over the destinies of men, and preserves them to run the race which is appointed for them. Unpromising as were the expectations of James Robertson at that time, having neither learning, experience, property, nor friends to give him countenance, and with spirits drooping under the pressure of penury and a low estate, yet the God of nature had given him an elevated soul, and planted in it the seeds of virtue, which made him in the midst of discouraging circumstances look forward to better times. He was accidentally met by two hunters, on whom he could not, without much and pressing solicitation, prevail so far as to be permitted to ride on one of their horses. They gave him food, of which he ate sparingly for several days, till both his strength and spirit returned to him. This is the man who, in the sequel of this history, will figure so deservedly as the greatest benefactor of the first settlers of the country. He reached home in safety, and soon afterward returned to the Wa- tauga, with a few others, and there settled. Boone had been there at an earljer period, and was then there also. Robertson and sixteen others, in 1772, entered into a covenant with each other to purchase lands of the Indians, if they cotild do so upon reasonable terms. They did not complete the covenant amongst themselves, which Boone communicated to Henderson, and it eventuated in the formation of a company by Henderson, who actually made a purchase in 1774 and 1775. Some transient persons who had come to the Watauga previ- ously to Robertson, intending to become residents there, were men of bad character; others, again, were men of industrious habits and of honest pursuits, who sought for good lands to re- ward their toils in the tillage of the earth. Soon afterward some arrived who had fled from oppression, in the character of "Reg- ulators;" some came thither who had withdrawn from the de- mands of public justice in their own country, and sought the most remote and inaccessible frontiers that they could find. Afraid of their own government and of the rewards due to their demerits, and unwilling to trust themselves among the savages for fear of the punishment for offenses like those which had driven them from the bosom of civilization, they herded togeth- er in the wilderness, and involuntarily rendered to their country a beneficial service, which in no other way could have been ex- tracted from them. They formed a barrier on the frontier be- 54 Haywood's history of Tennessee. tween tlie savages and the iudustrioiis cultivators of the soil. As society gathered around them in their new situation they again inquired for new frontiers, and established new stations, to be resorted to by a feeble population but just commencing. A part of them, unable to abandon the practice to which long usage had naturalized them, retreated into inaccessible parts of the mount- ains, and there settled for some time in the enjoyment of their darling occupation. When the inhabitants first settled that part of East Tennessee now composing the counties of Sullivan and Hawkins, on the north side of the Holston Eiver, they agreed among themselves to adhere to the government of Virginia, as well for protection against the Indians as against the numerous bands of horse-thieves who infested the frontiers at that early period. It was known, however, as early as the year 1771, from an experiment made by the late Col. Anthony Bledsoe, who was a practical surveyor and extended the boundary line as far west as Beaver Creek, nearly on the same parallel as it was afterward run by the commissioners mutually appointed by both States, that they would fall into the State of North Carolina upon the ex- tension of the boundary line. Those who settled on the south side of the Holston adhered to North Carolina, and lived with- out law or protection except by rules of their own adoption. In 1772 the settlement on the Watauga, being without gov- ernment, formed a written association and articles for their con- duct. They appointed five commissioners, a majority of whom was to decide all matters of controversy, and to govern and di- rect for the common good in other respects. The settlement lived under these articles for some time. James Robertson was one of the five commissioners. He soon became distinguished for sobriety and love of order, and for a firmness of character which qualified him to face danger. He was equally distin- guished for remarkable equanimity and amenity of manners, which rendered him acceptable to all who knew him. Early in 1772 the colony of Virginia held a treaty with the Cherokees, and agreed upon a boundary between them, to run west from the White Top Mountain, in latitude 36° 30'. Soon after this Alexander Cammeron, a deputy agent for the govern- ment of Great Britain, resident among the Cherokees, ordered the Watauga settlers to move off. Some of the Cherokees ex- pressed a wish that they might be permitted to stay if they Haywood's histoky of Tennessee. 55 would make no further encroachments. This avoided the ne- cessity for their removal. The settlers, uneasy at the precarious tenure by which they occupied their lands, desired to obtain a naore permanent title. For this purpose, in the year 1772, they deputed James Robert- son and John Boon to negotiate with the Indians for a lease; and for a certain amount in merchandise, estimated at five or six thousand dollars, muskets, and other articles of convenience, the Cherokees made a lease to them for eight years of all the country on the waters of the Watauga. In the same year Jacob Brown, with one or two families from North Carolina, settled on the Nolichucky River, where, keep- ing a small store of goods, he ingratiated himself with the In- dians; and made with them a contract for lands on the waters- of that river, similar to the former. In both instances the? property advanced to purchase the goods was re-imbursed by selling out the lands leased, in small jjarcels, to individuals for the time the lease was to last. Soon after the arrival of Mr. Robertson on the Watauga some persons settled in Carter's Valley, fourteen or fifteen miles above Mdiere Rogersville now is. All the country was then supposed to be a part of Virginia, and it soon became settled from the WoK Hills, where Abingdon, in Virginia, now is, to Carter's Valley. The river was deemed the boundary between North Carolina and Virginia, Parker and Carter opened a store in the valley, which the Indians robbed. When Henderson's Treaty was held with the Cherokees in 1774, and again in 1775, these merchants came to it, and demanded Carter's Valley as a compensation for the injury they had sustained, to extend from Cloud's Creek to the Chimney Top Mountain, of Beech Creek. The Indians were willing to give the valley, provided an additional price was thrown into the bargain. Parker and Carter agreed to the pro- posal, and took Robert Lucas in as a partner to enable them to advance the additional price. There were at this time three settlements in the country — one at Watauga, and Brown's and Carter's settlements. Parker and Carter leased their lands to job-purchasers; but, when some time afterward, it began to be suspected that the lands lay in North Carolina, and not in Vir- ginia, the purchasers refused to hold under them, and drove them off. Prior to this time persons immigrating to Natchez 56 Haywood's history of Tennessee. frequently stopped at the Holston for a year or two, cleared land, and made crops of corn, and disposed of tlie crops and of the lands on which they were made to Parker and Carter. Such improvements were understood by the law of Virginia to entitle the improvers, or their assignees, to the right of preemption. These rights fell to the ground the moment it was discovered that the lands lay in North Carolina. Parker and Carter, after making the purchases, usually sold to other immigrants who had come to reside permanently in the county, demanding a price for the lands and for the improvements, which conferred the right of pre-emption. When Henderson held the treaty with the Indians those who were seated on lands leased by the Indians purchased them, and paid the Indians for them. Their deed was made to Black Charles Robertson, in behalf of the Watauga settlers. Jacob Brown also purchased a tract of laud of the Indians, beginning at the Chimney Top, thence to Camp Creek, and to the bound- ary (afterward called Brown's) line, which, in 1778, was spec- ified in an act of the Legislature of North Carolina as the bound- ary between the Indians and white people. After the lease made by the Indians of lands on the Watauga a great race was agreed to be run there, at which, on the ap- pointed day, were numbers of persons from all the adjacent country. Amongst them were some Indians, drawn to the spot by the same curiosity which collected others there. Certain persons of the name of Crabtree, as was afterward suspected, came from the section of country in Virginia, above the Wolf Hills (now Abingdon), and lurked in the environs of the place where the race was run; and in the evening, selecting a fit op- portunity, fell upon and killed one of tke Indians, an act of great heroism in that daj^ of barbarous habits, when the unin- structed white man knew no other rule for the government of his actions but the approbation or condemnation of vulgar opin- ion and prejudice. The inhabitants were greatly alarmed at this rash act, as it immediately endangered their repose, and ex- posed them to the retaliating resentment of the savages in their neighborhood. In this state of alarm and danger James Rob- ertson undertook a journey to the Indian Nation to pacify them, and allay the irritation which this imprudent act had provoked. The attempt was full of hazard, and required much intrepidity. Haywood's history of Tennessee. 57 as well as affection for the people, in him who engaged in it. Mr. Kobertson, however, did engage in it, and succeeded. He proceeded directly to the Cherokee towns, and stated to the chiefs and peojile that the settlers upon the Watauga viewed the horrid deed which had been perpetrated with the deepest concern for their own character; and with the keenest indigna- tion against the offenders, whom they meant to punish as he deserved whenever they could be discovered. The Indians were appeased by this instance of condescension in the white people, and of the discountenance which they gave to the miscreant. The settlers were saved from their fury, and Robertson began to be looked upon as an intrepid soldier, a lover of his country- men, and a man of uncommon address in devising means of ex- trication from difficulties. In the year 1774 the Shawnees and other hostile tribes north of the Ohio commenced hostilities and penetrated as far south as the section of country now called Sullivan County, in East Tennessee. In the month of July of this year it was announced that Lord Dunmore, the Governor of Virginia, had ordered an expedition against those Indians under the command of Col. Andrew Lewis. Capt. Evan Sehlby raised a company of more than fifty men, in Avhat are now Carter and Sullivan Counties, composed in part of the Robertsons and Seviers. They marched on the 17th of August, and joined Col. Christian on New River; and then proceeded to the Great Levels of the Greenbrier, where they joined Col. Lewis's army about the 1st of September. They then proceeded by slow marches, and arrived at the mouth of the Great Kanawha on the 6th of October, where the army lay apparently in a state of perfect security until the morning of the 10th of that month, when James Robertson (afterward Gen. Robertson) and Valentine Sevier (afterward Col. Sevier), both of them sergeants at that time, went out of camp before day to shoot a deer, and very unexpectedly met the Indians half a mile from camp, advancing toward the provincials in a line from the Ohio back to the hills, a distance of half a mile. They were on the extreme left of the enemy, and fired on them at the distance of ten steps. As it was yet too dark to see a man distinctly at that distance, it caused a general halt of the enemy, while Rob- ertson and Sevier ran into camp and gave the alarm. Three hundred men were instantly ordered out to meet them — 150 58 Haywood's histoky of Tennessee. under Col. Charles Lewis, to the right, and 150 under Col. William Fleming, to the left, up the bank of the Ohio. They had scarcely progressed out of sight of the sentinels when they met the enemy, and a most furious action commenced. The provincials were re-enforced from camp, and the battle lasted nearly the whole day. The enemy was composed of Shawnees, Delawares, Mingoes, and others, and had to the number of eight hundred men. The provincials kept the field; their loss in killed and wounded beiug one hundred and sixty. The killed and wounded of the enemy were about the same number. Thus it has happened that East Tennessee, in the earliest stages of her infancy, has been called on to contribute all in her power to the common defense, and seems to have been made much less for herself than for the protection of her neighbors. It fell upon this occasion to the lot of men from East Tennessee to make an unexpected discovery of the enemy, and by that means to save from destruction the whole army of the provin- cials, for it was the design of the enemy to have attacked them at the dawn of day, and to have forced all whom they could not kill into the junction of the two rivers. The first Congress of the United Colonies was sitting in Philadelphia at the time this battle was fought. It had the happy effect of quelling the In- dians till the year 1776. Cornstalk, a chief of the Shawnees, commanded the combined army of Indians on that day, and on the whole of that day exhibited prodigies of valor; in whatever part of the army his voice was heard from thence immediately issued a thick and deadly fire. In April, 1775, the treaty of Henderson with the Cherokees was brought to a conclusion, and the cession was made which has already been described. Upon this occasion, and before the Indians had finally concluded to make the cession, one of the Cherokee orators, said to have been Oconostota, rose and deliv- ered a very animated and pathetic speech. He began with the very flourishing state in which his nation once was, and spoke of the encroachments of the white people, from time to time, upon the retiring and expiring nations of Indians who left their homes and the seats of their ancestors to gratify the insatiable desire of the white people for more land. Whole nations had melted away in their presence like balls of snow before the sun, and had scarcely left their names behind, except as imperfectly HAYWOOD'S HISTORY OF TENNESSEE. 59 recorded by their enemies and destroyers. It was once hoped that they would not be willing to travel beyond the monntaius, so far from the ocean, on which their commerce was carried on, and their connections maintained with the nations of Europe. But now that fallacious hope had vanished; they had passed the mountains, and settled upon the Cherokee lands, and wished to have their usurpations sanctioned by the confirmation of a treaty. When that should be obtained the same encroaching spirit would lead them upon other lands of the Cherokees. New cessions would be applied for, and finally the country which the Cherokees and their forefathers had so long occupied would be called for; and a small remnant which may then exist of this nation, once so great and formidable, will be compelled to seek a retreat in some far distant wilderness, there to dwell but a short space of time before they would again behold the advancing banners of the same greedy host; who, not being able to point out any further retreat for the miserable Cherokees, would then proclaim the extinction of the whole race. He ended with a strong exhorta- tion to run all risks and to incur all consequences, rather than submit to any further dilacerations of their territory. But he did not prevail, and the cession was made. In 1775, in the month of November, the people of the Wa- tauga still lived under a government of their own appointment. Their committee settled all private controversies, and had a clerk (Felix Walker), now or lately a member of Congress from North Carolina. They had also a sheriff. Their committee had stated and regular times for holding their sessions, and took the laws of Virginia for the standard of decision. In 1775 Mr. Joseph Greer came to the settlement. After the conclusion of the treaty which Henderson and company made with the Cherokees in April, 1775, Mr. Andrew Greer, father of Joseph Greer, went to the Cherokee Nation and purchased furs. There he watched the conduct of Walker and another white trader, and was convinced that they intended some mischief should be done to him. As he returned with his furs, and came to a creek which is now called Boyd's Creek, he left the main trading path and came up the Nolichucky trace. Two persons from Virginia, sent by the government or some of its military officers (Boyd and Doggett), as they traveled on the path that Greer left were met by Indians at the creek, and were killed by 60 HAY^Y00D'S HISTORY OF TENNESSEE. them and hid in the creek. Hence the name of Boyd's Creek. Thus the rising ill-will of the Cherokees began to make itself apparent. A part of the measures of the British government, adopted for the subjection of America in the year 1776, was to arm all the adjacent Indian tribes, and to excite them to hostil- ities — a people whose mode of warfare was the destruction of all ages and sexes. "This infernal malignity," says a paper com- posed at the time by Col. Arthur Campbell, "of a professed Christian prince was reserved to be exhibited to the world in the reign of George III." The instructions of the British War Department reached the superintendent, John Stuart, early in the spring of this year. He had previously fled from his residence in South Carolina, and taken refuge in Florida, whence he dispatched orders to his deputy agents, resident with the different Southern tribes. Al- exander Cammeron, formerly a highland officer, who had fought in the late war for America, was at this time agent for the Cher- okee Nation. After receiving his instructions, he lost no time in calling together the chiefs and warriors, and made known to them the designs of his government. This was a phenomenon to the Indians, and it was with difficulty that they could be brought to believe that the quarrel was real, or that a part of the same people would be armed to destroy the other, a civil war being unknown among Indians who speak the same lan- guage. Besides, the Americans had friends in the towns, who endeavored to counteract the agent and gain time, that the front- ier inhabitants might be apprised of their danger. Eventually Cammeron was successful in gaining a majority of the chiefs and warriors to the British interests, by promises of large pres- ents in clothing, the plunder of the conquered country, and that i:)art of it which was on the Western waters to be reserved for their hunting-grounds. This formidable invasion was rendered much less destructive than was intended by the address and humanity of another Po- cahontas (Nancy Ward), who was nearly allied to some of the principal chiefs, obtained their plan of attack, and without de- lay communicated it to Isaac Thomas, her friend and a true American. She procured him the means to set out to the inhab- itants of Holston, as an express to warn them of their danger, which he opportunely did; and proceeded without delay to the Haywood's histoey of Tennessee. 61 Committee of Safety, in Virginia, accompanied by William Tal- lin as far as the Holston settlements. At this early period of the Kevolution the executive authority of Virginia was a feeble body. Unfortunately, there was not an experienced military character among them. They took some notice of the messenger, and the convention, being then in ses- sion, aided in forming measures to defend the country from in- vasion. Brown's Settlement was in part composed of tories. Of this circumstance he had given timely notice to Carter, who applied for aid to the settlements in Virginia, at the Wolf Hills, where Abingdon now stands. A body of men came from thence immediately to Brown's Settlement, and called the inhabitants together, who came readily, not knowing what was intended, and there administered to all of them an oath to be faithful to the common cause. After this Browm's people and those of the Wa- tauga were considered as one united settlement, and appointed all their officers as belonging to the same body. They appoint- ed Brown and Carter to be colonels, and Jacob Wommack a major. They built a fort at Gillespy's, and placed a garrison in it just above the mouth of Big Limestone. Upon the movement of the Indians afterward toward the settlements, that fort was broken up, and the inhabitants who lived in it retired to Wa- tauga. The Wommack Fort was built about the latter part of July, 1776, east of the Holston, ten or twelve miles above the mouth of the Watauga. The Virginians built a fort at Heaton's Sta- tion. Evan Shelby erected one on Beaver Creek, two miles south of the State line. John Shelby, his brother, built a fort whilst he lived on the Holston, east of Wommack's three or four miles. The united settlements elected John Sevier, Carter, Wom- mack, and John Hill as their representatives, and sent them to the convention at Halifax. They were received, and sat as members of the convention which established the District of Washington. Capt. Sevier was endowed by nature with those rare qual- ities which make the possessor in all places and with all people an object of attention and a depository of their confidenjce — qualities which cannot be learned, and which cannot be kept from observation. Whilst a resident of Virginia, in the year 62 Haywood's history of Tennessee, 1774, the Earl of Dunmore, then Governor of Virginia, appoint- ed him captain of a militia company in the county of Dunmore. On the 24tli of December, 1777, Governor Caswell, of North Carolina, gave him a commission of Lieutenant-colonel of the Washington Regiment of Militia, under the command of Col. John Carter. The Long Island of the Holston is about three miles in length in the main Holston River, just above the point where the North Fork joins it. In the fork between the two rivers, and about five or six miles above the junction, stood Heaton's Station. Just above the islands were flat lands, with a few bushes and saplings, but otherwise open, lying between the two rivers. The substance of the intelligence which the inhabitants of Holston received from Thomas and Fallin was that a body of seven hundred Indians had assembled, and had divided them- selves into two parties — one destined by way of the mountains, on a circuitous road, to fall on the settlements of Watauga and above; the other, a body of three hundred and fifty men, com- manded by Dragging Canoe, was ordered to break up the set- tlements in the fork and above, and thence to proceed north- wardly into Virginia. Alarmed by this information, and for the fate of the unprotected inhabitants, five small companies, raised chiefly in Virginia, assembled under their respective cap- tains, the eldest of whom in the commission was Capt. Thomp- son. They marched to Heaton's Station, where a fort had been built, by the advice of Capt. William Cocke, in front of the set- tlement, and there halted, as well to protect the people in the station as to procure information, by their spies and scouts, of the position of the enemy, of their numbers, and of their de_ signs, if possible. In a day or two it was ascertained that the Indians, in a body of three or four hundred, were actually on their march toward the Fork. A council was immediately held to determine whether it was most advisable to await in the fort the arrival of the Indians, with the expectation that they would come and attack it; or to march out in search of them, and fight them wherever they could be found. It was urged in council by Capt. Cocke that the Indians would not attack them in the station, inclosed in their block-houses, but would pass by them and fall upon the settlements in small parties ; and that, for want of protection, the greater part of the women and children in the HAYWOOD'S HISTORY OF TENNESSEE. 63 settlements would be massacred. This argument decided the controversy, and it was determined to march out and meet them. The corps, consisting of one hundred and seventy men, marched from the station and took their course down toward the Long Island, with an advance of about twelve men in front. When they reached what are called the Island Flats, the advance- guard discovered a small party of Indians coming along the road meeting them, and immediately fired upon them. The In- dians fled, and the white people pursued for some time, but did not meet the enemy. A halt was then made, and the men were formed in a line. A council was held by the officers, in which it was concluded that probably they would not be able to meet the enemy again that day; and, as evening was drawing near, that it was most prudent to return to the fort. Whilst the line was thus formed, some persons make a remark unfavorable to one of the captains on the score of his personal firmness. He soon heard of it; and the corps having commenced its returning march in the same order as they had marched forward, the cap- tain whom the remark implicated, being at the head of the right line, after going a short distance, halted, and addressed the troops in defense of himself against the imputation. The whole body collected into a crowd to hear him. After the address was over the offended captain took the head of his line, marching on the road that leads to the station. But before all the troops had fallen into the ranks, and left the place where they had halted, it was announced that the Indians were advancing in order of battle in their rear. Capt. Thompson, the senior offi- cer, who, on the returning march, was at the head of the left line, ordered the right line to form for battle to the right, and the line which he headed to the left, and to face the enemy. In attempting to form the line, the head of the right seemed to bear too much along the road leading to the station; and the part of the line farther back, perceiving that the Indians were endeavoring to outflank them, were drawn off by Lieut. Eobert Davis as quickly as possible and formed on the right, across the flat to a ridge, and prevented them from getting around the flank. This movement of Lieut. Davis cut off a part of the right line, which had kept too far along the road. Some of them, however, when the firing began, returned to the main body, which was drawn up in order of battle, and a few of them 64 hayavood's history of Tennessee. kept on to the station. The greater part of the officers, and not a few of the privates, gave heroic examples to cause the men to face about and give battle. Of the latter Robert Edmiston and John Morrison made conspicuous exertions. They advanced some paces toward the enemy, and began the battle by shooting down the foremost of them. The battle then became general. The most valiant of our people had to expose themselves almost in close quarters with the Indians to induce those men who had run too far to come toward the front and assist their comrades, and before the close of the action they generally did so. The Indians began the attack with great fury, as if certain of victory, the foremost hallooing, " The Unacas are running; come on and scalp them." Their first eifort was to breakthrough the center of our line, and to turn the left flank at the same instant. In both they failed of success by the well-directed fire of our ri- flemen. Several of their chief warriors fell, and at length their commander was dangerously wounded. This decided the con- test. The enemy immediately betook themselves to flight, leav- ing twenty-six of their boldest warriors dead on the field of battle. The blood of the wounded could be traced in great profusion in the direction of the enemy's retreat. Our men pursued in a cau- tious manner, lest tJiey might be led into an ambuscade, hardly crediting their own senses that so numerous a foe was completely routed. In this miracle of a battle we had not a man killed, and only five wounded, who all recovered. But the wounded of the enemy died till the whole loss in killed amounted to upward of forty. The battle lasted not more than ten minutes after the line was completely formed and engaged, before the Indians be- gan to retreat; but they continued to fight awhile in that way to get the wounded ofl" the ground. The firing during the time of the action, particularly on the side of the white people, was very lively and well directed. This battle was fought in the month of July, 1776. The consequences of victory were of some impor- tance to the Western inhabitants, otherwise than the destroying of a number of their influential and most vindictive enemies, and lessening the hostile spirit of the Cherokees. It induced a concord and union of principle to resist the tyranny of the Brit- ish Government. It attracted the favor and attention of the new commonwealth. It inspired military ideas and a contempt of danger from our savage enemies. The inquiry afterward,^ Haywood's history of Tennessee. 65 when in search of Indians, was not, "How many of them are there?" but, "Where are they to be found?" This spirit was kept up, and displayed itself on several important occasions dur- ing the war. On the same day that the battle was fought at the Flats, an- other body of Cherokees, who came up the Nolichucky under the command of Old Abraham, of Chilhowee, attacked the fort at Watauga, in wdiich were James Robertson (who commanded), Capt. Sevier, Greer, and others — forty in all. In the morning at sunrise they made the attack, and were repulsed by the fire from the fort with some loss. From that time they skulked around the fort for three weeks, till a party from Virginia came to the relief of the garrison. At Watauga the Indians took Mrs. Bean prisoner. Those who were pent up in the fort sent couriers to inform those at Heaton's Station of the dangers that encom- passed them. Col. Russell was ordered, with five companies of militia, to go to their assistance. But he was so dilatory, and the circumstances so pressing, that Col. Shelby, raising about one hundred men, went with them over to Watauga, where they found the inhabitants very secure in their fort, the Indians hav- ing retreated. In the interim Col. Russell arrived at Shelby's Station, and held a council of war to determine whether they should go to Watauga or the lower frontiers. A majority de- cided in favor of going to Watauga. During the time they were about the fort the Indians killed James Cooper and son and a man by the name of Tucker. They made captive a boy by the name of Moore, whom they }«d to one of their towns and burned. About the same time they ran up to Wommack's fort, and killed a man. A third body of Indians, commanded by The Raven, came up Carter's Valley. Finding the people alarmed and shut up in forts, they retreated, and went home. No force was opposed to a party of Indians which came up the Clinch. They destroyed and bore down all before them. Dividing themselves into small squadrons, they visited with fire and the tomahawk the whole country, from the lower end of what is now Sullivan County to the Seven Mile Ford in Virginia. The inhabitants were all shut up in forts, and massacres were committed every day. The government of Vir- ginia, indignant at aggressions so unprovoked and so offensive, soon acted in a manner suitable to her exalted sense of national 5 66 Haywood's history of Tennessee. honor. Col. William Christian was ordered to raise men, and to march them into the heart of the Cherokee settlements. The place of rendezvous was the Great Island of the Holston. This service was entered upon with the greatest alacrity, and so active were the exertions of the officers and men that several companies were at the Long Island of the Holston by the 1st of August. This movement drove the enemy from the settlements. By the last of August Col. Williams and Maj. Joseph Winston, from North Carolina, joined the Virginians with three or four hundred men. The whole army soon took up the line of march for the Chero- kee towns. Crossing the Holston at the Great Islands, they en- camped at the Double Springs, on the head waters of Lick Creek, about eight miles from the Great Island. There the army remained several days. It was joined by troops from Wa- tauga, below the Double Licks on Lick Creek, five or six miles be- low the head of the creek. The commanding officer sent off six- teen spi&s to go to the crossing of the French Broad River, the Indians having boasted that they would stop the army at the mouth of Lick Creek. There was a pass for the army through a canebrake and swampy ground for one mile. The army marched, nevertheless, and encamped on the other side. The baggage and bullocks did not get through till midnight. Alex- ander Harlin came that night to the army, and informed Col. Christian that a body of three thousand warriors lay encamped on the French Broad River, and would certainly there dispute his passage. He was ordered into camp with the spies. In the morning, every thing being ready for marching, the colonel called Harlin, and told him to inform the Indians that he (Col. Christian) would cross the French Broad and Tennessee both before he stopped. The army consisted of eighteen hundred men, including pack-horse men and bullock drivers, all armed. The troops marched to the French Broad, set the pioneers to work, and kindled large fires. Some time in the night a detach- ment of eleven hundred men crossed the river three miles below the encampment. The weather was cold, and the troops in cross- ing, getting wet, suffered considerably. The next morning the main body crossed the French Broad River, near the Big Island. They marched in order of battle, supposing that the enemy were now between the main body and the detachment in their rear. To the great surprise of the army, there were no marks of the HAYWOOD'S HISTORY OF TENNESSEE. 67 Indians having been there for several vreeks. The army halted here that day, and on the next, in the morning, resumed its march for the Tennessee. It crossed the Tennessee near Tellico Block-house. When the troops came within seven miles of the Tennessee, the colonel called to the reserve companies to follow him in a run till they came to the river; and, pushing through, they took possession of a town called Tamotlee. The army and baggage and all that belonged to the army got safely over before night. The next morning they marched to the Great Island Town, and tarried there nineteen or twenty days. In that time the Indians sued for peace, and it was granted; but not to take place till the month of May following. Hostilities were to cease in the meantime on both sides, except as to two towns on the Tennessee, in the mountains, which had burned a prisoner. The troops, before the suspension of hostilities, burned Neowee, Tel- lico, and Chilhowee; and they then burned the excepted town, Tuskega, where the Indians had lately burned the boy by the name of Moore they had taken at Watauga. The other except- ed town was reduced to ashes. The army then marched to Chota, and, recrossing the Tennessee at the Virginia Ford, returned. About the same time Brig.-Gen. Rutherford, with an army raised in the district of Salisbury, in North Carolina, consisting of twenty-four hundred men, passed the French Broad at the mouth of the Swannanoe, and thence penetrated by a road since distinguished as Rutherford's Trace into the Middle Settle- ments and valley towns. He destroyed thirty-six towns and vil- lages, cut up and wasted the standing and gathered corn, and drove off and destroyed all the flocks of domestic animals that could be found. At the same time a third division, commanded by Col. Williamson, from South Carolina, and consisting of a powerful force, penetrated the settlements bordering on the Keowee, and destroyed the Seneca towns, at that time very nu- merous; wasting the Cherokee country as far as the Unaca Mountain, sparing or razing towns at his will. A fourth divis- ion, under the command of Col. Leonard McBury, entered the settlements on the Tugulo, and, having defeated the Indians, destroyed all their towns on the river. The Indians were not all of them sincerely willing to be at peace ; parts of the nation were in very ill humor, and greatly excited the apprehensions of their neighbors. 68 Haywood's histoey of Tennessee. On the 31st of March, 1777, Col. Arthiir Campbell, at Fort Patrick Henry, directed Capt. Robertson, on account of the weakness of the settlements below the fort, and on account of the danger to which they might soon be exposed, to assemble the settlers in one or two places, and not more; and he recom- mended Rice's and Patten's mills as the most proper ones. "Let your company be at Rice's," said he, "and Capt. Christian may come to the other mill." He requested a list of the set- tlers' names, that he might know their strength and give such further orders as should be necessary. These orders Capt. Rob- ertson received soon after his return from Wake County, in North Carolina, whither he had gone in the winter of 1776-77, to adjust his unsettled business there, and to receive from Col. Michael Rogers, as guardian of his brother Mark, the legacies and personal estate which he was entitled to under the will of their father. Col. Campbell held his commission under the State of Virginia, and he assumed the command of the Watauga settlements because at that time he supposed them to be within the limits of Virginia. In May, 1777, at the Long Island of the Holston, a treaty was held with the Indians by commissioners on the part of North Carolina and Virginia — on the part of North Carolina, Waight- still Avery, Joseph Winston, and Robert Lanier; and on the part of Virginia, Col. Preston, Col. Christian, and Col. Evan Shelby. They established Brown's line as the boundary between the Indians and white people, which in 1778 was inserted as such in an act of the General Assembly of North Carolina passed in this year. They transmitted the treaty to the fall session of 1777, though no record was made of it, nor any formal ratifica- tion; but the boundaries were secured to and recognized in the public act aforesaid, as established by treaty. Several mas- sacres having been committed by the Indians during the sus- pension of hostilities, the commissioners accused them of the perpetration of these acts and reproached them with a breach of faith. They laid them to the charge of the Chickamaugas, the name by which those Cherokees have been called who set- tled on the creek of that name, with "Dragging Canoe" refus- ing to accept peace on the terms which Col. Christian had of- fered. The treaty, proceeded, however, and the Indians resigned their lands as far as to the mouth of Cloud's Creek. The com- Haywood's history of Tennessee. 69 missioners agreed to give them two hundred cows and calves and a large number of sheep, which, at the request of the In- dians, were exchanged for goods; and the articles of the treaty were accommodated to the exchange. Tlie Virginia commis- sioners signed the treaty, but those from North Carolina refused to do so, no doubt believing at the time that the greater part of the settlements were in Virginia. The delivery of the goods and cattle was of course made by the government of Virginia. In the month of April, 1777, the Assembly of North Carolina passed an act for the encouragement of the militia and volun- teers in prosecuting the remnant of the war with that part of the Cherokees which yet kept up hostilities. At the same time they passed an act for the establishment of courts of pleas and quarter sessions, and also for appointing and commissioning justices of the peace and sheriffs for the several courts in the district of Washington, in this State. In the month of November, of the year 1777, the Assembly of North Carolina erected the district of Washington into a county, giving it the same boundaries as had been assigned to the district of Washington : "Beginning at the north-westwardly point of the county of Wilkes, on the Virginia line; thence with the line of Wilkes County to a point twenty-six miles south of the Virginia line; thence due west to the ridge of the Great Iron Mountain, which heretofore divided the hunting-grounds of the Overhill Cherokees from those of the Middle Settlements and valley; thence running a southwardly course along the side ridge to the Unaca Mountain, where the trading path crosses the same from the valley to the Overhills; thence south with the line of this State, adjoining the State of South Carolina; thence due west to the great river Mississippi; thence up the same riv- er to a point due west from the beginning." They also, at the same session, appointed commissioners to lay off and mark a road from the court-house in the county of Washington through the mountains into the county of Burke. At the same time the land office was opened, amongst others, for the county of Wash- ington, at the rate of forty shillings per hundred acres. Each head of a family was permitted to take up six hundred and forty acres himself, and one hundred acres for his wife and each of his children. The law was so worded as not to oblige the Watauga people to enter and pay for their occupancies till January, 1779; 70 Haywood's history of Tennessee. and then for any surplus entered above the quantity before men- tioned the purchaser was required to pay £5 per hundred acres. Great numbers of persons came to Holston from the eastern parts of North Carolina to enter land. Those who had made locations would not sell them, and the entries coiild not be made without them. The militia of Washington were all in the service of the State, under the provisions of the law just mentioned "for encourag- ing the militia and volunteers to prosecute the war against the Indians," and they continued in service the greater part of the year. By their pay they were enabled, when the land office was opened, to purchase the lands which they wished to secure. The land jobbers from below could only obtain a few locations from the Indian traders, and returned home exceedingly dis- pleased. Their clamors were sonorous and grievous, and com- municated to the Assembly the feelings of the complainants. They, in April, 1778, declared void all entries of land which had been made in the counties of Burke and Washington, within the Indian boundaries, and ordered the entry-takers for those coun- ties to refund to the jjroi^er persons all moneys by them received for such entries. The outcry which the disappointed land job- bers made was loud and vehement against those who had entered lands in the county of Washington, charging them with having covered the Indian towns with their entries in numerous instances, and with an exclusive connection formed between them and some of the most influential characters of that day in the interior. The Assembly, in this crisis of fermentation, recollected -the Long Isl- and treaty of 1777, recurred to it, and included it in one of their acts, to show where was the Indian boundary which should not be transcended. It is not intended to censure their conduct on this occasion, but here is a proper opportunity offered for a remark which ought not to be omitted. Public legislative bodies are eas_ ily excited by misrepresentations, which are sometimes artfully fabricated with design to precipitate them into rash measures, and thus to accomplish the purposes of the contriver. When there is no other branch of the government to curb their excess- es, it behooves a member of prudence to moderate his temper, and to delay the ultimate decision as long as possible, in order to give time for passion to subside and reason to resume her place. He who learns thus to act with dexterity has acquired a Haywood's histoey of Tennessee. 71 very essential part of that learning which qualifies for the per- formance of legislative duties. Through the year 1777 scouting parties of Indians upon the frontiers occasionally killed and plundered the inhabitants, and were pursued by the rangers on the frontiers who were placed there by the government to scour them, and to pursue and dis- perse small companies of ill-disposed Indians who might be found hovering on the borders of the settlements. So well were the frontiers guarded by the militia kept in actual service by the State of North Carolina that the Indians for some time consid- ered their incursions as perilous to themselves as they could be to the white inhabitants, and for a great part of the year 1778 forbore to make them. But in this year, a part of the militia being disbanded and their vigilance relaxed, Indian depredations and massacres soon recommenced, and in addition to the evils which they inflicted the horse-thieves and tories had become so numerous that they did not scruple to boast of their superior strength, and to threaten destruction to every one who should oppose them. The better disposed part of the community met and chose a committee to take such measures as they might think proper to suppress the lawless band. The committee met in November, and appointed two companies of thirty men each to patrol the whole country, and to put to death every suspicious character who attempted to oppose them and should refuse to give security for his appearance before the next committee in December. Six or seven leaders of the horse-thieves were shot, and others bound over to appear before the committee, who fined some heavily, acccording to their crimes, and ordered others who were unable to pay to receive corporal punishment in the same proportion. By these measures the country in less than two months was placed in a state of quietude and safety, and those severe punishments ceased entirely. All those tories joined the enemy's standard as soon as he approached the mountains, and the country became happily freed from their presence. Gov. Caswell calculated that when the militia were withdrawn the Indians might be kept in peace by the good offices of the Superintendent of Indian Affairs. To that end, on the 16th of October, 1778, he transmitted his written instructions to Capt.. Robertson, stating to him that, in pursuance of a resolution by the General Assembly, the Governor had made a talk for 72 Haywood's history of Tennessee. "Raven of Chota" and his nation, to be delivered, according to the resolution, by Col. McDowell and Maj. Robertson. He ac- knowledged the receipt of a former letter from Capt. Robert- son, with the talk of Savanuca. "Let him know," said he, "that I am pleased with it, and wish to keep up a friendly correspond- ence with him; that I shall use every means in my power to keep the peace between us free from the least breach, and that ade- quate punishment shall be inflicted on all offenders against it. If any of their people be kept in captivity by our people, I shall be glad to be informed where they shall be restored." The Governor further informed Capt. Robertson that the resolution before mentioned had also directed that Capt. Robertson, as su- perintendent, in order to render that service to the State which was expected, should reside in the Cherokee Nation during his continuance in office. Early in the year 1779 "Dragging Canoe" and his party at Chickamauga had become very numerous and composed a banditti of more than one thousand warriors, collected from al- most every hostile tribe on the waters of the Ohio and from the Chickamauga. They committed more depredations on the front- iers from Georgia to Pennsylvania than all other hostile tribes of Indians together; so that the two governments of North Caro- lina and Virginia in conjunction ordered a strong expedition against them, under the command of Col. Evan Shelby, of one thousand men, composed of militia from the two States, and a regiment of twelve months' men, under the command of Col. John Montgomery, destined to re-enforce Gen. Clarke at the Illi- nois, who had taken possession of that place the fall preceding. At this period the two governments were much straitened in their resources, on account of the existing War of the Revolu- tion, and were unable to make any advances for supplies or furnish transportation necessary for this campaign. All these were procured by thQ indefatigable exertions and on the individ- ual responsibility of Isaac Shelby. The army rendezvoused at the mouth of Big Creek, about four miles above where Rogers- ville, in Hawkins County, now stands, and embarked in pirogues and canoes, about the 10th of April, from that place. The troops descended so rapidly as completely to surprise the enemy, who fled in all directions to the hills and mountains without giving battle. The whites pursued, and hunted them in the woods and Haywood's history of Tennessee. 73 killed upward o£ forty of them, burned their towns, and de- stroyed their corn and every article of provision, and drove away their great stocks of cattle. This event happened at the time when Gen. Clarke captured the British Governor, Hamilton, and his suite at Vincennes, to w^hich place he had advanced from De- troit, with the avowed intention of forming a grand coalition be- tween all the Southern and Northern tribes of Indians, to be aided by British regulars, who were to advance as soon as the season opened for active movements, and were to drive all the settlers from the Western waters. But the two occurrences last men- tioned gave peace to the Western settlements during the sum- mer and fall of that year. And during this interval such a current of population poured into Kentucky and into the settle- ments on the Holston as gave a permanency to the establish- ments in the two countries which no efforts of the Indians and British could ever break up. This service being performed, Evan Shelby ordered the troops to return home, marching on foot by land. They were in great want of provisions, which could only be procured by hunting and killing game. As they returned a part of them came by the place now called the Post Oak Springs, in Roane County, crossed Emmery's River just above the mouth, Clinch River not far above the mouth, and the Holston some distance above the mouth of the French Broad. Mr. Dowdy on his return found a lead mine, the particulars rel- ative to winch he will not detail. The Assembly of North Carolina, in their October session, 1779, which terminated some time in the following months of November or December, erected the county of Sullivan. The act for that purpose recites the then late extension of the north- ern boundary line of the State, saying that it had never until lately been extended by actual survey farther than to that part of the Holston River that lies directly west from a place well known by the name of Steep Rock. And it says that all the lands westward of the said place, lying on the north and north- west side of the said River Holston, have, by mistake of the settlers, been held and deemed to be in the State of Virginia, owing to which mistake they have not entered the said lands in the proper offices. It recites also that by a line lately run (meaning, without doubt, that run by Henderson and Walker) it appears that a number of such settlers have fallen into this 74 Haywood's history of Tennessee. State. It makes provision for securing their lands, plantations, and improvements. Sullivan County is made to begin on Steep Rock; thence along the dividing ridge that separates the wa- ters of the Great Kanawha and Tennessee, to the head of In- dian Creek; thence along the ridge that divides the waters of the Holston and Watauga; thence in a direct line to the high- est part of Chimney Top Mountain, at the Indian boundary. Sullivan County is that part of Washington County which late- ly was on the north side of the line. Isaac Shelby was appoint- ed to command the regiment of militia in this county. In the year 1779 two traders, Thomas and Harlin, came from the Indian towns, and informed the people on the Nolichucky (which was then a frontier) that the Cherokees had resolved to go to war, and were preparing to march upon the inhabitants. Col. Sevier gave immediate notice to Col. Arthur Campbell, of Virginia, and obtained from him a promise of assistance. Col. Sevier ordered the militia of his county forthwith to assemble on Lick Creek, of Nolichucky River. Two hundred men assembled in a few days at the place. They thence marched to Big Creek, which discharges itself into Broad River. The spies were sent up Long Creek, of the Nolichucky, to the head, and thence down a creek which empties into the French Broad. In going down the latter creek they met a party of Indians, who fired upon them. The spies returned to the army on Long Creek. The next morning at break of day they went up Long Creek, and crossed the French Broad at Sevier's Island and encamped on Boyd's Creek. The next day, early in the morning, the advance- guard, under the command of Capt. Stinson, marched up Boyd's Creek; and, at the distance of three miles, found the encamp- ment of the Indians, and their fires burning. A re-enforcement was immediately ordered to the front, and the guard was direct- ed, if it came up with the Indians, to fire upon them and retreat, and draw them on. Three-quarters of a mile from their camp the enemy fired upon the advance from an ambuscade. It re- turned the fire and retreated, and, as had been anticipated, was pursued by the enemy till it joined the main body. This was formed into three divisions — the center commanded by Col. John Sevier, the right wing by Maj. Jesse Walton, and the left by Maj. Jonathan Tipton — and it was ordered that so soon as the enemy should approach the front the right wing should Haywood's history of Tennessee. 75 wheel to the left and the left wing to the right, and thus inclose them. In this order was the army arranged when they met the Indians at Cedar Spring, who rushed forward after the guard with great rapidity till checked by the opposition of the main body. Maj. Walton, with the right wing, wheeled briskly to the left, and performed the order which he was to execute with pre- cise accuracy; but the left wing moved to the right with less celerity, and when the center fired upon the Indians, doing im- mense execution, the latter retreated through the unoccupied space which was left open between the extremities of the right and left wing; and, running into a swamp, escaped the destruc- tion which otherwise seemed ready to involve them. The loss of the enemy amounted to twenty-eight killed on the ground and very many wounded, who got off without being taken. On the side of Sevier's troops not a man was even wounded. The troops under his command then returned to Great Island, in the French Broad River (otherwise called Sevier's Island), and wait- ed there for the arrival of the troops from Virginia and the county of Sullivan. Col. Arthur Campbell, with his regiment from Virginia, and Col. Isaac Shelby, with his troops from Sullivan, joined Sevier in a few days in the month of September. The whole army then consisted of five or six hundred men, and, on the fifth day after the skirmish up Boyd's Creek, marched to the battle- ground ; thence to Little River, Town Creek, Piston Creek, Nine Mile Creek, and the Tennessee River, which they crossed at the Virginia Ford, and into the town of Tamotlee; thence to the Tellico; thence to the waters of the Hiwassee; and thence to the river, which they crossed at the town of Hiwassee. The town was evacuated, and the troops saw but one Indian, who was placed on the summit of a ridge there to beat a drum, and give signals to the other Indians. The spies of the whites stole on him, and shot him. The American army then marched south- wardly till they came near to the Chickamauga or Lookout towns, where they encamped; and the next day marched into the towns, where they took a Capt. Rogers, four negroes, and one squaw and children. They then marched to the waters of the Coosa, by Vann's Town; thence by Old Shoemack Town; and then returned home by the same route they had come. These operations checked the Cherokees for some time. The 76 HAYWOOD'S HISTORY OF TENNESSEE. American troops killed all their stock of cattle and hogs which could be found, burned many of their towns and villages, and spread over the face of the country a general devastation, from which they could not recover for several years. In the spring of the year 1780 the agents of the British Gov- ernment held conferences with the Indians at Augusta, the con- sequences of which was that war broke out generally with the Southern Indians in a subsequent part of the year. The In- dians attacked a house called Boilston's, killing two men, Will- iams and Hardin. Four Indians were killed and a number wounded. Doherty (now Gen. Doherty), Joseph Boyd, and others pursued, but did not overtake them. The misfortune sustained by the American armies at Camden in August, 1780, created upon the Holston, as well as in other parts of the Southern States, a number of avowed enemies, who before had worn the mask of friendship. The tories upon the waters of the Holston were now as dangerous and as hurtful as the Indians. To watch their motions, as well as those of the Indians, it became necessary to keep up constantly scouting companies of armed men. One of these killed Bradley, a tory. He was a notorious offender, who had often been imprisoned for his misdeeds in the jail of the District of Halifax, in North Carolina; and had given himself the name of "Honest" Jim Bradley, by wdiich also others, by way of derision, called him. In the same year one Dykes, a tory, was taken by the Light Horse Company, there being one in each county of the State of North Carolina to apprehend tories, and to take and bring to the army drafted militia-men who deserted. The company, ac- quainted with his desperate character, hanged him. He and others had agreed to come from the frontier to the house of Col. Sevier, and to put him to death. Of this agreement the wife of Dykes gave information to Sevier, who, in the time of her distress, had treated her with great humanity and friend- ship. Halley and others were confederates with Dykes. Rob- ert Sevier, who afterward fell at the battle of King's Mountain, collected his company of horsemen, caught Halley, and shot and killed both him and James Bradley at the same time. The people of Washington and Sullivan Counties had not only to defend themselves from the Indians, but were called by the difficulties of the times and the dangers which threatened Haywood's history of Tennessee. 77 the western counties of North Carolina to carry on a more dis- tant warfare. On the 16th of June, 1780, Col. Isaac Shelby, being in Ken- tucky, locating and surveying lands which he had marked out aud chosen five years before, received information of the fate of Charleston and of the surrender of the main Southern army; and forthwith he returned home to aid his country in the great struggle she maintained for independence. Arriving in Sullivan County early in July, he received a dispatch from Col. Charles McDowell, giving information that the enemy had overrun the two Southern States and were approaching the limits of North Carolina; and Col. Shelby was requested to bring to his aid all the riflemen that he possibly could, and with as much dispatch as possible. In a few days Col. Shelby marched from Sullivan at the head of two hundred mounted riflemen, and joined Mc- Dowell's camp near the Cherokee Ford of Broad River, in South Carolina; Lieut. -Col. John Sevier, of whom a like requisition was made, having arrived there with his regiment a few days be- fore. Shortly after the arrival of Col. Shelby, Col. McDowell detached him and Col. Sevier and Col, Clarke, of Georgia, with about six hundred men, to surprise an enemy's post, twenty odd miles in his front on the waters of Paccolet River. They marched at sunset and surrounded the post at day-break the next morn- ing. This was a strong fort, built during the Cherokee War — about seven years before — and was surrounded by a strong aba- tis, and was commanded by Capt. Patrick Moore, a distinguished loyalist. Col. Shelby sent in William Cocke, Esq., to make a peremptory demand for the surrender of the post, to which Moore replied that he would defend the post to the last extremity. Shelby then drew in his lines to within musket-shot of the en- emy all around, determined to make an assault upon the post. But before proceeding to extremities, he sent in a second mes- sage; to which Moore replied that he would surrender upon condition that the garrison be paroled, not to serve again during the war, unless exchanged. This proposal was acceded to. In the garrison were found 93 loyalists, 1 British Sergeant-major — stationed there to discipliue them — and 250 stands of arms, all loaded with ball and buckshot, and so disposed at the port-holes that they could have kept ofl^ double the number of the assail- ants. 78 Haywood's history of Tennessee. Shortly after this affair McDowell detached Shelby and Col. Clarke, with six hundred mounted men, to watch the movements of the enemy, and if possible to cut off his foraging parties. Ferguson, who commanded the enemy — then about two thousand strong- composed of British regulars and loyalists, with a small squadron of horse, was an officer of great entei'prise; and, though only a major in the British line, was a brigadier-general in the royal militia establishment made by the enemy after he overran North and South Carolina, and was esteemed the most distin- guished partisan officer belonging to the British army. He made several attempts to surprise Shelby, but without success. On the 1st of August, however, the advance of Ferguson — about six or seven hundred strong — came up with Shelby at a place which he had chosen to fight them, called Cedar Spring, where a sharp conflict ensued, lasting half an hour. Ferguson coming up with all his force, Shelby retreated, carrying from the field of battle twenty prisoners^ with two British officers. The Ameri- cans lost on their side ten or twelve in killed and wounded. Among the latter was Col. Clarke, wounded slightly in the neck by a saber. Having obtained information that a party of four or five hun- dred tories were encamped at Musgrove's Mill, on the south side of Enoree River, about forty miles distant, Col. McDowell again detached Shelby and Cols. Williams and Clarke to sur- prise and disperse them. Maj. Ferguson lay with his whole force at that time exactly between. They marched from Smith's Ford, of the Broad River, where McDowell then lay, just be- fore sundown on the evening of the 18th of August, went through the woods until dark, and then took a road leaving Ferguson's camp some three or four miles to the left. They rode hard all night, and at the dawn of day — about half a mile from the enemy's camp — met a strong patrol party. A short skirmish ensued, and they retreated. At that juncture a coun- tryman living near at hand came up and informed Shelby that the enemy had been re-enforced the evening before with six hundred regular troops — the Queen's American regiment from New York — under Col. Ennis, destined to join Ferguson's army. The circumstances of this information were so minute that no doubt was entertained of its truth. To march on and attack the enemy seemed then improper. Escape was impossible, so broken HAYWOOD'S HISTORY OF TENNESSEE. 79 down were the men and horses. Shelby instantly determined to form a breastwork of brush and old logs, and to make the best defense he could. Capt. Inman, with about twenty-five men, was sent out to meet the enemy and skirmish with them as soon as they crossed the Enoree River. The sounds of their drums and bugles soon showed them to be in motion, and induced a be- lief that they had cavalry. Inman was ordered to fire on them and retreat, according to his own discretion. This stratagem, which was the suggestion of Capt. Inman himself, drew the en- emy forward in disorder, believing they had driven the whole party; and when they came within seventy yards a most destruct- ive fire from Shelby's riflemen, who lay concealed behind the breastwork of logs, commenced. It was one whole hour before the enemy could force these riflemen from their slender breastworks; and just as they began to give way in some points Col. Ennis was wounded. All the British officers having been previously either killed or wounded, and Capt. Hawsey, a considerable leader among the loyalists in the left wing, shot down, the whole of the enemy's line began to give way. Shelby followed them closely and beat them across the river. In this pursuit Capt. In- man was killed, bravely fighting the enemy hand to hand. Shel- by commanded the right wing in this action; Col. Clarke, the left; and Col. Williams, the center. The victorious troops mounted their horses, determined to be in Ninety-six, at that time a weak British post, before night, it being less than thirty miles distant. At that moment an express from Col. McDowell arrived in great haste, with a short letter in his hand from Gov. Caswell, dated on the battle-ground, apprising McDowell of the defeat of the grand army under Gen. Gates on the 16th, near Camden, and advising him to get out of the way, as the enemy would no doubt endeavor to improve their victory to the great- est advantage by cutting up all the small corps of the American armies. Gov. Caswell's "hand" was known to Shelby, and he instantly saw the difficulty of his situation. He did not know how to avoid the enemy in the rear, wearied out as his men and horses were, and incumbered as he was with more than two hun- dred British prisoners taken in the action. Owing to the infor- mation contained in Gov. Caswell's letter, the loss of the enemy in killed and wounded was not ascertained, but must have been very great. The prisoners were immediately distributed among 80 Haywood's history of Tennessee. the companies so as to make one to every three men, who car- ried them, alternately, on horseback directly toward the mount- ains. Shelby marched all that day and night and the next day until late in the evening, without ever stopping to refresh. This long and rapid retreat saved his troops, for they were pursued until late in the evening of the second day by Maj. Dupoister and a strong body of mounted men from Ferguson's army, who, being broken down by excessive fatigue and the hot weather, were obliged to give up the chase. Col. Shelby, after seeing the party and prisoners out of danger, retreated across the mount- ains to the Western waters, leaving the prisoners with Clarke and Williams, to convey them to some place of safety in the North; for it was not known to Shelby or to them that there was even the appearance of an American corps embodied any- where south of the Potomac. So great was the panic after Gates's defeat, that McDowell's whole army broke up, and himself, with a few hundred of his followers, retreated west of the mountains. The action on the Enoree, at Musgrove's Mill, lasted an hour and a half, during which time Shelby's men lay so close behind their breastworks that the enemy overshot them, so that he lost but six or seven men killed. Ferguson, with the main body of his army, performed a rapid march to overtake the prisoners before they should cross the mountains; but, finding his efforts vain, he took post at a place called Gilbert Town, whence he sent a most threatening message by a paroled prisoner — Samuel Phillips — stating that if the officers west of the mountains did not bury their opposi- tion to the British Government he would march his army over and burn and lay waste their country. On the receipt of this message, Shelby rode fifty or sixty miles to see Col. Sevier, and to concoct with him measures to meet the approaching crisis. They at the end of two days came to the conclusion that each of them should raise the greatest force that he could march hastily through the mountains, and endeavor to surprise Ferguson in his camp. They hoped to cripple him, so as to prevent his crossing the mountains. They appointed the day and place for their men to rendezvous, near Watauga. Col. Sevier undertook to bring McDowell with him, as also sundry other field officers who had retreated to the west of the mountains; and to induce them, with their followers, to co-operate in the plan. To CoL Haywood's history of Tennessee. 81 Shelby it was left to obtain the assistance of Col. Campbell, of Washington County, Va., if he possibly could. Shelby hurried home and wrote to Campbell, by his brother, Moses Shelby, stat- ing the plan which had been agreed on, and soliciting his aid. He did not at once approve of it, but thought it best for him to march with his troops by the way of Flower Gap, and to get in the southern borders of Virginia, ready to oppose Lord Corn- wallis when he should approach that State. But, reflecting on the subject and receiving a second message from Shelby, with additional reasons in support of the proposition, he thought proper to inform Shelby that he would join him with his whole force, and that he would come to Col. Shelby's house and go with him to the rendezvous, while his men should march down a nearer way by the Watauga road. It was at this dark and gloomy period of the Revolutionary War that many of the best friends of the American Government submitted to the British authority, took protection under and joined the British standard, and gave up their freedom and in- dependence for lost. Lord Cornwallis, with the British Grand Army, had advanced into North Carolina, and lay at that time at Charlotte; and Ferguson was at Gilbert Town, in the County of Rutherford, in North Carolina, with an army of two thousand men, which he could readily augment to double that number. At this critical juncture Campbell, Sevier, McDowell, and Shelby assembled on the Watauga on the 25th of September, 1780, with their followers, and began their march on the next day. Owing to the desertion of two of their men, who went over to the enemy, they turned to the left on the top of the Al- leghany Mountain, traveled a worse route than ever an army of horsemen did, and, on getting clear of the mountains, they fell in with Col. Cleveland, having with him three or four hundred men, who were creeping along through the woods to fall in with any parties who were going to oppose the enemy. This was about the 1st of October. The second day after was so wet that the army could not move; but the officers commanding, as by instinct, met in the evening and held a council, at which it was determined to send to head-quarters, wherever it might be, for a general officer to command them; that in the meantime they would meet in council every day to determine on the measures 6 82 Haywood's history of Tennessee. to be pursued, and would appoint one of their own body to put them in execution. But it was remarked to the Council by Col. Shelby that they were then in striking distance of the enemy — not more than sixteen or eighteen miles from Gilbert Town, where Ferguson then lay, who would certainly attack or avoid them until he collected a force which they dare not approach; that it behooved the American army to act with promptitude and decision; and proposed to appoint one of their own body to the command, and to march the next day to Gilbert Town and attack the enemy. He remarked, too, that they were all North Carolinians except Col. Campbell, from Virginia, whom he knew to be a man of good sense and warmly attached to the cause of his country, and that he commanded a respectable regiment. He was therefore nominated, and appointed to the command. Col. McDowell was the commanding officer of the district they were then in, and had commanded against the same enemy all the summer; and, although a brave man and a friend to his country, was supposed to be too far advanced in life and too in- active to command on such an enterprise as they were then about to embark on. Col. McDowell proposed, as he could not be permitted to command, that he would be the messenger to go for the general officer; and he set off immediately, leaving his men under the command of his brother, Joseph McDowell. On his route, about eight miles from camp, he fell in with Col. John Williams, of South Carolina, and a number of other field officers from that State, with nearly four hundred men, of which he in- formed those he had left by express, and stated that they would join the main army the next morning, but they did not join till the evening of the third day after. The next morning after McDowell's departure the army ad- vanced to Gilbert Town. But Ferguson had decamped, having permitted many of his tories to visit their families under en- gagement to join him on short notice. For that purpose he had out expresses in all directions, and published an animated ad- dress to the tories, informing them of the advance of the mountain men upon him, and exhorting all his Majesty's loyal subjects to repair to the standard, and to fight for their king and country. In the meantime he took a circuitous march through the country in which the tories resided to gain time Haywood's history of Tennessee. 83 and to avoid the Americans until his forces could join him. Having gained a knowledge of his designs, it was determined in council of the principal officers to pursue him with all possible dispatch. Accordingly, two nights before the action the officers were engaged all night long in selecting the best men, the best horses, and the best rifles, and at the dawn of day took Fergu- son's trail. They pursued him with nine hundred and ten ex- pert marksmen, while those on foot and with weak horses were ordered to follow. In the pursuit the American troops passed near where several large parties of tories were assem- bled; and at Cowpens, where General Morgan afterward de- feated Col. Tarleton, they were informed of six hundred tories at Maj. Gibbs's, four miles to the right, who were assembled to join Ferguson the next day. But the mountain men had no other object but Ferguson, and him they jrarsued with so much steadiness that for the last thirty-six hours of the pursuit they nev- er alighted from their horses but once, to refresh at Cowpens for an hour, although the day of the action was so extremely wet that the men could only keep their guns dry by wrapping their bags, blankets, and hunting shirts around the locks, thereby ex- posing their bodies to a heavy and incessant rain. About 3 o'clock of the same day, the 7tli of October, the pursuers came in sight of the enemy encamped on King's Mountain, an emi- nence extending from east to west, which on its summit was five or six hundred yards in length, and sixty or seventy in width. The troops who had belonged to Col. McDowell's command, which had been considerably augmented during the march, formed a part of the right wing under Sevier. Col, Campbell's regiment and that of Col. Shelby composed the center, Camp- bell on the right, and Shelby on the left. The right wing or column was led by Col. Sevier and Maj. Winston, the left by Cols. Cleveland and Williams. The plan was to surround the mountain and attack the enemy on all sides. In this order the army marched to the assault. The attack was commenced by the two center columns, which attempted to ascend at the east- ern end of the mountain. Here the battle was furious and bloody, and many that belonged to Sevier's column were drawn into the action at this point to sustain their comrades. In the course of the battle the American troops were re- peatedly repulsed by the enemy and driven down the mountain, 84 Haywood's history of Tennessee. but were as often rallied by their officers and returned to the charge. In this succession of repulses and attacks, and in giv- ing succor to the points hardest pressed, the men of Shelby's column, of Campbell's, and of Sevier's, were mingled together in the confusion of the battle. Toward the latter j:)art of the action the enemy made a fierce and gallant charge upon the American troops from the eastern summit of the mountain, and drove them near to the foot of it. As before, they were again rallied, returned to the charge, and in a few minutes came into close action with the enemy, who in their turn began to give way. The Americans gained the eastern summit, and drove those who were opposed to them along the top of it, until they w^ere forced down the western end about one hundred yards, in a crowd, to where the other part of their line had been contend- ing with Cleveland and Williams, of Burke, and in the counties adjacent thereto. Col. William Campbell had with him 400 men, raised in Washington County, Va. ; Col. Shelby, 200, raised in Sullivan County, N. C. ; and Col. Sevier, 240, raised in AYash- ington County, N. C. The rest of the troops were those under the command of Cleveland and Williams. Col. Campbell marched at their head to the foot of King's Mountain, and with his division ascended the hill, killing all that came in his way; till, coming near enough to the main body of the enemy, who were posted upon the summit, he poured upon them a most deadly fire. The enemy, with fixed bayonets, advanced upon his troops, who gave way and went down the hill, where they rallied and formed, and again advanced as before stated. The mountain was covered with flame ami smoke, and seemed to thunder: The other division was closing them in and maintaining the action, with no less vigor and effect, on the other side of the hill. Fer- guson, the British commander, attempted \o form his troops into column, with a view to break through the assailants, and was shot and fell dead from his horse, upon which event the command devolved on Dupoister. The fire from the Americans had now become so hot and fatal that it could no longer be sustained. The enemy laid down their arms, raised a white flag, and sub- mitted to become prisoners of war. Some of the young men from Virginia, not knowing the meaning of the flag, still kept up a fire until informed of their error, when the firing ceased. The Legislature of Virginia, in the same year, voted Col. Haywood's history of Tennessee. 85 Campbell a horse, pistols, and sword, iu testimony of their high respect for his distinguished gallantry. The horse was immedi- ately presented, but the sword was not till after 1810, when by a fresh resolution of the Legislature an elegant one was made and presented to his grandson, Mr. Preston. The troops, led by Shelby, Sevier, and Cleveland, tied their horses at the foot of the mountain — except the field officers, who continued on horse- back — and from different parts of the mountain they marched directly to the summit, where the British and tories prepared to meet them with desperate valor. In spite of all opposition, they ascended the mountain, and eminently aided in the achievements of one of the most brilliant victories that was gained during the whole war. This was an enterprise undertaken from pure and patriotic motives, without the aid of the government and at a time when the dangers of the country w^ere at a crisis. The British forces, after the battle of Camden, on the 16th of August, 1780, had spread themselves over the country, and had come as far as King's Mountain to give countenance to the tories, and to induce them to join their standard, which they began to do in great numbers. This battle dispirited the tories, and almost demolished their hopes. In its consequences it proved to be the salvation of North Carolina, as it obliged Lord Cornwallis to retreat out of the State with the whole British army, whence he could not ad- vance till re-enforced from New York with troops to supply the places of those who were killed or made prisoners at King's Mountain. The General Assembly of North Carolina, at their first session after the defeat of Ferguson, which was held at Halifax on the 18th of January, 1781, and was continued to the 14th of Febru- ary, passed a resolution that a sword and pistols should be pre- sented to Shelby and Sevier respectively, as a testimony of the great services they had rendered to |;heir country on the day of this memorable defeat. This debt of gratitude and justice re- mained unpaid as late as the 10th of February, 1810. Justice to the merits of these heroes demands that it should not be en- tirely overlooked. Col. Williams, from Ninety-six, while fighting with the utmost gallantry, was rnortally wounded, and soon after died. Fifteen hundred stands of arms was one of the fruits of this victory; 150 86 Haywood's history of Tennessee. of the enemy, besides their commander, were laid dead on the field; 810, including 150 wounded, were made prisoners; 440 es- caped. There was no time to wait for the tardy forms of law and a court-martial to put to death ten or twelve of the tories most noted for the enormity of the offenses they had committed against their country. An event so sudden and so unexpected instantly put a new face on our affairs, stopped the immediate progress of the ene- my; gave time to the people of North Carolina to recover from the shocks they had lately received, to resume fresh vigor, and to be ready again to meet and defeat another part of the British army, and finally to oppose such a barrier to all their forces as turned them aside from their purpose of further invasion and compelled them again to seek a respite from danger and fatigue in Wilmington, N. C, the nearest spot in their possession which afforded them shelter and security. To speak with more particularity. Lord Cornwallis, who then lay at Charlotte with the British Grand Army, on being informed of Ferguson's total defeat and overthrow by the riflemen of the West, and that they were bearing down upon him, ordered an immediate retreat, marched all night in the utmost confusion, and retrograded as far back as Winnsboro, seventy or eighty miles; from whence he did not attempt to advance until re-en- forced by Gen. Leslie, from the Chesapeake, with two thousand men, three months later. In the meantime the militia of North Carolina assembled in considerable force at New Providence, on the borders of South Carolina, under Gen. Davidson. Gen. Smallwood, with Morgan's light corps and the Maryland line, advanced to the same point. Gen. Gates, with the shattered re- mains of his army collected at Hillsboro, also came up; and the new levies from Virginia, under Gen. Stephens, of a thou- sand men, came forward. At the same time ( which was about the 2d or 3d of December) Gen. Greene arrived and took the command. Thus was dispelled the dismal gloom which pervaded the Southern States. CHAPTER III. The Peace of 1763 — Treaty of Fort Stanwix — Lindsey and Others Explored the Western Country — A Company of Hunters Come to the Western Waters; Make a Camp in the Barrens — Hnman Bones in Caves — Mansco Descends the Cumberland — French Lick — Stockade Fort on the Mound — Another Set of Hunters in 1771 — Station Camp Creek — Discoveries Made and Places Named by This Company — Another Company of Hunters — November, 1775 — Spencer Came in Company with Others to Cumberland in 1776 — Emigrants to Cumber-- land in 1779 — Others in the Latter Part of the Year Came through Kentucky to the Salt Spring or Blufi' — The Koute of the Emigrants — Oil Spring — Crossed the Cumberland on the Ice in January, 1780 — Emigrants Settled at Various Places on the River — Emigrants Descend the Holston and Tennessee in Boats, and Arrive at Salt Spring on the Cumberland. THE peace of 1763 was hailed with acclamations of joy, as well by the savages of the southern and western wilds of America as by the European colonists of the frontiers. Aftec so many turbulent scenes, which did not permit a re- laxation of the mind from vigilance, or of the body from action, for fear of those misfortunes which were always ready to fall upon the remiss, they heard, with unfeigned satisfaction, of the event which promised security for the present and indemnifi- cation for the past. The somnolence of repose had become the most delicious of all enjoyments. A calm succeeded the tempest- uous agitations which had so long disturbed the terrified inhab- itants. They hoped, as expressed in the language of every treaty of pacification, that the amicable relations of the late belligerents would be eternal. Forbearance from aggression was the special care of everybody; and both the white and red men lived not very distantly from each other, without annoy- ance and without the apprehension of any injurious treatment from either side. But the spirit of enterprise was not dead, and many desired to know what wonders were to be seen and what advantages were to be acquired in the western country, as far as the Mississippi, which the treaty of 1763 had made our western boundary. They had heard of the removal of the Shawnees; of the quar- rel of the Cherokees with their late allies the Chickasaws, in 88 Haywood's history of Tennessee. their war with the Shawnees; they had heard that none of the tribes had ventured upon the deserted territory, and they wished to take this opportunity to explore it themselves. Some time after the treaty of Fort Stanwix, made between Sir William Johnston and the Six Nations, in which they ceded all the country south of the Kentucky Eiver, and between the Ohio and Cherokee Rivers, and in the year 1767, Isaac Lindsay and four others from South Carolina crossed the AUeghanies, and came to Powell's Valley, and passed the Cumberland Mountain at Cumberland Gap; thence they came to what is now called Rock Castle, which he so named from a romantic-looking rock, through the fissures of which the water dripped and froze in rows below. Down that river he came into the Cumberland, and down the Cumberland to the mouth of Stone's River, where he found Michael Stoner, who had come thither with Harrod from Illi- nois to hunt. Some French, before that time, had settled on the bluff where Nashville now stands. They, Harrod and Stoner, had gone from Fort Pitt or Pittsburg, to the Illinois. After the Shawnees left the bluff, the French kept up a station there for some time. The French had also a station at the same time on the Tennessee, ten or twelve miles above the mouth; and Fort Massac, on the Ohio. On the second of June, 1769, a company of twenty men or more was formed of adventurers from North Carolina, Rock Bridge, in Virginia, and from New River, about five miles distant from English's Ferry, who resolved to pass over into what is now called West Tennessee, for the purpose of hunting. Of this com- pany were John Rains, Casper Mansco, Abraham Bledsoe, John Baker, Josej^h Drake, Obadiah Terril, Uriah Stone, Henry Smith, Ned Cowan, and others. They assembled on Reedy Creek, which empties into New" River about eight miles below Chissell's, each man having with him several horses; Mr. Rains had three. They set off on the second week in June, 1769, and came to the head of the Holston; then down the Holston to what is now called Abingdon, but then the Wolf Hills; thence to the North Fork of Holston; thence to Clinch River, at a place called Mock- ason Gap, which still retains the same name; they next came to Powell's Valley, and thence to the Gap of Cumberland Mountains; thence to Cumberland River, at the old crossing-place which led to Kentucky. No trace was then there, but has been made HAYWOOU'S HISTORY OF TENNESSEE. 89 since; it is now a turnpike road. They thence traveled to Flat Lick, about six miles from the Cumberland River; thence bearing down the water-courses, and crossing the river at a remarkable fish dam, which had been made in very ancient times, in what is now the State of Kentucky. They passed the place called the Brush, near the fish dam; briers, brush, vines, and a vast quan- tity of limbs of trees were heaped up and grown together, and many immense hills and clifPs of rocks were there; thence they went in a southwardly direction, and coming to the Sonth Fork of the Cumberland, they turned down it some distance, and crossed it; they soon came to an open country called barrens, to a place since called Price's Meadow, in what is now called Wayne County, six or seven miles from the place where Wayne court-house now stands; there they made a camp, and agreed that they should deposit at it all the game and skins that they should get, the place being in an open country, near an excellent spring. They agreed to return and make their deposits at the end of every five weeks. They dispersed in different directions, to different parts of the country, the whole company still traveling to the south- west. They came to Roaring River and the Caney Fork, at a point far above the mouth, and somewhere near the foot of the mountains. Robert Crocket, one of the company, was killed near the head waters of Roaring River, when returning to the camp provided for two or three days traveling; the Indians were there in ambush, and fired upon and killed him. The Indians were traveling to the north, seven or eight in company. His body was found on the War trace leading from the Cherokee Nation toward the Shawnee tribe. All the country through which these hunters passed was covered Math high grass, which seemed inexhaustible; no traces of any human settlement could be seen, and the primeval state of things reigned in unrivaled glory; though under dry caves, on the sides of creeks, they found many places where stones were set up, that covered large quantities of human bones. They also found human bones in the caves, with which the country abounds. They continued to hunt eight or nine months, and part of them returned on the 6th of April, 1770. In the year 1770, but 1769, as Mr. Mansco said, he, with Uriah Stone, John Baker, Thomas Gordon, Humphrey Hogan, Cash Brook, and others, ten in all, built two boats and two trapping 90 Haywood's histoky of Tennessee. canoes, loaded them with firs and bear meat, together with a de- serted boat which they found, and moved down the river to Fort Natchez, to dispose of the articles which they had, and to pur- chase others which they wanted. Navigating down the river as far as where Nashville now stands, they discovered the French Lick, where they saw an immense number of buffaloes and wild game, more than they had ever seen at any one place. The lick and all the adjoining lands were crowded with them. Their bellowings resounded from the hills and forests; some of these animals they killed, and got their hides to cover the boats. There was then a stock fort on the mound, which they conjectured to have been built by the Cherokees, on their retreat from the Chickasaw Old Fields, where they had been defeated by the Chickasaws. Another was discovered on the Caney Fork, and one on Big Harper. Mansco and his associates sailed from thence to the mouth of the Cumberland. Upon their arrival at this place it was discovered that their meat was spoiling. They converted it into oil, and poured it into the lightest boat, for market. Here they had the misfortune to see John Brown, the mountain leader, and twenty-five others, on their way to war with the Seneca Indians. They offered no personal injury, but robbed the crews of these boats, of two guns, some ammunition, salt, and tobacco; a loss which, but for the guns, would not have been sensibly felt; for soon afterward they met some French boats, on their way to the Illinois, who appeared friendly, gave them some salt, tobacco, flour, and some taffy; the latter being a very acceptable present, as for a long time the wanderers had not tasted of spirits of any sort. They gave to the Frenchmen in exchange a few pounds of fresh meat. Mansco and his asso- ciates proceeded to Fort Natchez, but finding no sale for the articles on board their boats, they sailed to the Spanish Natchez. One of their boats got loose from its moorings at this place and floated down the river. Mansco and Baker pursued and over- took the boat at Fort Kaspel, which they brought back, and there disposed of the cargo. Uriah Stone, one of this company, had come to the Cumberland River in 1767. In that year he and a Frenchman were trapping on the river now called Stone's River, and had nearly loaded their boat with furs. In his absence the Frenchman stole off with the boat and lading. Stone then re- turned to the settlement, and came out the second time with HAYWOOD'S HISTORY OF TENNESSEE. 91 Mansco and his associates. From this man Stone's River took its name. This boat was now found at Spanish Natchez. Mans- co and his company remained some days after disposing of their cargo, and then separated. Some returned home, others re- mained there. Mansco was confined by sickness from May till November. He then returned with John Baker in a boat as far as Ozinck, where he met with one Fairchild with a drove of horses intended for Georgia. They came on through the Keowee Nation to New River, where Mansco had lived before his depart- ure. In the fall of the year 1771 Mansco came out again in company with John Montgomery, Isaac Bledsoe, Joseph Drake, Henry Suggs, James Knox, and others, amongst whom was an old man by the name of Russell, who was so dim sighted that he was obliged to tie a piece of white paper at the muzzle of his gun to direct his sight at the game, and thus killed a number of deer. They encamped on Russell's Creek, so called from the circumstance of this old man getting lost. He was missing nineteen days, in very cold weather. When found by his com- panions, he was helpless, and continued so three or four days. He was nursed by his son, and recovered, and killed a number of deer afterward. The winter was rather severe than other- wise. The party built a skin house, which circumstance gave name to the place, which to this day it retains. They hunted down through this country till February, when, their ammuni- tion becoming scarce, Mansco, Henry Knox, and indeed all of the company except five whom they left to take care of the camp — namely, Isaac Bledsoe, William Linch, William Allen, Chris- topher Stoph, and David Linch — returned to procure ammuni- tion, and for other purposes. Linch was taken sick of the shin- gles; Bledsoe came with him into the settlements; and the other three were discovered and defeated, before the return of their companions in the ensuing spring. The winter being very in- clement, they did not return to their camp till May. The attack upon the three who were left to take care of the camp was sup- posed to have been made by some of the northern Indians. They took Stoph and Allen. Hughes escaped and met the rest of the company as they Avere returning to the camp. The In- dians did not plunder the camp. There was nothing missing but some of the meat, which it was supposed the dogs at the camp had eaten. The dogs still remained at the camp, but were 92 hayayood's history of Tennessee. quite wild, as tliey had not seen a human being for two or three months; for Hughes had fallen in with other hunters, in Pow- ell's Valley, and informed the company who met him that he had been so long absent from camp; but in three or four days the dogs were as well tutored as ever. Thence the party trav-, elled through the woods to the creek now called Station Camp Creek, on which they fixed a station, from which circumstance it has ever since invariably preserved the name of Station Camp Creek, There this party remaiued from May, 1772, until Au- gust, hunting and traversing the country, in which time they made many important discoveries. Drake discovered the pond now called Drake's Pond, a great resort of deer. Isaac Bledsoe discovered the lick called Bledsoe's Lick; and Drake discovered the lick since called Drake's Lick. Casper Mansco discovered the lick called Mansco's Lick. All these licks took their names from those who discovered them. About this time twenty-five of the Cherokees came to the camp and plundered it in the ab- sence of the hunters. Some of the party discovered the Indians, but before the whole company could be collected the Indians were gone. They made a visible trail where they came in, but were careful not to make one in their departure. They either went singly, or up Station Camp Creek, in the water. They took all the ammunition they could find, and all the pots and kettles that belonged to the company. They carried off also and destroyed about five hundred deer-skins, and a good deal of cloth- ing, and, in short, they broke up the hunting expedition for the present. However, the hunters continued where they were until they had consumed the remainder of their ammunition, which was but small. They then broke up the camp and moved toward the settlements. They went as far as Big Barren Kiver, in Ken- tucky, where they met with another corps of hunters, upon which Mansco and four or five others returned, and hunted to the end of the season. They then returned to the settlements on New River. Mansco renewed his visit in November, 1775, and came to the Cumberland River Avith another company of the name of Bryants. They all encamped at Mansco's Lick. The greater part of them, not being pleased with the country, re- turned home; but Mansco and three others staid, and com- menced trapping Sulphur Fork and Red River. Finding that the Black Fish Indians and their company were at these places HAYWOOD'S HISTORY OF TENNESSEE. 93 before them, by the number of deer carcases which they saw, and frames which they used to stretch their skins on, they con- cluded that it was useless to tarry there any longer, but deemed it essential to their own safety to ascertain where they were en- camped, and their number; and they selected Mansco to make the discovery. He conjectured that the Indians were somewhere on Red River, and resolved to strike the river, and to scour it up and down till he should find the camp. He had proceeded about twenty miles when he perceived by the sycamore trees in view, that he was near the river. He advanced but a few steps farther, when suddenly he found himself within seventy or eighty yards of the camp, which before he had not seen. He instantly placed himself behind a tree, with design, if possible, to ascertain the number of Indians Avho were at it. He could see only two of them; the rest he supposed to be hunting at a dis- tance. At the moment when he was about to retire, one of the two took up a tomahawk, crossed the river, and went upon the other side; the other picked up his gun, put it on his shoulder, and came directly toward the place where Mansco stood. Mansco lay close, hoping the advancing Indian would pass some other way; but he continued to advance in a straight line to- ward the spot where Mansco was, and at length came within fifteen steps of him. There being no alternative but to shoot him, Mansco cocked and presented his gun. Aiming at the most vital part of the body, he pulled trigger, and the gun fired. The Indian screamed, threw down his gun, and made for the camp, but he passed it, and pitched headlong down the blufp, dead, into the river. The other ran to the camp, but Mansco outran him, and getting there first, picked up an old gun, but could not fire it, and the Indian escaped. Mansco broke the old gun, and returned at once to his comrades. The next day they all went to the Indian camp to make further discov- eries. They found the dead Indian, and took away his toma- hawk, knife, and shot-bag but could not find his gun. The other Indian had returned and loaded his horses with his furs, and Avas gone. They pursued him all that day, and all night with a torch of dry cane, but could never overtake him. They then returned and came back to Mansco's Lick, where they left a piggin, which Captain De Mumbrune afterward found. They then began their journey, toward the settlements on New River, 94 Haywood's histoky of Tennessee. biit were detained four weeks by snow, which was waist deep. When that melted, they resumed their journey, and arrived safe at home. Thomas Sharpe, Spencer and others, allared by the flattering accounts they had received of the fertility of the soil and the abundance of game that the country afforded, determined to pay it a visit. In the year 1776 they came to Cumberland River, and built a number of cabins. The greater part of them returned, leaving Spencer and Holliday, who remained in the country till 1779. Capt. De Mumbrune, who is yet a resident of Nashville, is a Frenchman who hunted in this country as early as 1775. He .tixed his residence during the summer at the place since known by the name of Eaton's Station. He saw no Indians in the country during that summer, fall, or winter, but immense num- bers of buffaloes and other game. In the spring of the year 1776 he went to Orleans with his tallow, hides, furs, and other articles. On his return from Orleans, he obtained permission from his relation, the then late Governor of Florida, Grand Pre, to hunt on the river Arkansas; but being molested there by the Indians, he determined again to visit the Shawnee or Cumber- land River. He arrived at Deacon's Pond, near where Palmyra now stands, in February, 1777, and found six white men and a white woman. This party informed him that they had taken wa- ter where Rock Castle River disembogues into the Cumberland River, and come down it, hunting occasionally from it through the woods; that in their excursions they had seen no Indians, but had found an incredible number of buffaloes; that one of the party, by the name of William Bowen, had been killed by a buffalo; he had shot at a gang of liuffaloes, one of which he wounded; it ran directly toward him, and the cane being thick, he could not get out of the way; he was trodden down so that he could not move, nor could his companions find him; he lay there seven days; when found, he was nearly exhausted and the bruised parts had mortified; on the eighth day he died. Big John, or John Duncan, one of the six, had the woman who was with him as his wife ; she had become tired of him, and took up with James Ferguson, another of the six; she left her husband sick, and induced the party also to leave him. They went down the river, and no doubt he died from want of care and nour- ishment. Capt. De Mumbrune saw his corpse, and supposed Haywood's history of Tennessee. 95 from its appearance that he died of hunger; he was left at the place where Capt. De Mumbrune first saw them. Ferguson and his party drifted down the Ohio, into the Mississippi, on the banks of which they hunted for some time, but were all cut oft' except one or two, near Natchez, in 1779. In the fall of 1777 Capt. De Mumbrune went down the river, and up the Wabash to Post Saint Vincents, leaving a hunter here, to join him the next spring at the mouth of Cumberland River. In a short time the man joined him at Vincennes. Thomas Sharpe, Spencer, and John Holliday, having then lately come to this country from Kentucky, had passed very early one morning, in pursuit of a wounded buffalo, the temporary cabin which Capt. De Mum- brune had erected at the place since called Eaton's Station. The noise they made so alarmed the hunter whom Capt. De Mumbrune had left here that he swam the river, and wandered through the woods until he got amongst the French on the Wabash River, He had seen, the day before, the huge tracks of Spencer, who was a man of very uncommon size. Spencer and Holliday came from Kentucky, in company with Richard Hogan and others, in search of good lands, intending to secure some for themselves. They planted a small field of corn in 1778, near Bledsoe's Lick. Spencer was pleased with his situation; Holli- day wished to return, but could not persuade Spencer to return with him. When about to part, having lost one of their knives, they had but one between them. Each wanted it to skin his ven- ison and cut his meat. Spencer went with him to the barrens, on the way to Kentucky, and put him on the path, and broke the knife and gave Holliday a part. Spencer then lived in a hollow tree, near Bledsoe's Lick. Early in 1779 a party from East Tennessee crossed the Cum- berland Mountain. It consisted of Capt. James Robertson, George Freeland, William Neely, Edward Swan son, James Hanly, Mark Robertson, Zachariah White, William Overall, and a negro fellow, who was afterward killed at Freeland's Station, in the year 1781, on the same night when Maj. Lucas was killed. They explored the country to the neighborhood of the place where Nashville now stands, and fixed themselves con- venient to the French Lick; they planted a field of corn on the ground where Nashville now stands, in the year 1779, about the spot where Joseph Park now lives, near the Lower Ferry, and 96 Haywood's history of Tennessee. the party returned to East Tennessee for their families, leaving Overall and AYhite and Swanson to keep tlie buffaloes out of the corn. In the year 1779 Mansco, with a number of others, came to the Cumberland River, and found Capt. James Robertson's com- pany at the French Lick, where they had just arrived. Robert- son himself was gone to Illinois, to purchase the cabin rights of General Clarke. The emigrants planted some corn that spring at French Lick. Mansco returned to the settlements, and in the fall conducted a number of families to the country, who settled at Bledsoe's Lick, Mansco's Lick, and at other places. In 1779, in the month of October, Mr. John Rains set off from New River to go to Kentucky, and advanced toward Cumber- land Gap; but before reaching the Gap, he found Capt. James Robertson in Powell's Valley, who pursuaded Rains to come with him to Cumberland. The latter agreed to the propos- al, and to give up his former purjjose of settling at Harrods- burg. Other persons, in small companies, both before and be- hind, were moving to different places, and some of them to Cumberland; some of them were the hunters who had been to Cumberland in 1769. Frazier, a hunter, had been to and re- turned from Cumberland; Mansco had left the hunters in 1769 or 1770, just before they had set off to return home, and went down the river as before stated. Upon the return of Mansco in 1771 from his voyage down the river, the fame of the Cumber- land lands, and of their fertility, as well as the salubrity of the air, the excellency of the water, the abundance of buffaloes, deer, and game of all sorts, was diffused through all the frontier settlements, was the theme of conversation in every company, and many embraced the resolution of emigrating to this land of plenty. They came through Cumberland Gap; thence to the Cumberland River, at the crossing-place crossed by the Kentucky trace at that time. These small parties traveled on the Kentucky trace to Dick's River, where was Whitley's Sta- tion; thence they traveled on the ridge between Salt River and Dick's river, to a point near a place since called Carpenter's Station, on the waters of Green River; thence to Robertson's Fork, on the north side of Green River, which discharges itself into that river; thence down the river to a place since called Haywood's histohy of Tennessee. 97 Pitman's Station; thence across Green River, and down it, to Little Barren River, crossing the same at Elk Lick; thence to the Blue Spring, in the barrens; thence to the Dripping Spring, between the Blue Spring and Big Barren; thence to Big Bar- ren, and crossing it; thence up to Drake's Creek, that runs into it, and up Drake's Creek to a place near to Oil Spring, so called from a scum of oil that is upon it. The oil is swept off by the wings of fowls, and is sold at a dollar per quart. It is used as a medicament for burns and pains. This spring is five miles from the Big Barren, to the south-west of it, breaks out near the bank of Drake's Creek, about five miles above the mouth» opposite to where the county of Sumner, in Tennessee, now is, and at this time in the county of Warren, in Kentucky. The water of this spring is dark like tar, of a nauseous smell; it is a boiling spring, and the oil is always on the surface of the water, and is not used by any animal. The oil upon the water of the spring has the appearance of grease, or of oil poured upon the water; the oil floats on the surface till obstructed by some ob- stacle, when it collects in compact quantities, and is then taken up and put in bottles, and applied to divers medicinal uses. From Oil Spring they went to Maple Swamp. This was a marshy place, but full of timber, when in all the adjoining country there is no timber at all; flience they traveled to Red River, crossing two or three miles below where they struck it, at a place since called Kilgore's Station; thence over to Mansco's Creek, then so called after Casper Mansco, who had there stopped upon a place where he afterward lived and died. This place he had seen when he came down the river in the year 1769. The emigrants came down Mansco's Creek to a place where Mansco lived, and thence to the French Lick. In the month of January, 1780, the river was frozen over; there had been a long freeze, in clear, dry weather. The winter of 1779-80 has been remembered and referred to as the cold winter by all countries in the northern hemisphere, and between the thirty-fifth degree of latitude and the seventieth, and is decisive in favor of the chro- nology which fixes the arrival of these emigrants at the bluff in 1780. At the Cumberland River snow had first fallen upon the ice; the water dried up, and it continued to freeze for many weeks. Mr. Rains's stock, the only one in all these companies, consisted of nineteen cows, two steers, and seventeen horses. All 7 98 Haywood's history of Tennessee. crossed the river upon the ice, and came to the bluff where Nashville now stands. They were all upon the ice together, and it sounded as if it cracked, when the cattle were about the middle of the river; and from the report, the crack seemed to extend four or five miles up and down the river; it settled upon the layer of ice next below it, as those who were crossing at the mo- ment now supposed. When they came to the Cumberland River, all the companies amounted, it is supposed, to two or three hun- dred men, many of them young men without families. Some of them settled on the north side of the river, at Eaton's Station, where Page now lives. Among these was old Frederick Stump and Amos Eaton. Hay den Wells, Isaac Rounsever, William Loggins, AVinters, and others settled there, cleared ground, planted corn, built cabins with stockades from one to the other, and port-holes and bastions. Some of them crossed the river, and settled at Freeland's Station, where David McGavock, Esq., now lives, and built block-houses and stockades. The greater part came to the bluff where Nashville now stands; they built block-houses in lines, and stockaded the intervals; two lines were parallel to each other, and so were the other two lines, the whole forming a square within. Rains went the same day and settled the lands since called Deaderick's plantation. Whilst the above-mentioned emigrants were on their way to Cumber- land, they were overtaken and passed by others, from South Carolina: John Buchanan and his brother Alexander, Daniel Williams, James Mulherrin and John Mulherrin, Sampson Will- iams, Thomas Thompson, and others. These persons came to a point on the north side of the river, opposite the mouth of the French Lick, and found the river shut up by the ice. After some time they crossed on the ice, at the place where Mr. McGav- ock's ferry is, and built cabins on the bluff where Nashville now stands. At the same time boats were descending the Tennes- see with emigrants and their property, destined for the bluff' on the Cumberland and its vicinity. One of the boats, called the "Adventure," commenced her voyage on the 22d of Decem- ber, 1779, at Port Patrick Henry, on the Holston River, which port was at a place known by the name of the Long Island of the Holston, about five or six miles above the North Fork of the Holston. She had on board John Donaldson, Esq., the elder, his family and others. The boat and crew departed and fell Haywood's history of Tennessee. 99 down the river to the mouth of Reedy Creek, where they were detained by the falling of the water, and excessive hard frost. After much delay, and many difficulties, they arrived at the mouth of Cloud's Creek, on Sunday evening, the 20th of Febru- ary, 1780. There they remained till Sunday the 27th, when they set off in company with sundry other vessels, all destined for the Salt Springs, on the Cumberland River. The "Adventure," on that day, struck on the Poor Valley Shoal, together with Mr. Boyd and Mr. Rounsever, where they all lay in much distress until the succeeding night of Monday, the 28th of February, 1780. On the morning of the 29th, the water rising, the boat got off the shoal after landing thirty persons to lighten the boat of Col. Donaldson, and in attempting to land on an island his boat received some damage and sundry articles were lost. They en- camped on the south shore, and joined several other vessels bound down the river. On the 29th of February, 1780, they, proceeded down the river, and encamped on the north shore, the weather being rainy that afternoon and the next day. On AVednesday they continued the voyage; on Thursday the 2d of March, they passed the mouth of the French Broad River; and about twelve o'clock, Hugh Henry's boat, being driven on the point of an island by the force of the current, was sunk; the lives of the crew were greatly endangered, and the whole fleet put to shore, and the crews went to their assistance. With much difficulty they baled out the water, and the sunken boat was raised so as to take in her cargo again. On this day Reu- ben Harrison went out to hunt, and did not return in the even- ing, though many guns were fired to bring him to the boats if within hearing. On Friday, the 3d of March, 1780, early in the morning, they fired a four-pounder for Harrison, and sent out several persons to search the woods for him, firing many guns in the course of that day and till the succeeding night. All attempts to find him proved fruitless, to the great grief of his parents and fellow-travelers. On Saturday, the 4th of March, 1780, they resumed the voyage leaving old Mr. Harrison and some other vessels to make further search for the lost man. About 10 o'clock on that day they found him a considerable distance down the river, where Mr. Benjamin Belew took him on board his boat. At 3 o'clock in the afternoon the "Advent- ure" passed the mouth of the Little Tennessee River, and the 100 Haywood's history of Tennessee. passengers encamped on the soutli shore, about ten miles below the mouth. On Sunday, the 5th of March, 1780, they set otf early in the morning^ before sunrise, and passed the mouth of Clinch River at 3 o'clock. They came up with the Clinch River company and joined and encamped with them, the evening being rainy. On Monday, the 6th of March, before sunrise, they progressed. The morning was foggy, and many of the fleet were much per- plexed to find the way, some rowing up the river, some down, and some across. In order to collect them together, the "Advent- ure" went to shore. By 10 o'clock they were collected and went on, and encamped for the night on the north shore. On Tues- day, the 7th of March, they recommenced the voyage early in the morning. The wind blew strongly from the south-west, the river was wide, and the waves ran high: some of the smaller crafts were in danger. They therefore came on shore at the upper Chiccamauga Town, which was then evacuated, and encamped there all night. The wife of Ephraim Peyton was delivered of a child. Peyton himself had gone through the wilderness by the way of Kentucky, with Capt. James Robertson. On Wednesday the 8th of March, 1780, they proceeded down the river to an Indian village, which was inhabited. It lay on the south side of the river. The Indians invited the crews to come on shore, and called them brothers, and showed other signs of friendship, in so much that John Donaldson, Jr., the son of Col. Donaldson, and John Caffrey, then on board, took the canoe which the boat had in tow and were crossing over to them, the crew of the boat having landed on the opposite side. After they had proceeded some distance, a half-breed of the name of Archer Coody, with several other Indians, jumped into a canoe, and advised them to return to the boat, which they did, together with Coody and several canoes which left the shore and followed directly after them. They appeared to be friendly after a few presents were distributed amongst them, with which they seemed to be well pleased. But on the other side were ob- served a number of Indians, embarking in their canoes, armed, and daubed with red and black paint. Coody immediately made signs to his companions to leave the boat, which they did, him- self and another Indian remaining with the crew of the boat, and telling them to move off instantly. The crew and boat had proceeded but a short distance before they discovered a number Haywood's history of Tennessee. 101 of Indians, armed and painted, going down the river in the di- rection to intercept the boat. Coody, the half-breed, and his companion continued on board of the "Adventure" for about an hour, and telling the crew that they had then passed all the towns, and were out of danger, left the boat. But in a short time the crew came in sight of another town, situated on the north side of the river, nearly opposite to a small island. Here, also, the Indians invited those on board to come on shore, call- ing them brothers, and seeing the boat standing to the opposite side, told the passengers that their side was the best for the boat to pass the island on. A young man of the name of Payne, who was on board the boat of Capt. John Blackmore, approaching too near the shore, was shot in the boat from the shore. Mr. Stew- art had set off in a boat, with the "Adventure" and others, des- tined for the western country. On board this boat were blacks and whites to the number of twenty-eight souls. His family being- diseased with the small-pox, it was agreed between him and the other movers that he should keep at some distance in the rear, for fear of spreading the infection amongst them. He was to be informed each night where the others lay by the sound of a horn. The foremost boats having passed the town, the Indians collected in considerable numbers. Seeing him far behind the boats in front, they intercepted him in their canoes, and killed and made prisoners the whole crew. The crews of the other boats were not able to relieve him, but on the contrary, were alarmed for their own safety; for they perceived large bodies of Indians marching on foot down the river, keeping pace with the boats, till the Cumberland Mountains covered them from the view of the boats, and the latter hoped that the pursuit was given over. The boats were now arrived at the place called the Whirl or Suck, where the river is compressed into less than half of its common width, by the Cumberland Mountain jutting into it on both sides. In passing through the upper part of these narrows, at a place described by Coody, and which he termed the Boiling Pot, a man by the name of John Cotton was descending the river in a canoe with a small family, and being fearful that his canoe might not go safely through, he had at- tached it to Bobert Cartwright's boat, into which he and his family had entered for safety. The canoe was here overturned, and the little cargo lost. The movers, pitying his distress, con- 102 HAYWOOD'S HISTOllY OF TENNESSEE. eluded to laud and assist liim in recovering his property. Hav- ing landed on the north shore at a level spot, they began to go toward the place where the misfortune had happened, when the Indians, to their astonishment, appeared on the opposite clifPs, and commenced firing down upon them. This caused a precipitate retreat to the boats. The emigrants all immediately progressed^ the Indians continuing their fire from the heights upon the boats, in which were four persons who were wounded. In the boat of Mr. Gower was his daughter, Nancy Gower. When the Indians fired upon the boats, the crew being thrown into disorder and dismay, she took the helm, and steered the boat, exposed to all the fire of the enemy. A ball passed through her clothes, and penetrated the upper part of her thigh, going out at the opposite side. It was not discovered that she was wounded by any complaint she made or words she uttered, but after the danger was over her mother discovered the blood flowing through her clothes. The wound was dressed, she re- covered, and is yet alive, having married Anderson Lucas, the same person who was with Spencer in 1782 when wounded by the Indians. The boats passed the Suck, the river widening with a placid and gentle current, and the emigrants seemed to be in safety, but the family of Jonathan Jennings, whose boat ran on a large rock projecting from the northern shore, and immersed her in the water immediately at the AVhirl. The other movers were forced to leave them there, and continued to sail on that day, and floated through the night. On Thursday, the 9th of March, 1780, they went on floating till midnight, and came to a camp on the northern shore. On Friday, the 10th of March, 1780, in the morning about 4 o'clock, the people in the camp were surprised by a cry for help. Jennings, a con- siderable distance up the river, had discovered their fires, and came up in a wretched condition. He reported that as soon as the Indians had discovered his situation they began to fire at him. He ordered his wife and son, who was nearly grown, a young man who accompanied them, and two negroes to throw all the goods into the river to lighten the boat for the purpose of getting her off, himself returning the fire as he could, being in a good situation, and an excellent marksman. But before they had accomplished their object, his son, the young man, and a negro man jumped out of the boat and left them. The son and HAYWOOb'S HISTORY OF TENNESSEE. 103 yoiiug man swam to the north side of the river; the negro was drowned. On the north side they found a canoe, and embarked in it and floated down the river, but unfortunately, on the next day, were met by five Indian canoes, full of men, who took them prisoners and carried them to Chiccamauga, killed the young man and burned him. Jennings they knocked down and were about to kill him, but were prevented by Rogers, an Indian trader, who paid a price agreed on for him in goods. Mrs. Jennings, however, and the negro woman succeeded in unload- ing the boat, but chiefly by the exertions of Mrs. Jennings, who got out of the boat and shoved it off. The boat started sud- denly, and Mrs. Jennings was in danger of being left standing upon the rock. They made a wonderful escape. Mrs. Peyton (her daughter) was in this boat. She had been delivered the night before of a child, which unfortunately was killed on this day in the hurry and confusion which overtook them. Mrs. Peyton, notwithstanding these severe trials, and being wet and cold and without nourishment from the time the boat ran on the rock till the 10th of March, still preserved her health and did well. The heroines of this day were not Amazons, but they resembled the women of Sparta, who preferred a firmness of soul and intrepidity in danger to all other qualities, and reward- ed those with their esteem who possessed these inestimable virt- ues. Whoever has made the experiment has become convinced that they have transmitted these qualities without mixture to their posterity. On the 11th of March, 1780, after distributing the family of Jennings into different boats, the emigrants proceeded down the river, and at night encamped on the north side. On Tues- day, the 12th of March, 1780, they came to an Indian village, as it was supposed to be from the crowing of the cocks. Here the Indians fired upon the people in the boats again, without doing them any damage. About 10 o'clock they came in sight of the Muscle Shoals, and landed on the north side above the shoals. It had been concerted and agreed upon that Capt. James Rob- ertson, who left Big Creek early in the fall of 1779, should pro- ceed through Kentucky to the Big Salt Spring on the Cumber- land River, with several others in company; and from the Big- Salt Spring should come across the country to the upper end of the Muscle Shoals, and there make signs by which the boatmen 104 Haywood's history of Tennessee. might know that he had been there, and that it was practicable for them to go thence across by land to the Big Salt Spring. To the great disappointment of the emigrants now landed at the Muscle Shoals, they could not find any signs there. They con- cluded not to make the attempt to go by laud, but to go down the river; well apimsed, however, of the great risk they incurred in prosecuting their journey down the river. After trimming their boats in the best possible manner, they passed the shoals before night. When they approached the shoals they had a most dreadful appearance. The water being high, they resound- ed to a great distance; but Providence preserved them from this danger, and they passed through the shoals unhurt. They passed them in about three hours. They had been represented to Col. Donaldson to be twenty-five or thirty miles long, but from the time taken to pass through them he did not believe them to be of that length. On that night they encamped on the north shore, near the lower end of the shoals. On the 13th of March, 1780, they continued to move down the river, and encamped at night on the north side. On Tuesday, the 14th of March, 1780, early in the morning, they recommenced the voyage. Two of the boats, approaching too near the shore, were fired upon by the Indians. Five of their crew were wounded, but not danger- ously. At night they encamped near the mouth of a creek. After kindling their fires and j^reparing for rest, they were alarmed by the barking of their dogs, and supposed that the In- dians were approaching their camp. They went to their boats precipitately, and fell down the river a mile and a half, and came to on the opposite shore, and there remained for the night. In the bustle and confusion which they were in they left in the camp they retreated from an old African negro asleep at the fire. In the morning Mr. CafPrey and John Donaldson, the younger, took a canoe and crossed the river, and returned to the deserted camp, where they found the negro at the fire, still asleep. Such of the movers as had left their property at the camp then re- turned and collected it. On the 15th of the month they got under way, and on the five following days, meeting with no obstructions to delay them, they came to the mouth of the Tennessee and landed on the lower point, immediately on the bank of the Ohio. Here, unexpect- edly, they found themselves in difiicult circumstances. The wa- Haywood's history of Tennessee. 105 ters were high, the current rapid, and their boats were not con- structed for stemming a rapid stream. Their provisions were exhausted, and the crews were almost worn down with hunger and fatigue. They knew not what was the distance to their place of destination, nor the time that it would take to perform their jour- ney thither. Several boat-crews resolved not to attempt the nav- igation of the river against the rapid current it presented; some determined to go down the river to Natchez, and others to Illi- nois. Accordingly, on Tuesday, the 21st of March, 1780, they took an affectionate farewell of each other, each going in the di- rection he had chosen— some destined for Natchez, some for Il- linois, and some for the Cumberland. The common dangers in which they had all been so lately involved, and the friendlj^ in- tercourse which these dangers had produced, and the confidence which these trials had inspired in each other, made this sej^ara- tion peculiarly painful. They were never to see each other again. To be thus separated, when recollections of endearment perpetually rushed into the mind, was a privation which souls true and generous as these could not sustain without a severe shock. Reluctantly they parted in sorrow, breathing their mut- ual benedictions and putting up their silent prayers to heaven with sympathies of the highest excitement. The "Adventure " and the boats which accompanied her went up the Ohio. They made but little way on that day, and encamped on the south bank of the Ohio, suffering on that and the two following days much uneasiness from hunger and fatigue. On the 24th of March, 1780, they came to the mouth of the Cumberland River, but its size was so much less than they had expected to find it that some would not believe it to be the Cumberland. It flowed in a gentle current. They had heard of no river on the south side of the Ohio between the Tennessee and the Cumberland, and they determined to go up this as the Cumberland; and they did so. On Saturday, the 25th of March, 1780, the river seemed to grow wider, the current was very gentle, and they were now con- vinced that it was the Cumberland. Col. Donaldson formed a small square sail upon his vessel on the day that they left the mouth of the river, and derived much assistance from it. They were obliged to keep near the shore, in a great measure, to get the vessel along; and very often by the assistance of the trees and 106 HAYWOOD'S HISTORY OF TENNESSEE. bushes near the bank. They were apprehensive that should the> Indians discover their situation, a few of them might defeat the expedition and massacre the most of the crews. They threw themselves devoutly and confidently upon the protection of the Almighty. That confidence is seldom, if ever, disappointed, and it was not upon the present occasion. On Sunday, the '26th of March, early in the morning, they continued their roiite up the river, and got some buffalo meat„ which, though poor, was a welcome acquisition. On Monday, the 27th, they killed a swan, which was very delicious. On Tues- day, the 28th of March, they got some more buffalo meat. On Wednesday they progressed up the river, and got some herbs in the Cumberlaud bottom which some of the crew called Shawnee salad. They boiled it in water. It was a poor dish, and only just better than nothing. On Thursday, the 30th of March, 1780, they got some more buffalo meat, still going up the river, and there encamped on the north side. On Friday, the 31st of March, they set off early in the morning, and after run- ning some distance they came to the place where Col. Richard Henderson was encamped on the north side of the river. He, it seems, had come in company with those who had run the line to this place between North Carolina and Virginia. He gave to Col. Donaldson and his associates all the information they de- sired; and, further, he informed them that he had purchased a quantity of corn in Kentucky for the use of the Cumberland settlement. The crews were now without bread, and were obliged to hunt the buffalo and feed on his flesh. On Saturday, the 1st of April, 1780, they still went up the river, and so did until the 12th, at which time they came to the mouth of a small river running in on the north side, and which by Moses Renfro and his company was called Red River. Up this river they determined to settle, and here they took leave of Col. Donaldson and his associates, the "Adventure" and other boats still going slowly up the river, the current becoming more rapid than it was farther down. On the 21st of April they reached the first settlement on the north side of the river, below the Big Salt Lick, which was called Eaton's Station after a man by that name, who with other families had come through Ken- tucky and settled there. On the 24th of April, 1780, they came to the Big Salt Lick, Haywood's history of Tennessee. 107 where they found Capt. James Robertson and his company, and where they were gratified at meeting those friends whom but little before it was doubtful whether they should ever see or not. They there also found a few log cabins, erected by Capt. Rob- ertson and his associates on a cedar bluff on the south side of 1/ the river, at some distance from the Salt Springs. Some of those who came with Col. Donaldson, the whole of them not be- ing recollected, were Robert Cartwright and family, Benjamin Porter and family, Mary Henry (a widow ) and her family, Mary Purnell and her family, James Cain and his family, Isaac Neely and his family, John Cotton and his family, old Mr. Rounsever and his family, Jonathan Jennings and his family, William Crutclifield and his family, Moses Renfroe and his family, Jo- seph Renfroe and his family, James Renfroe and his family, Solomon Turpin and his family, old Mr. Johns and his family, Francis Armstrong and his family, Isaac Lanier and his family, Daniel Dunham and his family, John Boyd and his family, John Montgomery and his family, John Cockrill and his family, John Donaldson and his family, John Caffrey and his family, John Donaldson, Jr., and his family, Mrs. Robertson (the wife of Capt. James Robertson), John Blackmore, and John Gibson. Some time afterward. Col. Donaldson and his connections went up the Cumberland to Stone's River, and up it to a place now called Clover Bottom, and there built a small fort on the south side of the river. Being some time afterward incommoded by freshets, and the water rising so as to drown the fort, he re- moved to the other side of the river. About this time Dr. Walker, one of the Virginia commissioners for running the boundary line between Virginia and North Carolina, arrived at the bluff. Henderson soon afterward erected a station on Stone's River, at the place called Old Fields, now Clover Bottom, and he remained there a considerable time. AVhen he left that place for North Carolina, the station broke up, and the inhabitants re- moved to the French Lick Station. Whilst there he sold lands to divers persons, under the deed made by the Indians to him- self and partners in 1775. He sold one thousand acres per head, at the rate of ten dollars per thousand. When he received the money, he gave a certificate which entitled the holder at a fut- ure time to further proceeding in the land office. Col. Hender- son had two brothers with him, Nathaniel Henderson and Pleas- 108 HAYWOOD'S HISTORY OF TENNESSEE. ant Henderson. The former kept a book in which were record- ed the entries of land which were purchased from the colonel, and were intended to be afterward secured to the purchasers. The right of the Indians to the soil was then much less defined and understood than at this day. It had been an established maxim of national law amongst the European monarchs who em- braced the doctrines of the Reformation that the pope had not — as he formerly pretended — as the vicegerent of Christ and the successor of St. Peter, a right to dispose of all unsettled and in- fidel countries; but, on the contrary, that the first discoverer of such places who took possession in the name of their sovereign entitled the country of the discoverer to the dominion and sov- ereignty of the soil. Without this maxim the rights to lands within chartered limits are without a solid basis to support them. The maxim, it is true, is beyond the limits of ordinary compre- hension, and, like compensation in the case of common recovery, is founded upon a presumption which the law will not suffer to be disproved. Its best support is found in another consanguin- eous maxim, which is that "de legihus uoii efif (lispiitan(ht)ny The right to the soil being thus established in the community, and the right of the Indians being only usufructuary — and that too by the favor and permission of the allodial owners, the State, or the com- munity — in consequence it follows that no individual purchase can be valid. Upon this gound it was that such purchases were forbidden, both under the regal government and by the Consti- tution of North Carolina, ( When the first settlers came to this bluff in ip9-80, the country had the appearance of one which had never been cul- tivated. There were no signs of any cleared land nor other appearance of former cultivation. Nothing was presented to the eye but one large plain of woods and cane, frequented by buffaloes, elk, deer, wolves, foxes, panthers, and other animals suited to the climate. The land adjacent to the French Lick, which Mr. Mansco in 1769 called an old field, was a large, open piece, frequented and trodden by buffaloes, whose large paths led to it from all parts of the country, and there concen- tered. On these adjacent lands was no undergrowth nor cane as far as the creek reached in time of high water; or, rather, as far as the backwater reached. The country, as far as to Elk River and beyond it, had not a single permanent inhabitant ex- HAYWOOD'S HISTORY OF TENNESSEE. 109 cept the wild beasts of the forest, but it had been inhabited many centuries before by a numerous population. At every last- ing spring is a large collection of graves, made in a particular way, with the heads inclined on the sides and feet stones, the whole covered with a stratum of mold and dirt about eight or ten inches deep. At many springs is the appearance of walls in- closing ancient habitations, the foundations of which were visi- ble wherever the earth was cleared and cultivated, to which walls intrenchments were sometimes added. These walls sometimes inclose six, eight, or ten acres of land; and sometimes they are more extensive. Judging from the number and frequency of these appearances, it cannot be estimated but that the former inhabitants were ten times, if not twenty times, more numerous than those who at present occupy the country. Voracious time has drawn them, with the days of other ages, into her capacious stomach, where, dissolving into aliments of oblivion, they have left to be saved from annihilation only the faint and glimmering chronicles of their former being. Were it not for the short al- phabet which we now have, possessing the wonderful power of perpetuating the existence of things in some future age, the fresh-born man of the day, traveling over the remains of our- selves, might find himself puzzled with the perplexing question: What human being formerly lived here? Early in January, 1780, a party of about sixty Indians from the Delaware tribe came from toward Caney Fork of the Cum- berland River, and passed by the head of Mill Creek, on a branch of which they encamped, whence it has since been called Indian Creek. They thence proceeded to Bear Creek, of the Tennessee, and continued there during the summer. This is supposed to be the first party which molested the whites on the Cumberland. CHAPTER IV. Sevier Made Colonel Commandant of Wasliington in 1781 — Commissioners to Treat with the Indians — Cherokees Embodied to Fall on tiie Frontiers — Martin Marches to the Nation — Sevier Marciies to the Middle Settlements and Tuok- asejah; Killed Fifty Men; Made Prisoners Fifty Women and Children; Burned Fifteen or Twenty Towns — Sevier Attacked an Indian Camp on Indian Creek; Killed Fifteen — Indians Made Peace in the Summer of 1781 — ^Lord Cornwal- lis — Gen. Greene — Col. Morgan — Sevier and Shelby — Resolution of the Assem- bly of North Carolina — Col. Arthur Campbell — Col. William Preston, Slielby, and Sevier March to South Carolina — Join Marion — Post near Monk's Corner Taken — Battle of Eutaw — Surrender of Lord Cornwallis — Desperation and Flight of the Tories into the Cherokee Nation — Gen. Pickens Requested of Sevier to Make the Indians Drive Them Away — The Practice of Plundering Had Greatly Increased — Severely Reprobated by Gen. Pickens — Land Ofhce Closed by the Assembly in 1781 — Indian Hostilities in 1782 — Expedition by Se- vier to Chiccamauga, and Thence to Will's Town and Other Towns; Killed Some of the Indians; Burned Their Towns — The War of the Revolution Ended — Land Office Opened in 1783, and an Office for the Military Lands — Tiie Western Boundary Enlarged — Hunting-grounds Reserved for the Clierokees — Greene County — Bounds of the Military Lands — John Armstrong's Office^ Locality of Entries Fixed — Judicial Decisions — Surveyor of Greene County — Settlements, Extent of, 1783. ON the 3d of February, 1781, Gov. Nash signed a commis- sion appointing Sevier to be the Colonel Commandant of Washington County; and on the 6th of the same month Gen. Greene, by commission, authorized William Christian, William Preston, Arthur Campbell, and Joseph Martin, of Virginia; and Robert Lanier, Evan Slielby, Joseph Williams, and John Sevier, of the State of North Carolina, or any five of them, to meet com- missioners to be appointed on the part of the Cherokees and Chickasaws, for the purpose of adjusting the respective limits of each party, for exchange of prisoners, a suspension of hostil- ities, and the conclusion of peace; or any thing else, for the es- tablishment of harmony and a good understanding between the parties, subject to the confirmation of Congress. They were to observe the boundary line between North Carolina and Virginia, and to exchange such pledges for the observance of the treaty to be concluded on as might be thought necessary. And were to call on the militia to prevent future encroachments on the Haywood's histoky of Tennessee. Ill Indian lands; and to call on the Indians to appoint proper com- missioners from among themselves to go to Congress, for the obtaining of such enlargement and confirmation of the treaty as may appear to them requisite. This commission was to continue in force till revoked by the commanding officer of the Southern Department, or by Congress. Notwithstanding these overtures on the part of the United States, and severe punishment so lately inflicted upon them, the Indians had but little, if at all, abated their invincible passion for war and glory, which con- stantly agitates the savage breast. In the month of February, in this year, Col. Joseph Martin lived upon the Long Island of the Holston, opposite to which, on the east side, was a fort, built by Col. William Christian in 1776, which was garrisoned, up to 1781, with men raised on the Holston and Watauga. In this month he received notice by the Indian traders. Grant Williams and Archibald Coody, that the Cherokees were embodied, and would be upon the frontier as soon as the latter could be prepared for them. He collected three or four hundred men at the Long Island, and marched from thence to the Indian towns. He crossed the Holston with his troops, and went to the Watauga; thence to the Nolichucky, the French Broad, Little River, the Tennessee, the Tellico, Old Chota, and to the Tamotley. They burned and destroyed the corn belonging to the Indians, and killed some of them. They met the Indians between the Little Tennessee and the Tellico, and fought with and defeated them. They took twenty or thirty Indian prisoners, and returned home by the same route they came. Col. Campbell arrived at the Long Island, and dis- patched runners to discover where the troops under Martin were. They met the latter returning. Col. Campbell remained at the Long Island three months, giving to the inhabitants there all the assistance in his power against the common enemy. The Indians still persevering in their hostile course, which they had for some time pursued, a number of men to the amount of one hundred and thirty collected together, in March, 1781, in the Greasy Cove of Nolichucky River, with Col. John Sevier at their head, and marched into the Middle Settlements of the Cherokees (on the head waters of Little Tennessee River), and entered the town of Tuckasejah, where they killed fifty men, and made prisoners fifty women and children, ten of whom re- 112 Haywood's history of Tennessee. sided with Col. Sevier three years before they were exchanged. Then they were delivered to Col. Joseph Martin, and by him were restored to their own nation. In the vicinity o£ Tuckase- jah they burned fifteen or twenty towns and all the granaries or corn they could find. The whites had one man killed and one wounded, who recovered. In the summer of this year (1781^ Col. Sevier attacked a camp of the Inrfiians on Indian Creek. They had come into the neigh- borhood of the frontiers to plunder. He went from Washing- ton County with troops, supposed to be one hundred; crossed the French Broad at the War Ford ; crossing, also, the Big Pig- eon at the War Ford. He arrived at their camp, and the whites made the attack. The latter surrounded the camp of the In- dians, and killed seventeen of them; the rest fled in a body, supposed to be thirty. He returned with his troops by nearly the same route. So many severe chastisements induced the In- dians to wish for peace, and it was made with them without dif- ficulty in the summer of 1781. The year 1781 was signalized by more military action in the States of South Carolina, North Carolina, and Virginia than had been exhibited there during the whole war. The tories were everywhere in arms, committing the most shocking barbarities. A large body of British troops pressing upon a corps of Amer- ican troops, under the command of Col. Morgan, with more pre- cipitancy than suited their circumstance and with a contempt of the ailnoyance which he could give them, which but little befitted the vigilance of a prudent commander, had fallen into an ambus- cade which Morgan had prepared for them, and in a moment when they expected no danger were involved in irretrievable ruin, and were compelled, to the number of nearly one thousand men, to throw down their arms and surrender themselves pris- oners. Col. Tarleton, with a small remnant only of the British troops, escaped, and fled with the utmost precipitation to the main body of the British forces, so closely followed by an Amer- ican officer of great celebrity as to render his evasion extremely difficult. Morgan, knowing the value of his prize, determined immediately to proceed with the utmost dispatch to some place^ in Virginia where his prisoners could be securely lodged. Lord Cornwallis followed him without the loss of a moment's time;, and Gen. Greene, fearful of the consequence of permitting his Haywood's history of Tennessee. 113 Lordsliip to repossess himself of tlie prisoners, with equal diligence inarched to join the troops under his immediate com- mand to those who were with Col. Morgan. He joined him accordingly, and was so closely followed by Lord Cornwallis that in many places on the road the van of the advancing army and the rear of the retreating army were in view at the same time. The pursuit was continued to Dan River, on the confines of Virginia; but the prisoners were advanced to a place of safe- ty, and the pursuit, no longer having an object, was discontin- ued. Gen. Greene, receiving re-enforcements both from Vir- ginia and North Carolina, became in his turn the pursuer. He followed his Lordship with cautious steps to Hillsboro, in North Carolina, and thence to Guilford Court-house, where he engaged his army for some hours, and so much disabled it as to make it necessary for them to retreat to Wilmington. Gen. Greene followed close upon their heels for some time, and at length turned off to South Carolina to drive the British outposts into Charleston and to suppress and punish the insurgent tories. Lord Cornwallis, after refreshing his troops for some time in Wilmington, marched by way of Halifax into Virginia, where by fate he was finally conducted to Little York. While the British were thus in pursuit of Gen. Greene's army, the Assembly of North Carolina, then in session at Halifax, turned their eyes to Shelby and Sevier, and rested their hopes upon them. They resolved, on the 13th of February, that Col. Isaac Shelby, of Sullivan County, and John Sevier, Esq., of Washington County, be infoi^med by this resolution, which shall be communicated to them, that the General Assembly of this State are feelingly impressed with the very generous and patri- otic services rendered by the inhabitants of the said counties, to which their influence has to a great degree contributed. And it was urgently urged that they would press a continuance of the same active exertion; that the state of the country was such as to call forth its utmost powers immediately, in order to preserve its freedom and independence; and that we may profit by the assist- ance of our friends in Virginia, as they have occasionally by us as emergences induced them to avail of it, we suggest our wishes that Col. Arthur Campbell and Col. William Preston, of Virginia, through the gentlemen mentioned, may be informed that their spirited conduct heretofore, in favor of the Southern States, a£- 8 114 Haywood's history of Tennessee. fords us the most perfect assurance that they will make every active and effectual exertion at the present critical moment in favor of this State. Gov. Caswell, an intimate acquaintance of Col. Shelby, de- picted to him the melancholy circumstances of his own State. A part of the British forces, under the command of Maj. Craig, to the number of four hundred, with about five hundred tories, had marched from Wilmington to Newbern, by way of Duplin, Dobbs, and Jones Counties. They repulsed the militia in the respective counties as they passed through them, with little loss. At Newbern they destroyed all the salt, rum, sugar, and mer- chandise of every kind; burned and destroyed the few vessels which were in the harbor. From thence they marched up the Neuse road, passing by Gen. Bryant's, Capt. Heretage's, Mr. Longfield Cock's; and across by Daniel Shiner's, on the Trent, by the head of New River, and returned to Wilmington, The tories were in motion all over North Carolina, and their foot- steps were marked with blood, and their path was indicated by the most desolating devastations. Gov. Caswell conjured him to turn to the relief of his distressed country. Shelby, however, consulted his own judgment upon the course which would ren- der the most essential service to the common cause, and deter- mined to assist in clearing South Carolina of all the British and tories who were stationed at places without the precincts of Charleston. The scenes of action were in South Carolina and Virginia. North Carolina was left to fall or be supported by the event of the transactions which were then going on. The tories, how- ever, were very indefatigable in their endeavors to enslave their country, and every day some life was sacrificed to their implaca- ble fury. A considerable body of them, under the command of Fleming, stole very unexpectedly into Hillsboro, on the 12th of September, and made prisoner Gov. Burke, with several other persons of note, and marched toward Wilmington. The Amer- ican troops succeeded in dislodging the British from nearly all the stations which they occupied beyond the limits of Charles- ton, and finally so straitened them for want of room and provis- ions as to force them to action at the Eutaw Springs, on the 8th of September, in which the American army captured five hun- dred of them and one thousand stands of arms. HAYWOOD'S HISTORY OF TENNESSEE. 115 About the same time a French fleet arrived in the Chesapeake Bay, with a considerable body of land forces on board, with a view to co-operate in the reduction of Lord Cornwallis and all his troops to the surrender of themselves as prisoners of war to the armies of the United States. At this crisis, on the 16th of September, Gen. Greene w^rote to Col. Sevier. He gave informa- tion to the colonel of these several events, and of the suspicions which were entertained that Lord Cornwallis would endeavor to escape by marching back' through North Carolina to Charleston ; to prevent which Gen. Greene begged of the colonel to bring as large a body of riflemen as he could, and as soon as possible to march them to Charleston. Col. Sevier immediately raised two hundred men in the county of Washington, and marched to the relief of the well affected in South Carolina, who were suffering extremely by the cruelties which the tories were in- flicting upon them. He joined his forces to those of Gen. Mar- ion, on the Santee, at Davis's Ferry, and contributed in no small degree to keep up resistance to the enemy, to raise the spirits of those who were friendly to the American cause, and to afford an asylum to those who were in danger from the infuri- ated tories. Lord Cornwallis was now besieged in Torktown, and his retreat through North Carolina being no longer apprehended, and as the enemy in South Carolina were ravaging the country in the parish of St. Stephens, Gen. Greene, with a design of putting a stop to their depredations and straitening them in the articles of supplies, endeavored, on the 11th of October, to col- lect a force sufficient to drive them into Charleston; but he awaited the arrival of Sevier to begin his operations. On the 19th Lord Cornwallis and the army under his com- mand surrendered to the arms of the United States and France. The war between the whigs and tories had grown to be a war of extermination, and quarter was neither asked nor expected on either side. Col. Shelby likewise was called down to the lower country, about the last of September, to aid in intercepting Lord Cornwallis, at that time blockaded by the French fleet in the Chesapeake, and who it was suspected would CTjdeavor to make good his retreat through North Carolina to Charleston, but when his Lordship surrendered in Virginia both Shelby and Sevier were attached to Marion's camp below, on the Santee. Shelby and Sevier consented to this with some reluctance, as 116 HAYWOOD'S HISTORY OF TENNESSEE. their men were only called out for sixty days, and Shelby was a member of the North Carolina Assembly, which was to meet at Salem in the beginning of December following. They, however, joined Marion early in November, with five hundred mounted riflemen. The enemy, at that time under Gen. Stewart, lay at a place called Ferguson's Swamp, on the great road leading to Charleston. Gen. Marion received information several weeks after their arrival at his camp that several hundred Hessians at a British post near Monks' Corner, eight or ten miles below the enemy's main army, were in a state of mutiny, and would sur- render the post to any considerable American force that might appear before it; and he soon determined to send a detachment to surprise it. Sevier and Shelby solicited a command in the detachment. Marion accordingly moved down eight or ten miles, and crossed over to the south side of the Santee Kiver, from whence he made a detachment of five or six hundred men to surprise the post, the command of which was given to Col. Mayhem, of the South Carolina Dragoons. The detachment consisted of parts of Sevier's and Shelby's regiments, with May- hem's Dragoons — about a hundred and eighty — and twenty or thirty lowland militia. They took up the line of march early in the morning; traveled fast through the woods, crossing the main Charleston road, leaving the enemy's main army some three or four miles to the left; and on the evening of the second day again struck the road leading to Charleston, about two miles be- low the enemy's post which they intended to surprise. They lay upon their arms all night across the road, to intercept the Hessians, in case the enemy had got notice of their approach and had ordered those Hessians to Charleston before morning. In the course of the night an orderly sergeant of the enemy, from their main army, rode in amongst the American troops and was taken prisoner. No material jaaper was found upon him that night, which was very dark, before he made his escape, except some returns which contained the strength of the enemy's main army and their number on the sick list, which was very great. As soon as daylight appeared, Mayhem, with those under his command, advanced to the British post and sent in a confiden- tial person to demand the immediate surrender of the garrison, who in a few minutes returned and reported that the officer commanding would defend the post to the last extremity. Haywood's histoky of Tennessee. 117 Shelby then proposed to Mayhem to go himself and make an- other effort to obtain a surrender, which he readily consented to. Shelby approached the garrison and assured the com- mander in chief that should he be so mad as to suffer a storm every soul within would be put to death, for there were several hundred mountaineers at hand who would soon be in with their tomahawks upon the garrison. The officer in- quired of Shelby if they had any artillery, to which he replied that they had guns which would blow him to atoms in a moment, upon which the officer said, " I suppose I must surrender," and immediately threw open the gate, which Mayhem saw and ad- vanced quickly with the detachment. It was not until this mo- ment that the American officer saw another strong British post five or six hundred yards to the east, which they understood was built to cover a landing on Cooper River. The garrison, about one hundred strong, and forty or fifty dragoons, marched out as if with a design to charge the American troops; but soon halted, seeing that the latter stood firm and were prepared to meet them. Mayhem took one hundred and fifty prisoners, all of them able to have fought from the windows of a brick building which was there and from behind the abatis ; ninety of them only were able to stand or march that day to the American camp, which was nearly sixty miles distant Mayhem paroled the remainder, most of whom appeared to have been sick, but were then convalescent. Gen. Stewart, who commanded the main army, eight or ten miles above, made great efforts to intercept this detachment on its re- turn; but Mayhem, with those under his command, arrived at Marion's camp about 3 o'clock the morning following, and there it was announced before sunrise that the whole British army was in the old field, three miles off, at the outer end of the causeway that led into Marion's camp. Sevier and Shelby were ordered out with their regiments to attack him, should he ap- proach the swamp, and to retreat at their own discretion. On receiving information that Marion had been re-enforced with a large body of riflemen from the west, the enemy retreated in great disorder near to the gates of Charleston. About the 28th of November Shelby obtained leave of ab- sence to attend the Assembly of North Carolina, of which he was a member, which was to meet at Salem early in December, whence, in a day or two after his arrival, it adjourned to meet 118 HAYWOOD'S HISTORY OF TENNESSEE. again at Hillsboro in April, 1782. In 1782 lie was again a member of the Legislature, where he was appointed to adjust preemption claims in Cumberland and lay off the lands allotted to the State troops in the continental army. In the winter fol- lowing he and his colleagues performed that service, and imme- diately afterward he settled where he now lives in Kentucky. Sevier, with his troops, reached home early in January, 1782. The battle of Eutaw and the surrender of Lord Cornwallis covered the tories with dismay and confusion, mixed with des- peration. A great number of them took shelter among the Cherokees, and continued to threaten the neighboring countries with devastation. Gen. Pickens requested Col. Sevier to make the Indians drive them out of the country. Many and great were the miseries of these times, and, amongst tlie rest, the prac- tice of plundering, both by whigs and tories, had grown to an alarming excess, and had reduced both Georgia and South Car- olina to tlie most afflicting poverty. The Whigs, as they got pos- session of any valuable property, retired from the army to take care of it. Every soldier began to look for an opiDortunity to plunder, and when the officers gave countenance to their de- signs, insubordination immediately took place and discord en- sued. They thought no longer of defending the country, plun- der being the object of the common men; they thought it was also the object of the officers when in the least countenanced, and for want of confideuce in their superiors would no longer obey them. " Who are the virtuous few," said Pick jus, "who will defend the country which others are robbing of its riches, and not caring when the war will end?" Examples, he insisted, must be made to prevent this practice, or the country will con- quer itself. "The object of those who are in arms," said he, "is property ; they regard neither whig nor tory." A vast number of negroes and property were taken from South Carolina and Georgia and carried away, and a great number of free persons of color were seized and hurried from their acquaintances and friends into remote countries, where their color condemned them to slavery and where they had no means to procure the evidence which proved their freedom. But to the honor of the troops under Sevier and Shelby, no such captives or property came with them into the countries of their residences; their integrity was as little impeached as their valor. Haywood's histoby of Tennessee. 119 The Assembly of North Carolina, in June, 1781, consid- ering the great pressure of the times, the difficulties which had arisen from the defeat of the American army under the command of Gen. Gates, in August, 1780, at Camden, as likewise from the consequent irruption of the British forces into North Carolina; considering also the general insurrection of the tories and the numerous devastations they were every- where committing, together with the astonishing depreciation of the paper money occasioned by these events, deemed it expe- dient to close the land office, and they did so. It was not opened again till after the war was terminated. Not a moment of re- laxation was now left froni the toils and dangers of war; its ravages were carried to every plantation and family in all parts of Georgia and South Carolina, and in many parts of North Carolina; the horrors of war were exhibited in every shape which it can put on. This state of things continued without material alteration through the whole of the year 1782. The Indians re- tained their deep-rooted animosities, and in September of this year were hurried by revengeful spirits to the frontiers. The Chickamauga Indians and those of the lower Cherokee towns went thither with some of the Creeks, killed some of the set- tlers, and took away their horses. CoL Sevier immediately summoned to his standard a luriidred men from the county of AVashington, and was joined by CoL Anderson with seventy or seventy-five from Sullivan, all of whom rendezvoused at the Big Island on French Broad River, and from thence marched to the upper towns of the Cherokees, who were at peace. There they procured John Watts, who afterward became a celebrated chief of the Cherokee Nation, to conduct them to Chiccamauga, and from thence to Will's Town and to Turkey Town, thence to Bull Town and to Vann's Town, and thence by the Hiwassee to Chesto. In this expedition they killed some of the Indians, and, as usual, burned their towns. They returned home by way of the Big Island in the French Broad Eiver. The officers in this ex- pedition, who were of grades inferior to those of Col. Sevier, were Jonathan Tipton and James Hubbard; the captains were McGreen and others. They camped on the first day on Ellijay; on the second they crossed Little Eiver and encamped on Nine Mile Creek; on the third they crossed the Tennessee at Cittico, and there held a council with the friendly Indians, at which 120 Haywood's history of Tennessee was present the Hanging Maw. They engaged to be at peace. On the fifth day they crossed the Tellico on the Hiwassee trace; on the sixth day they encamped on the Hiwassee Kiver, above the former agency; on the seventh they crossed the Hiwassee and encamped in an Indian town on the opposite bank; thence they marched to Vann's Town and destroyed it; thence to Bull Town, on the head of Chiccamauga Creek. John Watts there brought in a white woman by the name of Jane Iredell, who had been taken some time before^, and delivered her to the commanding officer. The troops destroyed Bull Town and marched to Coosa Biver, a distance of thirty miles. Near a village on the river they killed a white man who called himself "Clements." He had papers which showed that he had been a British sergeant. He was then with an Indian woman called Nancy Coody. Thence they marched to Spring Frog Town; thence up the Coosa to Estanaula and destroyed it ; thence through the old Hiwassee towns to Chota, on the Tennessee Biver, where the friendly Indians and whites held a council; and thence the troops returned home. The War of the Bevolution, which had fallen with such de- structive weight upon the Southern States, was now drawing to a close. Every heart palpitated with joy at the prospect of peace and independence. The opening of the year 1783 found them in possession of both; the storm of civil discord was tranquillized, and the whole community became intent upon the reparation of the shattered population and fortunes of the country. The foundations of a magnificent structure were laid, which will one day tower to the heavens and be viewed with admiration by the whole earth, unless the builders, like those of the Tower of Babel, shall, by disunion and confusion, be dispersed in fragments to all parts of the earth. The Assembly of North Carolina began immediately to pre- pare for the extinction of her national debt, and for paying the arrears then due to the officers and soldiers of that part of the continental line which was raised in the State of North Carolina. The people had then a lively and stimulating sense of the great obligations they were under to this patriotic band of heroes. But soon it began to die away, and after a short space the im- pressions which were once so deep were no longer discernible. In May, 1783, they opened an office for the sale of western lands. Haywood's history of Tennessee. 121 Witliout any previous consultation with the Indians they en- larged the western boundary. Beginning on the liue which di- vided that State from Virginia, at a point due north of the mouth of Cloud's Creek, running thence west to the Missis- sippi; thence down the Mississippi to the thirty-fifth degree of north latitude; thence due east until it strikes the Appalach- ian Mountains; thence with the Appalachian Mountains to the ridge that divides the waters of the French Broad Kiver and the waters of Nolichucky River, and wnth that ridge until it strikes the line described in the act of 1778, commonly called Brown's line; and with that line and those several water-courses to the beginning. But they reserved for the Cherokee hunting- grounds a tract of country beginning at the Tennessee, where the southern boundary of North Carolina intersects the same nearest to the Chiccamauga towns; thence up the middle of the Tennessee and Holston to the middle of the French Broad Biver, which lines are not to include any island or islands in said river, to the mouth of Big Pigeon Eiver; thence up the same to the head thereof; thence along the dividing ridge between the wa- ters of Pigeon Biver and Tuckasejah Biver to the southern boundary of this State. At the same session they divided the county of Washington again and formed a part of it into Greene County. The dividing line began at William Williams's, in the fork of Horse Creek, at the foot of Iron Mountain; thence a di- rect course to George Gillespie's house, at or near the mouth of Big Limestone; thence a north course to tlue line which divides the counties of Washington and Sullivan; thence with said line to the Chimney Top Mountain; thence a direct course to the mouth of Cloud's Creek, on the Holston Biver. That part of Washington which lay to the west of this line was thenceforward to be the county of Greene. The Assembly also laid off a district for the exclusive satisfaction of the officers and soldiers in that part of the late continental line which was raised in North Caro- lina. The claims to be satisfied were founded upon certain promises held out to them by the Legislature of North Carolina in May, 1780. They shortly afterward provided that in case of a deficiency of good laud in this district to satisfy their claims, the same might be entered upon any vacant lands in this State, which should be appropriated for their satisfaction by grant. On the 20th of October, in the year 1783, according to an act 122 Haywood's history of Tennessee. passed for the purpose in May, John Armstrong's office was opened at Hillsboro for the sale of western land included in these reservations or in the counties of Washington and Sul- livan, at the rate of ten pounds specie certificates per hun- dred. These certificates were issued by Boards of Auditors appointed by public authority for services performed, and ar- ticles impressed or furnished in the time of the Revolution- ary War were made payable in specie. The lands were to be entered in tracts of five thousand acres, or less, at the option of the enterer. Vast numbers of persons crowded to the oflice, and were so clamorous and disorderly that no business could be done in the office till the 23d, before which time they agreed to settle by lot the order in which their locations should be presented to be entered in the entry-taker's book. By the 25th of May, 1784, vast quantities of land were entered, and certificates to a very large amount had been paid into the public offices. A provision in the laws directing surveys to be made to the car- dinal points rendered it wholly unnecessary to resort to such constructions for fixing the localities of entries as the judges of Kentucky were forced to resort to for want of that provision. In this State, if a beginning were called for, and the direction of the survey could be ascertained by implication from the words of the entry, immediately the court applied the courses in that direction to the beginning, as if the same had been exi)ressed in the entry as they were in the law; and the next line was de- termined by the objects it was to adjoin or include. The same precise certainty could not be attained when an object was to be included, and it was not said in the entry in what part of the survey. But the law cured this mischief also, for it directed the surveys to be made in the same order in which the entries had been; and when that was done, the unappropriated lands left for the subsequent enterer were distinguishable and certain. The latter enterer had nothing to do but wait till the former entry was surveyed, and then, without incurring the least risk, he might proceed to make his survey. Many enterers, however, would not abide by these provisions, and made surveys before those on former entries had been completed. The consequence was that very frequently subseqiient surveys upon former entries included within their bounds part of the lands surveyed for latter entries. The judges gave preference to the latter grant upon a former en- Haywood's history of Tennessee; 123 try, if the survey were made upon that entry as the law di- rected. To prevent this relation of title to the date of the entry, attempts were made to define special entries, so as to ex- clude the one in question, to which preference by relation was claimed from that character. But the judges very wisely gave to entries such interpretations as would save them from destruc- tion, whenever it could be done. At length, the attempt was made in imitation of the Kentucky decisions, to centralize in the survey the objects called for in the entry; than which nothing could have produced more confusion nor a greater disturbance of title. These innovations received some countenance at first, but at length the supreme tribunals of the country have given them such a decided condemnation by many repeated determi- nations, as nearly to put to rest the numerous controversies which were likely to spring up from them. By a subsequent law of the next session, the surveyor of Greene County was allowed to survey all lands for which war- rants might be granted by John Armstrong, lying westward of the Appalachian Mountains, and including all the lands on the waters of Holston from the mouth of French Broad Biver up- ward to the bounds of Washington and Sullivan Counties, exclu- sive of the entries made by the entry-taker of Greene County. The settlements, in the year 1783 and in the next year, ex- tended as far as to the Big Island in the French Broad Biver, thirty miles above Knoxville, and thirty to Little and Big Pig- eon Bivers. There were also a few settlements on Boyd's Creek. On the north side they had not reached as low down as where Bogersville now is, but only as far as Big Creek, three or four miles above. CHAPTER V. Persons Killed and Wounded by the Indians in 1780 — Whites Routed and the Greater Part Killed on Battle Creek — Leiper Routs a Party of Indians — The Crew of a Boat All Killed on Stone's River — Hunters Supplied the Settlers with Meat — Many of tJie Settlers Removed to Kentucky, and Some to Illinois — Lands Promised the Soldiers in 1780 by a Resolution of the Assembly of North Carolina — Freeland's Station Attacked, 1781 — Great Devastations Com- mitted by the Indians; Those in DifFereat Stations Fled to the Bluffs; Many Removed to Kentucky or Went Down the River — Battle of the Bluff — Indian Ambuscade — Persons Killed — Killed and Wounded 1782 — Custom When Two or More of the Iniiabitants Met — Proposition Made to Break up the Settle- ments — Capt. Robertson Earnestly Opposes It — His Reasons — Persons Killed in 1782 — Right of Preemption Allowed to the Settlers in Cumberland by the Assembly of North Carolina — Court of Equity Established — New Settlers from North Carolina in 1782 — Commissioners and Guard in 1783 to Lay Off the Military Lands — Settlers Encouraged by Their Presence, and Their Strength Added To — Relinquish the Design of Removal — Gen. Greene's Lands Laid Off — Continental Line — Officers' and Soldiers' Line — Lands not Purchased by Individuals for Their Own Use from the Indians — Col. Henderson — Grant of the Assembly to Him and His Partners for Their Trouble — Davidson County — Officers, Civil and Military, Appointed — Domestic Government of the First Set- tlers — Entry Taken of Preemption Entries — Persons Killed and Wounded in . 1783 — Indians Invited to Conference by the Spaniards — Persons Killed and Wounded — Pruett's Battle with the Indians — Chickasaws Disturbed by the Land Law of 17S3 Passed by the Assembly of North Carolina — New Settlers in 1783 — Spain, and tiie Designs of Her Rulers — Mero's Invitation to Gen. Robertson. WE now enter upon a subject full of danger and hazard, of daring adventure and perilous exposure. He who is pleased with the storm and earthquake, and can behold with serenity national convulsions and the works of death, will now enjoy a repast in perfect association with his ferocious appetite. But let him who suffers at the tale of woe, and bleeds with the victims which barbarity sacrifices in vengeance for its w^rongs, cover his head with a mantle of mou.rning and fly to other scenes, consigning, as far as he is able, to the tomb of oblivion the events which are now to be recorded. Mr. Rains, on the same day that he crossed the Cumber- land River on the ice, went and settled on the land now called Deaderick's plantation. He remained there three months and (124) Haywood's history of Tennessee. 125 three or four days before the Indians did any harm to the settlers. But in the month of April, 1780, Keywood and Milliken, two hunters, coming to tho fort, stopped on Kichland Creek, five or six miles west from the bluff, and as one of them stepped down to the bank of the creek to drink the Indians fired upon Milli- ken, and killed him. Keywood escaped, and brought intelli- gence of this affair to the bluff. Mr. Kains then moved to the bluff, and continued there four years before he again settled in the country. The Indians soon afterward killed Joseph Hay on the Lick Branch. In less than ten days after killing Milliken a party of Indians came to Freeland's Station, and finding an old man, Bernard, making an improvement at a place then called Denton's Lick, they killed him, and cut off his head and carried it away. They were either Creeks or Cherokees. With the old man were two small boys, Joseph Dunham and William Dun- ham. They ran off and gave information to the people at Free- land's Station. Between Denton's Lick and the fort the Indians found a young man whom the boys had neglected to alarm. The Indians killed him, and cut off and carried away his head. His name also was Milliken. Soon afterward a party of In- dians, supposed to be Delawares, killed Jonathan Jennings, at the point of the first island above Nashville, in July or August. At Eaton's Station they killed James Mayfield, and at the same place, which is on the north side of the Cumberland Biver, a man by the name of Porter was shot by the Indians in the ce- dars, iu view of the station, in the day-time, and early in the spring season. About the time the Indians killed Jennings they also killed Ned Carver five miles above Nashville. His wife, with two children, escaped, and came to Nashville. This was done on the bluff of the river, on the north side, where William Williams, Esq., now lives. In a day or two afterward the same party killed William Neely at Neely's Lick, and took his daugh- ter prisoner. At Mansco's Lick, a little while before, they killed Jessie Balestine and John Shockley. They afterward killed David Goin and Bisby Kennedy at the same station, in the winter of the same year. In this year Mansco's Station was broken up in the winter-time. Some of the inhabitants went to Nashville and some to Kentucky. In November or December, at Eaton's Station, they shot Jacob Stump, and attempted to 126 Haywood's history of Tennessee. kill the old man, Frederick Stump, but he ran, and got safely into Eaton's Station after they had pursued him three miles. The Indians killed two persons at Bledsoe's Lick or on the creek near it. They killed W. Johnson in the woods on Barren River, in company with Daniel Mungle, who ran off. In the latter part of the year 1780 a company of Indians met Thomas Sharp Spencer in the woods, and on the path in which he was returning to the blulf with a load of meat. They fired at and missed him, but took his horses and went with them up the river. At Station Camp Creek they saw and took other horses which had strayed from a camp of white men that was near, but which the Indians did not discover. They went off with both sets of horses. At Asher's Station, two miles and a half from where Gallatin now is, some white men were in a cabin in the night-time. At break of day the Indians crept up to the cabins and fired into them. They killed and scalped one man, and wounded Phillips. They then went off toward Bled- soe's Lick, and met hunters who were returning to the bluff. They were Alexander Buchanan, James Manifee, AVilliam Ellis, Alexander Thompson, and one or two more. Buchanan killed one Indian, and another was wounded. The Indians ran off and left the horses they had taken from Spencer and Phillips. When the Indians came to Freeland's Station in May, the whites pursued them — namely, Alexander Buchanan, John Brock, and William Mann, with Capt. James Robertson and others, being in number twenty — to the neighborhood of Duck River (near where Gordon's Ferry now is, and near the Duck River Licks), where the pursuers came within hearing of them, and heard them cutting. The party of wdiite men dismounted, and marched to their camp; but it is supposed that the Indians heard their horses snort, for they had all run off before the whites could get to their camp. Whilst about Freeland's Station the Indians killed D. Lariman and cut off his head. In the summer of this year Isaac Lefevre was killed near the fort on the bluff, at the spot where Nathan Ewing, Esq., now ■ lives. In the summer season of the same year Solomon Phil- lips went out from the fort to the place now called Cross's old field for cymlings. The Indians shot and wounded him. He reacliped the fort, but soon died. Samuel Murry, who was with him in the field, was shot dead, nearly at the same place they Haywood's histoey of Tennessee. 127 had killed Robert Aspey in the spring. Near the monnd, ou the south side of the spot where the steam-mill now is, they killed Bartlette Renf roe, and took John Maxwell and John Keu- drick prisoners. Some of the emigrants who came down the Tennessee in boats in the beginning of this year remained at Red River, as is be- fore stated, with the intention to settle there. Among them were a number of persons by the name of Renfroe and their connections, Nathan Turpin and Solomon Turpin. Not long afterward, in the same year, 1780, in the month of June or July, the Indians, a party of Choctaws and Chickasaws, came and broke them up, and killed Nathan Turpin and another man at the station. The residue attempted to run off to the bluff where Nashville now is. Some of the women and children were con- ducted under the care of the Renf roes, who intended to return for their property. They went to the station on Red River with some others from the bluff, got possession of the property they had left there, and were returning to the bluff. They en- camped at night about two miles north of Sycamore, at a creek now and ever since called Battle Creek. In the morning Joseph Renfroe, going to the spring to drink, was fired upon by the Indians, who lay concealed in the bushes. He died instantly. They then broke in upon the camp, and killed old Mr. Johns and his wife and all his family. Only one woman, by the name of Jones, escaped. Henry Ramsey, a bold and intrepid man who had gone from the bluff, took her off and brought her to the bluff. Eleven or twelve other persons were there at the time of the attack, who were all killed. The Indians ripped up their beds, and took all the horses and other movable property, and went off toward the south. The Chickasaws had the undisputed claim to the territory on the west of the Tennessee. Upon this territory Clarke had made a settlement eighteen miles below the mouth of the Ohio on the east side of the Mississippi. Offended at this treatment, the Chickasaws, till then neutral, become allies of the British Nation, and were so at the time when this mischief was perpe- trated. Capt. Robertson made peace with them in 1782. In the fall of the same year another party of Indians came and stole horses and were pursued by Leiper with fifteen men, who overtook them on the south side of Harpeth, near where Ellison 128 Haywood's history of Tennessee. lately lived, not more than three miles toward Pisgah to the west. They were encamped in the night, and the evening was wet. Leiper and his men fired npon them, wounded one, got all the horses they had stolen, and all their baggage, and returned. In the same year (1780) the Indians killed negro Jim, left by Col. Henderson in a boat at the Clover Bottom ; also a young man in the same boat. At the same time they took George, a negro man of Absalom Tatom's; also they wounded and took Jack Civil, a mulatto; killed Abel Gower and Abel Gower, Jr., and John Robertson, the son of Capt. James Robertson. Col. John Donaldson had gone up the river to the Clover Bottom with two boats for the purpose of bringing away the corn that himself and others had raised the summer before. They had laden the boats with the corn and had proceeded a small dis- tance down the river when Col. Donaldson recollected that he had neglected to gather some cotton \^hich he had jjlanted at the lower end of the field, and accordingly asked of his compan- ions to put to, for the purpose of picking a part of it. They urged that it was growing late, and that they ought to go on; he waived using any authority, and had scarcely landed before the people in the other boat were attacked by a party of Indians who lay in ambush to intercept the boats on their return. The fire of the Indians was fatal. All were killed except a free ne- gro and one white man, who swam to shore and wandered many days in the woods before he reached the bluff. A little dog about the time of cock-crowing in the morning after the defeat, warned the inhabitants of the station by barking. A boat put out and brought to the floating boat. On examining it a negro who had gone up with the party was found dead. His chin had been eaten by the dog. From these appearances the conclusion was that the rest of the party were killed. Col. Donaldson, however, had escaped to Mansco's Station. A free negro, son of Jack Civil, who was in the boat, was taken prisoner by the In- dians. In the summer of this year (1780) at the p]ace where Ephraim Foster, Esq., now lives, Philip Catron riding from Freeland's Station to the bluff, was fired on by the Indians and wounded in the forepart of the breast so that he spit blood, but he re- covered. In the same summer, as Capt. John Caffrey and Dan- iel Williams were rising the bank going toward the bluff, the Haywood's history of Tennessee. 129 Indians fired upon tliem, wounding Caffrey in the thigh and Williams in the knee with two balls. They escaped to the bluff. In the fall of this year the Indians fired upon Taylor and others near the bluff, to the south-west. After much time and care he was recovered. In this summer Robert Gilkey sickened and died. He was the first man of the settlers that died a natural death. Soon afterward a negro of Mrs. Gilkey 's was fired upon by the Indians at the place where Mr. Whitesides's office now is. The negro Avas dangerously wounded, but recovered. Philip Conrad, in the spring, was killed by the fall of a tree at the place where Bass's tan-yard now is. In this year a man of the name of Michael Stoner first discovered the lick which has ever since been called Stoner's Lick. Stoner's Lick Creek, which runs through it, received its name from the same circumstance. In the fall of this year the hunters supplied the inhabitants with meat by killing bears, buffaloes, and deer. A party of twenty men went up the Caney Fork as high as Flinn's Creek and returned in canoes with their meat in the winter. While in the woods they killed one hundred and five bears, seventy-five buffaloes, and eighty and more deer. Some of the inhabitants, however, failed • to obtain the subsistence which was expected from this source, and others had lost their crops by a fresh in July, and such persons were in distress for want of provisions. The multiplied disasters and dangers which every moment threatened the small body of settlers with destruction at length began to dishearten them. A considerable part of them went this year to Kentucky and Illinois. In the winter the emigra- tion was stopped by the want of horses, and all the inhabitants were collected into two stations. The Assembly of North Carolina, in May, 1780, engaged by a public act in the form of a resolution to give to the officers and soldiers in its line, on continental establishment, a bounty in lands in proportion to their respective grades, to be laid off in the western country in what is now called West Tennessee, to all such who were then in service and should continue to the end of the war, or such as from wounds or bodily infirmities have, been or shall be rendered unfit for service, and to the heirs of such who shall have fallen or shall fall in defense of the country. Thei-e never was a bounty more richly deserved or more ungrudgingly promised. 9 130 ' Haywood's history of Tennessee. In the year 1781, on the 15th of January, an attack was made on Freelanci's Station by forty or fifty Indians in the still hour of midnight. Capt. James Robertson had, in the evening be- fore, returned from the Kentucky settlements, and having been accustomed, whilst on the road, to more vigilance than the other residents of the fort, he heard the noise which the cautious sav- ages made in opening the gate. He arose and alarmed the men iu the station, but the Indians had got in. The cry of "Indians " brought Maj. Lucas out in his shirt. He was shot. The alarm being general, the Indians retreated through the gate, but fired in at the port-holes through the house in which Maj. Lucas lived. In this house they shot a negro of Capt. Robertson's. These were the only fatal shots, though not less than five hun- dred were fired into the house. It was the only one in which the port-holes were not filled up with mud. The whites, only eleven in number, made good use of the advantage they pos- sessed in the other houses of the fort. Capt. Robertson shot an Indian, which soon caused the whole party to retreat. The moon shone brightly, otherwise this attack would probably have succeeded. The fort was once in possession of the Indians. They found means to loosen the chain on the inside which con- fined the gate, and they were superior in point of numbers. The Indians received re-enforcements from the Cherokee Na- tion. They burned up every thing before them : immense quan- tities of corn and other produce, as well as the houses, fences, and even the stations of the whites. The alarm was general; all who could get to the blufp or Eaton's Station did so, but many never saw their comrades in those stations. Some were killed sleeping; some were awakened only to be apprised that their last momeiit was come; some were killed in the noonday, when not suspicious of danger; death seemed ready to embrace the whole of the adventurers. In the morning when Mansco's Lick Station was broken up, two men who had slept a little later than their companions were shot by two guns pointed through a port- hole by the Indians. These men were David Goin and Patrick Quigley. Many of the terrified settlers removed to Kentucky, or went down the river. A few nights afterward Mrs. Dunham sent a small girl out of the fort to bring in something that she wanted, and the Indians being there, took hold of the child and scalped her, but they did not kill her, and she is still alive. Mrs. HAYWOOD'S HISTOEY OF TENNESSEE. 131 Dunham, hearing the cries of the child, advanced toward the place where she was, and was shot by one of the Indians and wounded dangerously, but not mortally. She lived many years afterward, and at length died, but never perfectly recovered her health. In the spring of the year 1781, on the second day of April, a numerous party of Cherokees came in the night and lay in am- bush. In the morning three of them came and fired at the fort on the bluff and ran off. Nineteen horsemen in the fort mount- ed their horses and followed them. When they came to the branch over which the stone bridge now is, they discovered the Indians in the creek and in the thickets near it. They rose and fired upon the horsemen; the latter dismounted to give them battle, and returned their fire with great alacrity. Another party of Indians lay concealed in the privj'- and brush and cedars near the place where Mr. De Mumbrune's house is, who were ready to rush into the fort on the back of the combatants. The horses ran to the fort and left their owners on foot. Hearing the firing, those in the fort closed the gates. Such of the nine- teen as were left alive retreated to the fort. Several of them were killed on the spot — namely, Peter Gill, Alexander Buchan- an, George Kennedy, Zachariah White, and Capt. Leiper. Others of them were wounded — namely, James Manifee and Joseph Moonshaw. At the place where the stone house of Cross now stands, Isaac Lucas had his thigh broken by a ball, and being left by his comrades who ran into the fort, the In- dians rushed upon him to take his scalp. One of them running toward him and being at a short distance, Lucas, having his gun charged, fired upon and shot him through the body, and he died instantly. The people in the fort, in order to save Lacas, kept up a brisk and warm fire upon those parties of Indians who at- tempted to get to him, and finally succeeded in drawing them off, when he (Lucas) was taken and brought into the fort by his own people. When the Indians fired upon the horsemen at the branch, the body which lay in ambush at De Mumbrune's rose and marched toward the river, forming a line between the combatants and the fort. When those from the bluff dismounted to fire upon the In- dians in the branch, and the firing on both sides actual!}'- com- menced, their horses took fright and ran at full speed ©n the 132 Haywood's history of Tennessee. south side of the Indian line toward the French Lick, passing by the fort on the bluff. Seeing this, a number of Indians in the line, eager to get possession of the horses, left their ranks and went in pursuit of them, and at this instant the dogs in the fort, seeing the confusion and hearing the firing, ran toward the branch and came to that part of the Indian line which remained yet unbroken, and as they had been trained to hostility agaiust Indians, made a most furious onset upon them and disabled them from doing any thing more tlian defending themselves. Whilst thus emjaloyecl the retreating whites passed near them through the interval made by the desertion of those from the line who had gone in pursuit of the horses. Had it not been for these fortunate circumstances, the whites could never have retreated to the fort through the Indian line, which had taken post between them and the fort. Such of the nineteen who survived when they retreated, would have had to break through the line, their own guns being empty, whilst those of the Indians were well charged. Amongst those who retreated toward the fort was Ed- ward Swanson, who was pursued by an Indian that overtook him, punching him with the muzzle qf his gun in the back and drawing the trigger, when the gun snapped. Swanson laid hold of the muzzle, and wringing the lock to one side, spilled the priming from the pan. The Indian, looking into the pan and not seeing powder in it, struck him with the gun-barrel, the muzzle foremost. The stroke not bringing him to the ground, the Indian clubbed his gun and, striking him with it near the lock, knocked him down on all foiirs. At this time John Bu- chanon, the elder, father of the present Maj. Buchanon, rushed from the fort to the assistance of Swanson, who was about twenty yards from it. Here he discharged his gun at the In- dian, who, gritting his teeth, retired to a stump, upon which Buchanon and Swanson went into the fort. From the stump to Avhich the Indian retired was a trail made by a body dragged along upon the ground, much marked with blood. The Indians retired, leaving upon the field the dead Indian whom Lucas had killed. Another they buried on the east side of the creek in a hollow north of the place where Mr. Hume now lives. The white people afterward dug him up. Many of the Indians were seen hopping on lame feet or legs. They got nineteen horses, sad- dles, bridles, and blankets, and could easily remove their dead Haywood's history of Tennessee. 133 and wounded. The vrliite people could never learn the exact loss they sustained. On the night of the same day in which this affair took place another party of Indians, who had not come up in time to be pi-esent at the battle, marched to the ground now occupied by Poyzer's and Condon's houses and lots and fired upon the fort for some time, till a swiA^el was charged with small rocks and I)ieces of pots and discharged at them, ujjon which they imme- diately withdrew. A few days before the battle at the fort on the bluff, Col. Samuel Barton had followed a drove of cattle, wishing to kill one oi them for beef. They passed near the head of the branch which .extends from the stone bridge by Bass's tan-y4ft:d, and up- ward to the head. They passed near the spot at the head of the branch where the Indian lay in ambush. They fired upon and wounded him in the wrist. He ran with the blood streaming from the wound, and one of them followed him. One, Martin, ran from the fort to meet him, and seeing him join Barton the Indian in pursuit retired. At this time John Buchanon and his brother Alexander Buchanon were in Cross's field; they took a circuitous route and came into the fort on what is now the back part of the town of Nashville. Barton was in the fort disabled by this wound when the battle at Nashville took place. In the summer of 1781 a party of Indians killed William Hood just on the outside of the fort at Freeland's Station. They did not at that time attack the fort. In the same summer, between Freeland's Station and the French Lick, a party of Indians killed old Peter Renfroe and withdrew. In the fall of the same year they killed Timothy Terril, from North Carolina, and withdrew. In the same year the Indians killed Jacob Freeland as he hunted for deer on Stoner's Lick Creek, at the place where John Castleman now lives. There also, at another time, they killed Joseph Castleman, a son of John Castleman. At the same place lived Jacob Castleman, who went into the woods to hunt and was surprised and killed by the Indians. In the spring of the year 1782 a party of Indians fired upon three persons at the French Lick and broke the arms of John Tucker and Joseph Hendricks, and shot down David Hood, whom they scalped and stamped, as he said, and followed the 134 Haywood's histoey of Tennessee. others toward the fort. The people of the fort came out and re- pulsed them and saved the wounded men. Supposing the In- dians gone, Hood got up softly, wounded and scalped as he was, and began to walk toward the fort on the blufip, when, to his mortification, he saw standing upon the bank of the creek a number of Indians, the same who had wounded him before, making sport of his misfortunes and mistake. They then fell upon him again, and having given him in several places new wounds that were apparently mortal, they left him. He fell into a brush-heap in the snow, and next morning was tracked and found by his blood and was placed, as a dead man, in one of the out-houses and was left alone. After some time he reco»vered and lived many years. After the attempt to take the fort at the bluff in 1781, the people were frequently disturbed by Indian irruptions and dep- redations. They made no corn in 1781, but in 1782 they made some in the fields which had been cleared in 1780. The hostil- ities of the Indians were exercised upon those whom they found hunting, a number of whom they killed that year. In this year (1782) a house or two stood at a place called Kilgore's Station, on the north side of the Cumberland River, on the Red River, and on the south side of Red River, at the place now called Kil- gore's Station. There were two young men by the name of Ma- son, Moses Maiding, Ambrose Maiding, Josiah Hoskins, Jesse Simmons, and others. The two Masons had gone to a lick called Clay Lick, and had posted themselves in a secret place to watch for deer, and were near enough to reach them with their shot at the lick. Whilst in this situation seven Indians came to the lick. The lads took good aim, and fired upon and killed two of them, and then ran with all speed to the fort, where, being joined by three of the garrison, they returned to the lick, found the dead Indians, scalped them, and returned to the fort. That night John Peyton and Ephraim Peyton, on their way to Kentucky, called in at the fort and remained there all night. The Indians came in the night and took away all, or nearly all, the horses which were there. In the morning the people at the fort pursued them, and overtook them in the evening at a creek called Peyton's Creek, and fired upon them and killed one. The rest fled, and the pursuers retook all the horses. That night the latter came toward the fort and carelessly encamped, and the Haywood's history of Tennessee. 135 next morning proceeded on their journey. But in the mean- time the Indians had got between them and the station by a cir- cuitous route, and when the whites came near enough they fired upon them, and killed one of the Masons and Josiah Hoskins. The Indians then retreated with their spoils, and the people at Kilgore's Station broke up their establishment and joined those at the bluff. A little before this, but in the same year, at the same station, the Indians fired upon Samuel Martin and Isaac Johnson returning to the bluff. They took Martin and carried him into the Creek Nation. After residing there ten or eleven months, he came home elegantly dressed, with two valuable horses and silver spurs. Isaac Johnson escaped and came home. As Martin was the first and only man who had been profited by Indian captivity, and withal bore but an indifferent character, it was Avhispered that he had agreed with the Indians upon the time and place of attack to be made by them, and was a sharer in the plunder. In the year 1782, and for several years afterward, the common custom of the country was for one or two persons to stand as watchmen or sentinels whilst others labored in the field; and even whilst one went to a spring to drink another stood on the watch with his gun, ready to give him protection by shooting a creeping Indian, or one rising from the thickets of cane and brush that covered him from view; and whenever four or five were assembled together at a spring, or other places where bus- iness requii-ed them to be, they held their guns in their hands, and, with their backs turned to each other, one faced the north, another the south, another the west — watching in all directions for a lurking or creeping enemy. Whilst the people at the bluff were so much harassed and galled by the Indians that they could not plant and cultivate their corn-fields, a proposition was made in a council of the inhabitants at the bluff to break up the settlement and go off. Capt. Robertson pertinaciously resisted this proposition. It was then impossible to get to Kentucky, as the Indians were in force upon all the roads and passages which led thither; and for the same reason it v/as equally im- practicable to remove to the settlements on the Holston. No other means of escape remained but that of going down the river in boats, and making good their retreat to Illinois; and to this plan great obstacles were opposed, for how was the wood 136 Haywood's history of Tennessee. to be obtained with whicli to make the boats? Every day the Indians were in the skirts of the bluff, lying concealed among the shrubs, privy and cedar trees, ready to inflict death upon whoever should attempt to go to the woods to procure timber for building a boat. These difficulties were all stated by Capt. Robertson. He held out the dangers attendant on the attempt on the one hand; the fine country they were about to possess themselves of on the other; the probability of new acquisitions of members from the interior settlements; the certainty of being able, by a careful attention to circumstances, to defend them- selves till succor could arrive. Finally their apprehensions were quieted, and gradually they relinquished the design of evacuating the position they occupied. In this year George Aspy was killed by the Indians on Drake's Creek, and Thomas Spencer was wounded. This was in May. In the fall of this year William McMurry was killed near Win- chester's Mill, on Bledsoe's Creek. Gen. Smith and some oth- ers were with him, and the general was wounded. They killed Noah Trammel on Goose Creek. Maiden's Station, upon Eed River, was broken up. In the month of April of this year the Legislature of North Carolina, by an act passed for the purpose, allowed to the set- tlers on the Cumberland rights of preemption: six hundred and forty acres to each family or head of a family, and' every sin- gle man of the age of twenty-one years and upward, who were settled on the said lands before the 1st day of June, 1780. Such tracts were to include their improvements; but .o grant to any of them was to include any salt licks or salt springs, which, by the same act, were reserved as public proj)erty, together witli six hundred and forty acres of the adjoining land. All the rest of the country was declared to be subject to partition. In this year also the Legislature of North Carolina, after a great deal of uncomraendable tergiversation, established courts of equity in all the districts of the State. The Revolutionary War was now fast hastening to a close, and actually came to an end on the 30th of November, 1782. This event had been anticipated by Capt. Robertson, and from it he expected an ahatement of Indian hostility, as the Indians, he conceived, would be no longer either encouraged or paid to persist in it. The event corresponded in part with his expecta- HAYWOOD'S HISTOEY OF TENNESSEE. 137 tions, and was soon followed by the arrival of a number of per- sons from North Carolina, who gave strength and animation to the settlements. Early in 1783 the commissioners, with a guard, came from North Carolina to lay off lands for satisfaction of the bounties promised to the officers and soldiers of her line in the regular army; and also to examine into the claims of those persons who considered themselves entitled to the pre-emption rights granted to the settlers on Cumberland before the 1st of June, 1780; and also to lay off the lands given by the Assembly of North Carolina to Gen. Greene as a mark of the high sense they en- tertained of his extraordinary services in the war of the Eevo- lution. The settlers were much animated by their presence and by the additional strength derived from their accession, and soon wholly abandoned the design which they had once enter- tained of leaving the country. The commissioners and guards, with some of the inhabitants in company, went to the place now called Latitude Hill, on Elk Eiver, to ascertain the thirty-fifth degree of north latitude, and there made their observations, and thence came down Haywood's Creek to Kichland Creek of Elk, and thence by Fountain Creek of Duck River, and at the second creek below that laid off the 25,000 acres of land for Gen. Greene which the people of North Carolina had made him a present of, and then fifty-five miles from the southern boundary, and parallel thereto ran the line, which received the name of the "continental line," because it was the boundary of the territory allotted for the ofiicers and soldiers of the line of North Caro- lina in the continental army. But upon the representation and at the request of the officers made to the General Assembly in their session of 1783, they directed it to be laid off from the northern boundary fifty-five miles to the south; begioningon the Virginia line where the Cumberland River intersects the same; thence west to the Tennessee River; thence down the Tennessee to the Virginia line; thence with the said Virginia line east to the beginning. The General Assembly at the same time took into consideration the claims set up to these lands by Hender- son and his associates, who had obtained them from the Indians in 1775, as has been already stated in the chapter of boundaries. Purchases of the Indians, except by public authority, had been forbidden by the king's proclamation and instructions to his 138 HAYWOOD'S HISTORY OF TENNESSEE. governors soon after tlie peace of 1763 for regulating the inter- course of his colonists with the Indians. The same prohibition had been previously established by the North Carolina Assem- bly of 1715, Chapter 23, Section 4; 1740, Chapter 3, Section 5. And it had beer particularly enforced by the Constitution of North Carolina, finally ratified on the 18th day of December, 1776. Col. Henderson was a gentleman eminently distinguished for his legal acquirements, both as an advocate and as a judge under the royal government; still more so for a sound judgment, as well as mental endowments of the social and facetious kind, which made him an object of general admiration. It is prob- able that he was not very sanguine, in the face of all these ob- stacles, that the title he had acquired from the Indians for all the lands contained in their deeds to him would prevail. But he knew that the acquisition of these titles was beneficial to the State, as they furnished an estoppel against the Indians in fut- ure, and, of course, that he and his partners were entitled to handsome retributions. The Assembly recited in an act of the session that Eichard Henderson, Thomas Hart, John Williams, William Johnston, James Hogg, David Hart, Leonard Henly Bullock, Nathaniel Hart, John Luttrell, John Carter, and Itob- ert Lucas have been at great expense, trouble, and risk in making a purchase of lauds from the Cherokee Indians, and that it is but just they should have a compensation adequate to the ex- pense, risk, and trouble aforesaid; therefore, it is enacted, say they, that 200,000 acres are hereby granted to the said Bichard Henderson, Thomas Hart, John Williams, AVilliam Johnston, James Hogg, David Hart, and Leonard Henly Bullock and their heirs; the heirs or assigns or devisees of Nathaniel Hart, de- ceased; the heirs and assigns or devisees of John Luttrell, de- ceased; to Laudon Carter, heir of John Carter, deceased, his heirs and assigns forever; and to the heirs and devisees of Bob- ert Lucas, The said 200,000 acres to be laid off in one survey and with the following boundaries: beginning at the old Indian town in Powell's Valley, running down Powell's Biver not less than four miles in width on one or both sides thereof, to the juncture of Powell and Clinch Bivers; then down Clinch Biver on one or both sides, not less than twelve miles in width, for the aforesaid complement of 200,000 acres. Thenceforward all doubts were cleared up with respect to tlie right which the State Haywood's histoey of Tennessee. 139 had to grant the other lands on the western waters, which were contained within the bounds specified in the Indian deeds to the company. The Assembly laid off the county of Davidson during the same session, appointed both civil and military offi- cers as in other counties, and established a Court of Pleas and Quarter Sessions in it. Before this period trustees were ap- pointed by the settlers, who signed a covenant obliging them- selves to conform to the decisions of those ofiicers who had thus been vested with the powers of government. Those who signed had considerable advantages over those who did not; they were respectively allowed a tract of land, in the quiet possession of which the colony secured them; whilst those who did not sign were considered as having no right to the lands they occupied, and could be dispossessed by a signer without any recourse. The trustees received neither fees nor salary, but they appointed a clerk, to whom they allowed very small perquisites to pay the expense of paper and stationery. The trustees, who were the executive of the country, had the whole government in their hands; they also acted as the judiciary, and their decisions gave general satisfaction; they also performed the functions of the clerical office, and celebrated the rites of matrimony. Capt. James Robertson, who acted as a trustee, was the first who mar- ried a couple, Capt. Leiper and his wife. Mr. James Shaw after- ward married Edward Swanson to Mrs. Carvin, James Freeland to Mrs. Maxwell, Cornelius Riddle to Miss Jane Mulherrin, and John Tucker to Jenny Herod, all in one day. The first child born in the country was John Saunders, who acted not many years ago as sheriff of Montgomery County, and who was killed on White River by the Indians; the second, Miss Anna Wells, who not many years ago lived in Montgomery County. The county of Davidson was included in the following bounds: All that part of North Carolina lying west of the Cumberland Mountains and south of the Virginia line, beginning on the top of Cumberland Mountain where the Virginia line crosses it, ex- tending westwardly along the said line to the Tennessee River; thence up said river to the mouth of Duck River; thence up Duck River to where the line of marked trees run by the com- missioners for laying off the land granted to the continental line of North Carolina intersects said river, which said line is sup- posed to be in thirty-five degrees fifty minutes of north latitude; 140 Haywood's histoey of Tennessee. thence east, along said line, to the top of Cumberland Mountain; thence northwardly along said line to the beginning. The Assem- bly directed that an entry-taker be appointed by the County .Court of Davidson to receive preemption entries, and the inhabitants' of the county were allowed to pay in specie or in specie certifi- cates for their preemptions; and they were allowed the term of eighteen months within which to make the payments. The heirs of such as were dead were allowed one year after coming of age to make their payments. In giving this county the name of Davidson the representa- tives of the people paid a grateful tribute to departed merit in the person of Gen. Davidson, a native of their own State. He was a gallant officer, who resided in the western part of North Carolina, on the east of the Appalachian Mountains. He had served with reputation, as an officer of inferior grade, in the Continental Army; had left it and been'appointed a General of Militia. He was eminently devoted to the cause of American liberty. Whenever the tories embodied, as they frequently did, he was soon at the place of their meeting to suppress them, and no impediments which they could offer were ever able to stop his progress a moment. When the British themselves were near, there was no danger he would not carefully encounter, if it would but serve his country's cause. When the British forces made an effort to overtake a considerable body of their army which had been captured at the Cowpens, and had made a sudden irruption into North Carolina, the American army re- treating before them. Gen. Davidson, intending to retard the march of the enemy, raised a body of active militia-men, and at every river and creek caused them some delay. On the 1st of February, 1781, the British forces came to the Catawba, at a fort near McCowan's, and began to cross the river at that place, Davidson rode to the river to reconnoiter the en- emy on the other side in order to devise some plan to keep them back awhile. One of the German riflemen, unperceived by him, for it was nearly dark, had crossed the river and got near to the bank on which the general rode, and shot him. Knowing that his wound was mortal, he rode briskly back to a place where he had left part of his troops, and gave to them the necessary di- rections what to do; and, having done so, soon after expired. Never was there a more intrepid soldier, never a greater patriot, ' HAYWOOD'S HISTORY OF TENNESSEE. 141 never did any man love his country with more ardent afPection! His name should be ever dear to the people of North Carolina and Tennessee, and the posterity which he left should be dea,r to them also. The public gratitude should be shown by acts and deeds, and not by professions alone. Those who die for their country should have death sweetened, not only by the prospect of individual fame, but likewise witli the certain pros- pect of honor and preferment secured to their children and con- nections. Those who love their country should be loved by it; the proof of affection should be durable and solid, and worthy of the object intended to be preserved in remembrance. In countries where public duties of this sort are certainly and well and promptly performed, there we may justly expect, and cer- tainly shall find, the most numerous and magnificent examples of heroic devotion and sacrifice. Occasiona] feelings, it must not be denied, have sometimes their share in the production of such examples; but is not a generous and magnanimous coun- try much more likely to cherish and animate such feelings than those which are insensible to the claims of merit, and only re- ward the best services with indifference? At this juncture, when the fate of the Cumberland settlements was suspended by a hair, events so propitious and timely could not fail to inspire successful anticipations. Like the rest of mankind, the settlers readily believed that which they w^ished, and cherished the expectation of ease and safety; but these hopes were not without the counterpoise of savage persecution. The Indians still kept up their offensive operations in 1783. They killed Roger Top, one of the guard who came with the commissioners, at the place where Mr. Deaderick afterward lived. At the same time and place they shot Eoger Glass through the thigh. Two nights afterward, finding a man at the place where the stone bridge is, they shot him. He ran to the fort, and shortly afterward died. This was done while the com- missioners were sitting at the bluff to ascertain and give certif- icates for the preemption rights secured to those who had set- tled on the Cumberland as early as the 1st of June, 1780. Though the guard which was with the commissioners did not experience any molestation from the Indians whilst they were running the line and laying off the lands of Gen. Greene, that was owing to the formidable number which composed it. The 142 HAYWOOD'S HISTOEY OF TENNESSEE. guard was numerous. Those who composed it were promised compensation for their services in lands, since called guard rights, and they came in crowds to be enlisted into that service. The Indian Nations o£ the South, including the Cherokees, were invited by the agents of Spain to meet and hold confer- ences with them at the Walnut Hills, and did so; and here it is believed that their unfavorable disposition toward the Cumber- land settlers received no diminution. The Indians, in small de- tachments, made frequent inroads upon the white settlements, waylaying the paths and corn-fields, and dogging upon the tracks of those who went out to explore the country and make locations, and never failed to kill them when a good opportunity offered. They killed Ireson and Batnet in a surveying excur- sion, soon after the commissioners came out. They killed Will- iam Dunham and Joseph Dunham where the plantation of Mr. Irwin now is on Bichland Creek. At the same place they killed Joshua Norrington and Joel Mills; and at a plantation near this, at this same time, they killed Daniel Dunham. In a path leading from Dunham's Fort to Armstrong's, at the head of Richland Creek, where Castleman now lives, they killed a man going from one fort to the other. At Armstrong's Fort, at the place which included it, Mr. Kains's daughter. Patsy, was riding on horseback, with a young woman behind her. She and Bet- sy Williams were -fired upon by the Indians, and the latter killed; the former escaped, and ran off home. A short time afterward, within a mile of Armstrong's Fort, Joseph Noland was killed by the Indians; and in the summer of this year they killed the son of Thomas Noland. In the fall they killed the old man himself, near the same fort. About the same time, they killed the father of Betsy Williams, before mentioned. Buchanan had a station, in 1783, five miles from the bluff. There the Indians, in this year, killed William Mulherrin, Sam- uel Buchanan, and three others who were guarding the station. In this year William Overall was killed while going from the bluff to Kentucky; Joshua Thomas was mortally wounded, and died. In this year the Indians came to the bluff and stole horses. Twenty men were raised by Capt. William Pruett, who pursued them to Richland Creek of Elk, overtook them, retook the horses on the waters of Big Creek, and commenced their re- turning march, having fired on the Indians and killed none. Haywood's history of Tennessee. 143 They came to the north side of Duck River, near a creek, and encamped there all night. In the morning the Indians fired on the rear as they began to move, and killed Moses BroAvn in a canebrake. The white people retreated a mile and a half, till they could get into open ground, and there halted and formed. The Indians came wp, shot down Pruett and Daniel Johnston, and wounded Morris Shine; and the white people again retreat- ed to the blufP, having lost as many horses as had been recov- ered from them. The Chickasaws soon heard of the law of North Caroliua, passed in April, 1783, for the appropriation of their lands, as well as of all the lands claimed by the Cherokees, except those which by the same act were allowed to them for their hunting- grounds; and they could not but view the act as a very uncere- monious intrusion upon their rights, and likewise as a proof of great unconcern with regard to the sentiments of the Chickasaws upon a subject of so much moment to them. With the regrets of an old friend, compelled by ill treatment to relinquish his friendly prepossessions, they turned from the people of Cum- berland, and, in common with the Creeks and Cherokees, pre- pared to goad them with the sting of their displeasure. But in the latter part of 1783 the settlements received additional strength by the arrival of new settlers. Turnbull, a trader, came from the Natchez with horses and skins, which he brought from the Chickasaw Nation. Absalom Hooper came from Natch- ez; also Thomas James, Philip Alston, James Drumgold, his son- in-law, James Cole, and others, among whom was James Don- alson. In this year Samuel Hays established a station on Stone's Biver. For the clear comprehension of facts which are soon to fol- low in the sequel of this story, we shall close this year with re- marks which are proper for their elucidation wherever they may occur. Spain, though an ally of the United States in their war with Great Britain, was actuated by a desire to weaken the latter by separation of so great a part of the British Empire, and at the same time had no affection for the new States. On the contrary she entertained toward them nearly the sentiments of Satan in his soliloquy to the sun. As soon as the settlements were formed on the Cumberland River, the Spanish government took 144 Haywood's histoky of Tennessee. alarm; it dreaded the approach of independent principles; nor did the Spanish cabinet disguise their dislike to them. When the treaties which terminated the war of the Revolution began to be seriously thought of by the belligerents, the Spanish cab- inet applied to the French minister at Madrid, Monsieur de Mont- morin, expressing their apprehensions of the advancing Amer- ican settlements, and that it was the true policy of Spain not to open to them the navigation of the Mississippi, as it would en- able them to acquire the commerce of Orleans and Mexico, and particularly as, notwithstanding their then weak state, the set- tlers on the western waters were of that warlike character as al- ready to manifest an inordinate ambition and vast projects for conquering all the countries on the eastern shore of the Missis- sippi. The Spanish government wished, therefore, to make the savages a barrier between their colonies and the Americans; or, in plain words, to have them on the Spanish side of the bound- aries between them and the United States; and they earnestly solicited as the highest proof of friendship which the French nation could give that the influence of the French government with the United States might be used to draw them from their views on the navigation of the Mississippi. They endeavored in the first instance to curtail the boundaries of the United States and to exclude them from the use of the Mississippi, and immediately after the war they adopted for themselves the pol- icy of greatly impeding and, if possible, of entirely breaking up the Cumberland and other settlements on the western wa- ters — objects which they proposed to effect, first, by the occlu- sion of the Mississippi, to make useless and of no value all the agricultural productions of these settlements, for want of a mar- ket; secondly, by alluring the settlers into Louisiana by the advantageous offers which the government held out to them in case of making a settlement there; and thirdly, by an unremit- ted excitement of Indian animosity against these settlers, in fui*- therance of the main plan. All these means were resorted to, and we shall find the effects of them every moment occurring on the further progress of this history. Their operations were conducted with secresy, and for some time it was not known and not even suspected what was the real source of all the ill-will of the savages which so often poured itself with the fierceness of burning wrath upon the devoted settlers of Cumberland. ♦ Haywood's histoky of Tennessee. 145 On the 20tli of April, 1783, Don Stephen Mero, brigadier-gen- eral in the armies of his Catholic majesty and governor and in- tendant of the provinces of Louisiana and West Florida, Avrote to Capt. Piobertson from New Orleans, in answer to a letter of his of the 23d of January. In this letter he professed pleasure in the friendly dispositions of his people and in the assurance of the falsehood of the report he had heard that the Cumber- land people v»-ere solicitous to attack his province. He request- ed Capt. Eobertson to give no more credit to the intelligence he had received of the Indians having been incited in that prov- ince against these settlements. He asserted that at different times he had recommended to Alexander McGillivray to make peace, who finally had answered that he had given his word to the Governor of North Carolina that the Creeks would not again trouble those settlements; and he promised again to write to McGillivray and to engage him to be no longer troublesome to the people of Cumberland; he stated that he had no connection with the Cherokees nor with the Marcniin; but, as they went now and then to Illinois, he promised to advise the command- ant there to induce them to be quiet. The Cherokees had asked permission, he said, in May, 1782, to settle on the west side of the Mississippi, and he had granted their request; and if, said he, they act accordingly, you will be quite free from their in- cursions. He lastly invited Capt. Robertson to come and settle in his province, declaring that he would not be molested on ac- count of his religious principles, nor would he be called on to pay any tax, and that he would always find a market for his crops: advantages which made all the planters at Natchez daily to improve in their circumstances. 10 CHAPTER VI. Tlie Cession Act of 1784 — The Unfavorable Circimistaiices of the Western Coun- ties — Committees in Each County — Convention ; Its rroceedings — Cession Act of 1784 Repealed — Superior Court for Washington District, Wiiich Was Now Established — Brigadier-general Appointed — Sevier Eecommended no Further Progress toward a New Government — Convention Met — Assembly of Frank- land — Governor and Other Officers Apjwinted — Their Independence in North Carolina Transmitted to tlieGovernor of Tiiat State — His Manifesto — Superior and County Courts Established — Clerks Appointed — New Counties Erected — Persons Who Were Clerks, Colonels, and Members of Assembly — The Acts They Passed — Remarks upon Tlieir Tax Law and Salary Act — Treaty witli the In- dians, under tlie Authority of the New State — Assembly in August — Dissatis- faction with the Old State in the Counties of Virginia Near to tlie State of Frankland — Discontents Excited — Gov. Henry, of Virginia, Laid Their Designs before the Assembly of That State — His Remarks upon Them and upon the New State of Frankland — Tlie Limits of tlie Intended New Government after the Junction — The Constitution Proposed for It — Act of Pardon and Oblivion Passed by North Carolina in the Latter Part of 1785 — Appointed Elections to Be Held for Members to Represent the Western Counties in the Assembly of North Carolina — Further Time for Surveys — OfBcers Appointed for the West- ern Counties — Convention in November, 1785 — Form of a Constitution by a Committee — Rejected by the House in Toto — Constitution of Nortii Carolina Adopted — Mr. Cocke Sent to Congress — Georgia Legislature; Its Proceedings — County in the Bend of the Tennessee; Officers Appointed to Organize It — The Commissioners of Others Went Thither — Their Proceedings There — Cox — Col. Hampton — Confusion from the Exercise of Two Governments — Parties Formed — Open Opposition to the State of Frankland — Sevier and Tipton; Their Deep Animosities — Courts under Both Governments — A Court Broken Up by Tipton — Same Done by Sevier's Party — Under Both States Were Issued Marriage Licenses, Letters of Administration, etc. — Conflict between Tipton and Sevier — Members Elected for North Carolina — Sevier Appointed Brig- adier-general by Gov. Houston, of Georgia — Persons Killed or Wounded by the Cherokees in 1786 — Men Embodied — Members of Assembly for North Carolina — Hawkins County — Officers; Civil and Military — William Cocke; His Representations to Them — Another Act of Pardon and Oblivion in 1786 — Various Regulations Contained in it — Remarks on the Repeal of the Cession Act of 1784 — Sevier's Negotiations with Georgia — Favorable Report on His Proposition — Commander Elholm His Agent — Granted Money to Defray His Expenses — The Governor of Georgia Writes to Him a Friendly Letter — Let- ter to Sevier from Doctor Franklin — Elholm Again Sent to Georgia — The Council Compliment Sevier; Write to Him Their Situation with Respect to Indian Affairs — His Aid Requested — The Georgia Leaders Speak Cautiously (146) Haywood's history of Tennessee. 147 of the Government of Frankland — Gov. Telfair Writes to Sevier, and Compli- ments Calhonn — Sevier Made a Member of tlie Society of Cincinnati — Pres- ents Sent to Plira — Flattering Toasts — Thanks Presented by the Council to El- holm — Request His Attention to Their Situation with Respect to the Creeks — September, 1787, the Assembly of Frankland Met; Tiieir Proceedings — Mem- bers Elected in 1787 for the Assembly of North Carolina — Act of Pardon and Oblivion Extended — A Descent Contemplated by Some of the Citizens of Frankland on the Spanisii Possessions — Inquiries Directed by Congress to be Made — Resentments of the People against the Spaniards — The Cumberland ]\Ieiiibers in an Address to the Assembly of North Carolina Had Censured the Spaniards — Sullivan's Letter; The Uneasiness It Produced — The Property of Sevier Seized by Virtue of a fi. fa. under the Authority of Nortii Carolina — Troops Seized by Sevier and Marched to Tipton's House — A Battle There; Sevier's Troops Routed; His Two Sons Made Prisoners — The Government of Frankland Expired — Cherokees Massacre Kirk's Family — Troops Embodied and Marched into Their Nation; Indians Killed; Towns Burned; Indians Massacred — Kirk's Imputation on Sevier; His Vindication — Capt. Gillespie's Beliavior in the Defense of His Prisoners — Mr. Gardogue to Gov. Sevier — Gen. Martin's Expedition — Persons Killed in 1788 — Sevier's Popular Talents; Se- vier Arrested and HandcufTed ; Led Prisoner to Morganton, in North Carolina, Followed by His Sons and Other Friends; at Morganton Delivered to the Sheriff; tlie McDowells Followed Him and Became His Sureties for a Few Days, Till He Could Go and See a Brother-in-law; on His Return the Pursuers Reiiched To\vn and Were Unknown; At Night They Slept with the Governor and Returned Home — Federal Constitution Rejected — Assembly of North Carolina; Their Proceedings — Guard — Act of Pardon and Oblivion Extended — Another Convention Called in Nortli Carolina — Federal Constitution Adopted — Sevier Chosen Senator of Greene County; Very Favorably Received; Took His Seat — Tennessee Passed Laws to Confirm Administrations Granted and Marriages Celebrated under tlie Laws of Frankland — Acts Passed by North Carolina in Favor of tlie Western People in 1789 — Watauga Certificates — Causes Which Led to the Cession Act of 1789 — Cession Act Passed. TT 7 E now draw near to a critical era in the annals of East ' ^ Tennessee ; and to a legislative proceeding which seemed at the time of its birth to be most harmless in itself, but which, npon experiment, unexpectedly proved to be the source of great disasters and alarms, as well to our neighbors as to the parties who were more immediately concerned. Congress, harassed with public debt and the clamor of j^iib- lic creditors, had thought of many expedients for bringing money into their coffers; and one, among others, was pressing and repeated recommendations to States owning vacant lands to throw them into the common stock for defraying the expenses of the late war. The Assembly of North Carolina, during their April session 148 eayayood's histoby of Tennessee. at Hillsboro in 1784, participating in the distress wliieli Con- gress experienced on the account of tlie financial embarrass- ments of the Union, made considerable exertions to remove them. They laid taxes and empowered Congress to collect them, and vested in Congress, so far as they were concerned, a power to levy a duty on foreign merchandise. Partly from the same mo- tives, as well as from others, they, in the month of May, passed an act for ceding to the Congress of the United States certain western lands therein described, authorizing the delegates from this State in Congress to execute a deed for the same. By this act was ceded all the territory which constitutes the State of Tennessee, if Congress would accept of it within the space of two years then next following. By another act of the same ses- sion it was declared that the sovereignty and jurisdiction of North Carolina in and over this territory and all its inhabitants shall be and remain in all respects until the United States in Congress shall accept of the cession, and as if the act of cession had never passed. They at the same time closed the land of- fice for this territory, and nullified all entries made since the 25th of May, 1784, except entries made, or to be made, by the commissioners, agents, and surveyors who extended the lines of lands attached to the ofiicers and soldiers, and by the guards, hunters, chain-carriers, and markers who attended these com- missioners. The Assembly adjourned on the 2d day of June, 1784. It was a part of the cession law that if Congress should not accept within two years the act was thenceforward to be of no effect. We have seen how unremitted were the efforts of the Indiann to break up, if possible, and at all events to check the growth of the settlements on the Holston, and how often it became neces- sary to recall them to a peaceable demeanor by administering to them chastisement in their villages. The militia were often called together; the equipments for service, as well as the serv- ices themselves, demanded considerable expenditures. The sale of the western lands had greatly reduced the certificate debt of North Carolina. She ought to have yielded a ready assent when called on to give protection to the frontiers by discharging the debts which had been necessarily contracted in their defense. The expenditures became daily more heavy, but the prospect of an early settlement of the western lands which were opened by Haywood's history of Tennessee. 149 the settlements on Holston had greatly enhanced the value of these lands in the market, and had very much facilitated the sttle of them; consequently a much greater quantity of certifi- cates were brought into her treasury, and with much more ex- pedition, too, than otherwise could ^ave been effected. Experi- ence was, however, supposed to prove that as the prospects of future advantage diminished, so did the readiness of North Car- olina to advance the supplies requisite for the protection of the western settlers. Tlus disinclination was the more indulged, as the Constitution of North Carolina had made provision for a future State within her limits on the western side of the Alle- ghanies, and as the affairs of the western people seemed verging to a crisis from whence a new and independent State was likely to arise, the prosperity of which it was not the peculiar duty of North Carolina to promote. Nor did it seem politic to her rul- ers to lavish their money for the benefit of those who were so soon to become strangers to her particular interests. Western claims for military service against the Indians began to be re- ceived with murmuring, to be passed upon with much scrutiny, and to meet with frequent rejection. It was suggested that all pretenses were laid hold of to fabricate demands against the government, and that the industry and property of those who resided on the east side of the mountain were becoming the funds appropriated to discharge the debts contracted by those on the west. It was partly under the impression made by these sug- gestions that the Assembly of North Carolina passed the cession act of May, 1784. The opinion was sedulously propagated through the western counties that the cession might not be ac- cepted for the space of two years, during all which time the peo- ple, being neither under the protection of the United States nor of the State of North Carolina, would neither receive any sup- port from abroad nor be able to command their own resources at home. At the same time there was no relaxation of Indian hostilities. The District of Washington was not yet entitled to a Superior Court; crimes of all sorts, as they weae situated, must go unpunished. Nor was it allowed by law for a brigadier- general to call into service the militia of the county, and to unite its efforts on requisite emergences. Exposed as they were every day to the tomahawk of the savages, and seeing no authority to whom they could apply for assistance, it became the prevailing 150 HAYWOOD'S HISTOEY OF TENNESSEE. opinion that tlie people ought of themselves to devise the means of drawing- upon their own resources, and of making them ef- fectual. Indian visitations assailed them incessantly. The set- tlers on the Holston at last seemed to hold their lives only by the permission and at the will of the Cherokees. The people at first resolved upon the expedient of electing two persons from each captain's company who should assemble in the resj)ective coun- ties as a committee; these resolved upon a convention of depu- ties from all the counties which should adopt such plans as were suitable to their circumstances. On the 23d of August, 1784, the dej^uties assembled at Jonesboro. The deputies elected for the county of Washington were: Charles Kobinson, William Pur- phey, John Sevier, Josei:)h Wilson, John Irwin, Samuel Hous- ton, William Trimble, William Cox, Landon Carter, Hugh Hen- ry, Christopher Taylor, John Chislomy, Samuel Doak, William Campbell, Benjamin Holland, John Bean, and Samuel Williams. For the county of Sullivan: Joseph Martin, Gilbert Christian, William Cocke, John Manifee, William Wallace, John Hall, Samuel Wilson, Stokely Donalson, and William Evans. For the county of Greene: Daniel Kennedy, Alexander Outlaw, Jo- seph Gist, Samuel Weir, Asahel Bawlins, Joseph Ballard, John Manghon, John Murphy, David Campbell, Archibald Stone, Abra- ham Denton, Charles Robinson, and Elisha Baker. They ap- pointed John Sevier, President; and Landon Carter, Clerk. They appointed a committee composed of Messrs. Cocke, Outlaw, Car- ter, Campbell, Manifee, Martin, Bobinson, Houston, Christian, Kennedy, and Wilson to take under consideration the state of public affairs relative to the cession of the western country. The convention, soon after the commencementof its session, was joined by Richard White, a member from Washington. The committee upon the state of public affairs, in relation to the cession of the western territory, made their report, styling themselves the com- mittee to whom was referred the consideration of public affairs, especially the cession bill passed at Hillsboro the 2d day of June, 1784 Your committee say they are of opinion, and judge it expedient, that the counties of Washington, Sullivan, and Greene, which the cession bill particularly respects, form them- selves into an association and combine themselves together in order to support the present laws of North Carolina, which may not be incompatible with the modes and forms of laying off a HAYWOOD*S niSTOEY OF TENNESSEE. 151 new State. It is the opinion of your committee that we have a just and undeniable right to petition Congress to accept the ces- sion made by North Carolina, and for that body to countenance ■us in forming ourselves into a separate government, and either to frame a permanent or temporary Constitution, agreeably to a resolve of Congress in such case made and provided, as nearly as circumstances will admit. We have the right to keep and hold a convention from time to time by meeting and convening at such place or places as the said convention shall adjourn to. When any contiguous part of Virginia shall make application to join this association, after they are legally permitted either by the State of Virginia or other power having cognizance thereof, it is our opinion that they be received and enjoy the same privileges that we do, may, or shall enjoy. This convention has a right to adopt and prescribe such regulations as the particular exigences of the times and the public good may require; that one or more persons ought to be sent to represent our situation in the Con- gress of the United States; and this convention has just right and authority to prescribe a regular mode for his support. It was referred to Messrs. Cocke and Hardin to draw up and form the plan of the association heretofore agreed to; that plan, on the next day, they reported as follows: "To remove the doubts of the scrupulous, to encourage the timid, and to induce all, liarmoniously and speedily, to enter into a firm association, let the following particulars be mature- ly considered: If we should be so happy as to have a sej^arate government, vast numbers from different quarters, with a little encouragement from the public, would fill up our frontiers, which would strengthen us, improve agriculture, perfect manu- factories, encourage literature and every thing truly laudable. The seat of government being among ourselves would evident- ly tend not only to keep a circulating medium in gold and sil- ver among us, bat draw it from many individuals living in other States who claim large quantities of lands that would lie in the bounds of the new State. Add to the foregoing reasons the many schemes, as a body, we could execute to draw it among us, and the sums which many travelers, out of curiosity, and men in public business would expend among us. But all these -advan- tages, acquired and accidental, together with many more that might be mentioned whilst we are connected with the old coun- 152 Haywood's history of Tennessee. ties, may not only bs nearly useless to us, but many of them prove injurious; and this will always be the case during a con- nection with them, because they are the most numerous, and, consequently, wall always be able to make us subservient to them ; that our interest must be generally neglected, and some- times sacrificed, to promote theirs, as was instanced in the late taxation act, in which, notwithstanding our local situation and improvement being so evidently inferior, that it is unjust to tax our lands equally, yet they have expressly done it; and our lands, at the same time, not one-fourth of the same value. And to make it still more apparent that we should associate the whole councils of the State, the Continental Congress, by their re- solves, invite us to it. The Assembly of North Carolina, by their late cession bill, opened the door, and by their prudent measures invite us to it. And as a closing reason to induce to a speedy association, our late convention, chosen to consider public affairs and concert measures as appears from their re- solves, have unanimously agreed that we should do it by sign- ing the following articles: "Firstly, that we agreed to intrust the consideration of pub- lic affairs, and the prescribing rules necessary to a convention, to be chosen by each company as follows: That if any company should not exceed thirty, there be one representative; and where it contains fifty, there be two; and so in proportion, as near as may be; and that their regulations be reviewed by the associa- tion. "Secondly, as the welfare of our common country depends much on the friendly disposition of Congress, and their rightly understanding our situation, we do, therefore, unanimously agree to speedily furnish a person, with a reasonable support, to present our memorial and negotiate our business in Con- gress. "Thirdly, as the welfare of the community also depends much on public spirit, benevolence, and regard to virtue, we therefore unanimously agree to improve and cultivate these, and to dis- countenance every thing of a contradictory and repugnant nat- ure. "Fourthly, we unanimously agree to protect this association with our lives and fortunes, to which we pledge our faith and reputation." Haywood's history of Tennessee. 153 These reports being made and concurred with, on motion of Mr. Cocke, it was resolved that the clerks of the County Courts, who have the bonds and recognizance of any ojfificers; sheriffs and collectors, who have collected any of the public moneys, or are about now to collect any of the same, are hereby specially commanded and required to hold said bonds in their possession and custody iintil some mode be adoj^ted and prescribed to have our accounts fairly and properly liquidated with the State of North Carolina. And they resolved further that all the sheriffs and collectors, who have before collected any of the public mon- eys, shall be called on, and render due accounts of the moneys that they have collected and have in their hands, or may collect by virtue of their office. Messrs. White and Doak moved and were permitted to enter their dissent against both of these resolutions, because, in their opinion, it was contrary to law to retain the bonds. They re- solved that the next convention be held at the court-house of Washington County oh the 16th day of September, 1784, and to that day they adjourned. We shall presently perceive the reason why a provision was so carefully made for the admission of such contiguous parts of Virginia as might choose to become members of that society. The convention expected the coalition of the people of Wash- ington County, in Virginia, and some of their neighbors. The Assembly of North Carolina met at New Berne on the 22d of October, and rose on the 25th of November. During this session they repealed the act for ceding the western country to Congress; and in the month of November, 1784, the convention again met at Jonei?boro, and broke up in confusion. By this time there were three parties in the western counties: one ve- hement for a Constitution which had been proposed by the mi- nority; a second for the plan approved of by the committee of the convention; and a third which thought it would be best to return to the State of North Carolina, which was now preparing to repeal the cession act, and shortly after did so. At this ses- sion North Carolina not only repealed ■ the cession act, but divided the District of Morgan, and erected some of the coun- ties which formerly composed it into the District of Washing- ton — namely, Washington, Sullivan, Davidson, and Greene Counties — and appointed an assistant judge and attorney-gen- lo-i Haywood's history of Tennessee. eral to officiate in tiie Superior Court, which they directed to be held for that district at the court-house of Washington County; and they provided an additional compensation for any of the judges of the Superior Court of North Carolina who would at- tend and hold that court with the said assistant judge. They also formed the militia of that district into a brigade, and ap- pointed Col. Sevier the brigadier-general; and he was satisfied with these provisions in favor of the western people, for on the day when the people were all collected in Washington County to elect dejjuties for the ensuing convention, which was to meet on the 14th of December, Col. Sevier, at Jonesboro, where the electors were assembled, ascended the steps of an elevated door, and took from his pocket a letter which he had received from Col. Joseph Martin, who had but just returned from the Assem- bly of North Carolina, in which was contained the information that the Assembly of North Carolina had granted to the people of the western counties a General Court, had formed their mi- litia into a brigade, had appointed him the brigadier-general, and had repealed the cession act of the last session. "The grievances," said he, "which the peoj)le complained of are re- dressed, and my recommendation to them is that they proceed no fartber in their design to separate from North Carolina." By a commission from Gov. Martin, of North Carolina, dated the 26th of November, 1784, Col. Sevier was appointed brigadier- general of the District of Washington, and, by a written com- munication, dated the 1st of January, 1785, and directed to Col. Kennedy and the inhabitants of Greene County, he stated to them that he had been recently and credibly informed that the Legislature of North Carolina had repealed the cession act of the last session and had erected the eastern counties into a district by the name of Washington; and to prevent confusion and controversy amongst the people of those counties, he begged that all further pursuits in respect to a new government might be declined. Mr. Cocke, however, soon afterward had an interview with him and erased the favorable impression he had received toward the government of North Carolina. The delegates were elected. The convention again met at Jonesboro on the 14th of Decem- ber, 1784, and, though at this time fully apprised of the repeal of the cession act by North Carolina, they proceeded without Haywood's iiistory of Tennessee. 155 any regard to it. Each county had elected five deputies, the same number from each county, which, in 1776, had formed the Constitution of North Carolina. The deputies chosen from Washington were: John Sevier, who was made President of the convention, William Cocke, John Tipton, Thomas Stewart, and the Kev. Samuel Houston! For the county of Sullivan: David Looney, Eichard Gammon, Moses Looney, William Cage, and John Long. For the county of Greene: James Keese, Daniel Kennedy, John Newman, James Koddye, and Joseph Hardin. They agreed upon the form of a Constitution under which the new government should be organized and act till it should be rejected or received by a new convention, which they directed to be elected and to meet at Greeneville on the 14th of November, 1785. Before a final ratification of the new Constitution, they wished to excite discussion amongst the people and to elicit and collect the public sentiment upon its merits or defects. In the meantime it was ordained that the Assembly at Frankland, for that was the name given to the new State, should be elected and should meet early in the year of 1785, for the purpose of put- ting into operation the new government. The Assembly met at the appointed time to legislate for the State of Frankland, and elected John Sevier Governor, David Campbell a judge of the superior court, and Joshua Gist and John Anderson assistant judges. Landon Carter w^as Speaker of the Senate, and '^\'illiam Cage Speaker of the House of Commons. They appointed like- wise all other officers, civil and military, which by the forms of the new Constitution they were authorized to make. The ap- pointments generally fell tipon those who already held offices under the State of North Carolina. The new appointments were generally accepted and acted under. The government of Frank- land being thus organized, and the agents to administer it being thus prepared, it soon afterward went into full operation. The Assembly of Frankland, by a communication signed by the two Speakers and transmitted to Alexander Martin, Esq., the Governor of North Carolina, announced to him that they and the inhabitants of the counties of Washington, Sullivan, and Greene had declared themselves independent of the State of North Carolina, and no longer considered themselves under the sovereignty and jurisdiction of that State. In this document they set forth the reasons for their separation. On the 25th of 156 HAYWOOD'S HISTOKY OF TENNESSEE, April, 1785, Gov. Martin issued his manifesto, in wLicli lie stated and answered seriatim each alleged cause of separation. One reason, said he, is that the western country was ceded to Con- gress without their consent, by an act of the Legislature, and the same was repealed in the same manner. To this he replied that the impartial world may judge. Let facts be brought for- ward and speak for themselves. The journals of the Assembly hold up to public view the names of those who voted on the dif- ferent sides of that important question, where is found a con- siderable ^number, if not a majority of the members, some of whom are leaders in the present revolt, then representing the above counties in the aforesaid territory, in support of the act they now deem impolitic, and pretend to reprobate, which in all probability would not have passed but through their influence and assiduity, the passage of which was at length affected but by a small majority. That government should still be support- ed and the anarchy prevented, which it is now suggested the western people were ready to fall into; the sovereignty and ju- risdiction of the State of North Carolina were by another act passed at the same Assembly reserved over the ceded territory, with full power and form as before, until Congress shall accept the cession aforesaid. The last Assembly having learned what uneasiness and discontent the cession act had occasioned through the State, whose inhabitants had not been consiilted in that pre- cipitate measure, judging the act impolitic at this time, more es- pecially as it would, for a small consideration, dismember the State of oue-half her territory, when no one State had parted with any of her citizens on the like occasion, or given any thing like an equivalent but vacant lands of a disputed title and dis- tant situation; aud also, considering that the act by its tenor and form was revocable at any time before the delegates should complete the cession by grant, repealed it by a great majority. At the same time the Assembly, to satisfy the people of the western country that although they had ceded the vacant terri- tory, by no means had relinquished the sovereignty and juris- diction of the State over them, and to convince them of their affection and attention to their interest, attempted to render government as easy as possible to them by removing such incon- veniences and grievances as they might labor under for want of a regular administration of criminal justice, and a proper and HAYWOOD'S HISTORY OF TENNESSEE. 157 immediate command o£ the militia. A new district was erected, an assistant judge and a brigadier-general were appointed. Another reason for the revolt is assigned that the Assembly, on passing the cession act, shipped a quantity of goods they had intended for the Cherokee Indians as a compensation for their claims to the western lands, and that the Indians had committed murder in consequence thereof. The journals of the Assembly evince the contrary, that the goods were still ordered to be given to the Indians, but under the regulation of Congress, should the cession take place. This occasioned the delay of not immediately sending them forward, of which the Indians were particularly and timely notified. "And I am well informed," said he, " that no hostilities or mischiefs had been committed on this account; but, on the other hand, that provocations have been and are daily given, their lauds trespassed upon, and even one of their chiefs murdered with impunity. On the repeal of the cession act, a treaty was ordered to be held with the Indians and the goods distributed as soon as the season would permit, which before this would have been carried into effect had not the face of affairs been changed. Under what character but truly disgraceful could the State of North Carolina suffer treat- ies to be held with the Indians, and other business transacted in a country where her authority and government were rejected and set at naught, and her officers liable to insult and void of assistance and protection? "The particular attention the Legislature have paid to the in- terest of the western citizens, t^iough calculated to conciliate their affections and esteem, has not been satisfactory, but has been attributed to lucrative designs. Whatever designs the As- sembly might entertain in the repeal of the cession act, they appear to be in favor of the State at large, that every citizen might reap the advantage of the vacant territory, by reserving it for the payment of the public debts of the State, under such regulations hereafter to be adopted, judging it ill-timed generos- ity to be too liberal of the means which would greatly contribute to their honesty. But designs of a more dangerous nature, and of a deeper dye, seemed to glare in the western revolt. The power usurped over the vacant territory, the Union deriving no emol- ument from it, not even the part intended this State by the cession, being reserved; her jurisdiction and sovereignty over 158 Haywood's histoby of Tennessee, the country, which by the consent o£ its representatives were to remain, and to be exercised, rejected, and deposed; her rev- enue in that part of the government seized by the new authority and not suffered to be paid to the lawful treasury, but appropri- ated to jjurposes different from those intended by the Legislat- ture — are all facts that evince a restless ambition and lawless thirst for power to have inspired this enterprise, by which those persons concerned therein may be precipitated into measures which must at last bring down ruin upon themselves and our country at large. In order, therefore, to reclaim such citizens, who, by specious pretenses and the arts of designing men, have been seduced from their allegiance to the State, to restrain oth- ers from following their example who are wavering, and to con- firm the attachment and affection of those who adhere to the old government, and whose fidelity has not yet been shaken, I have, said he, thought proper to issue this manifesto, warning all per- sons concerned in the revolt that they return to their duty and allegiance, and forbear pajdng any obedience to any self-created power and authority unknown to the Constitution of the State, and unsanctioned by the Legislature; that far less causes have deluged States and kingdoms in blood, which have at length terminated their existence, either by subjecting them a prey to foreign conquerors, or erecting in their room a despotism that has bid defiance to time to shake off the lowest state of misery human nature can be reduced to under such a government. That they should reflect, there is a natural pride in all kingdoms and States which inspires every citizen and subject with impor- taiKje, the grand cement and support of government which must not be insulted. That the honor of this State has been particularly wounded by prematurely seizing that by violence which in time, no doubt, would have ])een granted by consent, when the terms of separation could have been explained and stipulated to the mutual satisfaction of the mother and new State, That Congress, by the confederation, cannot countenance such a separation, wherein the State of North Carolina has not given her full consent, and if an implied and conditional one has been given, it has been rescinded by a full Legislature. So sol- emn and serious a business will be transacted with caution ; that by such rash, irregular conduct a precedent is formed for every district, or even every county in the State, to claim the right of Haywood's history of Tennessee. 159 separation and independence for any supposed grievance of the inhabitants, as caprice, pride, or ambition shall dictate, with impunity, thereby exhibiting to the world a melancholy instance of a feeble and pusillanimous government that is unable, or does not restrain the designs or punish the offenses of its lawless citizens, which will give ample cause of exultation to our late enemies, and raise their hopes that they may hereafter gain by the divisions among ourselves that dominion which their tyranny and arms have lost, and could not maintain. That the citizens of the western country tarnish not the laurels they so gloriously won at King's Mountain and elsewhere in supporting the inde- pendence of the United States, and this in particular, to be whose citizens was their boast, in being concerned in a black and traitorous revolt from the government in whose defense they have so copiously bled, and still, by solemn oath, are bound to support. Let not Vermont be held out as an example. Ver- mont had her claims for a separation before the existence of the American war, and as such with the other States has exercised her efforts against the late common enemy. That you be not insulted or led away with the pageantry of a mock government, without the essentials; a shadow without the substance, which always dazzles weak minds, and which, in its present form and manner of existence, will not only subject you to the ridicule and contempt of the world in general, and raise the indignation of the other States in the Union at your intruding yourselves as a power amongst them without their consent. Consider what a number of men of different abilities will be wanting to fill the civil list of the State of Frankland, the expense necessary to sup- port them according to their various degrees of dignity; when the District of Washington, with its present officers, might an- swer all the purposes of a happy government until the period arrived when a separation might take place to mutual advan- tage and satisfaction, on an honorable footing. " The Legislature will shortly sit, before which the transactions of your leaders will be laid. Let your representatives come for- ward and present every grievance in a constitutional manner, that they may be redressed; or let your terms of separation be made known, your proportion of the public debt be ascertained, the vacant territory appropriated to the mutual benef fe of both parties, in such manner and proportion as may be just and rea- 160 Haywood's histoey of Tennessee. sonable. Let your proposals be consistent with tlie honor of the State to accede to, which, by your allegiance as good citi- zens, you cannot violate, and he made no doubt her generosity would meet their wishes. But, on the contrary, should you," he continued, "be hurried by blind ambition to persist in your pres- ent unjustifiable measures, which may open afresh wounds of this late bleeding country, and plunge it again in the miseries of civil war, which God avert, let the fatal consequence be charged on the authors. It is only time which can reveal the event. The State with reluctance will be driven to arms. It will be her last alternative to imbrue her hands in the blood of her citizens. But if no other way or means can be found to save her honor and reclaim her headlong, refractory citizens but this last-named expedient, her resources are not so exhausted, or her spirit so damped, but that she may take satisfaction for the in- jury received, regain her government over the revolted territo- ry, or render it not worth the possessing. But all these effepts may be prevented by removing the cause, by those who have swerved from their duty and allegiance returning to the same, and those who have stood firm still continuing to support the government of the State until the consent of the Legislature be fully and constitutionally had for a separate sovereignty and ju- risdiction, all which, by virtue of the power and authority which your representatives and others in the State at large have in- vested me with in General Assembly, I hereby command and require, as you will be liable to answer all the pains and penal- ties that may ensue on the contrary." This State paper, conceived in the glowing spirit of the day, presents to full view the governing motives of the contending parties — the alleged causes of separation, together with the ar- guments then resorted to for their refutation, the topics then dwelt upon, and the sentiments recommended in place of those which the chosen leaders of the new government had avowed, and were endeavoring to propagate — it gives a fresh and ani- mated picture of the times, and therefore, upon this subject, is of great importance. Copies were dispersed and read among the citizens of the new State. Many were induced to look more deeply into the subject than they had before done; and the ad- herents of North Carolina were supplied with new weapons to be used against their adversaries as fresh stimulants to perse- Haywood's history of Tennessee. 161 vere in tlie course tliey were pursuing. But, as was to be ex- pected, the goYernment of Frankland did not recede from its purposes, nor harbor the most distant thought of abandoning the position it had taken. It soon began, however, to experience an increased weight of opposition; and those who were learned in politics could already begin to j^erceive the deleterious princi- ple by which the first constitution of every system, whether nat- ural or political, is destined at some future period to be brought to an end. County Courts as well as Superior Courts were established, and justices of the peace were appointed. All acted in the places assigned them. New counties were erected — Caswell, Spencer, and Sevier. The latter county covered the same territory that it now does, and some part of what is at present the County of Blount. Caswell County occupied the section of country which is now Jefferson. Spencer County occupied what is now Haw- kins. On the 10th of June, 1785, the Governor, by proclamation, announced the appointment of Mr. Eamsey as Clerk of the Su- perior Court for the District of AVashington. County and Su- perior Courts were held, and the militia was mustered and dis- ciplined under its authority. Samuel Weir was the Clerk of the County Court of Sevier, and colonel of the militia. Samuel Newell and John Clack were the Representatives of the county in the next General Assembly. Thomas Henderson was the Clerk of the County Qourt of Spencer and colonel of the mi- litia; and William Cocke and Thomas King Representatives. Joseph Hamilton was the Clerk of the County Court of Caswell, George Doherty was colonel of the militia, and Alexander Out- law and Henry Caney Representatives. Daniel Kennedy was the Clerk of the County of Greene, and John Newman colonel of the militia. James Sevier was the Clerk of the County Court of Washington. John Rhea was the Clerk of the County Court of Sullivan; George Maxwell, Col. John Long, John Provin, and George Maxwell, members of the Assembly. Landon Carter was appointed Secretary of State; Daniel Kennedy and William Cocke, brigadier-generals; and they delegated William Cocke to represent their situation to the Congress of the United States. Mr. Cage was elected Treasurer, and Stokely Donaldson, Sur- veyor. In the place of the late Speaker of the House of Com- 11 162 Haywood's history of Tennessee. mons they made Joseph Hardin, from Greene Connty, the Speaker. And thus the new government seemed to float upon the full tide of success. The following is a list of the acts of the first session of the first General Assembly of Frankland. They were ratified on the 31st of March, 1785; were signed by Landon Carter, Speaker of the Senate; countersigned by Thomas Talbot, Clerk of the Senate; and by William Cage, Speaker of the House of Com- mons; countersigned by Thomas Chapman, Clerk of the House: An act to establish the legal claims of persons claiming any property under the laws of North Carolina, in the same manner as if the State of Frankland had never formed itself into a dis- tinct and separate State. An act to appoint commissioners, and to vest them with full power to make deeds of conveyance to such persons as have purchased lots in the town of Jonesboro. An act for the promotion of learning in the County of Wash- ington. An act to establish a militia in this State. An act for dividing Sullivan County, and part of Greene, into two distinct counties, and erecting a county by the name of Spencer. An act for procuring a great seal for this State. An act directing the method of electing members of the Gen- oral Assembly. An act to divide Greene County into tjiree separate and dis- tinct counties, and to erect two counties by the name of Caswell and Sevier. An act to ascertain the value of gold and silver foreign coin, and the paper currency now in circulation in the State of North Carolina, and to declare the same to be a lawful tender in this State. An act for levying a tax for the support of government. An act to ascertain the salaries allowed the Governor, Attor- ney-general, judges of the Superior Courts, assistant judges. Sec- retary, Treasurer, and members of the Council of State. An act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same, and collecting public taxes. An act to ascertain the powers and authorities of the judges Haywood's histoey of Tennessee, 163 of tlie Superior Courts, the assistant judges, and justices of the peace; and of the County Courts of Pleas and Quarter Sessions, and denoting the time and place of holding the same. An act for erecting a part of Washington County, and that part of Wilkes County lying west of the extreme heights of the Appalachian and Alleghany Mountains, into a separate and dis- tinct county by the name of Wayne. These laws were nearly copies of those made in North Car- olina upon the organization of the revolutionary government. Their style was this: "Be it enacted by the General Assembly of the State of Frankland." The present temporary form of government, until a new Constitution should be made by the people, was that of North Carolina. The State of Frankland, at the rise of this session, was composed of the counties of Washington, Sullivan, Greene, Caswell, Sevier, Wayne, and Spencer. The first Monday of August was fixed by law for the annual meeting of the Legislature. In the law for levying a tax for the support of the government was the clause following: "i?e it enacted, That it shall and may be lawful for the afore- said land tax, and all free polls, to be paid in the following man- ner: Good flax linen, ten hundred, at three shillings and six pence per yard; nine hundred, at three shillings; eight hundred, two shillings and nine pence; seven hundred, two shillings and six pence; six hundred, two shillings. Tow linen, one shilling and nine j^ence; liusey, three shillings; and woolen and cotton linsey, three shillings and six pence per yard; good, clean, beav- er skins, six shillings; cased otter skins, six shillings; nncased otter skins, five shillings; raccoon and fox skins, one shilling and three pence; woolen cl^th, at ten shillings per yard; bacon, well cured, six pence per pound; good, clean tallow, six pence per pound; good, clean bees-wax, one shilling per pound; good, distilled rye whisky, at two shillings and six pence per gallon; good peach or apple brandy, at three shillings per gal- loon; good, country-made sugar, at one shilling per pound; deer skins, the pattern, six shillings; good, neat, and well-managed tobacco, fit to be prized, that may pass inspection, the hundred, fifteen shillings, and so on in proportion for a greater or less quantity." They by law estimated two dollars and a half to be equal to fifteen shillings of the current money of Frankland. They allowed the Governor annually two hundred pounds; the 164 Haywood's history of Tennessee. attorney-general twenty-five pounds for each court he attended; the Secretary twenty-five pounds for the present year, over and above the fees allowed him by law; the judge of the superior court, one hundred and fifty pounds for the present year; the assistant judges twenty-five pounds each for every court they shall attend; the Treasurer, forty pounds per year; and each member of council, six shillings per day for each day he shall be in actual service. The last section of the act is in these words: "And all the salaries and allowances hereby made shall be paid by the Treasurer, sheriff, or collector of public taxes, to any person entitled to the same, to be paid in specific articles as collected, and the rates allowed by the State for the same, or in current money of the State of Frankland." In specifying the skins which might be received as a commutation for money, the risibility of the unthinking was sometimes excited at the remu- neration. The rapidity of wit, which never stops to be informed, and which delights by its oddities, established it as an axiom that the salaries of the Governor, judges, and other officers were to be paid in skins absolutely; and, to add to their merriment, had them payable in mink skins. This idea has been the theme of much pleasantry toward the citizens of Frankland. But, in sober reason, it is to be remembered that the lord proprietors of Carolina, at an early day, preferred peltry to paper bills of credit; and certainly, even now, there are quantities of paper money in the United States between which and the mink skins of East Tennessee there would be no comi3arison nor any hesitancy in giving the. preference to the mink skins. It is to be remarked that in the State of Frankland at that day merchants from the north were always ready with their gold and silver to purchase skins and furs, which could be at any moment exchanged for gold and silver at certain well-known and well-established prices, with as much ease as a bill of ex- change could now be converted into cash, and in some instances with much more certainty. And it may be safely said that at this moment it would be a matter of great consolation to many of the citizens of Tennessee had some of their banks been founded on mink skin capital. The government of Frankland was not in- attentive to their relations with the neighboring Indians. Gov. Sevier, with two others, Alexander Outlaw and Daniel Kennedy, were appointed commissioners to treat with them, and met a Haywood's history of Tennessee. 165 great number of the Cherokee chiefs with the king of the Cher- okees, at the house of Maj. Henry, on the French Broad Eiver, on the 31st of May, 1785, and continued their conferences to the 2d of June. The Indians agreed in the end that all the lands on the south of the French Broad and the Holston, as far as the di- viding ridge between Little River and Great Tennessee, maybe inhabited by the white people, for which, in general terms, they are promised compensation. Both parties professed a sincere de- sire for the blessings of peace and an ardent wish that it might be of long continuance. The Governor, in a spfeech well calcu- lated to produce the end he had in view, deplored the sufferings of the white people; the blood which the Indians had spilled on the road leading to Kentucky; lamented the uncivilized state of the Indians, and, to prevent all future animosities he suggested the propriety of fixing the bounds, beyond which these settle- ments should not be extended which had been imprudently made on the south side of the French Broad and the Holston, under the connivance of North Carolina, and could not now be broken up; and he pledged the faith of the State of Frankland, if these bounds should be agreed upon and made known, that the citi- zens of this State should be effectually restrained from all en- croachment beyond it. The Assembly met again in August and passed laws for promoting the views of the new government. They passed a law for encouraging the expedition which it was intended should proceed down the river on the western side and take possession of the bend of the Tennessee, under the titles derived from the State of Georgia. A division into parties had commenced and was silently making its way, and the flames of discord were fanned by the repealing act of North Carolina. One party began to prefer an adherence to North Carolina, and the other harbored the wish to oppose all practical impediments to the government of Frankland. The powers of government, however, were exercised in the name of the new State, without any remarkable obstruction, till some time toward the latter part of the year 1785. It was found in the fall of this year that the novelty of change and of new titles and dignities possessed fascinations which were not confined to the counties that now constituted the State of Frankland. Washington County, in Vir- ginia, adjoined the county of Sullivan, and neither ambition nor pretexts were wanting to stir up among the populace, ever cap- 166 Haywood's history of Tennessee. tivated by new spectacles, a desire to be separated from the mother State. The seeds of disaffection were industriously sown among the people of Washington and their neighbors. Such topics as supplied the most spacious grounds of complaint were fixed upon and carefully introduced into public discourses. As discontents were perceived to arise, the scheme of disapproba tion of public measures gradually advanced; at length its objects were so daringly avowed as to call for the interposition of the chief magistrate of Virginia. In the month of October, 1785, Gov Henry communicated to the Assembly of Virginia the intelligence he had received, in the following words: "I transmit herewith a letter from the Honorable Mr. Hardy, covering a memorial to Congress from sundry inhabitants of Washington County, praying the estab- lishment of an independent State, to be bounded as therein ex- pressed. The proposed limits include a vast extent of country in which we have numerous and very respectable settlements, which, in their growth, will form an invulnerable barrier be- tween this country and those who, in the course of events, may occupy the vast places westward of the mountains, some of whom have views incompatible with our safety. Already the militia of that part of the State is the most respectable we have, and by their means it is that the neighboring Indians are awed into professions of friendship. But a circumstance has lately hap- pened which renders the possession of territory at the present time indispensable to the peace and safety of Virginia. I mean the assumption of sovereign power by the western inhabitants of North Carolina. If the people who, without consulting their own safety, or any other authority known in American consti- tutions, have assumed government, and while unallied to us, and under no engagements to pursue the objects of federal govern- ment, shall be strengthened by the accession of so great a part of our country, consequences fatal to our repose will probably follow. " It is to be observed that the settlements of this new soci- ety stretch into a great extent in contact with ours in AVashing- ton County, and thereby expose our citizens to the contagion of the example which bids fair to destroy the peace of North Car- olina. In this state of things, it is that variety of information has come to me stating that several persons, but especially Col. Haywood's history of Tennessee. 167 Artliur Campbell, have used their utmost endeavors, and with some success, to persuade the citizens in that quarter to break oflp from this commonwealth and to attach themselves to the newly assumed government, or to erect one distinct from it. And to effect this purpose, the equality and authority of the laws have been arraigned, the collection of the taxes impeded, and our national character impeached. If this most important part of our territory be lopped off, we lose that barrier for which our people have long and often fought; that nursery of sol- diers from which future armies may be levied, and through which it will be almost impossible for our enemies to penetrate. "We shall aggrandize the new State, whose connections, views, and designs we know not; shall cease to be formidable to our savage neighbors, or respectable to our western settlements, at present or in future. " Whilst thesd and many other matters were contemplated by the executive, it is natural to suppose the attempt at separation was discouraged by every lawful means, the chief of which was displacing such of the field officers of the militia in Washington County as were active partisans for separation, in order to pre- vent the weight of ofiice being put ia the scale against Virginia. To this end a proclamation was issued, declaring the militia laws of the last session in force in that county, and appoint- ments were made agreeable to it. I hope to be excused for ex- pressing a wish that the Assembly, in deliberating on this affair, will prefer lenient measures, in order to reclaim our erring citi- zens. Their taxes have run into three years, and thereby grown to an amount beyond the ability of many to discharge; while the system of our trade has been' such as to render their agri- culture unproductive of money. And I cannot but suppose that if even the warmest supporters of separation had seen the mischievous consequences, they would have retraced and con- sidered that intemperance in their own proceedings which op- position in sentiment is too apt to produce." The disapprobation of this great patriot and enlightened man, though it eventually suppressed the multitudinary commotions in Washington, of Virginia, had not the like effect upon the new government of Frankland. The limits proposed for the new government of Frankland by CoL Arthur Campbell and the people of Virginia who aimed at 168 Haywood's history of Tennessee. a separation from that State, were expressed in the form of a Constitution, wliicli Col. Campbell drew up for public examina- tion, and were tliese: Beginning at a point on the top of the Al- leghany or Appalachian Mountains so as a line drawn due north from thence will touch the banks of New Piiver, otherwise called Kenhawa, at the confluence of Little River, which is about one mile above Ingle's Ferry; down the said river Kenhawa to the mouth of Kencovert or Green Briar River; a direct line from thence to the nearest summit of the Laurel Mountain, and along the highest part of the same to the point where it is in- tersected by the parallel of thirty-seven degrees north latitude; west along that latitude to a j^oint where it is met by a meridian line that passes through the lower part of the rapid of Ohio; south along the meridian to Elk River, a branch of the Tennes- see, down this said river to its mouth, and down the Tennessee to the most southwardly part or bend in said river; a brief line from thence to that branch of the Mobile called Donbigbee; down said river Donbigbee to its junction with the Coosawatee River, to the mouth of that branch of it called the Hightower; thence south to the top of the Appalachian Mountains, or the highest land that divided the sources of the eastern from the western waters, northwardly along the middle of said heights and the top of the Appalachian Mountain to the beginning. It was stated in the proposed form that the inhabitants within these limits agree with each other to form themselves into a free, sov- ereign, and independent body, politic or State, by the name of the Commonwealth of Frankland. The laws of the Legislature were to be enacted by the General Assembly of the Common- wealth of Frankland; and all the laws and ordinances which had been before adopted, used, and approved in the different parts of this State, whilst under the jurisdiction of Virginia and North Carolina, shall still remain the rule of decision in all cases for the respective limits for which they were formerly adopted, and shall continue in full force until altered or re- pealed by the Legislature; such parts only excepted as are re- pugnant to the rights and liberties contained in this Constitu- tion or those of the said respective States. The Assembly of North Carolina, which commenced its session at Newbern on the 19th of November, 1785, passed an act preced- ed by a preamble, in which it is stated as represented to the As- Haywood's history of Tennessee. 169 sembly tliat mauy of the inhabitants of Washington, Greene, and Sullivan Counties have withdrawn their allegiance from this State, and have been erecting a temporary separate government amongst themselves, in consequence of a general report and be- lief that the State being inattentive to their welfare had ceased to regard them as citizens, and had made an absolute cession, both of the soil and jurisdiction of the country in which they re- side, to the United States, in Congress. And whereas such re- port was ill-founded, and it was and continues to be the desire of the General Assembly of this State to extend the benefits of civil government to citizens and inhabitants of the western counties until such time as they might be separated with advan- tage and convenience to themselves. And the Assembly are ready to pass over and consign to oblivion the mistakes and mis- conduct of such persons in the above-mentioned counties as have withdrawn themselves from the government of this State; to hear and redress their grievances, if any they have, and to af- ford them the protection and benefits of government until such time as they may be in a condition, from their numbers and wealth, to be formed into a separate commonwealth, and be re- ceived by the United States as a member of the Union. By the act itself they put in total oblivion all matters and things done and transacted by the inhabitants of the counties aforesaid, in setting up or endeavoring to set up an independent government, and carrying on the same, and pardoned the same, provided they returned to their allegiance to this State; and they appointed elections to be held in those counties, of persons to represent them in the next General Assembly of North Carolina; and the freemen were authorized to elect three good men to superintend and act as inspectors of the poll in case of the failure of the County Court to appoint inspectors, as the standing laws of elections required; and the inspectors thus chosen by the free- men were empowered to make a return and certificate of the persons duly elected; they also gave eighteen months further time for the completion of surveys; they also at this session ap- pointed officers for the revolted counties, both civil and milita- ry, in place of those who had been appointed by the govern- ment of Frankland. Notwithstanding these advances toward a good understanding and reconciliation by the Assembly of North Carolina, mauy of the inhabitants of the western counties 170 Haywood's history of Tennessee. resolved never to return to a dependence on that State, and to maintain the government which they were forming for them- selves at all hazards. The convention at Jonesboro in December, 1784, and the As- sembly of Frankland in August, 1785, had recommended to the people to choose a convention for the purpose of adopting the proposed Constitution, or of altering it as they should instruct. Deputies were elected accordingly, and met at Greeneville on the 14th of December, 1785. From different parts of the new State the people forwarded instructions which showed that there was a great diversity of sentiment among them. The convention, after some debate, agreed to appoint a committee who should prejDare a form of government to be laid before the- convention, that it might be examined, altered, amended, and added to, as the majority should think proper; and that thus it might be j^erfected and finished in as accurate a manner as the united wisdom of the members could devise. After the com- mittee retired, the first thing they agreed upon was to proceed upon the business by taking the Constitution of North Carolina for their groundwork; and, together with it, all the political helps that the thirteen Constitutions of the United States, the instructions of the people, and any other quarter might afford, to prepare a report to lay before the convention. In this man- ner the committee proceeded, adhering strictly to the ground- work (the Constitution of North Carolina), retaining of it what- ever appeared suitable, and to it added pieces out of other political helj)s till they had so formed their plan that it might be laid before the whole convention, and be examined, altered, amended, and improved, as the majority should think best. The whole house having met, the report of the committee was laid before them, and entirely rejected, in consequence of which, on motion of Mr. Cocke, the w^hole house took up the Constitu- tion of North Carolina, and, hastily reading it, approved of it in the general; whilst the friends of the report of the committee strove to introduce it, but all in vain. Some material points of their plan — a single house of legislation, equal and adequate representation, the exclusion of attorneys from the Assembly, etc. — and failing in the most important points, as they con- ceived, they, by the unanimous consent of the whole covention, were permitted to enter upon the journals their dissent to what Haywood's history of Tennessee. 171 had been carried in convention; and also to hold out to the peo- ple, for their consideration, the rejoort of the committee, except the greater part of the 32d Section, which, upon second thought, they expunged. The dissent which they entered upon the jour- nals was as follows: " The dissent is because we deem the report of the committee (excluding that part of the 32d Article which fixes a tax upon certain articles, as indigo, tobacco, flour, etc. ) to be the sense of a majority of the freemen of Frankland; and more agreeable to a republican government, which report, so considered, we hold out for the consideration of the people." Signed: "David Campbell, Samuel Houston, John Tipton, John Wier, Eobert Love, William Cox, David Craig, James Montgomery, John Strain, Robert Allison, Itevid Looney, John Blair, James White, Samuel Newell, John Gilliland, James Stuart, George Maxwell, Joseph Tipton, and Peter Parkison" — nineteen in all. A great outcry was raised against the report, and its friends vindicated it by an appeal to the public, in which a wounded spirit is very discernible. They accounted for and excused the inaccuracies of the report, and sheltered it from severe and crit- ical remarks. They said it was certain, from the nature of things, and the declarations of mauy of those who entered the dissent, that they did not look upon the report as a finished and perfect piece, as its warmest advocates themselves said in con- vention. Both they and its enemies meant to inspect every paragraph narrowly, and what, upon mutual deliberation, ap- peared good to receive and by a majority of votes confirm; and what did not, to reject. For the true light in which it should be viewed was, as they declared, that every sentence was a mere proposal unfinished, unconfirmed, and not to be established until the whole house, after due examination and debate upon it, had approved of it. "And," said they, "it must appear that the loud and bitter outcry that has been raised against the report and its friends is not like the friendly criticism of loving citi- zens, but resembles the advantages which enemies take of each other, and the use they make of them, when excited by malice and bitter emnity." They besought the public to lay aside prejudice and to search honestly for the truth, and not for quibbling defects — particularly M'eighing every part in connec- tion with the whole, whence it might be seen that the greater 172 Haywood's histoey of Tennessee. part and substance of the report of the committee contains prin- ciples, provisions, and restrictions which secure the poor and the ruled from being trampled upon by the rich and the ralers; also their property and money from being taken away to sup- port the extravagance of the great men; aud that it is full of that which tends to free them from the prevailing enormous wickedness, and to make the citizens virtuous. And that it is well calculated to open the eyes of the people, to look upon the proceedings of the public, and to know and judge for themselves when their rights and privileges are enjoyed, or infringed; and therefore suitable to remove ignorance from the country; is as beneficial to men who wish to live upon the people, as ignomin- ious in the Church of Home to support the tyranny of the pope and his clergy. Then follows in their*public address the Con- stitution which the committee recommended in their report. The same convention which established the Constitution of North Carolina for the State of Frankland sent William Cocke, Esq., with a memorial to Congress, together with the Constitu- tion they had agreed to, and with an application to be admitted into the Union. Congress gave no ear to the application, and Mr. Cocke returned without effecting any of the objects of his mission. In this year (1785) the Assembly of Georgia, by an act passed for the purpose, established a county by the name of Houston, opposite the Indian town called Nickajack, in the bend of the Tennessee, opposite the Muscle Shoals, including all the terri- tory which belonged to Georgia on the north side of the Ten- nessee. They appointed Col. Hord, Col. Downs, Mr. Lindsay, John Donalson, and Col. Sevier to act as commissioners, with authority to organize the new county. They opened the land of- fice there, appointed Col. John Donalson surveyor, and author- ized the issuance of warrants. The commissioners, with eighty or ninety men, descended the river to the point where it was in- tersected by the State line. They appointed military officers and justices of the peace, and elected Valentine Sevier, the brother of Gov. Sevier, to represent them in the General Assem- bly of Georgia. The land-warrants were signed by John Don- alson and John Sevier, and were dated the 21st of December, 1785. After remaining there a fortnight, dreading the hostile appearance which the Indians manifested, they broke up the Haywood's history of Tennessee. 173 settlements and withdrew. Zacliariali Cox was with them, who, with two others by the name of Smith, and two by the name of Bean, had been sent by Col. Wade Hampton to explore the country. Valentine Sevier went to the Assembly of Georgia to take his seat, but was not received. Col. Hampton then had land- warrants from South Carolina, with which he intended to cover the lands to the distance of several miles from the North Car- olina line, contending in behalf of Sonth Carolina that the head branches of the Savannah did not reach the North Carolina lijie by several miles; and that a line due west from the head to the Mississippi was the boundary of Georgia. This claim was aft- erward abandoned, and Col. Hampton failed in the attempt to obtain his titles. 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; the militia was called out by officers appointed by both ; laws were passed by both As- semblies, and taxes were laid by the authority of both States. The differences in opinion in the State of Fraukland between those who adhered to the government of North Carolina and those who were the friends of the new government became every day more acrimonious. Every fresh provocation on the one side was surpassed in the way of retaliation by a still greater provo- cation on the other. The jiidges commissioned by the State of Frankland held Supreme Courts twice in each year in Jones- borough. Col. Tij)ton openly refused obedience to the new gov- ernment. Tliere arose a deadly hatred between him and Gov. Sevier, and each endeavored by all the means in his power to strengthen his party against the other. Tipton held courts un- der the authority of North Carolina at Buffalo, ten miles above Jonesborough, which were conducted by her officers and agreea- bly to her laws. Courts were also held at Jonesborough, in the same county, under the authority of the State of Frankland. As the processes of these courts frequently required the sheriffs to pass within the jurisdiction of each other to execute them, a ren- counter was sure to take place. Hence it became necessary to ap- point the stoutest men in the county to the office of sheriff. This state of things produced the appointment of A. Caldwell, of Jones- borough, and Mr. Pew, the sheriff in Tipton's court. While the 174 Haywood's history of Tennessee. County Court was sitting at Jonesborougli in this year, for the county of Washington, Col. John Tipton, with a party of men, entered the court-house, took away the papers from the clerk, and turned the justice out-of-doors. Not long after Sevier's party came to the house where a County Court was sitting for the coun- ty of Washington, under the authority of North Carolina, and took away the clerk's papers and turned the court out-of-doors. Thomas Gorly was clerk of this county. The like acts were several times repeated during the existence of the Franklaud government. At one time, James Sevier then having the rec- ords of the old court under North Carolina, Tipton, in behalf of the court of North Carolina, went to his house and took them away by force and delivered them to Gorly. Shortly afterward the records were taken by Sevier's party, and James Sevier, the clerk, hid them in a cave. In these removals many valuable papers were lost, and at late periods for want of them some es- tates of great value have been lost. In the county of Greene, in 1786, Tipton broke up a court sitting at Greeneville under the Fraukland authority. The two clerks in all the three old coun- ties issued marriage licenses, and many persons were married by virtue of their authority. In the courts held under the author- ity of the State of Frankland many letters of administration of intestate estates were issued, and probates of wills were taken. The members of the two factions became excessively incensed against each other, and at public meetings made frequent ex- liibitions of their strength and prowess in boxing matches. As an elucidation of the temper of the times an incident may liere be mentioned which otherwise would be too trivial for the page of history. Shortly after the election of Sevier as Govern- or of the State of Frankland under the permanent Constitu- tion, he and Tipton met in Jonesborougli, where -as usual a vio- lent verbal altercation was maintained between them for some time, when Sevier, no longer able to bear the provocations which were given to him, struck Tipton with a cane. Instantly the latter began to annoy him with his hands clinched. Each ex- changed blows for some time in the same way with great vio- lence and in convulsions of rage. Those who happened to be present interposed and parted them before victory had de- clared for either; but some of those who saw the conflict be- lieved that the Governor was not as well pleased with his pros- HAYWOOD'S HISTORY OF TENNESSEE. 175 pects of victory as he had been with the event of the battle of King's Mountain, in which his regiment and himself had so em- inently distinguished themselves. This example was followed in the time of those convulsions by the members of their respect- ive families, who frequently and with varying success took les- sons in pugilism from each other at public meetings. The rab- ble, also, who in all countries ape their superiors, made numerous displays of their skill in gymnastic exercises, and, like the Spar- tans of old, often lost an eye or part of an ear or nose in the an- tagonistic field without the least complaint for the trifling muti- lation. To such excess was driven by civil discord a people who in times of tranquillity are not exceeded by any upon earth for all the virtues, good sense, and genuine politeness that can make mankind happy or amiable. In the month of August, 1786, an election was held at the Syc- amore Shoals, in the county of Washington, of members to rep- resent the county in the General Assembly of North Carolina, to be held at Fayetteville in November. Col. Tipton was elected Senator, and James Stuart and Kichard White were elected members of the House of Commons. At this election such per- sons as chose to accept the terms held out by North Carolina in her act of 1785 were invited to signify the same by enrolling their names, which many of them did. Opposition to the new State of Frankland from this time put on a more solemn and determined aspect than it had ever done before. On the 26th of August, 1786, John Houston, Esq., the Gov- ernor of Georgia, appointed Gov. Sevier by commission to be Brigadier-general for the District of Tennessee, formed for the defense of that State and for repelling any hostile inva- sion. Preparatory to the treaty of Hopewell, which the Cherokees made with the United States, they refrained in a great measure, both before and for some time after the treaty, from incursions into the frontier settlements on the waters of the Holston. That treaty proposed to give peace to all the Cherokees, but they soon began to believe that the gift which they had received was not of much value, and shortly became tired of the quietude derived from it. In the spring of the year 1786 they made open war upoh those settlements. They attacked the house of Biram, on Beaver Creek, in the section of country w'hich is now a part of 176 HAYWOOD'S HISTORY OF TENNESSEE. Knox County, and killed two men. Several parties were raised and set in pursuit o£ them. Among others, Gov. Sevier raised a company of volunteers and followed them. The troops assem- bled at Houston's Station, and marched across the Tennessee Eiver at the Island Town, and thence crossed by the Tellico Plains over the Unaca Mountain to the Hiwassee. They there destroyed three Indian towns called the Valley Towns, and killed fifteen Indians and encamped in a town in the vicinity. The spies discovered a large trail, and reported to the commanding officers. The troops were immediately put in motion and moved to the place where the trail was discovered. There a council of the officers was held to determine whether it was proper to fol-_ low the trail or not. The result was that the troops were marclied back to their former encampment. It was ascertained from the best information that John Watts, at the head of one thousand Indians, was endeavoring to draw Sevier and his troops into a narrow defile of rocks. Considering existing circumstances, it was thought most prudent to return home with his troops, and to procure re-enforcements, his corps consisting at this time of not more than one hundred and sixty men. They returned home by the same route they had come. In this year taxes were imposed by both governments, and paid to neither, the people not knowing, as was pretended, which had the better right to receive them; and neither government was forward in overruling the plea, for fear of giving offense to those who could at pleasure transfer their allegiance. Members of the Assembly were elected in this year, 1786, for the three old counties, and were sent to the Assembly of North Carolina, which sat at Fayetteville in the month of November. In this session they divided the county of Sallivan, and out of a part of it erected the county of Hawkins. The divisional line began where the boundary line between the Commonwealth of Virginia and the State of North Carolina crosses the North Fork of the Holston River; thence down said fork to its junction with the main Holston River; thence across said river, due south to the top of Bay's Mountain; thence along the top of said mount- ain to the top of the dividing ridge between the waters of the Holston River and the French Broad River to its junction with the Holston River; thence down the said river Holston to its junction with the Tennessee River; thence down the same to the Haywood's history of Tennessee. 177 "Snt'k," where said river runs through the Cumberland Mount- ains; thence along the top of said mountains to the aforesaid boundary line; and thence along said line to the beginning. All that part of the settlements lying to the west of the North Fork of the Holston was erected into the county of Hawkins. They appointed justices and militia officers for the county, and appointed times for holding the County Courts; and they had under consideration the measures which were to be adopted in relation to the revolters. At this critical conjuncture appeared William Cocke, Esq., on a mission from the western counties; and, at his entreaty, he was heard at the bar of the House of Commons. In a speech of some hours he pathetically depicted the miseries of his dis- tressed countrymen; he traced the motives of their sej)aration to the difficult and perilous condition in which they had been placed by the cession act of 1784. He stated that the savages in their neighborhood often committed upon the defenseless in- habitants the most shocking barbarities, and that they were without the means of raising or subsisting troops for their pro- tection, without the authority to levy men, without the power to lay taxes for the support of internal government, and with- out the hope that any of their necessary expenditures would be defrayed by the State of North Carolina, which had then be- come no more interested in their safety than any other of the United States. The sovereignty retained being precarious and nominal, as it depended on the acceptance of the cession by Congress, so it was anticipated, would be the concern of North Carolina for the ceded territory. With these considerations full in view, what were the people of the ceded territory to do to avoid the blow of the uplifted tomahawk? How were the wom- en and children to be rescued from the impending destruction? Would Congress come to their aid? Alas! Congress had not yet accepted them, and possibly never would; and if accept- ed, Congress was to deliberate on the quantum of defense which might be affi^rded to them. The distant States would wish to know what profits they could respectively draw from the ceded country, and how much land would remain after satisfying the claims upon it. The contributions from the several States were to be spontaneous. They might be too limited to do any good, too tardy for practical purposes. They might be unwilling to 12 178 HAYWOOD'S HISTOKY OF TENNESSEE. burden themselves for* the salvation of a people not connected with them by any endearing ties. The powers of Congress were too feeble to enforce contributions. Whatever aids should be , resolved on might not reach the objects of their bounty till all was lost. Would common prudence justify a reliance upon such prospects? Could the lives of themselves and their families be staked upon them? Immediate and pressing necessity called for the powers to concentrate the scanty means they possessed of saving themselves from destruction. A cruel and insidious foe was at their doors. Delay was but another name for death. They might supinely wait for events, but the first of them would be the yell of the savage through all their settlements. It was the well-known disposition of the savage 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 hand of a relentless enemy, whose mildest laws for the punisli- ment 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 hosj)itality to a peo- ple we loved so dearly. Every hand was ready to be raised for the least unhallowed violation of the sanctuaiy in which they reposed. The act for our dismissal was indeed recalled in the winter of 1784 What then was our condition? More penni- less, defenseless, 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 shows any money or supplies sent to us, a single soldier ordered to be stationed on the frontier, or any plan formed for mitigating the horrors of our exposed situ- ation? On the contrary, the savages are irritated by the stop- page 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 least be understood to what a state of distraction, suffering, and HAYWOOD'S HISTOEY OF TENNESSEE. 179 poverty lier varying conduct has reduced us; and the liberal hand of generosity should be widely opened for relief, from the press- ure of their present circumstances — all animosity should be laid aside and buried in deep oblivion, and our errors should be con- sidered as the offspring of greater errors committed by your- selves. It belongs to a magnanimous people to weep over the failings of their unfortunate children, especially if prompted by the inconsiderate behavior of the parent. Far should it be from their hearts to harbor the unnatural purpose of adding still more affliction to those who have suffered but too much already. It belongs to a magnanimous people to give an industrious at- tention to circumstances, in order to form a just judgment upon a subject so much deserving of their serious meditation; and, when once carefully formed, to employ with sedulous anxiety the best efforts of their purest wisdom in choosing a course to pursue suitable to the dignity of their own character, consistent with their own honor, and the best calculated to allay that storm of distraction in which their hapless children have been so unexpectedly involved. If the mother shall judge the ex- pense of adhesion too heavy to be borne, let us remain as we are, and support ourselves by our own exertions; if otherwise, let the means for the continuance of our connection be supplied with the degree of liberality which will demonstrate seriousness on the one hand and secure affection on the other. His speech was heard with attention, and he retired. The Assembly progressed in deliberating on the measures to be adopted with respect to the revolted counties. By another act of thi§ session they pardoned the offenses of all persons who had returned to their allegiance to the State of North Carolina; and restored them to all privileges of the other citizens of the State, as if the said offenses and misconduct had never existed. With regard to decisions respecting property, which were in- compatible with justice, they enacted that the persons injured should have remedy at common law. They continued in office all officers, both civil and military, who held and enjoyed such offices on the 1st of April, 1784; but declared vacant the offices 01 all such persons as had accepted and exercised other offices and appointments the acceptance and exercise of which were considered to be a resignation of their former offices held under the State of North- Carolina; and they directed that such vacant 180 Haywood's history of Tennessee. offices, both civil and military, shall be filled Avith proper per- sons, to be appointed by the General Assembly, and commis- sioned by the Governor of North Carolina, as by law directed. They ordered the arrearages of taxes due from the citizens of those counties, up to the end of the year 1784, to be collected and accounted for; and that all taxes due since the end of that year shall be relinquished and given up to the citizens. Measui'es conceived in so much moderation, and breathing nothing but benignity, could not fail to make the wished-for im- pression upon those whom they affected. The Assembly of North Carolina directed that the first court for the county of Washington should be held at William Davis's, on Buffalo Creek, ten miles from Jonesborough. Commissioners were ap- pointed to fix on some suitable place on which to erect the pub- lic buildings and to fix the seat of justice for this county. Aft- er various meeting aad consultations, they finally agreed upon Jonesborough as the proper place. The County Court bad been held there for several years before, until the courts them- selves were discontinued by the intrusion of the new govern- ment of Frankland. A year before this period, County Courts were held at Davis's under the authority of North Carolina; whilst at the same time courts were held at Jonesborough un- der the government of Frankland. The partisans of each gov- ernment quarreled with those of the other. Tipton and Sevier both resided in the county of Washington, and, being the leaders of different sides, kept the people in a continual agitation and uproar, each alternately breaking up the courts of the other. Here it is right to remember, in justice to those who once ap- peared on the side of the new government and now on the side of North Carolina, that the face of affairs was quite different at the time of the convention of Frankland, which resolved upon independence, and in the fall of the year 1786. Before this juncture there was no governmental head to which the people of the western counties could carry their complaints. In 1784, it is true, the Assembly which passed the cession act retained the sovereignty and jurisdiction of North Carolina in and over the ceded territory and all the inhabitants thereof, until the United States, in Congress, should have accepted the cession, as if the act for making it had never been passed. Yet, in reality, so long as the cession act continued unrepealed. North Carolina HAYWOOD'S HISTOEY OF TENNESSEE. 181 felt herself as much estranged from the inhabitants of the west- ern counties as she was with respect to any other State or Terri- tory in the United States. Until induced by the bonds of fed- eralism and a common interest, so far as concerned their external relations with other nations of the globe, but wholly unconnect- ed, so far as regarded their internal relations and engagements, and as any one State was not obliged, by the nature of her fed- eral duties, to advance moneys for the maintenance of another in the possession of her rights, but through the intervention of all, in Congress assembled; so neither did North Carolina con- ceive herself bound to exert her strength or resources for the defense of the western counties, unless in the proportion for which she was liable to other federal contributions. It wa,s in vain, then, to solicit for her interference in behalf of the western counties so long as the cession act subsisted; but when that was repealed and the precipitancy of the western people obliterated, when North Carolina declared herself desirous to extend to them the benefits of civil government, whence it might be rationally inferred that every necessary and proper support would be af- forded, it certainly cannot be a matter of surprise that many well-meaning and intelligent persons, believing their declara- tions, thenceforward deemed it their duty to return to their de- pendence on North Carolina. If there be any competent reason which should have precluded Col. Tipton and his associates from the adoption of the course they took, it must be confessed that it is not very obvious; at the same time others are not to be blamed who reflected upon the past conduct of North Carolina and the unpromising circumstances in which she stood in rela- tion to the western counties should come to the conclusion that no real and solid advantages were to be expected from further connection with her, for perhaps this was the opinion which every experienced politician should have formed. The fate of the State of Frankland was imperceptibly hasten- ing to a crisis. Every day she sustained the loss of some friend, who by an accession to the cause of her adversaries added to their strength and confidence. Those who stood firm were yet respectable for numbers, and satisfied beyond doubt of the cor- rectness of their opinion. They formed an impenetrable pha- lanx which a change of sentiment was not likely to dissolve or impair for the future. 182 Haywood's history of Tennessee. The year 1786 closed and that of 1787 opened with the melan- choly prospects that fellow- citizens and neighbors might, ere- long, be engaged in spilling the blood of each other. Gov. Se- vier, aware that the government of Frankland would soon be in a tottering situation, endeavored by the utmost assiduity to procure props for it in every quarter whence it was imagined they might be possibly furnished. At his suggestion the Assembly of Frankland had professed a readiness to join the arms of their State to those of Georgia in prosecution of a war against the Creeks, should the conduct of the latter make it necessary. The Governor, in the latter part of January, 1784, had dispatched Maj. Elholm, a man of address and skill in the management of business, to the executive of that State with these tokens of friendship, and with sealed instructions to attach to the inter- ests of the State of Frankland as many of the leading men of Georgia as could, by proper representations, be inspired with a disposition to wish for the prosperity of the new government. So well did Maj, Elholm conduct the affairs which were com- mitted to his charge that he caused them to be made a subject of legislative deliberation, and to be reported on by a commit- tee on the 3d of February, 1787, in which it was stated that the letters from John Sevier, Esq., evinced a disposition which ought not to be unregarded by the State, particularly with respect to the intention of the people of Nolichuchy to co-operate with those of Georgia in case of Indian hostilities, as the late alarms indicated, and it recommended that his Honor, the Governor, inform the Hon. John Sevier, Esq., of the sense which Georgia entertained of their friendly intentions to aid in the adjustment of all matters in dispute between the people of Georgia and the hostile tribes of Indians who were inimical to that State. It de- clared that Maj. Elholm, who had been so particularly recom- mended, was entitled to the thanks of the Legislature, and that a sum of money be drawn from the treasury for his use by a warrant to be issued by the government. Gov. Matthews on the 12th of February communicated to the Hon. John Sevier, Esq., the gratitude of the Assembly for the instances of his friendship which had been laid before them, and said he should feel him- self guilty of ingratitude, should it ever be in his power, not to render the Governor or his people every service that may not be inconsistent with the interests of the State of Georgia. The HAYWOOD'S HISTORY OF TENNESSEE. 183 salvo at tlie end was a genuine exemplification of political sen- sation for proffered friendship, which is always supposed to have some selfish design at the bottom; and, indeed, if the facts were otherwise in the present instance, and if the ofiPers really sprung from a principle of pure good-will to the people of Georgia, this cold answer must be considered as very unfit for the occasion. Gov. Sevier also had made the attempt to concil- liate the favor of Dr. Franklin, whose advice he had asked on the affairs of the new government. The Doctor, on the 30th of June, 1787, acknowledged himself sensible of the honor which, said he, your Excellency and your council thereby do me. But being in Europe when your State was formed, I am too little ac- quainted with the circumstances to be able to offer you any thing just now that may be of importance, since every thing material that regards your welfare will doubtless have occurred to yourselves. There are two things which humanity induces me to wish you may succeed in: the accommodating your mis- understanding with the government of North Carolina, and the avoiding an Indian war by preventing encroachments on their lands. Such encroachments are the more unjustifiable, as these people in the fair way of purchase, usually give very good bar- gains, and in one year's war with them you may suffer a loss of property and be put to an expense vastly exceeding in value what would have contented them perfectly in fairly buying the lands they can spare. Here (at Philadelphia) is one of their people who was going to Congress with a complaint from the chief of the Cherokees that the North Carolinians on the one side, and the people of yoar State on the other, encroach on them daily. The Congress not being now sit- ting, he is going back, apparently dissatisfied that our general government is not just now in a situation to render them justice, which may tend to increase ill-humor in that nation. I have no doubt of the good disposition of your government to prevent their receiving such injuries; but I know the strongest govern- ments are hardly able to restrain the disorderly people who are generally on the frontiers, from excesses of various kinds, and possibly yours has not as yet acquired sufficient strength for that purpose. It may be well, however, to acquaint those en- croachers that the Congress will not justify them in the breach of a solemn treaty, and that if they bring upon themselves an 184 hayayood's histoky of Tennessee. Indian war they will not be supported in it. I will endeavor to in- form myself more perfectly of your affairs by inquiry and search- ing the records of Congress, and if any thing should occur to me that I think may be useful to you, you shall hear from me thereupon. I conclude with repeating my wish, that you may amicably settle your differences with North Carolina. The in- convenience to your people attending so remote a seat of gov- ernment, and the difficulty to that government in ruling well so remote a people would, I think, be powerful inducements to it to accede to any fair and reasonable proposition it may receive from' you if the cession act had now passed. The Governor in all these communications might plainly see both realized and personified the fable of the hare and many friends. But he had a persevering temper, and no ' idea of re- ceding had as yet entered his mind. He again wrote to the Governor of Georgia, by Maj. Elholm, and on the 20th of July in council it was ordered, upon consideration of his letter of the 20tli of June, that the Board entertained a high sense of the friendly intentions of the people of Frankland, and wished to continue the correspondence between the Hon. John Sevier, Esq., and that State, and ordered that this letter be laid before the Legislature. On the 7th of August they used more perspi- cuity, and ordered an express to be sent to the Hon. John Se- vier, Esq., informing him of the present situation of this State with the Indians, and that he be requested by his Honor, the Governor, to take such measures as may be conducive to the safety of both people. Gen. Clarke professed that he would be very happy to be of any service to the State of Frankland con- sistent with the interests of Georgia, and in case of a Creek war would meet him and his army with pleasure in the Creek Na- tion. It was apparent that the Georgians were willing that the Governor should fight for them if needful ; but as to any assist- ance to be furnished by them to the government of Frankland, it seemed to be a question so far in the background at present as would not be likely in any short time to receive an unequiv- ocal answer. Gov. Matthews believed that his State wished to render the people of Frankland every service in its power not inconsistent with its duty to the United States, expected a war with the Creeks and that the people of Georgia would be joined by those from the State of Frankland. Others of the leading men of HAYAYOOD's history of TENNESSEE. 185 Georgia, who were in less responsible situations, spoke with more warmth in faYorof the State of Frankland; commended their zeal in the cause of liberty and their fidelity to each other; commended also the resolution of the Assembly, which had determined not to send a delegation to North Carolina, as had been pressed; spoke in very obliging terms of the zeal and capacity displayed by Maj. Elholm for the station he had been selected to fill, and also for the judicious discernment which had fixed upon him as the subject of its choice. The Council of Georgia received him as a man of distinction and gave him a seat in the Council whilst the dispatches of Gov. Sevier were under consideration. He as- sociated with the best characters in Georgia, and upon every good opportunity stated the warlike temper, the devotion to lib- erty of the Western people, and the fertility and beauty of their country, placing them in the most advantageous lights; till at length he succeeded with many of them in the engagement of their partialities in favor of his principles. The late Gov. Tel- fair addressed Gov. Sevier in the character of Governor of the State of Frankland; spoke highly of the ardor of Maj. Elholm in the service of the State of Frankland; made acknowledgment for the confidence reposed in him respecting the State of Frank- land; and gave au assurance, as far as was consistent with poli- cy and mutual interests and the duties which he owed to Geor- gia, that she should be the object of his care and attention. Fishburne, Col, Walton, and other distinguished characters made professions of their esteem for Gov. Sevier, and of their good wishes for the new State of Frankland. The* Cincinnati Society adopted him as a member, and communicated the same to him in a very flattering letter. Col. Walton presented him with the thirteen Constitutions, neatly bound together, with a complimentary address, conceived in very neat and delicate terms. In Georgia the people began to feel themselves interested in the success of the government of Frankland. A common toast then was: "Success to the State of Frankland, his excellency Gov. Sevier, and his virtuous citizens." On the 5th of Novem- ber, 1787, the late Gov. Matthews, in council and in behalf of the supreme power of the State of Georgia, presented to Maj. Elholm his warmest thanks for the assiduity of Maj. Elholm, and for the due attention that he had paid mutually to the State 186 Haywood's history of Tennessee. of Georgia and the people of Frankland. "Impressed deeply as we are," he said, "for the welfare of all those who have had independence enough to free themselves from British usurpa- tion, we cannot but be mindful of the good people of Frankland, and hope that erelong the interests of both will be sincerely and lastingly cemented. In respect to the policy of nations or coun- tries, one general observation may not be amiss: that those who strictly adhere to any constitution or principles agreed upon and solemnly entered into, and who do not commit any infringe- ment upon the principles and rights of the people, deserve to be respected. And as such appears to be the present disposition of the Franks, we are happy in the opportunity of testifying our approbation of their conduct in respect to the State of Georgia, When we last had the pleasure to receive a communication from the Hon. John Sevier, whom we respect, he informed us that the people of Frankland were met for deliberation, and that he would transmit us the result as soon as they should rise. As this communication has not yet arrived, we are at a loss to re- turn any answer thereto; but shall embrace the earliest oppor- tunity to do so, when we are favored therewith. I am directed, too, to request your particular attention to our very serious sit- uation, and beg leave at the same time that it may be communi- cated through you to the people of Frankland. We have neces- sarily entered into a war with the Creek Indians, and for the expelling of whom the Legislature of this State has passed a law, entitled 'An act for suppressing the violence of the Indians,' a copy of which you carry with you. You will there find that we have not been unmindful of your situation. It is now wdthin the power of the jDcople of Frankland to render very essential services to the people of this State, and from the very generous and liberal offer proffered us, we are confident that we shall re- ceive every assistance." Late in December, 1787, Gov. Sevier had it in contemplation to march against the Creeks, and issued orders for the embody- ing of troops. He continued to be addressed at this time by Dr. Franklin as the Governor of the State of Frankland. The above-mentioned act, passed by the Legislature of Georgia, di- rected the raising of three thousand men, and empowered the executive to call for fifteen hundred more from Frankland; and the Governor wished to know whether it might be depended Haywood's history of Tennessee. 187 upon that fifteen hundred would be raised in Frankland, and at what time they would be ready to take the field. The bend of the Tennessee was allotted for the men to be raised in Frankland, and to supply the bounties to be given to them for entering into the service. In the month of September, in the year 1787, the Legislature of Frankland met for the last time, in Greeneville. John Men- ifee was Speaker of the House of Eepresentatives, and Charles Robinson Speaker of the Senate. Several bills passed both Houses, which were chiefly unimportant amendments of the laws of North Carolina. One, however, attracted notice, the object of which was to provide ways and means to descend the river and take possession of the bend of the Tennessee, under claims which Gov. Sevier and others had on this country. The Legis- lature also authorized the election of two representatives to at- tend the Legislature of North Carolina, to make such represen- tations as might be thought proper. Jiidge David Campbell and Landon Carter were elected to this office. Judge Campbell also acted in the Legislature of North Carolina, at Tarborough, as a member of that Assembly. At this session they also opened the land office, directing the officers to take peltry instead of money, but before any entries were made the authority of the government of Frankland ex- pired. The western counties, at the stated time of election in this year (1787), elected members and sent them to the General As- sembly of North Carolina at Tarborough, which commenced a session there on the 18th of November that ended on the 22d of December. Davidson sent James Robertson and Robert Hays ; Greene was represented by David Campbell and Daniel Kenne- dy; Washington, by John Tij)ton, James Stuart, and John Blair; Hawkins, by Nathaniel Henderson and William Marshall; Sul- livan, by Joseph Martin, John Scott, and George Maxwell. These members returned home about the 4th of January, 1788. This Assembly extended their former acts of pardon and obliv- ion to all who desired to avail themselves of their advantages, and fully restored them to the privileges of citizens. They directed all suits to be dismissed which had been commenced for the re- covery of any penalty or forfeiture incurred by a non-compli- ance with the revenue laws; and gave a further time of three 188 Haywood's history of Tennessee. months, in which those might give in lists of their taxable prop- erty for the year 1787, who had failed to do it before. By this Assembly David Campbell was elected a judge of the Superior Court for the District of Washington, at Jonesborough. CoL White (afterward Gen. White), who favored the government of Frankland, whose yea was yea and nay, nay, throughout his whole life, deemed the acceptance of this office by Campbell an unpardonable dereliction of duty. Meeting Campbell on the road as he returned home from Tarborough, he upbraided the latter with the desertion of his friends in very undisguised terms of reprobation. In the year 1787 East Tennessee, though miserably entangled in other difficulties, was not entirely free from the inquietude of some restless spirits in relation to the Spaniards any more than West Tennessee was in 1783, when Col. Robertson was necessi- tated to contradict the reports which had reached the Baron de Carondalet of designs entertained by the people of Cumberland to make a descent upon the Spanish possessions on the Missis- sippi. Some ambitious men in East Tennessee had probably proposed and canvassed the same project, and had deemed it so far practicable as to resolve on its execution, so far as depended on themselves to bring it about. They resented the occlusion of the Mississippi against our commerce by the Spanish authorities, and were exasperated by the proposal of our minister delegated to treat with the Spanish court that the navigation of that river should be resigned for twenty-five years; and the more so, as Congress had made the proposal a subject for deliberation. The treaty made in 1784 in the fort at Pensacola, from the un- common nature of some of the articles, induced the belief that the Spanish Governors had great influence over the Creeks and encouraged them in that inimical temper and those animosities which of late, and indeed almost ever since the date of that treaty, they had evinced toward the people of Cumberland; and considerable resentment was entertained on this account by many persons on the western waters against the Spaniards be- low them. The members from Cumberland, in the Legislature of North Carolina, had spoken in their memorial to the Assem- bly at Tarborough in 1787 in terms of bitterness against the un- friendly conduct of the Spaniards. At this conjunctui-e a letter came to the hands of the general government, written in the same Haywood's histoky of Tennessee. 189 spirit, but in more undisguised and eniphatical terms, wliich seemed to point unequivocally to machinations, devised and in- tended to be acted upon by the people of "the new government of Frankland. This letter, written on the 2-4tli of September, 1787, by John Sullivan, at Charleston, was addressed to Maj. William Brown, late of Maryland artillery, Philadelphia. Speaking of the Tennessee Kiver, he said: "There will be work cut out for you in that country. I want you much. Take my word for it, we shall be speedily in possession of New Orleans." Unauthenticated publications had stated that the people of Kentucky and Cumberland had held consultations, in the sum- mer of 1787, concerning the practicability of seizing both Natches and Orleans. Gen. Harmar was immediately direct- ed by the War Office to make the strictest inquiry upon the subject of this letter, and to give every possible discountenance to the instigators. The government was justly alarmed for the fate of our negotiations pending with Spain, which might ulti- timately be broken off should any such attempt be made as was intimated by the letter. Inquiry was also made at the War Of- fice of those who came directly from Frankland, who gave assur- ances that no such plans were on foot as the letter suggested. Eventually the public agents failed in detecting the conspiracy to which the letter referred. The contrivers of the plan were probably too few in number and too destitute of funds to come to an open avowal of their purposes. Upon a nearer ap- proach to the object, they began, perhaps, to view it as less at- tainable than their heated imaginations had at first conceived, and in the end preferred to bury it in concealment rather than incur the ridicule of offering for public adoption a plan so pre- posterous and impracticable. The people of the State of Frank- land were split into contending factions, were poor and galled under the evils which their divisions created. How was it pos- sible that any effectual efforts could be made by them for the annoyance of the Spanish possessions? After the fall of the Frankland government a different spirit prevailed for some time. In place of a disposition to encourage resentment against Spanish provocations, there grew up in some parts of the west- tern territory a temper of conciliation toward them which, run- ning in a contrary current, held the Spaniards up to view as those who might in time become the allies and protectors of the 100 Haywood's history of Tennessee. western settlements. Five or six years afterward this current shifted; and, at the invitation of Genet, some of the people of Ohio, Kentucky, Tennessee, South Carolina, and Georgia were zealous in the plan for invading the Spanish territory. The government of the United States, with much difficulty, was able to suppress this mania. Had any of all these plans been put into execution, the consequences would have been ruinous to the people of the western country. The only wise course was that which the government pursued. It has equaled by its success the most sanguine expectations, and should serve as a lesson to all our citizens to wait in future difficulties with patience upon the operations of the government, which, though they may be taxed with tardiness, are yet conducted with a view to surround- ing circumstances, and by one steady course of policy which perseverance seldom fails to render effectual. Upon the return of the members of the Assembly from Tar- borough in the early part of February, 1788, it was soon under- stood that North Carolina would not come into the views of those who favored the establishment of the Frankland govern- ment, and a storm was blown up. A fieri facias had been issued in the latter part of the year 1787, and had been placed in the hands of the sheriff to be executed against the estate of Gov. Sevier in the early part of 1788. The sheriff, acting under the authority of North Carolina, by virtue thereof, seized all or the greater part of Gov. Sevier's negroes to satisfy it, and removed them for safe-keeping from his farm on the Nolichucky Eiver to the house of Col. Tipton. Sevier was at this time on the frontier of Greene County devising means for defending the in- habitants against the incursion of the Indians, whose conduct of late had given room for the apprehension of a formal renewal of hostilities. Having heard of the seizure of his negroes by virtue of an unlawful precept, as he deemed it, and by an officer not legally constituted, he resolved immediately to suppress all opposition to the new government of Frankland, and to punish the actors for their audacity. He raised one hundred and fifty men, princijjally in Greene County, but partly in Sevier and what is now called Blount, and marched directly to Tipton's house, near to which he arrived in the afternoon. Not more than fifteen men of Tipton's party were then with him. Sevier halted his troops two or three hundred yards from the house, on Haywood's histoey of Tennessee. 191 a sunken piece of ground, where they were covered from annoy- ance by those in the house. Sevier was also incited to action by another incident. Tipton, it was said, in order to get posses- sion of his person, had collected a party of his adherents some time before, and had sent them off with orders to make Sevier a prisoner. The latter happened to be on the frontier, and Tip- ton's emissaries missed their aim. When Sevier came home and was informed of this attempt, he burned with indignation at the ingratitude of it, and at the unrelenting temper which he considered to have prompted it. Hence he received an addi- tional motive to action, and resolved in turn to look for the Saul who searched for him in all the dens and hiding-places of the country. Tipton had gained some intimation of Sevier's de- signs, and had but just time to call for the aid of fifteen of his friends, who were with him at the time of Sevier's arrival. With them he kept possession of his house, and barricaded it against the expected assault as well as he could; and, with undismayed steadiness, waited the arrival of the Governor. The house of Col. Tipton was on Sinking Creek of the Watauga Kiver, eight or ten miles east of Jonesborough. The Governor was not dil- atory in making his appearance. He presented himself and his troops, with a small piece of ordnance, and took post in front of the house. He demanded the unconditional surrender of Tip- ton and of all who were with him in the house. Tipton, with the earnest language which he sometimes employed on emer- gent occasions, sent word to him to "fire and be damned." He sent to Tipton a written summons. This, with a letter calling for assistance, Tipton immediately sent to jCoI. Maxwell, of Sul- livan, who was commandant of militia in that county, and a Representative of the county in the General Assembly of North Carolina. For some time Tipton would not permit any commu- nication with Sevier. Early the next day, however, he consent- ed that Robert Love, Esq., one of the fifteen who had come to his assistance, might correspond with him. Mr. Love wrote to him through the medium of his own flag, and directed his letter to Col. Sevier. In reply, it was said that Col. Sevier was not in camp, alluding to Valentine Sevier, a brother of the Governor, who bore the title of colonel. Mr. Love answered them, and strongly recommended to the troops to withdrav/ and disband themselves, which he said would enable those who supported 192 HAYWOOD'S HISTORY OF TENNESSEE. the govenimeiit of North Carolina to countermand the orders for levying troops in Sullivan County and other places. The reply made to this recommendation was that Gov. Sevier could countermand the orders for their march. Here the correspond-: ence ended. A few of the most influential persons then with Tipton were sent out to collect re-enforcements from the neigh- borhood, and from the settlements above. Two or three were also sent to Sullivan County for the same purpose. On the next day a few men joined Tipton; and in the course of the day a woman coming to the house on some occasion, in company with another woman, was shot in the shoulder. Some of Se- vier's troops occupied an eminence of limestone rocks within shooting distance of the house, and from that quarter the wom- an was wounded. On the next night Mr. Robert Love went out with one man for the purpose of getting aid from the quarter of the country where he resided. On his way home he met his brother, Thomas (now Gen. Love), with ten or twelve men go- ing to join Tipton, whom he informed of the guard at the emi- nence of rocks, which lay near the road that led to the house. Mr. Thomas Love, before it was light, approached to the rocks on a prancing horse, himself hemming and coughing. Not being hailed, he went to the rocks at which the guard had been stationed, and found that the whole guard was absent. The weather being excessively cold, they had retired to the main body to warm themselves by their fires. Mr. Thomas Love re- turned to his companions, and informed them of the absence of the guard from their post, whereupon, raising a whoop, they went in full gallop to Tipton's house, and by their junction with the besieged infused fresh vigor into their resolutions. Elholm, second in command to the Governor, in order to make short work and to escape from the danger of delay, proposed the erection of a light, movable battery, under the cover of which the troops might safely advance to the walls of the house. In the meantime, those coming in and going out of the house of Tipton were fired upon, and one whose name was Webb v>-as killed; another, whose name was Vaun, was wounded in the arm. Maxwell with all possible expedition raised one hundred and eighty men, and, marching with them, he had halted at Dungan's Mill, and had staid there in the forepart of the night, till he could have just time to reach the camp of Sevier by morning. While Haywood's history of Tennessee. 193 they were lying tliere Sevier's scouts came within a mile of tliem, and, not discovering any advancing enemy, returned to their main body. The night was cloudy and dark, and on the morn- ing of the 3d of February, just after day-break, which was tlie time of the attack made by Sevier, the snow poured down as fast as it could fall from the clouds. Sevier had placed in the road leading from Sullivan County by the place of his encampment sentinels to watch the approach of the re-enforcements to Tip- ton which were expected from Sullivan. The cold weather was so extreme that it had forced them into camp to warm them- selves for a few minutes. Maxwell and Pemberton advanced cautiously, with their men well formed in a line, within gunshot of Sevier's camp, having passed the spot Avhere the sentinels were stationed unobserved. Here they awaited the approach of day-light. As soon as objects had become visible, the snow fall- ing and Sevier's men advancing to the attack of the house, the troops under Maxwell fired a volley and raised a shout which seemed to reach the heavens, and communicated to Tipton and his men in the house that deliverance was at hand. From the house they re-echoed the shout, and instantly sallied out upon the be- siegers. In the midst of these loud rejoicings a tremor seized the dismayed troops of Sevier, and they fled in all directions through: every avenue that promised escape from the victors. Tipton and Maxwell did not follow them more than two hundred yards. Within one hour afterward Sevier sent in Robert Young with a flag, proposing terms of accommodation. They left in their flight, to be taken by the victors, the small piece of ordnance which Sevier had caused to be planted upon a battery. Pugh, the high sheriff of Washington County, was mortally wounded.. Divers persons were made prisoners who belonged to Sevier's corps, and among them two sons of Sevier — James and John. Tipton forthwith determined to hang both of them. Apprised of the rash step which he intended to take, the young men sent for Mr. Thomas Love and otliers of Tipton's party, with whom they had a good understanding, and solicited their intercession with Tipton. These persons went directly to him, and repre- sented in strong terms the rashness, illegality, and impolicy of the intended execution. They urged their arguments so effect- ually that with tears flowing down his cheeks at the mention of his own sons, supposing them to be in the possession of Sevier, 13 194 Haywood's histoey of Tennessee. about to be executed by him for offenses imputed to the father, he pronounced himself too womanish for any manly office, and desisted from his purpose. Shortly afterward he restored them to their liberty and they returned home, Mr. Robert Love be- coming surety for their appearance when called for, and for their future good behavior. Had the father been a prisoner, it was believed that no entreaty from any quarter could have saved him from destruction. With this battle the government of Frankland came to an end. Ever since the latter part of the year 1785 it had experienced those shocks which a disputed le- gitimacy of power never fails to beget. A sudden calm took place, and the remains of the late disorders became in a short time forgotten and imperceptible. Sevier withdrew from the pursuit of those who sought for him into the frontiers, and there opened a campaign against the Indians, in the midst of a people wlio adhered to him with devoted affection, and where he was inaccessible. In May, 1788, courts were held at Greeneville without inter- ruption under the authority of North Carolina, at which were admitted as attorneys, who were licensed by North Carolina, Judges Andrew Jackson, John McNairy, David Allison, Archi- bald Roane, and Joseph Hamilton. The Cherokees began in the first months of the year 1788 to burn with a desire for war. It seemed, indeed, as if nothing could insure peace but their total extinction. The knowledge of tbeir hostile designs was made public by their massacre of Kirk's family. In the month of May, 1788, Kirk lived with his family on the south-west side of Little River, twelve miles south of Knoxville. While he was absent from home an Indian by the name of Slim Tom, known to the family, came to them and requested to be supplied with i^rovisions, which they gave him. He withdrew, having seen who were there and the situation they were in with regard to defense. He soon afterward re- turned from the woods with a party of Indians, fell upon the family, massacred the whole of them — eleven in number — and left them dead in the yard. Not long afterward, Kirk, coming home, saw his dead family lying on the gi'ound. He gave the alarm to the neighborhood, and the militia assembled under the command of Col. Sevier to the number of several hundred. They met at Hunter's Station, on Nine Mile Creek, which runs into the HAYWOOD'S HISTOEY OF TENNESSEE. 195 Holston on the south side. Thence they marched under com- mand of Col. Sevier to the Hiwassee River, and early in the morn- ing came npon a town which had been bnrned in 1779. The In- dians who were in it fled and took to the river. Many were killed in the town, some were made prisoners, and many were fired upon and killed in the river. They burned the town, and returned to Hunter's Station. On the next day they went up the Tennessee to the towns on that river, killed several Indians, bnrned the towns, and returned to the station. Tallassee, on the upper part of the Tennessee, was 07ie of these towns. The Indians fled from their difi'erent towns into the mountains, but were pursued by the troops and many of them killed. Abraham, a friendly Indian, with his son, who lived on the north side of the Tennessee, had declared publicly that if the Indians went to war heAvould remain at his own house, and would never quit it. When the troops came to the south side, Hubbard sent for Abraham and his son to come over the river to the troops. They came ac- cordingly. He directed them to return, and bring with them "The Tassel" and another Indian, that he might hold a talk with them. They also held up a flag, inviting those Indians to come to them. They did so, and were put into a house. Sevier was absent for some time on the business of his command. Dur- ing his absence those who were left behind permitted young Kirk, the son of him whose family was killed, to go with a tom- ahawk into the house where the Indians were inclosed, Hubbard being with him. There Kirk stuck his tomahawk into the head of one of them, who fell^dead at his feet, the white people on the outside of the house looking in upon them. The other In- dians, five or six in number, seeing this, immediately understood the fate intended for them. Each man cast his countenance and eyes to the ground, and one after the other received from the hands of Kirk upon the upper part of the head the fatal stroke of the tomahawk, and were all killed. Sevier, returning, saw the tragical effects of this rash act, and, on remonstrating against it, was answered by Kirk, who was supported by some of the troops, that if he had suffered from the murderous hands of the Indians as he (Kirk) had, that he (Sevier) would have acted in the same way. Sevier, unable to punish him, was obliged to overlook the flagitious deed and acquiesce in the reply. 196 Haywood's history of Tennessee. It is much to be regretted that history, iu the pursuit of truth, is obliged to record, to the shame and confusion of ourselves, a deed of such superlative atrocity, perfidy, cowardice, and inhu- manity. Surely something is due to wounded feelings, and some allowance is to be made for the conduct of men acting un- der the smart of great and recent suffering. But never should it be forgotten by an American soldier that his honor must be unspotted; that a noble generosity must be the regulator of his actions; that inviolable fidelity in all that is promised an enemy is a duty of sacred obligation ; and that a beneficent and delicate behavior to his captive is the brightest ornament of his char- acter. Suspicion, ever alive toward the conduct of military com- manders, attriauted to Col. Sevier a voluntary absence^ while many of those who were present acquitted him of all presenti- ment of the horrid act. Col. Sevier never acted with cruelty, before or since. He often commanded, but he was never accused of inhumanity; and he could not have given his consent on this occasion. Considering existing circumstances, he could not have maintained as much authority then as at other times. He was routed, proscribed, and driven from his home; he took shelter among the frontier inhabitants, who now composed his little army; he relied upon them for safety. They consulted only the exasperated feelings of the moment, and had never been in- structed in the rules of refined warfare. Capt. Gillespie, on arriving at the river, had also gone off with his company in search of the enemy, bj order of the command- ing ofiic«' He went up the river on the south side, and crossed to where the Indians were on the north. He pursued them several miles, and took some pack-horses. On his return the In- dians were everywhere in motion. He recrossed the river to the south side at the place where he had just before crossed. As he ascended the bank on the south side he saw an Indian named Alexander Mayberry, and hailed him. He stopped and gave up his gun, and surrendered himself a prisoner. Capt. Gillespie then went toward the army which he had left, and as he pro- ceeded was met by a company of soldiers who insisted upon kill- ing his prisoner. Capt. Gillespie told them that he had taken the Indian a prisoner, and that he should not be killed while in his possession. They still persisting, and manifesting a deter- Haywood's history of Tennessee. 197 mined purpose to put the prisoner to death, Gillespie dismount- ed from his horse, and, placing himself between them and the Indian, cocked his gun, and gave them the most positive assur- ances that he would instantly pour the contents of it into the heart of that man who dared to fire upon the Indian. The res- olute air of his countenance convinced them that he intended what he said, and they desisted and went ofp. He led his pris- oner into camp and delivered him to Col. Sevier, who removed him to Hunter's Station, whence he was sent home in safety. The massacre of Kirk's family was followed in quick succes- sion by that of many others. A man by the name of English was killed near Bean's Station, and James Kirkpatrick between Bean's Station and Holston. Some were killed in the neigh- borhood of Bull run, and others at places north of Knoxville, and many others on the roads to West Tennessee and Kentucky. The people were compelled to live in forts. They built Hous- ton's Station, sixteen miles south of Knoxville, not far from the place where Maryville now stands. Gen. Martin sent a party to protect the inhabitants of the station under the command of Maj. Thomas Stewart, which went to the station and garri- soned it. Capt. John Fayne, with some enlisted men who composed a part of the guard under the command of Capt. Stewart, and some of the settlers who turned out with them, were sent out as scouts to reconnoiter the adjacent country. They crossed the Tennessee River and entered into an apple-orchard where care- lessly they began to galjier the fruit. The Indians were lying in wait, and had suffered them to march into the orchard with- out molestation. Whilst in the act of gathering fruit the In- dians surrounded them, drove them into the river, killed sixteen of the whites dead on the ground, took one prisoner, and wound- ed four, who with difficulty effected their escape. The scene of this tragedy was at a town called Sitico. Capt. Evans raised thirty men, who with himself lived a considerable distance from the place, and was at it in the evening of the third day. That night, being on the north bank of the Tennessee, they buried the dead whom they found on that side of the river, marched back about one mile, and encamped for the night on high ground. Maj. Thomas Stewart came in also with the enlisted men of the sta- tion. These were under his command, but the volunteer company 198 Haywood's history of Tennessee. was exclusively uuder tliat of Capt. Evaus. Next morning they crossed the river at the upper end of Chota, and thence to Sitico, where the massacre took place. There they found one white man lying on his back, with his belly rij^ped open; four men lying on a sand bar with their bellies also ripped up and their bowels floating on the w^ater. The head of one man was cut off, and his heart and bowels were torn out and strewed about on the ground. After burying the dead, they returned home. Such of the company in the orchard as survived the massacre had fled toward Knoxville. These the Indians liad pursued to within five miles of that place, and in the pursuit killed a great part of them. They then determined to attack Houston's Sta- tion, and with that view marched to it, but were beaten off by the garrison. Col. Sevier was at this time within twenty-five miles of the mouth of the Holston, and was marching diligently to the de- fense of Houston's Station, which he had been informed the In- dians had intended to reduce, but he had not yet heard of the attack which they had actually made upon it. He unexpectedly met one hundred of the retreating Indians, fired upon them, comjjelled them to give way, and continued his march to the station; thence he immediately went home, and without delay convened Capt. John Craig and his company, and one or two other companies, and at the sj)ecial request of Col. Sevier he was joined also by Capt. Evans and his company, who was re- quested to do so by an express sent for the purpose, Capt. Evans took post in the rear of the front guard. As the army passed through Sitico, Evans seeing an old Indian slip into a house between daylight and sunrise, took with him John Isli and rode up to the house, in which he saw sitting an old man, and upon dismounting and going into the house, saw in it two young Indian fellows, both of whom he and Ish killed, and re- joined the army. It marched constantly, and arrived at Chil- liowee. At this place they found Indians, had a skirmish with them, killing thirteen dead on the ground. The whites receiving no damage on their side, they all retui-ned home safely. A few weeks after this Evans raised a volunteer company, and other captains also raised companies to make an expedition into the Indian Nation. At their solicitation Col. Sevier took the com- mand of them. They crossed the Tennessee Eiver and went Haywood's history of Tennessee. 199 through Big Tellico Town; thence crossing the Unaca Mount- ain, tliey eutered the valley towns. Whilst the army marched on, Capt. Hubbard took ten men with him, and following a small path they came to a house where were seven or eight In- dians, who ran out of the house, when the whites killed five of them, took one small prisoner, and returned to the army. When tlie army halted at noon, Capt. Evans discovered an In- dian coming down the ridge. He mounted his horse, and tak- ing two or three men with him, rode toward the Indian. He fired ujDon Evans and his men, the ball passing through the hunting-shirt of one of them, and then ran to the foot of the hill, and, charging his gun, gave them a second fire. One of the white men fired at him and shot off his fore-finger. The Indian again charged his piece, but when he attemi3ted to prime, the blood ran so fast into the pan of the firelock that he could not effect it. The whites rode up to him and shot him down. Marching four miles farther, they encamped in hearing of the crowing of a cock, from a town that was six miles long, but per- ceiving that the enemy had left it at the approach of the army, Sevier, with the army, in the morning took a different route, which led them to the upper end of another town, where the corn was in the silk. The whole of this the army cut down be- fore them. The Indians kept up a constant fire, but the dis- tance was too great to do it with any effect. After encamping here all night, Evans, with ten men, was sent to reconnoiter the confines of the camp. On the top of a ridge he discovered the signs of Indians; a large body of them had been there, and had thrown off their old moccasins and put on new ones. He im- mediately gave intelligence of this to the colonel, and was or- dered by him to keep the ridge till the main body should be ready to march. About one hundred Indians had turned back, and others went on to form an ambuscade in a narrow passage. The army followed upon their trail till it came in view of the place where it was thought they lay concealed. The passage which the army had to go through was one where .the path was on the bank of the river under a large cliff of rocks for one- quarter of a mile, which did not admit of more than one man abreast, followed by others in Indian file. They had placed two hundi'ed men on the south side of the river ready to receive the whites had they attempted to cross; one hundred in the front. 200 Haywood's histoey of Tennessee. one hundred in the rear, and three hundred amongst the rocks and clifts. Of the whites the number was not more than one hundred and forty. The danger of marching through this i3as- sage was judiciously considered by Col. Sevier as too great to be encountered for the advantage to be attained, and he marched for the foot of the mountain, where he crossed as he went out. The army drove before it three head of neat cattle, and proceed- ed with so much haste that one of the cattle tired out and would go no farther. At the foot of the mountain they killed their cattle, and in fifteen minutes had tlie whole of their beef cut up and put into their knapsacks and had begun their march up the mountain. Capt Evans marched in the rear, and having passed the summit of the mountain and proceeded about two hundred yards down the other side of it, one of his men said that he had left his knife just before he crossed the top of the mountain, and he ran back for it. When he got to the mountain-top he heard the Indians ascending on the side of the mountain up which the whites had just before come. Intelligence of their vicinity was immediately given to the colonel. It was now be- tween sunset and dark, and the army, before it could encamp safely, was obliged to travel ten miles to Big Tellico, where, on the plains, it encamped. Five hundred Indians followed until they came in view of the camp, and there, their courage failing, they retired. Tlie nest day the troops crossed Tennessee and returned home. In the spring of the year 1788, while Gov. Sevier was on the frontier keeping the Indians in check, Spencer, one of the prin- cipal judges of North Carolina, joined the assistant judge, and held a Superior Court under the authority of North Carolina, at Jonesborough. Among other things, he issued a bench war- rant against Sevier for the crime of high treason. He still con- tinued, however, to be addressed as the Governor of Frankland. Mr. Gardoqui, the Spanish minister, on the 18th of x'\.pril, 1788, wrote to him, at the request of a gentleman of the North Caro- lina delegation, who wished that the minds of the good people of the frontiers of that State might be made easy with respect to the apprehension entertained by some lest the depredations of the savages should be encouraged by Spain. He assured the Governor that it was a malicious report, and that his Majesty, the King of Spain, was very graciously disposed to give the in- Haywood's history of Tennessee. 201 habitants o£ that country every protection they should ask. "And for my part," said he, "it will give me the highest pleas- ure to contribute to your satisfaction on this or future occasions. Any thing, therefore, in my power shall be done to check the savages on your frontier, and I shall take care to write to the Governor of his Majesty's dominions in that quarter, according to the request of Mr. White." The Indians persevered during the whole of this year in doing to the frontier inhabitants all the mischief they could. Gen. Joseph Martin was under the necessity of raising troops for the protection of the inhabitants. He had succeeded Gen. Evan Shelby, resigned, who had been appointed on the non-acceptance of Sevier, in 1784. He collected soldiers from all the four west- ern counties, and some were sent to his assistance from Yirginia. They rendezvoused at the place now called Knoxville, and there crossed the Holston. Thence they marched to the Little Ten- nessee; thence to the Hiwassee; and thence down the river to the vicinity of Lookout Mountain, to a Chiccamauga town, and burned every house there.' One hundred men were dispatched across the mountain to another town on the west side of it. They were met by the Indians, who fired upon them, and they retreated. They were upon the mountain at sunset. The In- dians fired upon them from an ambuscade. Early next morning the spies were sent out, who took the mountain, and the Indians fired upon them from the same place. The army was then or- dered to march up the mountain. After advancing some dis- tance, the Indians poured in upon them a thick fire from every tree and rock near them. Three of Martin's captains were killed, and several of the Indians. They retired, and a guard of thirty or forty men was placed upon the top of the mountain until the army could return to the camp and get the baggage they had left there. The guard was to keep possession until the main body should return and cross the mountain, and go to the town they intended to burn; but the men refusing to go on the mountain, and Gen. Martin being unable to coerce them, he was obliged to abandon the enterprise, and ordered the guard into camp. The whole army then crossed the Hiwassee and Little Tennessee, and returned home. In the evening, after the battle, having made litters for carrying the wounded, and having bur- ied the dead, they took up the line of march for the settlements, 202 Haywood's history of Tennessee. being one hundred miles within the Indian country, not more than four hundred and fifty strong, most of whom were in a mu- tinous state, and having the wounded to take care of. The In- dians followed their trail, and at night fired upon them and stole their horses. Shortly after the return of the troops to their homes, the Indians came in a body of not less than two or three hundred men, and on the 10th of September took Gillespie Sta- tion or Fort, near the Little Eiver, within eight or ten miles of Knoxville. Sevier immediately followed them into their towns, and brought as many of their women and children, who were ex- changed for the former. Sevier, ever since his defeat at Tipton's, had been in the con- stant performance *of the most brilliant actions of great utility to his countrymen. He was among the frontier people, who adored him. He had by nature a talent for acquiring popular favor. It was natural for him to travel in the paths which led to it. To him it was no secret that in a republican government, where the democratic principle is a main ingredient in its com- position, the love of the people is substantial power. He had a friendly demeanor, a pleasing address, and, to crown all, he was a soldier. With such qualities he could not fiail to catch the prepossessions of the people, to attach them to his interests, and to mold them to the furtherance of his designs. The beloved man of the populace is always distinguished by a nickname: Nolichucky Jack was the one which they gave him. Whenever at future elections that name was pronounced, it had the effect of electrical power in prostrating the pretensions of every oppos- ing candidate. Sevier was generous, liberal, and hospitable. The people of North Carolina valued his good qualities, and had no disposition to dwell upon his late errors with any malevo- lence. As the government of North Carolina was now submit- ted to universally, they wished not to inflict punishment upon any for the parts they had taken in the late troubles. As he easily forgave in others the offenses they committed against him, he had not any suspicion that he was not as readily for- given. He was elevated by his merits in the public esteem; he knew not what it was to repine at the prosperity of others. But he had not learned that he who is rendered eminent by his serv- ices is the last to be pardoned for his faults; and that a repeti- tion of meritorious actions, like oil thrown upon fire, so far from Haywood's history of Tennessee. 203 extinguisliing, actually aggravates the augry passions which are roused against him. At the close of Martin's campaign, and in the month of Octo- ber, in the year 1788, not long before the intended meeting of the Assembly of North Carolina, in November of that year, Se- vier returned home, and appeared openly at all public places. About this time Gen. Martin called a council of field officers at Jonesborough, to take into consideration the situation of the frontiers, and to consult about the most effectual means of af- fording to them better protection than they heretofore had. Col. Eobert Love was present at the council; so was Col. Tip- ton. The Board rose, the members dispersed, and Tipton went home. Col. Love, the general, and Maj. King still remained at Jonesborough. The general was preparing to send Maj. King to the frontiers on the Tugulo, to open a correspondence with the Indians on the subject of peace. It was agreed upon among them that the general and Maj. King should go home with Col. Love, who lived on the road that led across the mountains to the Tugulo. While the latter were at Jonesborough, Gov. Sevier came riding into town with ten or twelve men. There he drank freely, and in a short time a controversy arose between him and Maj. Craig, who at that time lived where Maryville now stands, respecting the killing of those friendly Indians in the spring of the year, which occasioned the war with them that then existed. Craig censured Sevier for not preventing the murder, Craig having been present when it happened, and under the comcaand of Sevier. Those who were present interposed, and brought them to friendly terms. The general, Maj. King, and Col. Love left them, and set off for Col. Love's house, fourteen miles dis- tant. Not being able to go that far, Gen. Martin and King stopped at a house near Col. Kobinson's. After they left Jones- borough, another quarrel arose between Sevier and Caldwell, the former advancing with a pistol in his hand, and Caldwell with a rock. The pistol accidentally fired, and shot one of Se- vier's men in the abdomen, who was of the name of Cotton. Shortly after this Sevier left Jonesborough, and came by a place near Col. Robinson's, where Col. Love had taken up and stopped at Robinson's still-house, where they all drank freely and after some time separated. After Sevier left Jonesborough, Caldwell, with whom he had quarreled, went to Tipton, and in going and 204 Haywood's history of Tennessee. returning collected eight or ten men, with whom he went in pur- suit of Sevier. Arriving at the house where Col. Love lodged, he went with them to Col. Robinson's, where Gen. Martin and Maj. King were. Tipton there had a close search made for Se- vier, supposing that, as there was a good understanding between Robinson and him, the latter might be there. The pursuers then went to the widow Brown's, where Sevier was. * Tipton and the party with him rushed forward to the door of common en- trance. It was about sunrise. Mrs. Brown had just risen. See- ing a party with arms at that early hour, well acquainted with Col. Tipton, probably rightly apprehending the cause of this visit, she sat herself down in the front door to prevent their getting into the house, which caused a considerable bustle between her and Col. Tipton. Sevier had slept near one end of the house, and on hearing the noise sprung from his bed and, looking through a hole in the doorside, saw Col. Love, upon which he opened the door and held out his hand, saying to Col. Love: "I surrender to you." He was in his undress, and Col. Love led him to the place where Tipton and Mrs. Brown were contending about a passage into the house. Tipton, on seeing Sevier, was greatly enraged, an^l swore that he would hang him. Tipton held a pistol in his hand, sometimes swearing that he would shoot him, and Sevier was really afraid that he would put his threat into execution. Tipton at last became calm, and ordered Sevier to get his horse, for that he would carry him to Jones- borough. Sevier pressed Col. Love to go with him to Jones- borough, which the latter consented to do. On the way he re- quested Col. Love to use his influence that he might be impris- oned in Jonesborough, and that he might not be sent over the mountains into North Carolina. Col. Love remonstrated to him against an imprisonment in Jonesborough; "for," said he, "Tip- ton will place a strong guard around you there; your friends will attempt a rescue, and bloodshed will be the result." Sevier urged that he would persuade his friends to peaceable measures, and ex- pressed great reluctance at the idea of being taken from his fami- ly and friends. As soon as they arrived at Jonesborough, Tipton ordered iron handcuffs to be put on him, which was accordingly done. He then carried the Governor by the residence of Col. Love and that of the widow Pugh, whence he went home, leav- ing Sevier in custody of the deputy sheriff and two other men, Haywood's history of Tennessee. 205 with orders to carry him to Morganton, and lower down if he thought it necessary. Col. Love traveled with him till late in the evening, and was requested by the Governor to send down to his wife and let her know of his situation, with a request to her to send clothes to him and some money. Next morning James Love, the biiother of the colonel, was dispatched with this message to Mrs. Sevier. She transmitted to her husband the necessaries he wanted. A few days afterward James and John Sevier, sons of the Governor, together with Mr. Cosby, Maj. Evans, and some few others, were seen by Col. Love following the way the guard had gone. Before Col. Love had left the guard, they had at his request taken off the irons of their pris- oner. The next morning he attempted to make his escape, but the guard overtook him; and one of them, George French, shot at him with a pistol, as the horses were running, before they stopped him. The friends of Sevier say that French had it in charge to kill him, and intended to execute his commission; and that on the Iron Mountain, on their way to North Carolina, Gor- ley, another of the guard, informed Sevier of the order and in- tention of French, upon which he endeavored to make his es- cape. That in his flight he became entangled in trees and brush thrown down by a hurricane, and could proceed no farther; Avhen French came up and fired a pistol at his face, which fortunately did him no harm, except burning him with the powder. The bullet had slipped out of the pistol unknown to French. The guard proceeded with him to Morganton, where they delivered him to William Morrison, the then high sherifl'of Burke Coun- ty. As the guard passed through the settlement of the McDow- ells, in Burke County, Gen. McDowell and Gen. Joseph McDow- ell, the latter of whom had been in service with him and fought by his side in several perilous battles, and the former of whom had a few years since fled from the enemy in his own neighbor- hood and taken shelter under the roof of Sevier, both followed him immediately to Morganton, and there became his securities for a few days, until he could go down and see a brother-in-law who lived in that county. Agreeably to his promise, he returned punctually. The sheriff then, upon his oWn responsibility, let him have a few days more to visit his friends and acquaintances. By this time his two sons, with Cosby, Evans, and others, came into Morganton without any knowledge of the people there, who 206 Haywood's histohy of Tennessee. tliey were or what their business was. On striking the settle- ments on the east side of the mountains they had separated, and had come into town singly. Court was at that time sitting in Morganton, and tliey were with the people generally without suspicion. At night, when the court broke up and the people dispersed, they, with the Governor, pushed forward toward the mountains Math the greatest rapidity, and before morning ar- rived at them, and were beyond the reach of any who might think proper to pursue them. In July of this year the convention of North Carolina met at Hillsborough, under a resolution of the Assembly at Tarbor- ough, to accept or reject the proposed Federal Constitution. They rejected until certain amendments could be obtained. All the Western or ultramontane counties were represented in the convention. The elections were made in the spring, and at that time the remains of the government of Frankland were no longer visible. After the Assembly of North Carolina, in the year 1783, had designated the boundaries of the Indian hunting-grounds, mak- ing the Tennessee, French Broad, and Big Pigeon Bivers a part of these boundaries, a great number of persons at different times prior to the year 1789, and between the commencement of that year and the year 1783, during the time of the disturbances be- tween North Carolina and the government of Frankland, had settled themselves upon the territory south of the Tennessee and Holston and west of the French Broad and Big Pigeon Rivers, which was undeniably and confessedly a part of the Cherokee lands assigned by the act of 1783. In tlie time of the Frank- land government they were included in the county of Sevier, but Mdien that government became dissolved the people found them- selves considered as trespassers and violators of the law of North Carolina, without government, without judicial tribunals, and without officers, civil or military, to protect them from injury. Sensible of the dei)lorable evils to which they were exposed by this state of things, they endeavored to remedy it as well as they could by private associations. Written articles were framed and circulated for the adoption of the people in that part of the country, in which they styled themselves the inhabitants south of the French Broad, Holston, and Big Tennessee. The articles stated that "by means of the divisions and anarchy that have of Haywood's history of Tennessee. 207 late prevailed within the chartered limits of North Carolina west of the Appalachian Mountains, being at present destitute o£ regular government and laws, and being fully sensible that the blessings of nature can only be obtained and rights secured by regular society, and North Carolina not having extended her government to this quarter, it is rendered absolutely necessary for the preservation of peace and good order, and the security of life, liberty, and proj^erty to individuals, to enter into the folloAv- ing social compact as a temporary expedient against greater evils : "Article the first. That the Constitution and Laws of North Carolina shall be adopted, and that every person within the bounds above mentioned shall be subject to the penalties inflict- ed by those laws for the violation thereof. "Article the second. That the officers appointed under the authority of Frankland, either civil or military, and Mdio have taken the oaths of office, shall continue to exercise the duties of such offices, as far as directed and empowered by these Articles and no further, and shall be accountable to the people or their deputies for their conduct in office. "Article the third. That militia companies as now bounded shall be considered as districts of the above territory, and each district or militia company shall choose two members to rep- resent them in a general committee, who shall have power to choose their own president and clerk, to meet on their own ad- journments, and the President shall have power to convene the committee at any time when the exigences of affairs require their meeting, and shall have power to keep order .and to cause rules of decorum to be observed, in as full a manner as the President of any other convention whatever. And in all cases of maladministration or neglect of duty in any officer, the party grieved shall appeal to the committee or a majority of them, who shall be competent to form a board for business. And upon such application the committee shall cause the parties to come before them, and after examining carefully into the nature of the offense shall have power to reprieve of office, or publicly reprimand the offender as the demerit of the crime may deserve, or otherwise to acquit the party accused if found not guilty. "Article the fourth. Where vacancies happen in the military department, the same shall be filled up by election as heretofore used, and the officers thus elected shall be the reputed officers 208 Haywood's history of Tennessee. of sucli regiment or company, as the case may be, and shall be accountable to the committee for their conduct as other officers. "Article the fifth. Civil officers shall Jiave power to take cog- nizance of breaches of the peace or criminal ofi'enses, and where any person is convicted of an offense not capital, the officer be- fore whom such offender is convicted shall immediately inflict the punishment directed by law for such offense. But where the crime is capital the officer shall send such criminal, togeth- er with the evidences for or against him or them, to the nighest justice of the peace for North Carolina, there to be dealt with according to law, but no civil officer shall decide upon cases of debt, slander, or the right of property. "Article the sixth. Militia officers shall have power to collect their regiments or representative companies, emergences mak- ing it necessary, and in case of invasion by the common enemy, shall call out their companies regularly by divisions, and each militia-man shall give obedience to the commands of his officers as is required by law, or otherwise be subject to the penalties affixed by law for such neglect or refusal at the judgment of a court-martial. "Article the seventh. And wdiereas it is not improbable that many horse-thieves and fugitives from justice may come from, different parts, expecting an asylum amongst us as we are desti- tute of a i^egular government and law^s by which they may be punished, each and every one of us do oblige ourselves to aid and assist the officers of the different State or States, or of the United States, or any description of men sent by them, to ap- prehend such horse-thief or fugitive from justice. And if any of the above characters should now be lurking amongst us, or shall hereafter be discovered to have taken refuge in this quar- ter, we do severally bind ourselves by the sacred ties of honor to give information to that State or government from which they have fled, so that they may be apprehended and brought to justice. "Article the eighth. United application shall be made to the next session of the Assembly of North Carolina to receive us into their protection, and to bestow upon us the blessings of government. "Article the ninth. The captains of the respective militia companies shall each of them procure a copy of these articles, Haywood's history of Tennessee. 209 • and after calling the company together for the purpose, shall read them or cause them to be read distinctly, to said company, and each militia-man or householder after hearing them read, if he approve of them, shall subscribe his name to the articles as a proof of his willingness to subject himself to them, and said articles shall be the temporary form of government until we are received into the protection of North Carolina, and no longer." The application to be formed into a county was not yielded to by the Legislature of North Carolina, and these people were suffered to remain in the situation in which they had so indis- creetly placed themselves till long afterward. The real character of the times cannot be represented more to the life than by exhibiting in the expressions which the people themselves used, the prominent evils they recapitidated and en- deavored to provide against at the very moment when they were suffering under them. The Assembly of North Carolina met at Fayette ville in this year (1788) on the 3d of November, and continued their session to the 6th of December. In this session they added a part of the county of Wasliington to Sullivan — namely, all that part of Washington County included in the following bounds: Begin- ning at the head of Indian Creek, where the line divides Wash- ington and Sullivan Counties; thence in a straight line south of David Hughes's; thence in a straight line south of Francis Hodge's to the Watauga Kiver; thence down the meanders of said river to its junction with the Holston Eiver; thence up the line which divides Washington and Sullivan Counties to the first station. They authorized the commanding officers of the four western counties to fix on a proper ptace on the northern side of the Tennessee Eiver for establishing a station for the protection of the frontiers, and to insure safety to travelers on the new road to the Cumberland settlements. The guard was to consist of one captain, one lieutenant, one ensign, and thirty- three non-commissioned officers and privates to be kept at the station for one year, the men to be raised from the respect- ive counties by voluntary enlistment or an equal indiscrim- inate draft; the guard to be subject to the regulations estab- lished by the militia law, and to have the same pay and rations. The commanding officers of the counties were empowered and re- quired to appoint some one person commissary and paymaster to 14 210 Haywood's histoky of Tennessee. the guard, in whose favor the Governor was to issue warrants for the pay and rations of the guard on the public Treasurer, payable out of the funds arising from the taxes of the said four counties and out of no other fund whatever. A restriction which at this time, and for some years past, occupied the greater part if not all the appropriations for the western people. They like- wise at this session extended the act of oblivion to all persons who desired to avail themselves of it, and pardoned all crimes of a similar nature committed since the passage of the act of the last Assembly in 1787. The persons who committed them were freely restored to all the privileges of citizens, provided that they within three months should take the oath of allegiance to the State of North Carolina before the judge of the Superior Court of the District of Washington; provided, further and ex- pressly, that the pardon then given should not extend to crimes, offenses, or misconduct which might be done subsequently to the passing of this act. And they further provided that the benefit of this act should not entitle John Sevier to the enjoyment of any oflfice of profit, of honor, or trust in the State of North Car- olina, but that he be expressly debarred therefrom. The As- sembly again ordered the election and meeting of another con- vention to deliberate on the propriety of adopting the proposed Federal Constitution. The public opinion upon this subject had undergone a great change since the sitting of the conven- tion in July of this year. The time appointed for the meeting of the next convention was shortly precedent to that on which the Assembly was to sit. Between the rising of the xlssembly in 1778 and the election of members to serve in the convention, the subject of adopting or not the proposed Federal Constitu- tion underwent all the discussions of which it was susceptible, which appeared in the speeches of eminent men in their debates upon the same subjects in the conventions of other States. In newspaper publications, and in verbal discourses in all public meetings and private companies, explanations were given, the defects to be obviated were referred to, the effects to be attained shown, the evils to be avoided pointed out, the dangers impend- ing were demonstrated, and the experience of successful oper- ation upon the adopting States was appealed to. The people, ever willing to do right if they can but understand what it is, as they do whenever the noisy mosquitoes of the day are silenced. Haywood's history of Tennessee. 211 began to see with tlieir own eyes the necessity for j)olitical re- generation. Deputies to the convention and members for the Assembly were elected in the western counties as well as every- where else; and on the 2l3t of November, 1789, at Fayetteville, the convention adopted and ratified the proposed Constitution. The members of the convention who voted against the adojDt- tion of the Constitution at Hillsborough, in the year 1788, were Col. Tipton, John Stewart, Eichard White, Joseph Tipton, and Robert Allen. Those who were members from the same county in 1789^ and voted for its adoption, were Landon Carter, John Blair, and Robert Love. Sevier, at the time of the annual election, in August, 1789, of- fered himself as a candidate to represent the county of Greene as a Senator in the next Assembly of North Carolina, and with- out difficulty was elected. At the appointed time, which was on the 2d of November, he went to Fayetteville to take his seat; and for his accommodation they, in a very early period of the session, repealed all and every part of the last providing clause in the act of oblivion of the last session which related to him by name. He took the oaths of qualification, which were required of every member, and the oath of allegiance to the State of North Carolina. On his first arrival at Fayetteville Sevier waited eight or ten days before he attempted to take his seat, partly that his friends might discover what would be the consequence of attempting to take a seat, and partly to give time for the repeal of that part of the act of oblivion which exckided him by name from any office of honor, trust, or profit. After taking his seat matters re- mained quiet for some time, until Col. (afterward general and Governor) Davie proposed for adoption a resolution to inquire into the conduct of John Sevier, the then sitting Senator from Greene County. It was well understood how the proposal would be received, even before it was offered, and to show at once how far were the members of this Assembly from meditat- ing any harsh proceedings against him. His friends were alarmed for a moment, but they soon found the favoritism which predominated on the side of their friend. The resolu- tion, much to the satisfaction of the mover, was left on the ta- ble, and Sevier was reinstated in the command of brigadier- general for all the western counties. 212 Haywood's history of Tennessee. Thus was brought to a final conclusion the government of I'rankland, and all the consequences appendant to it. Under the present government the Legislature of the State both passed laws confirmatory of administrations granted by the courts held under the authority of the government of Frankland and laws for legalizing marriages celebrated under the authority of that government. The Assembly of North Carolina, which sat at Fayetteville in November and part of December, 1789, passed a law for paying the militia oflicers and soldiers for their services in the expedi- tion carried on against the Chiccamauga Indians by Brig.-Gen. Josepli Martin in the year 1788. The commanding officer was authorized to exhibit in the Comptroller's office paroles on oath for the service of said militia; and a roll with the names of the officers who served in the expedition, which the Comptroller was to examine and to make out, and issue certificates to each officer and soldier, which should be received by the sheriff of the District of Washington in payment of the public money tax due therein, and no other, until all such certificates be paid. And in order that the certificates might be got ready in time to pay the taxes with, they ordered the collectors of the public moneys for the Districtof Washington to delay the collection of the taxes due in that district for the term of three months, and repealed the law for fixing a garrison on the north side of the Tennessee River. They empowered the Comptroller also to liquidate the accounts of the commissary on this expedition, and to grant him certificates receivable as the other certificates were in payment of public dues. Ever since the month of October, in the year 1784, when the Legislature of North Carolina repealed the cession act which had been passed in the sprijig of that year, the people of Wash- ington, Sullivan, and Greene Counties were in a state of rest- lessness concerning their situation. They found themselves suddenly re-attached to a country in which a considerable por- tion of them could perceive no affection for themselves, nor any disposition to give them protection, nor otherwise actuated, as many believed, but by a desire to get from the sale of their lands more certificates of public debt, and the opinion was en- tertained that North Carolina could expose them to the toma- hawk and scalping-knife without feeling in the least for their Haywood's history of Tennessee. 213 sufferings, and without liaving the least inclination to prevent them. Past experience, in their judgment, had fully demon- strated the advantages which were to be expected from the re- newal of their connections with North Carolina — they were to fight for themselves, protect their own possessions, and pay tax- es, which, if not sufficient for the expenses incurred in defending themselves, were to be applied as far as they would go, and the surplus of expenses was to be left unsatisfied. Many instances of such treatment were supposed to lie scattered through the public annals of the country. The expenses of maintaining, protecting, and governing the settlements through various chan- nels had greatly accumulated, and every law was carefully worded, so as to restrict the bvirdens of payment to the districts of Washington and Mero. The instances to the contrary were very few and inconsiderable. The expenses of maintaining the western members at the Assembly, and some others of small note, had inevitably fallen upon the State treasury. On the other hand, the members of the Atlantic Counties had the near prospect, as they supposed, of becoming subject to a still great- er aggravation of burden, and this anticipation never failed to recall a desire for separation; indeed, it seemed as if at this mo- ment there was a presentation to the Assembly of more western claims than had ever before come forward at one time. The Atlantic members labored to find ways and means, and still more to avoid making contributions from the counties east of the Alleghanies. At the same time they began to be tormented with the dreadful apprehension that the time would soon come when they must dive into the pockets of their immediate con- stituents for the payment of their growing expenses. The west- ern members were charged in private circles with an industrious intimation of enormous expenses, which the present circum- stances of the new settlement made indispensable. AVhilst for some cause an outcry was made that the western settlements would soon cost more than even the possessions of them would retribute; and it began to be whispered that it was sound policy to follow the scriptural injunction of lopping off and casting away whatever member of the body proved to be offensive. To such and the like apothegms the members of the Legislature began to be familiarized either by the real or pretended accu- mulation of pressing burdens, which it was dreaded were about to 214 Haywood's history of Tennessee. fall upon the interior counties. They had in the late revolt been furnished with the hint that for very small provocations as they deemed them the western counties would set up for independ- ence, which it was not in their power tocoutroL Operated upon by these and other motives, the Atlantic counties came to the conclusion to let them separate, stipulating for themselves, as the price of emancipation, such terms as were necessary and con- venient for their own people. The Chiccamauga claims, as they were termed, were no small stimulants to the cession act. The Chiccamaugas had plundered and killed the inhabitants of Washington District till it became necessary to embody the militia and march in hostile array into their own country. The Assembly made the provision already mentioned for paying them. The comprehensiveness and the acumen of the terms they employed sufficiently point out the decisive spirit with which it was enacted, and the settled determination of the As- sembly not to subject themselves to any more western debts. Complaints w'ere made that long after the cession act an unfair use was made by the western people of the laws; and it must be acknowledged that if any attempts were made after 1790 to set- tle accounts and obtain certificates under the provisions of the Chiccamauga act, it was an unexpected course of proceeding, ad- verse to the state of things which North Carolina supposed to exist after the acceptance of the cession act. But the western people may have thought it was not material by what means they could draw from a treasurj' replenished by the sales of lands which the unassisted valor of the western people had plucked from the hands of the savages, and wdiich had also been rendered valuable by the settlements which the same valor had j)lanted upon them. They may have judged that to get into such a treasury through an unguarded avenue which the proper owners had left open and forgotten might not, in a court of conscience, be a crime that is entirely unpardonable, especially if the court were created amongst the western people. The learned say that all consciences are not made in the same mold nor are of the same length, and it has been shrewdly suspected that upon this subject a North Carolinian and a Tennessee con- science would be found to differ materially. It was believed about this time that the western people and their members were not deficient in the advancement of all their just claims, and lost Haywood's history of Tennessee. 215 no opportunity to present them whenever there was a hope of having them favorably passed on, and as their constituents were not opulent enough to make them neglect trifles, they claimed, it was thought, full measure for all their services and supplies, and omitted no claim from a motive of disinclination to swell the account. Either by accident or design the ungrateful creed was inculcated that more expeditions against the Chiccamaugas and other Indian tribes would soon become necessary. Upon its trail there followed the odious suggestion that whenever the western people wanted money they pretended that the Indians plundered and scalped their inhabitants; embodied the militia, and continued them in service till their pay amounted to the sums they wanted; that there were endless sources of expendi- ture which would never cease to furnish claims and complaints for the unwilling ears of the Atlantic members, who had nearly as much complacency about this time for the yell of the savage as the claims and complaints of the western representatives. These rumors did not fail of their effect. Each party ran with joy to the formation of articles which were to sever them for- ever asunder. They authorized and required their Senators in Congress to execute a deed or deeds conveying to the United States of America all right, title, and claim which North Caro- lina had to the sovereignty and territory of the lands situated within the chartered limits of North Carolina and west of the line which has already been described as the eastern boundary of the State of Tennessee. (See "Apioendix," cession act.) On the 25th of February, in the year of our Lord 1790, Sam- uel-Johnston and Benjamin Hawkins, the Senators in Congress from North Carolina, executed a deed in the words of the ces- sion act; and on the 2d of April, of the same year, the United States, in Congress assembled, by an act made for the special purpose, accepted the deed. The sovereignty of North Carolina over the ceded territory instantly expired. North Carolina -was relieved from all her inquietudes, and the western people with joyful alacrity began to open for themselves the paths to pros- perity and glory. The separation was not like that of a discon- solate mother parting from a beloved daughter, but rather like that where Abraham said unto Lot: "Separate thyself, I pray thee, from me: if thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left." CHAPTER VII. Commissioners and Guards Lay Ofi'tlie Bounds of the Military Lands — Nashville Established — Provisions Made by the Assembly for the Settlers in Cumberland — Spaniards Set Up Claims to the Counties North of Thirty-one Degrees of North Latitude — Treaty with the Creeks as within Their Limits — Articles of the Treaty — Col. Rolierlson's Conduct toward the Spaniards — Indian Incursions — Their Comliat with Trammel and Mason — Aspre's Combat with Them — Per- sons Killed or Wounded by the Indians in 1783, 1784, and 1785 — Provisions of the Assembly in 1785 for the Cumberland Settlements — Davidson Academy Established — Sujierior Court for tlie County of Davidson Eslablislied — Distil- lation of Grain in Cund)erland Prohibited — Treaty of Hopewell — Inhabit- ants South of the French Broad and the Holston — The Southern States Dis- satisfied with the Treaty — Creeks Persevered in Their Hostilities — Extension of the Settlements in the Cumberland — Persons Killed by tiie Indians — Whites Routed by tiie Indians on Defeated Creek — Men Raised by the Assembly for the Protection of Davidson — Road to Be Cut from the Lower End of Clinch Moimtain into the Cumberland Settlements — Further Time for Surveys and Registration of Grants — Sumner County Erected in 1786 — Settlements toward Red River Extended — Persons Killed or Wounded by the Indians in 1786 and 1787 — Expeditions toColdwater — Indians Surprised and Killed — Fiencli Trad- ers and Their Goods Taken; the Town Burned — Frencli Boats Taken Coming up tiie River — The Troops Returned to Niisiiville; Goods Sold, and the Pro- ceeds Divided — A Company Went by Water, and Were Defeated at the Mouth of Duck River, and Turned Back — Col. Robertson Wrote to Illinois, Giving a Detailed Statement of This Expedition, and of the Causes Which Led to It — Creek Parties Came to tiie Cumljerland Settlements and Fell upon the Inliabitants; Pursued and Routed; in Turn Attacked by liie Indians, Who, after a Long Conflict, Retreated — Other Parties Came to the Cumberland Set- tlements and Killed the Inhal)ilants— Troops of Evans's Battalion Begin to Ar- rive in Small Detachments — Patrol Appointed by Col. Robertson, and Duties Prescribed — Indian Party Pursued by Capt. Rains; Not Overtaken — Fell upon the Trail of Indians Going to Nashville; Followed Them; Overtook and Dis- persed Them — Sent Out Again Afterward ; Fell upon a Trace; Overtook the In- dians; Killed Some, and Made a Boy Prisoner — Sent Out Again; Found a Trace, Overtook the Indians; Killed Some, and Took a Prisoner— Other Par- ties Frequently Sent Out — The Soldiers of Evans's Battalion Placed at Difii?rent Stations — Persons Killed in 1787 — Scouting Parties — Their Various Fortunes — Representation to the Assembly of the Distressed Situation of the Cumber- land Settlements by the Members from Davulson and Sumner — Names of Persons Killed — Spaniards Blamed — Proceedings of the Assembly in Favor of the Cumberland Settlements — Road — Pass to the Indians— 111 Treatment of Indians Prohibited — Escort for Moving Families — Road Cut — Making of Salt Encouraged — Persons Killed or Wounded by the Indians in 1788 — (21G) Haywood's history of Tennessee. 217 Robertson nnd Bledsoe Inquire of the Creeks the Real Cause of Their Hostil- ility — The Answer of McGillevray — Other Persons Killed or Wounded by the Indians in 1788 — Accession of New Settlers — Federal Constitution Rejected — Tennessee County — Seperior Court District; the name of Mero Given to It — Remarks upon That Circumstance — Creek Claim to Lands in Cumberland Refuted by Gen. Robertson— Justified His Expedition to Coldwater — His Re- ply to McGillevray — McGillevray's Answer — Conflicts with the Indians, 1789 — Persons Killed or Wounded in 1789 — Mero's Proclamation Inviting Settlers on the West Side of the Mississippi — Col. Morgan Made a Settlement; Discon- tinued in 1789 — Proceedings of the Assembly of 1789, in Relation to the Cum- berland Settlements — Salt Licks Disposed of— Tobacco Inspection. EAELT in 1784 the commissioners and guards came from Nortli Carolina, and laid off the military land from the northern boundary of the State southwardly. They ran south fifty-five miles to Mount Pisgah; and then, forming themselves into two divisions, one ran to the Tennessee and the other to the Caney Fork. The line made by the commissioners in 1783 crossed the Harper E-iver a mile, or thereabout, below the place where the Big South Road (as it was then called) crossed the same river, being six or seven miles above where Franklin now stands; and, in its western direction, passing near where Gid- dens now lives. This South Road, as it was called, was a broad beaten path, made by the buffaloes which came from the south to the French Lick, and apparently had been used by them for ages. It was worn into the earth one or two feet, or more in many places. In some places it was three or four feet wide. Buffaloes, when they go to or from a lick, follow their leader in front in a single line. Sometimes they continue in the same slow and solemn pace for nine or ten miles before they turn off the road to graze and satisfy their hunger. This South Road extended from the French Lick to Duck River, and how much farther the writer has not yet ascertained. The lines run in these two years were said to be eight or nine miles apart. That run in 1783 was called the "Continental Line;" that run in 1784, by Rutherford, the "Commissioners' Line." The Assembly of Nortli Carolina, in their April and May ses- sion of the year 1784, established a town at the bluff, and named it Nashville in memory of the patriotic and brave Gen. Nash. He was a gallant and active officer, full of zeal for the glory of his country. At the battle of Brandywine he commanded the brigade from North Carolina. In the heat of the battle a can- 218 Haywood's history of Tennessee. non-ball broke his tliigli as he was sitting on his horse in the field of battle. He died a death of honor in the arms of glory. His name is embalmed in the memory of his countrymen, with an unguent of endless duration. At the same session they provided for many persons who had failed from inevitable causes to obtain from the commissioners in 1783 certificates of their preemption rights. After the rights of preemption were created by the act of 1782, events took place which de fado forrfted the preemption- ers into classes more or less meritorious. Some had gone off when the public distress was very pressing, and lived for a time in Kentucky or in other neighboring settlements; some had re- mained and defended the country through all its dangers ; others had done the same, but were under the age of twenty-one years, and for that reason were out of the provisions of the act of 1782; others had come after the 1st of June, 1780, but had joined with great bravery and effect in repelling the Indians ; and some were killed, and left young children and widows. Those of the first description this act of 1784 left as they were before. Under the provisions of the act of 1782 and 1783 they were entitled to a right of preemption, but must pay the price required. Not so with those who had staid and defended the country, and were still living. They were to make their entries without any price to be paid to the public. These the act particularly named^ that is to say: John Cockrill, Ann Cockrill (formerly the wid- ow), Ann Johnston, Robert Espey, James Espey, John Buch- anon, Cornelius Eeddle, James Mulherrin, James Todd, Isaac Johnston, John Gibson, Francis Armstrong, John Kennedy, Jr., Mark Robertson, William Ellis, James Thompson, James Shaw, James Franklin, Henry Howdeshall, Pierce Castello, Morris Skean, "William Logan, David Flood, John White, Peter Loo- ney, William Collins, Jonas Manifee, Daniel AVilliams, John Evans, Andrew Thompson, Casper Mansco, George Freeland, Daniel Johnston, Edward Swauson, Andrew Kellow, Francis Hodge, John Mulherrin, James Freeland, John Tucker, James Foster, Amos Heaton, Dennis Condry, Frederick Stump, Rus- sell Gower, Andrew Erliu, Thomas Rater, Isaac Lindsey, Moses Winters, James Harris, John Brown, Lewis Crane, John Mont- gomery, Stephen Ray, Daniel Hogan, Thomas Spencer, Hum- phrey Hogan, Heyden Wells, Henry Ramsey, John Barrow, John Haywood's history of Tennessee. 219 Thomas, William Stewart, Samuel Walker, David Ptouncevall, Arthur McAuoo, James McAdoo, Henry Turney, Samuel Bar- ton, John Dunham, Ephraim Pratt, William Overall, and James Robertson — seventy in all. The same provision was made in fa- vor of the heirs and devisees of such as were dead, and those also were specially named: Zachariah AVhite, Alexander Buch- anon, James Leiper, James Harod, Alexander Thompson, Dan- iel Maxwell, Eobert Lucas, Timothy Terril, William Hood, Ed- ward Carven, William Neely, James Franklin, Samuel Morrow, George Kennedy, John Robertson, Able Gowen, Sr., x4.bel Gowen, Jr., Nicholas Trammel, Philip Mason, James Turpen, Nathan Turpen, Jacob Stumi3, Nicholas Gentry, William Coop- er, Jacob Jones, James May field, William Green, William John- ston, Samuel Scott, George Aspie, William Leighton, John Crutchfield, Joseph Hay, John Searcy, Isaac Lucas, Patrick Quigley, Jacob Stall, Joseph Milligan, Abraham Jones, David Porter, Benjamin Porter, Edward Larimore, William Gausley, Jonathan Jennings, David Carver, Jesse Bralston, Joseph Eenfroe, Philip Conrad, William Gausway, John Bernard, John Lumsden, John Gilky, Solomon Phelps, James Johns, Thomas Hainey, Alexander Allerton, John Blackmore, James Fowler, John McMurtry, John Shoctly, John Galloway, and Isaac La- four — sixty-three in all. The act takes notice of these latter as persons who were killed in the defense and settlement of the county of Davidson, and directs that the heirs and devisees of each of them shall have six hundred and forty acres of land without price to be paid to the public. It proceeds to make provision for those who, because of their non-age on the 1st of June, 1780, were not entitled to the right of preemption under the act of 1782, though they had remained in the country and helped to defend it; and for those who had joined in its defense, though not in the country on the 1st of June, 1780. They gave to each of them six hundred and forty acres of land, to be laid off out of any lands in the country, except those set apart for the officers and soldiers. These also they particularly named, and enabled them to enter their lands without price to be paid to the State. Their names were: Christopher Gais, Sr., Chris- topher Gais, Jr., Jonathan Gais, Kasper Booker, Richard Breeze, Phineas Cook, Mark Nobles, John Kells, Isaac Mayfield, Samuel Holies, Isaac Rouucevall, Eneas Thomas, Joshua Tliom- 220 Haywood's history of Tennessee. as, Caleb Winters, John Buclianon, Sr., John Kennedy, Jr., John Castello, Kobert Thompson, and Sampson Williams. A num- ber of other preemptioners had, indeed, remained in the county, and shared in all the dangers which had threatened it; but they had made their entries and had paid the ]3urchase money, and were therefore not embraced in this act. An office was opened for receiving entries of preemption rights, and another for entering and surveying the claims of. the officers and soldiers upon the warrants which were so directed to issue to them from the Secretary's office. But as the affairs of the Cumberland settlers seemed to bright- en the Spanish became sullen. They began to intimate that their territorial limits toward Georgia included the greater part of the Creek Nation, and that the boundary of their territory was several degrees north of latitude thirty-one. Whilst these States were in the childhood of independence the conduct of the S^janiards toward them implied that they had not yet acquired any knowledge of international law, or were too weak to resent tlie infraction of its rulers. It is an obvious law among nations that one sovereignty shall not treat with inhabitants residing upon the territories of another, nor take them under protec- tion, much less receive from them a stipulation that its govern- mental orders and municipal laws shall be obeyed by them. Yet noAv such was the conduct of Spain toward the State of Georgia. On the Ist of June, 1784, in the fort of Pensacola, the capital of West Florida, Gov. Mero, Gov. Oneille, and Don Navarro, on behalf of the Spanish crown on the one side, and Alexander McGillivray for the Creek nation on the other, made and signed a treaty by which the Creek nation engaged to maintain invi- olable peace with the Spaniards; to expose their lives and fo^'t- unes for the King of Spain; to obey the orders which should be received from the Governor of Louisiana or Florida, and the laws of the great King of Spain in points compatible with the character and circumstances of the Creeks, who should con- form themselves to the municipal usages and customs, estab- lished or to be established, in Louisiana and both Floridas. The treaty speaks of the Tallapuche Nation, who were on the lands conquered by the arms- of the Kii^g of Spain, and engages to establish a permanent commerce for them. The Creeks were Haywood's history of Tennessee. 221 to establish a general peace with the Chickasaws and Choctaws, and others of the continent. They engaged also to arrest all strangers coming into their country advising them to take up arms against the King of Si:)ain, and not to admit into their towns any white persons without a Spanish passport. They en- gaged further to desist from the practice of taking scalps and of making slaves of the whites; and, in case of a war against the enemies of the King of Spain, such persons as they should make prisoners should be well treated until they should be ex- changed. They agreed to deliver up all white prisoners who were citizens of the United States of America. They were not to admit deserters or fugitive slaves from Louisiana or Florida into their country, and were to prevent thefts by the Creeks as much as possible. The King of Spain guaranteed to them all the lands which they possessed within his limits; and, in case of dispossession of their lands by his enemies, he engaged to give them other equivalent lauds. All the regulations appli- cable to a state of war, and the provision to take effect in case of the expulsion of the Indians from their country, seemed to look forward to a contest with some neighboring people, whom the Creeks might kill or capture, or by whom they might be driven from their country. The people -who were thus in con- templation, having no such anticipations, had not yet thought of any counteracting plan. Whether at the date of this treaty or soon afterward any mischievous designs were infused into the minds of the Indians will be best understood by their pos- terior conduct. As they promised in all things to obey the Spanish authorities, they would certainly have obeyed the order for them to be at peace with the people of Cumberland, if any such they had received. And as it was not stipulated that the Creeks should be at peace with them, as well as with the Chick- asaws and Choctaws, it is evident that their conduct toward the people of Cumberland was to be regulated by orders, which the Spanish government should issue. Although these Spanish transactions were kept secret from the people of Cumberland, Col. Robertson entertained the suspicion that Spanish jealousy was the cause of Indian hostilities, and accordingly he pursued all such measures as were best calculated to inspire the Spanish officers with a confidence in the amicable inclinations toward them of the new settlers on the Cumberland. Colbert and some 222 Haywood's history of Tennessee. of his people, for some cause, had made seizures of Spanish property, which the Spaniards called robbery. Robertson im- mediately wrote to Mr. Portell in October, 1784, to convince him that none of the people of Cumberland had any share in these violences; and offered, if he could be furnished with proof to identify the property, and could find it in the possession of the Chickasaws, to cause it to be restored to the owners. Portell, in reply, was very sensible of the high character which the American people bad and justly deserved for integrity and justice; and was perfectly satisfied that the people of Cumber- land never had any co-operation with those brigands, as he called them; but, on the contrary, that they participated in suf- fering from the evils which the Spaniards sustained from those vagabonds. "Colbert and his people," said he "are carrying on a war by robbery and pillage everywhere, and he has so large a number of persons under his command that it is impossible to make proof of those who are the owners of the negroes in their possession whom Col. Robertson had described." Mr. Portell not only expi'essed very feelingly his grateful sensations for the amicable behavior of the people of Cumberland, but promised to maintain the most friendly disposition on his side, and would experience much pleasure in being useful to the colonel and his people, and of convincing the latter of the high consideration in which he held him. The Indians through the course of this year made incursions into the Cumberland settlements for the purpose of killing and plundering the inhabitants. Early in this year they killed Philip Trammell and Philip Mas^n, whose names are mentioned in the legislative act of the May session of 1784, providing for the uncertificated preemptioners. As one among a thousand specimens of the unequaled fortitude and gallantry of the first settlers, it is proper to give a recitation of the conflict in which they ended their existence. These two men at the head of White's Creek had killed a deer, and were skinning it. The In- dians stole up to the place and fired upon them. They wounded Mason, and carried off the venison. Trammell got assistance from Eaton's Station, and followed the Indians. He came up with them. They fought, and he killed two of them ; but other Indians coming up with their horses in possession, the whites were once more obliged to retreat, after Mason had received the Haywood's history of Tennessee. 223 second ball, whicli proved fatal. Trammell found some other while men in the woods, whom he induced to go with him back to the place where the Indians were. They found the latter, and immediately renewed the fight. They killed three Indians, and fought till both parties were tired. Trammell and Josiah Hoskins, enthusiastically courageous, and bent upon making their enemy yield the palm of victory, preciijitated themselves into the midst of the retreating Indians, and received the fruit of their temerity. They fell by the hands of the foe. The rest of the white men maintained their ground until both parties were willing to respire from their martial labors. Aspie is an- other of the names mentioned in the same obituary catalogue, and his case, too, is deserving of particular notice. He, together with Andrew Lucas, Thomas S. Spencer, and one Johnston, had left the bluff on horseback to go on a hunting tour, and had proceeded to the head waters of Drake's Creek, in crossing which their horses stopped to drink. At this moment a party of Indians came up and fired upon them, when j^hey had no sus- picion that any Indians were in the vicinity. Lucas was shot through the neck and through the mouth. He dismouiited, how- ever, with the rest, but in attempting to fire the blood gushed out of his mouth and wet his i)riming. Perceiving this, he crawled into a bunch of briers. Aspie, as he alighted from his horse, received a wound which broke his thigh, but still he fought heroicall}^ Johnston and Spencer acquitted themselves with incomparable gallantry, but were obliged to give Avay, and to leave' Aspie to his fate, though he entreated them earnestly not to forsake him. The Indians killed and scalped Aspie, but did not find Lucas, who shortly afterward returned to his friends. The whole family of the Aspies were superlatively brave. The brother of this one was killed in the battle at the bluff. When he first fell he placed himself in a position to reach a loaded gun, with which he shot the Indian that ran to scalp him. Spencer in the heat of the engagement was shot, but the ball split on the bone of his arm and saved his life. In the year 1784 the Indians killed Cornelius Eiddle, near Buchanon's Station, on a small path leading to Stone's River, by the place where Maj. Hall's plantation now is. He had killed' 224 Haywood's history of Tennessee. two turkeys and hung them up on a tree, and had gone off into the woods to hunt for more. The Indians, hearing the report of his gun, came to the place and, finding tlie turkeys, lay in ambush where they were, and on Riddle's coming to take them away they fired upon and killed him. In the year 1785 Moses Brown was killed by the Indians, near the place on Richland Creek where Jesse Wharton, Esq., now lives, then called Brown's Station. In this year, also, the In- dians killed Edmund Hickman, a surveyor. They came upon him in that part of the country which is now Hickman County, on Piney River, whither he, Col. Robertson, and Col. Weakly had gone in company to survey entered lands. In this year, also, they killed a man who lived with William Stuart, on the plantation where Judge Haywood now lives, in the forks of Mill Creek, on that part of the plantation where John Buchanon once lived. The Assembly of North Carolina, which began its session on the 19th of November, 1786, and ended it on the 29th of De- cember, of the same year, made several important provisions for the Cumberland settlements. They established an inspection of tobacco in the county of Davidson; but how the raisers of to- bacco expected to sell, prohibited as they were by Spain from navigating the Mississippi below the 31st degree of latitude, the Assembly neither knew nor inquired. But as the inspection cost no money to be paid out by the public treasury, they were will- ing as well in that as in other costless experiments to gratify the wishes of the Cumberland settlers. The members of Davidson, on account of the good offices they could do for those who wished to become the owners of land on the Cumberland, and to have the military warrants which they had purchased well located and attended to, were regarded and treated with great attention. Hardly any request they made was rejected, if it only abstained from interference with the public coffers. In all Legislatures there is a class of members who idolize the contents of the pub- lic chest, having nothing to allege in support of their claims to popular favor but a disposition to save money on all occasions, while to all other subjects they have the most consummate indif- ference. Dexterously using the advantages which these circum- Haywood's histoey of Tennessee. 225 stances put into their possession, Col. Robertson, a member of the Legislature, did not fail to improve them to the beneht of his suffering constituents. They passed an act establishing the Davidson Academy; a2)pointed trustees and made them a corpo- ration; exempted the lands of the academy from taxation for ninety-nine years, aiid vested in them, for the use of the semi- nary, two hundred and forty acres of the lands reserved for the use of the State, being that part of the French Lick tract which is most remote from the Salt Springs, near Nashville. They passed a law, also, to establish a Superior Court of law and eq- uity in the county of Davidson, the first session of which was to commence on the first Monday in May, 1876. They appointed a young man of the age of twenty-four years to be the judge of this court, who, upon more mature reflection becoming fearful that his small experience and stock of legal acquirements were inadequate to the performance of those great duties which the office devolved upon him, chose rather to resign than to risk the injustice to suitors, which others of better qualifications might certainly avoid. The act provided that no person in the county of Davidson should be subject to any action in any of the courts on the east side of the Appalachian Mountains, and that no per- son on that side of the mountain should be subjected to any ac- tion in the county of Davidson. According to the established usage of that day, the Assembly did not neglect to provide that the salary of the judge should be paid by the County Treasurer of Davidson. They also passed a law to prevent the distillation of spirituous liquors in the county of Davidson for a limited time. Crops were short and grain scarce, owing to the obstruc- tion of agriculture by the withdrawal of the planters to oppose the infesting savages, and sound discretion required that the grain should be preserved for the subsistence of the settlers and of the new emigrants upon their arrival. An event now took place which afforded the hope that Indian hostility would considerably abate for the future. On the 2Stli of November, 1785, the United States on the one hand and the Cherokees on the other, concluded a treaty at Hopewell, in the Keowee, in which it was stated that the United States gave peace to the Cherokees and received them into favor and pro- tection under certain conditions. The Cherokees acknowledged thernselves to be under the protection of the United States, and 15 226 haywooe's history of Tennessee. of no other sovereign. They promised to restore all the prison- ers and negroes they had taken; and any o£ their people made prisoners were to be restored. Their boundaries were fixed, as in the first chapter of this book is stated, by which a great part of the lands entered in the offices opened in 1783 for receiving- entries of vacant lands were made to be within the Indian ter- ritory. It was engaged that the lands secured to them by this treaty shall not be settled on by the white people, who for ob- stinate intrusion should be liable to be punished by the Indians as they might think proper, with an exception in favor of the oc- cupants on the south of the French Broad and the Holston, who, as well as the Indians, were to abide by the decision of Congress on their case. They were bound to deliver up capital offenders who took refiige amongst them. For capital offenses commit- ted against them by the white people the offenders were to be punished in the presence of some of the Cherokees in the same manner as they would be for like offenses committed on citizens of the United States. And they agreed not to retaliate on the innocent for crimes committed by the guilty. It was agreed that Congress should regulate their trade, but in the meantime trad- ers were to be received and well treated, and the Indians were to give notice of any hostile designs formed by other tribes or by other persons, and the Indians were to send a deputy of their own choice to Congress whenever they thought proper. Friendship was to be forever re-established and maintained to the utmost of their power by both parties. The treaty of Hopewell gave great umbrage to all the South- ern States. William Blount, Esq., then in Congress from North Carolina, determined to give it all the oj^position in his j)ower. He deemed it beyond the power of Congress to make a treaty repugnant to the laws of North Carolina concerning lands and boundaries within her limits. Such power, he contended, was not given to Congress by the Articles of Confederation. In this year the Cumberland settlements remained stationary, but upon renewal of friendship with the Cherokees it was expected that they would soon begin again to progress, and that there would be a great accession of new settlers in the year 1786. But the year 1786 was not without its troubles, though it was not so fruitful in the destruction of the settlers and in the abundance of disasters to be recorded in the pages of history as former Haywood's history of Tennessee. 227 3'ears had been. By the treaty of Hopewell much had been giv- en up to purchase the good-will of the Cherokees. The bounda- ries of the whites were greatly contracted, and extensive coun- ties resigned, which were included in the treaty at Fort Stanwix, and in the deed to Henderson, the benefit of wliich North Car- olina was entitled to, having paid him with lands in Powell's Valley for his trouble and expenses in negotiating and making the treaty for the safety of the Cherokees, and the purchase by him and his companions of the lands contained in his deed. Although no purchase could be made from the Indians but by public authority and for public uses, yet a purchase made by in- dividuals might be deemed obligatory on the Indians and be con- verted by public authority to public uses. The prohibition was not made for the benefit of the Indians, but of the State, which might either ratify it or not as the public good required. This purchase covered a great part of the lands renounced by the treaty of Hopewell. The concessions made by this treaty to the Indians may have contributed to that abatement of savage cru- elties which characterized the year 1786. The Creek aggres- sions, however, proceeded without alleviation. They had waged a deadly war against the Georgians for five or six years then last passed, and had so much annoyed them as to make the restora- tion of peace a very desirable event. For some time after the treaty of Hopewell they were the principal marauders and plun- derers of the Cumberland settlements, and the chief perpetra- tors of all the massacres committed on the settlers. In this 3'ear the settlements were not extended, but the num- ber of the inhabitants increased. James Harrison, William Hall, and W. Gibson settled above Bledsoe's Lick, and Charles Morgan at Morgan's Station, on the west side of Bledsoe's Creek, four or five miles from the Lick. The Indians killed Peter Barnet below Clarksville on the waters of Blooming Grove; also David Steele, and wounded William Crutcher, and went off leaving a knife sticking in him, but he recovered. On the creek now called Defeated Creek, in Smith County, on the north side of Cumberland River, John Peyton, a surveyor, Ephraim Peyton, Thomas Pugh, and John Frazier had com- menced their surveys and had made a camp. Whilst they were all asleep at the camp, in the night-time, about midnight, snow being upon the ground, on the 2d of March, a great number of 228 Haywood's history of Tennessee. Indians surrounded the camp and began to fire upon it. Before tliey were perceived they wounded four out of the five. Tlie whole party of wliites ran tlirough tiiem and made their escape and got Jiome. The Indians took their horses, compass, chain, blankets, saddles, and bridles, and went off. Ever since that time this creek has been called Defeated Creek. The Indians who committed this depredation were Cherokees. The Assembly of North Carolina, at their session which com- menced at Fayetteville on the 18th of November, 1786, taking notice of the frequent acts of hostility committed by the Indians on the inhabitants of Davidson County for a considerable time past, and that necessity required the taking of some measures for their protection, enacted, at the instance of Col. James Rob- ertson, who devised, directed the drawing of, and introduced the bill, that three hundred men should be embodied and stationed in, Davidson to protect the inhabitants and to be employed in cutting a road from the Clinch River to Nashville. They ordered four hundred acres of land to be laid off and allotted to each soldier in full satisfaction of the half of the first year's pay, and in the same proportion for the time that he should serve over and above one year, in full satisfaction of the one-half of the pay that should be due him for such further service; such lands to be in some part of North Carolina, west of the Cumberland Mount- ains. Proportionate allowances in lands were made to the offi- cers for the pay they might be entitled to, and they inserted the indispensable clause that the moneys arising from the tax of lands west of the Appalachian Mountains should be appropriat- ed to the purpose of discharging the expenses of raising and clothing armies, and supporting the troops to be embodied in pursuance of this act; the surplus, if any, to be carried to the contingent fund. And they provided furtlier, by way of clearly intimating what would be their future conduct upon similar sub- jects, that in all returns of taxable property made by receivers of lists and clerks of courts, they shall particularly specify the lands situated west of the Cumberland Mountains, that the net produce of the revenue arising therefrom may be ascertained; as much as to say, be it understood, that beyond it we will not go for the satisfaction of any debts contracted in the mainte- nance and protection of these new settlements. The troops, when raised, were to be marched from time to time into the Haywood's history of Tennessee. 229 Cumberland settlements, and the field officers of Davidson County were to give directions for tlie disposition of said troops in sncli proportions and at such places as might be deemed most likely to intimidate the Indians and prevent their incur- sions into the Cumberland settlements. But, nevertheless, the commanding officer of the troops, in cases of emergency, or when the situation of affairs or alteration of circumstances should render it immediately necessary, was at liberty to make such other disposition of them as should be deemed most condu- cive to the safety of the inhabitants. And it was ordered that the troops when assembled to the lower end of Clinch Mount- ain should cut and clear a road from thence the nearest, most correct, and convenient way to the town of Nashville, making the same at least ten feet wide and fit for the passage of wagons and carts. The road was laid off and opened in the next year. Two years' further time was given for completing the surveys of western lands, and two years' further time for the registration of military grants, xlt this session also, the county of Sumner was made out of part of the county of Davidson. The line of di- vision began wdiere the county line crosses the west fork of Stone's River; thence a direct line to the mouth of Drake's Lick Creek; thence down the Cumberland River to the mouth of Casper's Creek; thence up the said creek to the head of the War Trace Fork; thence a northwardly course to the Virginia line, at a point that will leave Red River Old Station one mile to the east. All that part of Davidson which lay east of this line was thereafter to be considered as the county of Sumner. This name was given as a testimony of respect and gratitude to Brig.-Gen. Jethro Sumner, of the North Carolina line, who continued during the whole war in the service of his country, acting a distinguished part in the greater number of the hottest actions which had tak- en place during the war, and was as eminent for personal valor as he was for his equanimity and suavity of manners. His name is precious in the estimation of his countrymen. It is en- graved on their hearts in characters of imperishable duration. In 1787 the settlements were not extended, but continued as they had been for some time except toward Red River, where they had visibly and considerably expanded. The Indians were not idle in distributing amongst the new settlers the tokens of their virulent indisposition toward them. In this year, at Hen- 230 Haywood's history of Tennessee. drick's Station, on Station Camp Creek, the Indians came in the night, and assaulted the station. They broke into a house in ■which were Price and his wife and family. They killed the old man and woman, and chopped the children, and left them wounded. Tbey killed a boy by the name of Baird on Station Camp Creek, near the head of it, in the day-time, and stole sev- eral horses there. They killed William Hall and his son Rich- ard, near the locust land, where Gen. Hall now lives, above Bledsoe's Lick. They also killed another man at the same place. These men were brought dead into Bledsoe's Lick Sta- tion, with their blood upon them, in the presence of three preg- nant women, who were afterward delivered of their children, all of whom were marked, one as if a bullet had been shot through the head; and the others upon the backs of their necks, with red streaks resembling blood running from the head where the scalp had been taken. In the summer of 1787 a party of Indians came to Drake's Creek, where William Montgomery lived, and shot down his son, and scalped hira; they also shot John Allen through the body. About this time, in the same neighborhood, they killed old Mr. Morgan, and were pursued by a party of white men under the command of George Winchester, who followed on their trail. Another party, under the command of Capt. William Martin, also followed them, and went to take their trail by a nearer route. He encamped near the trail, not having found it. The other party, on the same night, came on the trail; and, seeing the camp of Martin, fired upon it, and killed William Ridley, the son of George Ridley, now of Davidson. In the month of May of this year (1787), a few days before the embodying and marching of troops to Coldwater, the In- dians came to Richland Creek, and in the day-time killed Mark Robertson (near the place where Robertson's Mill now stands) as he was returning home from the residence of Col. Robertson, his brother. In a few days afterward, shoi'tly after the begin- ning of June, one hundred and thirty men assembled from the different settlements on the Cumberland River at Col. Robert- son's, under his command, who, being assisted by Col. Robert Hays and Col. James Ford, marched for the Indian town. Cold- water, with two Chickasaws to' lead them to the Creeks and Cherokees. They crossed at the mouth of South Harper; thence Haywood's history of Tennessee. 231 they went iu a direct course to the mouth of Turnbull's Creek; theuce up the same to the head; and thence to Lick Creek, of Duck Piiver; theuce down the creek seven or eight miles, leav- ing the creek to the right hand; thence to an old lick as large as a corn-field; thence to Duck Biver, where the old Chickasaw trace crossed it; thence, leaving the trace to the right hand, they went to the head of Swan Creek, on the south side of Duck Kiver; thence to a* creek running into the Tennessee River, which the troops then called Blue Water. It ran into the Ten- nessee about a mile and a half above the lower end of the Mus- cle Shoals. They left this creek on the left hand. When with- in ten miles of the river they heard the roaring of the falls. One of the Indian guides, with several of the most active sol- diers, were ordered to go to the river, but returned about mid- night, saying that the river was too distant for them to reach that night and return. In the morning they pursued the same course they had done the day before. At 12 o'clock they struck the river at the lower end of the Muscle Shoals, where it is said the road now crosses, and concealed themselves in the woods till night. On the north side of the river, on a bluff, was a plain path leading down the river, which seemed to be much traveled. On the south side of the river were' cabins on the bank. Six or seven of the soldiers went down privately to the bank, and con- cealed themselves in the cane to observe whatever could be seen on the opposite side. After some time they saw on the south side some Indians looking for the troops under Col. E-obertson. They passed into an island near the south side, where they took an old canoe and came half-way over the river. They then stopped and swam and washed themselves, and returned to the same place with the canoe they had taken it from, and tied it there. Capt. Bains was sent with fifteen men up the river on the path, with orders from Col. Bobertson to take an Indian alive. Capt. Bains went on the path toward the mouth of Blue Water Creek. About sunset Col. Bobertson recalled him. In the whole day they heard no cocks crowing or dogs barking. The whole body of troops was called together on the north side of the river to cross over at night. Tiiey went to the low lands on the bank of the river. The seven men who had watched in the cane in the day now swam over the river and went to the cabins, and no living being was there. They untied the canoe 232 Haywood's history of Tennessee. and came over to the north sianiards Intercede with the Creeks to Be at Peace with the United States — Indians Desire That the Whites Should Educate Their Children — Enumeration of the Inhabitants Called For — The Necessary Number for a State Believed to Be in the Territory — Gen. Robertson's Resignation— The Assembly Called to Decide on the Ques- tion Wliether a New State Shall Be Formed — A Law Passed for the Enumer- ation of the Inhabitants — Provide for a Road through Buncombe County, in North Carolina, into the Territory — The Number of the Inhabitants Ascer- tained — Proclamation Issued by the Governor for the Election of Members to Sit in Convention — Constitution Formed — Tennessee Admitted into the Union — Writs Issued for the Election of Members of Assembly and Governor — John Sevier Elected Governor — The Assembly Meet. AFTEE the conferences of Gov. Blount with the Chero"kees, which terminated on the 3d of January, 1795, and had been attended by fifteen hundred Cherokees and by a great number of whites, the general opinion was that peace was again (466) Haywood's history of Tennessee. restored as between them and the United States. The Governor received private assurances from the chiefs that tlieir warriors could be engaged to protect the frontiers, though they could not publicly say so, for fear the Creeks would fall on them before they could be prepared for their reception, "The Bloody Fel- low" and John Watts made part of the representation from the lower towns; and, besides the assurances of peace given on the part of their nation, pledged themselves to use their exertions to prevent the hostile Creeks from plundering and killing the people of Cumberland and Kentucky, and to remove all obsta- cles inconsistent vrith the harmony and good understanding which ought to subsist between people at peace. The Governor, by his proclamation issued on the 8th of January, gave orders for the removal of all those who had settled upon lands guaran- teed to the Cherokees by the treaty of Holston, between the Cumberland Mountains and the Clinch Eiver and that part of the territory called Powel's Valley; and, considering the treaty as in full force and operation by the existing state of peace, he demanded, on the 27th of January, that the Indians who had killed a man should be delivered up to be tried according to its provisions, and if Creeks that they should be seized wherever they could be found in the Nation. Considering, also, that the Cherokees were under the protection of the United States, he directed that one of them who had killed a Creek as he was go- ing to the frontiers to rob and murder should come to his house if in danger; and after the meeting at Allejoy to come to Telli- co block-house, where he would receive as much powder and lead as would be necessary for his defense against the Creeks. This Indian was one of the warriors who accompanied Double Head, in the summer of 1794, to Philadelphia to visit the President. He was called Chiccunee, or "The Stallion." With nine others, about the 20th of December, he fell in with a party of Creeks approaching the frontier of Georgia with hostile intentions, as he and his party supposed, and killed one of them. With his scalp he and his associates appeared at Tellico block-house, where the scalp dance was that night held by several of the principal chiefs and warriors of the Cherokees, in the presence of many of the frontier and other citizens of the United States. These and other appearances gave sure indications of a perma- nent and general peace with the Cherokees, and in April the / ^ APH { 4 > 467.--- An 4.68 Haywood's history of Tennessee. Governor announced that peace with the Cherokees was in real- ity completely restored. He was directed to procure from them their assent to the establishment of a trading-post on the north bank of the Tennessee, near the Creek crossing-place, and he ordered the application to be made to them at the next meeting of their general council, which was to be at Estanaula on the 7th of May; and they were to be informed that Congress had appropriated $50,000 to extend trade to the Indians, and that the goods could be conveniently sent by water to the place proposed, from which they could easily be conveyed to the Cherokees, Chickasaws, and Choctaws; and that a small military post would be established, at which the hunters might sell their meat. The Cherokees were very much disturbed in the latter part of May by a report which some maker of mischief had put in cir- culation, purporting that another visit was to be made to them by the people of Kentucky and Cumberland, but on this head their fears were quieted. A part of t>ie Cherokees felt some uneasiness respecting a claim of Col. Jacks; and at the conferences in October, when upon the subject of lands formerly ceded which were to remain as the several cessions placed them, "The Bloody Fellow" de- livered a medal to the Governor, which Col. Patrick Jack had given to him with a desire that it should be sent to the Presi- dent with an exj^lanation of the intent of the donor. The Gov- ernor said he had understood the intention of the giver of this medal, and promised to explain the matter and to send it to the President. The explanation given by the Governor was this: "Patrick Jack, at that time of Pennsylvania, who gave the medal to ' The Bloody Fellow,' reports himself to have been an armorer in Fort Loudon, and that a deed was made to him by the Cher- okees for fifteen miles square of lands upon the south bank of the Tennessee, including that fort, for a valuable consideration. Certain it is that he has an instrument of writing, signed about the time that the British possessed that fort by Alia cullee cullee, or 'The Little Carpenter,' great chief, if not the head of the nation, the object of which appears to have been to con- vey the above-described tract of land to him. It was also signed by Arthur Dobbs, the then Governor of North Carolina, and by others whose names Gov. Blount did not recollect, for the paper Haywood's history of Tennessee. 469 was not in liis possession when lie gave the information; he had only incidentally seen it. Within the limits of this tract of land, in October, 1795, were a number of Indian towns. The ob- ject of Col. Jack in giving medals to several of the leading chiefs was no doubt to purchase their good-will, to the end that he at some future day might the more easily claim the possession of the land. Gov. Blount assured the Indians that they had noth- ing to fear from the claim of Jack, nor from cunning white mer making purchases unauthorized by the government, and that the government Avould protect the land against such purchases. Jack, it is said, petitioned Congress respecting his claim, and Gov. Blount informed him that he never would obtain posses- sion until the Indian claim should be extinguished by treaty, and that then he would have an opportunity to try the legality of his title in a court of law." The engaging manners and fascinating address of the Gov- ernor had captivated the hearts of the Cherokees, and when they heard in the latter part of that year that he was about to resign his office, the chiefs were deeply affected at the information, and addressed him on the subject. He answered them very af- fectionately that the Territory was about to become a State, which would elect its own Governor as other States did, at wli'ich time his office both as Governor of the Territory and as Indian Agent would expire. He noticed that peace was at length hap- pily re-established, and recommended to them in the most oblig- ing terms a continaance of it by all the means in their power, as upon that depended their happiness and existence as a nation. War, he observed, was a destroyer, and many nations, both white and red, had perished under its influence. The high opinion which they had of his talents and benevolence, and the softened feelings which the occasion produced, had prepared their minds for lasting impressions. The advice he gave sunk deep into their souls, and never has it since been erased from their remem- brance. But the Governor himself had great difficulties to en- counter to preserve the peace which he so earnestly pressed upon the Cherokees. A report was circulated in August that Cox and his party again talked of making the attempt to establish a settlement on the lands they had purchased from the State of Georgia, and Gov. Blount recommended a regular military force to prevent them. 470 Haywood's histoey of Tennessee. Some time in January, 1796, in the early part of it, some per- sons arrived from Georgia whose business was said to be a pas- sage to the Muscle Shoals, and to keep possession there till a settlement could be established by a part of the Tennessee com- pany for them. It was some time before the Governor could get possession of their secret designs, and he then immediately took such steps as appeared to him most likely to defeat them. He wrote to the chiefs of the Cherokees, on the 18th of Febru- ary, 1796, that four weeks before the date of his letter, a boat with many men, who came from Georgia — forty in all — had left Knoxville, as they pretended, for Natchez, but as he since un- derstood for the Muscle Shoals, to settle upon their lands in tiie great bend of the Tennessee. He assured them that if this were a fact the United States would remove them, and not to be uneasy. He was no less perplexed with another set of land purchasers bent upon acts subversive of a state of peace with the Indians. Many of the grantees under the laws for opening John Arm- strong's office, and the office for the appropriation of the lands laid off for the officers and soldiers, came in December, 1795, into the south-western territory, and threatened to take posses- sion, notwithstanding the Indian treaties, having obtained legal advice to that eifect. If it were truly said, some centuries ago, "Uneasy is the head which wears a crown," the experience of our own times shows that the head is not less uneasy which has to regulate the con- cerns of a man's own fellow-citizens. Being in less danger of punishment for setting the government at defiance, they are less submissive to its injunctions than the subjects of a crowned head. How many instances have we seen in this Territory in the course of a few years of undertakings deeply affecting other States, and our relations with them, not only unauthorized, but directly in the face of authority ! Such have been the symptoms of the politic body, so as to make it discernible, and clearly so, that in some time of difficulty and danger the whole engine may fall to pieces unless both the cement of the Union shall be of a more binding quality and the government itself enabled to act with more promptitude and more efficacy against the refractory, whether States or individuals, who refuse the observance of their federal duties; and in time, while the danger is yet afar off, pro- HAYWOOD'S HISTORY OF TENNESSEE. _ 471 vision sliould be made to prevent the recurrence o£ meetings for desperate purposes, whether of land-mongers or conventions. Taking into view the magnitude of the evil, and of the public misfortunes which are likely to spring from it, forfeiture of life and fortune and perpetual outlawry could not be deemed a pun- ishment with too much tincture of severity. Like the lightning from heaven, its stroke should be sudden, and should first fall upon objects of the highest elevation. As machinations to dis- turb the peace with the Indians were multiplied the efforts of the government to maintain it were iDroportionately invigorated. About this time the United States purchased goods, and sent them to the Territory to be disposed of to the Indians for costs and charges. Gov. Blount directed them to be delivered at Tellico. He also directed Col. Kelly and the sheriff of Blount County to remove those settlements which began to be formed between Clinch River and the Chilhowee Mountain upon the lands of the Indians, and he issued a proclamation for the re- moval of the trespassers in Powel's Valley upon the Indian lands. It was understood in the Cherokee Nation and by the people of Cumberland that peace was firmly established. And an In- dian by the name of Shoeboots, of Hightower, with his com- wany, came and encamped near the Cumberland road, and hunted without molestation, determined to suffer uo mischief on their part to be done to the white people; and, with a re- quest, communicated through Mr. Dinsmore, to be treated as friends, and that the white people would meet and talk with them in peace. They had, previous to this request, they said, been well treated by the white people, and had invited them to their camps and used them like brothers; and it was hoped that the white people in traveling would not mistake and fire upon them as enemies. Some of them intended to go to the ferry on the Cumberland to see if goods were there for which they could exchange their skins, meat, or oil; and to trade for them if such goods were there. If there were no goods that suited, they wanted permission to return with their property without inter- ruption. In this company of hunters were nine head men and two hundred others. If Gen. Robertson had an interpreter, they wished to hold a talk with him, and to assure him of their friendship, and to learn the price of goods before the removal 472 ^ Haywood's histoky of Tennessee. of'their skins from camp. The general readily accorded to them all that they requested, but the unruly passions of foolish in- dividuals continually struggled again to embroil the Indians and white people. On the last of February, 1796, the Cherokees complained that four of their nation had been killed; and demanded satisfaction agreeably to treaty, and declared that if satisfaction was not given they would take it. They had hardly made this complaint before they had cause to make another. On the 1st of March they stated that one of their nation was probably killed, for they had heard the rejiort of a guD, and one of their comrades, who was then separated from them, not returning, they took his track and went on it as far as they could, found blood, and could trace him no farther. Gov. Blount promised to make inquiry, and to punish the offender. Peace, so necessary for the well- being of the commrfnity, and so long and so anxiously desired, had scarcely been established before the frenzied imagination of ignorant individuals assumed to know better what to do than the constituted authorities; and, without foreseeing a single ef- fect to be produced by their rashness, blindly committed the most provoking injuries, and exposed the whole country to a renewal of their former sufferings. Such behavior deserved detestation, and that the law should be so framed as to brand it with the mark of infamy. If it be despotism for one man in a country to act as he pleases, free from the restraints of law, how much greater despotism is it for five thousand to act in the same way, either against the State or the individuals who compose it, in divergent or opposing directions, without redress to be had for the wrongs they do, and without the means of preventing them? Freedom, like religion, must be governed by reason, or as the one degenerates into fanaticism so will the other into anarchy, which calls for a master to quell it. The Creeks yet kept up hostilities, and some of the refractory Cherokees were suspected of co-operating with them in an un- derhand way. On the 5th of January, 1795, John Tye, Jr., was killed; and John Tye, Sr., John Burlinson, Sherrard Mays, and Thomas Mays were wounded by Indians on the frontier of Hawkins County, about fifty miles above Enosville, on the waters of the Clinch. Haywood's history of Tennessee. 473 On the 27th of January a party of Indians killed George Mason on Flat Creek, about twelve miles from Knoxville. In the night he heard a noise at his stable, and stepping out, his return to the door was instantly cut off by Indians. He sought safety by flight, and was fired upon and wounded. Nevertheless he reached a cave, a quarter of a mile from his house, out of which they dragged and killed him, and then returned to the house in which were his wife and children. As they returned, Mrs. Mason heard them talking to each other, and at first sup- posed they were neighbors coming to see what was the cause of the firing they had heard, but understanding both the English and German languages, and observing that they spoke in nei- ther of these, she instantly perceived that they were the Indians returning to the house. She had that very morning inquired and learned how the double trigger of a rifle was set. The chil- dren were luckily all of them asleep, and she had taken care not to awaken them. She shut the door, and barred it with benches and tables, and took down the rifle of her husband, which was well charged. She placed herself directly opposite to the open- ing which would be made by pushing the door from its connec- tion with the wall and the receiver of the bolt of the lock which was fastened to it. Upon her own fortitude now solely rested the defense of her own life and the lives of her five little chil- dren. She stood in profound silence. The Indians came to the door and shoved against it, and gradually forced it wide enough open to attempt an entrance. The body of one of them was thrusting itself into the opening, and prizing the door still farther from the wall; another stood behind him pushing him forward, and another again behind him pushing the middle one forward. She set the trigger of the rifle, put the muzzle near to the body of the foremost, and in a direction for the ball, after passing through the body of the foremost, to penetrate those behind. The rifle fired, the foremost fell, the next one to him screamed. They were both dangerously wounded. She uttered not a word. It occurred to the Indians that armed men were in the house, and, not knowing what their number might be, they withdrew without any further attempt on it. They took three horses out of the stable and set it on fire. Their trail was searched for and found. Their number was at least twenty-five. Shortly before the lltli of June two parties of whites were 474 Haywood's history of Tennessee. attacked by Indians on the road leading to Kentucky, and eight of them were killed, wounded, and missing. About the 27th of December George, of Chilhowee, a Chero- kee, killed Mr. Black, of Sevier County, and was himself imme- diately followed and killed by the white people. The Creeks did not yet abate the proofs which they had so long given of their rooted enmity against the United States. The threatening aspect which they presented induced the Gov- ernor, on the 13tli of February, to give orders to Gen. Eobert- son to keep up the infantry which had been formerly stationed for the protection of Sumner County, and particularly the post on the ford of the Cumberland, during the present year, if not otherwise ordered; the other to the 22d of July. And about the same time he wrote to the Secretary of War on the subject of Indian affairs, and recommended that an expedition be car- ried into the heart of the Creek territory, projDosing likewise the plan and time of invasion. He asserted that the upper Creeks had killed and robbed the citizens of the United States from the day of the declaration of independence to that day, without cause or provocation, and regardless of the treaty of New York ever since its formation, with impunity; except that some few of them had been killed by the citizens in defense of them- selves, their wives, and children, their houses, and their prop- erty, or in their flight, with scalps and horses in their posses- sion, which had brought them to believe and to boast that they were superior to the citizens of the United States in war. And until the upper Creeks were made in turn to feel the horrors of war, and thereby learn the true value of peace and a sense of their inferiority, "I see," said he, "no reason to hope that they will observe a more peaceful conduct than they have hitherto done, except so far as they shall in a greater degree be restrained by defensive measures. One certain effect of the upper Creeks having so long killed and robbed with impunity the citizens of the United States has been that more or less of the Cherokees — generally of the lower towns — and of the lower Creeks too, have attached themselves to the upper Creek warriors, and aided them in the perpetration of murdei's and thefts. And a yjrobable ef- fect will be, if they are suffered to pass on with impunity, not- withstanding the present friendship which exists between the United States and the Choctaws and Chickasaws, that they, find- HAYWOOD'S HISTORY OF TENNESSEE. 475 iiig the upper Creeks enriching themselves with the spoils of the citizens of the United States, acquiring the reputation of warriors, while the United States confine themselves merely to defending their citizens when they can, will more or fewer of them be induced to follow their example, which could terminate only in a hostile confederacy or union of the southern tribes. On the contrary, should an expedition be carried on against the upijer Creeks, and should the whole of them be exterminated, it would be but justice as respects them — a nest of murderers and thieves — and would serve as an example to such of the lower Creeks and Cherokees as have been hitherto hostile to the Unit- ed States. It would confirm the Chickasaws and Choctaws in that friendship which they profess." The upper Creek towns he stated to be the source of all the acts of hostility suffered by the citizens of the United States resident on the south- western frontier, the root of the evil. Destroy them, and peace would be the consequence to those citizens. He had attentively and successfully studied the Creek character, and his opinion was that the Creeks, after the invading troops had left the coun- try, would not immediately fall on the frontier citizens for re- venge; for all experience proved that the evils of war had taught the Indians, as well as other people, the value of peace, and they had conducted themselves toward their neighbors accord- ingly. The government of the United States by no means concurred in these sentiments. The new Secretary of War, Mr. Pickering, inquired when the line could be run, and made it known to the Governor that all ideas of offensive operations were now to be laid aside; and to make this jjurpose the more striking and im- pressive, money was sent to Col. King in the spring of this year to pay the militia, excepting that part of Gen. Sevier's brigade in service in the year 1793, who did pursue the Creeks and Cher- okees, meaning those who killed Cavet's family; and except those who were at Nickajack and the Running Water in 1794. The government believed that the whites on the frontiers were the aggressors, and that the Indians stood more in need of protec- tion against them than they against the Indians. These steps were taken to check the inordinate propensities of the people for embodying and devastating the Indian towns and settle- ments. In ordinary cases the corrective might have been a sal- 4:76 Haywood's history of Tennessee. utary one, but iu that conjuncture its propriety might with great plausibility have been doubted. For one of tiie consequences then to be api^rehended was that the people might listen to the dictates of nature rather than the prudential lessons of author- ity, advising the giving up their heads to the scalping-knife and to die with resignation in hopes of better times. The truth is that the worried patience of the people began to spurn the inan- imate recommendations of the government, and to question its title to the character of wisdom. Symptoms of this opinioii displayed themselves in a presentment of the grand jury for the District of Hamilton, at Knoxville, the place of the Gov- ernor's residence, in the April term of this year. They pre- sented as a grievance that the executive officers of the govern- ment had withheld the pay of the militia which in 1793 followed the trail of the Indians who had killed Cavet and his family, under the jDretense that such pursuit, although authorized by the person exercising the office of Governor, was an offensive operation. And also they pres3nted as a grievance, among other things, that this Territory had not received the same pro- tection as those States which were represented in Congress. The Governor, it was suspected, was in nowise displeased to per- ceive the unfolding of these sentiments; for his perpetual thesis was, when speaking of the Creeks, "Delenda est Carihago," and for more than a year it had been inserted in every Gazette vflnch. issued weekly from the printing-office in Knoxville, which was understood to be under his patronage and direction. He con- stantly urged the same topics to the Secretary of War. He wished the people of the south-western territory to be erected into a State, that, having a representation in Congress, they might acquire the same degree of consideration and the same protection that the neighboring States had. He stimulated the people to do themselves justice on this subject, for otherwise he thought they would never receive their due share of protection. The new Secretary of War began his communications with less suavity than the Governor had been accustomed to, and advert- ed to some passages in a letter implying, as he said, a disappro- bation of the steps pursued by the government; to which the Governor answered that he could give him a better exposition. The exception seemed to be more querulous than useful, and to develop a captious predisposition which promised but little ac- Haywood's history of Tennessee. 477 cordance with the Governor's views or those of the south-western people. Besides informing them that all thoughts of offensive operations must be laid aside, he declared to them, also, that no assistance should be given to the Chickasaws. After enumer- ating many improprieties in the conduct of the Governor and of Gen. Eobertson, he used the following expression of his opin- ion: "Upon the whole, sir, I cannot refrain from saying that the complexion of some of the transactions in the south-western territory appears unfavorable to the public interests. It is plain that the United States are determined, if possible, to avoid a direct or indirect war with the Creeks. Congress alone is com- petent to decide upon an offensive war, and Congress had not thought proper to authorize it. The acts of individuals, and es- pecially of public officers, apparently tending to such an event, ought not to be silently ovei'looked." But permission was given, in order to protect the Cumberland settlers, to establish a post on the Tennessee at or near the Creek crossing of the same Chicka- saw limits, and with the assent of the Cherokees, if they had any claim. He allowed a guard of Cherokees and Chickasaws while the works were erecting, and while the troops would be other- wise insecure, and no longer. Should the Cherokees behave well until the next conferences, and should then desire it, the posts advanced into their country were to be removed. The Chickasaws were to be asked for their consent to the establish- ment of a post on the Tennessee, which, at the same time that it would be convenient for trading with them and the neighbor- ing Indians, was well adapted to the security of the people of Cumberland. A station and ferry were to be kept up at AVest Point, if the Cherokees could be induced to consent to the meas- ure; and a written article was to be proposed to them, declaring the object of the station to be for the accommodation of travel- ers, aud should never furnish a pretense for claiming or settling on the lands. To satisfy them that such was the real object, a withdrawal of the garrisons from Tellico block-house and Fort Grainger was suggested. Settlers upon the lands of the Indians were to be immediately removed by military force, if necessary, and all such intrusions for the future were to be abated and pre- vented. In order to prevent the Indians from stealing horses the south-western people were not to steal their lands. The Creeks, when passing through the Cherokee country to rob and murder, 478 Haywood's history of Tennessee. were to be prevented, if possible, by the Cherokees; but not by force, for that might bring on war; in Avhich case the United States wouhl be in honor bound to support the Cherokees, and thus have to encounter an open war with the Creeks. That part of the Cherokee treaty which stipulates that their lands are not to be hunted on nor their game killed by the white people was to be most strictly observed. The opinion of Gov. Blount, delivered in December last to Gen. Robertson, and by him com- municated to the Chickasaws, was censoriously reproved, as it would eagerly be caught hold of by them, who might be in- cited by it to more rash acts than otherwise they would have committed. These animadversions were shown to the people of Cumber- land. The acerbities, so profusely scattered through the whole of this document, were supposed to be but illy adapted to the feelings of a bleeding people; and were the more poignant as they came from the quarter whence was expected at least the balm of consolation, when it did not furnish the redress to which the much-injured people of the south-western territory were entitled. They asked for bread, and a serpent was given; they prayed for a blessing, and received a curse. Such, they exclaimed, was their comfortless condition, now made more hopeless than ever. Although copies of this instrument were not permitted to be taken, yet one copy taken by the Governor was put into the hands of Gen. Robertson, and was circulated through all the Cumberland settlements, so as to meet the eye of everybody. It was remarked that there were several articles in it providing against an actual existing state of hostility on the part of the Creeks, and yet they were in no case to be con- sidered as enemies; and because they were secret and unde- clared enemies, therefore, they were to be exempted from all punishment; and, furthermore, when so much caution was used not to embroil the Creeks and Cherokees, lest the United States should be bound in honor to take part with the latter, it was sarcastically asked: "Why, then, does not your honor bind you to support the Chickasaws?" The people throughout the Ter- ritory were greatly disgusted, and wished to be elevated above the domination of departments, to which, by their territorial character, they were subjected. The Creeks, though still riot- ing in the spoils they had taken from the slaughtered inhab- HAYWOOD'S HISTOEY OF TENNESSEE. 479 itants o£ the Territory, began to experience vicissitudes whicli were soon to detach from their aid all those who had been their former abettors, and to leave them to contend single-handed with the people whom they had so long and so grievously har- assed. The number of the territorial inhabitants had become formidable. The Chickasaws, whom they greatly dreaded, were at war with them. They had heard that the Spaniards were likely to desert them; they knew of the defection of the Cher- okees. The people of the south-western territory had become so much inured to war that they searched all places through which the Indians could pass, or in which they could lurk, and never failed on sight to inflict on them a dreadful chastisement. There was now danger in passing through the Cherokee coun- try, lest, in obedience to the Governor's orders, they might be arrested and brought before him. And to all this may be added that the northern Indians were beaten and ruined, and had signed preliminary articles of peace; in consequence whereof, Gen. Wayne, on the 22d of February, had proclaimed a cessa- tion of hostilities. The pillars of war were everywhere crum- bling into ruins, and the rage of discord was dying away. As well calculated, however, as these circumstances were to make the desired impressions, they did not immediately do so; but, on the contrary, the Creeks could not bear to give up that val- uable branch of trade — the taking of hair and horses — whereby they had so long enriched themselves, and which, like the Arabs and the Algerines, they began to have the authority of pre- scription for believing to be a lawful occupation. Their depre- dations, therefore, were continued; and intelligence was re- ceived in the month of March from the council of the whole Cherokee nation, convened at Allejoy, that a party of Creeks, sixteen in number, headed by a half-breed fellow by the name of Bill Mcintosh, returned in the month of February, 1795, through the lower Cherokee towns, from the frontier of the Territory, with thirty-seven stolen horses. One of the party was wounded by a ball in the thigh. But the fortitude of the Creeks was not long able to withstand the shocks which so many untoward events gave to it. They began to waver in their purposes and to be disunited as to the courses the most proper to be pursued for the good of their nation. On the 3d of April the chiefs of the upper and lower Creeks caused an address. 480 ha.ywood's histoey of Tennessee. whicli tliey called a talk, to be written to Gov. Blount in their meeting at Oakfusky, in which they made known to him and to all the citizens of the territory that they had set abont the business of collecting the horses, white persons, and negroes, and all other property in their land belonging to the citizens of the United States, whether from Cumberland, Kentucky, or any other part of the western territory, with which they should set off in a few days for Georgia at the place appointed by Mr. Sea- grove; and deliver to him all the said property, and white pris- oners to be forwarded by Mr. Seagrove, such part of it as be- longed to the western territory to that place; and that they should request him to write fully their intentions to all the sev- eral Governors or the Western Territories. They assured the Governor that he might put full confidence in what they said. "And we are," they said, "determined from this time to bury the hatchet, gun, and all other sharp weapons, and to take all the white people by the hand like brothers, and never to spill each other's blood any more;" and that Gov. Blount and all his people may in future, on the receipt of this communication, work on their farms without the least dread, and hunt their stock and pass from place to place without the least apj)rehen- sion of danger or molestation. They at this time delivered Brown, a sou of Mrs. Brown, formerly a prisoner in the Creek Nation. On the last of this month they affected to desire peace, because, said the Governor, they had their hands full of the Chicka'iaws. But he Avas willing to accede, let the cause be what it might. As a proof of their sincerity, he required that they should give up their prisoners; and in May was mortified with the information that they had invited the young warriors of the lower Cherokee towns to join in their war against the Chickasaws and people of Cumberland. But again in June they returned to a desire for peace. Their varying purposes indicated a want of perseverance which they had never before shown, and was received as a good presage that they would shortly settle down in peaceful resolutions. Before the middle of June they sent peace talks to the Governor, the first of the same sort that he had ever received from them, upon which he observed that the Chickasaws had taught them good manners. On the 15th of June great numbers of the Creek chiefs had conferences with Mr. Seagrove, and resolved on the observance Haywood's history of Tennessee. 481 of peace for the future, and to deliver up the white persons and slaves whom they had taken from the i)eople of the United States. But it was said that the Creeks would make an excep- tion of the people of (Jumberland, because of the partialities they had shown for the Chickasaws. On the l^th of August he agreed to a proposal of the Creek chiefs to meet them at Tellico to strengthen the relations of amity between the United States and the Creek nation, and they appointed the 10th of October for that purpose. At their request, he had directed Gen. Robertson to go in person with an escort to the Chickasaw nation, and to prevail upon them, if possible, to give up the Creeks who were prisoners in their pos- session; and to inform them that the Creeks would be at peace with them upon their desisting from further hostilities and de- livering up the prisoners, and that he understood himself to be authorized to say so by a letter to him from the Creeks. He assured the Creeks they might rest satisfied that the United States would not take possession of any lands that belonged to the red people. He explained and palliated the expedition under Mansco and Smith to the Chickasaw Nation. The Span- iards, he said, had told this story to render less offensive the occupation of the Chickasaw Bluffs by Gov, Gayoso. He took notice that peace was then perfectly established between the Creek nation and the United States, and he hoped that Col. White and Capt. Singleton would meet with no obstacles in ac- complishing the o]pjects of their mission. Gen. Colbert, he in- formed them, had gone to the President, and would be told positively that he must be at peace with the Creeks. The Gov- ernor was so perfectly satisfied that there was no delusion in the appearances before him that on the 24th of August, in a letter addressed to Gen. Robertson, he congratulated the citizens of Mero District upon the arrival of peace which they have con- quered, and declared that he had a well-grounded hope of its continuance. In this month Col. Titsworth went with a pass- port into the Creek Nation, and was informed where his daugh- ter and negro were. They were delivered without price, and had been taken by the Creeks who belonged to the hickory ground, and who had fired upon the whites and Chickasaws as they passed the Cumberland Mountain. The Creeks avIio had formerly had them lived at Tuskega^ the old Alabama fort. Mr. 31 •482 Haywood's history of Tennessee. Titsworth believed they had desisted from war at the interces- siou of the Spaniards, Mr. Seagrove, and the Choctaws. In September CoL White had been in the nation to procure the restoration of his niece, Sally Wilson. He was satisfied that the nation generally were more sincere in wishing for peace than they ever had been since the commencement of the Amer- ican war. On the 11th of October the Governor stated to Mr. Dorris, who applied for a guard to escort him through the wilderness, that peace with the Creeks and Cherokees then existed not only in name and upon paper, but in reality. On the 18th of October, at a very full meeting of the Cherokee and Creek chiefs, conferences were begun and continued for sev- eral days between Gov. Blount and them. A universal peace was agreed upon in the most solemn manner, and a dereliction of all claims to lands thereto ceded by any of the four southern tribes. They agreed, upon the last day of April, 1796, for run- ning the line. Scolacutta held a belt of beads to the Creeks to take hold of, which they did. He strongly recommended to the Creeks to persevere in peace. "All people," said he, "are mak- ing peace. The northern people are forced to it, from whom you used to receive the bloody tobacco and to smoke it." He presented them with beads to distribute in the towns as they went home, and tobacco; and desired them, when smoking, to think of the good talks held at that place. He also presented them a pipe to take home; when smoking with it he desired them to think of peace with the Chiekasaws. The Tuckabatchie king said that it was with his young warriors at home to make peace with the Chiekasaws. All that he could promise was that an answer should be given to the j)roposal for peace with the Chiekasaws. He had only taken them by the hand, not by the arm. He had been like a tree about to fall, and Gov. Blount seemed determined to raise him up; and that at an early day an answer should be given in respect of peace with the Chiekasaws. Kattagiska, a Cherokee chief, said that he was of the same blood with the Chiekasaws. He wished the Creeks to be reconciled to them. The conferences began on the 18th of October, 1795, and ended on the 20th. Many applications were made by the In- dians for their children to be educated at the expense of the HAYWOOD'S HISTORY OF TENNESSEE. 483 United States. Gov. Blount recommended to the government to educate them on the frontiers, to bring them up in friendly- habits with the youth of the country; by which means prejudices would be eradicated, and they might receive in time of peace lessons of charity and benevolence from the clergy intrusted with their education — a better way of diffusing the blessings of the gospel, he observed, than that of destroying them by war, which in times of hostility the clergy had sometimes copiously recommended. And with respect to the further protection of the frontiers, he recommended the establishment of forts, at proper intervals, upon the north banks of the Tennessee. In his letter to Gen. Lee, the Secretary of War, he said that peace al- ready existed, and for the preservation of it he advised posts of regular troops upon the frontiers, and proposed a plan for the civilization of the Indians. "The enumeration already made, he observed, "shows that the territorial government will shortly be at an end. Perhaps," said he, "it will not last longer than the last day of January," He recommended the then present Indian Agents as men of worth and merit. Gen. Robertson being one of them as Agent for the Chickasaws. Hearing in November that the six howitzers which had been brought to Nashville by Mr. Foster were sent down the river to the Chickasaws, notwithstanding his orders on the 10th of Oc- tober to detain them, he was greatly dissatisfied for fear of the umbrage it might give to the Creeks, and he immediately re- quested of Gen. Robertson to inform him whether he (Gen. Robertson) had given orders to that effect, observing at the same time that he had heard that Col. Henly had given them. The Secretary of War had stated that these howitzers were never intended for the Chickasaws, and were originally provided by Gen. Knox for the defense of Mero District. The Governor informed the Secretary of War that probably the howitzers had been sent down by the Agent of the War Department (Col. Henly), and believed that he was acquainted with the Govern- or's orders to Mr. Robertson to detain them at Nashville. With respect to the internal affairs of the Territory, Gen. Robertson, on the 13th of May, 1795, finding that the public safety no longer required the arduous military labors which he had so long sustained, and seeing withal that the Nickajack ex- j)edition, though it actually put an end to the war of the Cher- 484 HAYWOOD'S HISTORY OF TENNESSEE. okees, was snarled at by the Secretary, requested that tlie Gov- ernor might consider his office of Brigadier-general resigned from and after the 15th of August ensuing. The Governor by his proclamation called upon the members of the Assembly to meet together on the last Monday of June, 1795. The object in view was that they might deliberate on the question whether the Territory should be formed into a State, and to take measures to bring it about. In their address to him they approved of his object in convening them, and were con- vinced that the great body of their constituents were sensible of the many defects in their then present mode of government, and of the great and permanent advantages to be derived from a change and speedy representation in Congress. The General Assembly, they said, during its then present session, would en- deavor to devise such means as might have a tendency to effect the desirable object. The}'^ rejoiced that the calamities of In- dian warfare had then in a great measure ceased to exist, and so long as a remembrance of past sufferings should continue they declared that they should entertain a grateful sense of the Governor's unwearied struggles to promote a general peace with the Indian tribes, the good effects of which they now expe- rienced. They passed a law for enumerating the inhabitants, to see whether they amounted to sixty thousand or not, and made the new county of Blount. They appointed commission- ers to confer with those from South Carolina upon the practi- cability of a road from Buncombe County, in North Carolina, into the Territory, and upon the means to be adopted for pro- curing the same to be cut and opened. On the 28th of November the Governor certified that the enu- meration of the inhabitants, taken under the act of the 11th of July, 1795, amounted to seventy-seven thousand two hundred and sixty-two persons. He issued his proclamation for elections to be held on the 18th and 19th of December, for choosing five persons in each county to represent them in a convention, to meet at Knoxville on the 11th of January, 1796, for the pur- pose of forming a constitution or permanent system of govern- ment. On the 11th of Januaiy, 1796, the convention began its ses- sion at Knoxville; and these, on the 6th of February, 1796, in the name of the people of the Territory of the United States Haywood's history of Tennessee. 485 Soutli-west of tlie Kiver Ohio, having a right of admission into the general government as a member State thereof, consistently with the Constitution of the United States and the act of the cession of the State of North Carolina, recognizing the ordi- nance for the government of the Territory of the United States North-west of the River Ohio, did ordain and establish a Con- stitution or form of government, and did mutually agree with each other to form themselves into a free and independent State, by the name of the State of Tennessee. On the 9th of February Gov. Blount forwarded to Mr. Pick- ering, as Secretary of State, a copy of the Constitution formed for the permanent government of the State of Tennessee. The General Assembly was appointed to commence on the last Monday in March, 1796. The copy of the Constitution was sent by Mr. McMinu, and he was instructed to stay long enough at Philadelphia to ascertain whether the members of Congress from this State would be received; and he instructed Mr. White, the territorial Representative in Congress, to have an act passed as soon as possible for the admission of this State into the Union, which act accordingly passed on the 6th of June, 1796. Writs of election issued from the convention on the 6th of February, 1796, for the election of Senators and Representa- tives to represent their counties in the General Assembly, the session whereof was to commence on the last Monday of March; and also for the election of a Governor of the State of Ten- nessee. The members of the Assembly were elected pursuant to the mode which the Constitution prescribed, and the people elected John Sevier Governor. At the appointed time the Assembly met at Knoxville, and the State of Tennessee there assumed the rank and exercised the authorities of a free and independ- ent State. APPENDIX. EEPORT Of Messrs. Walker and Smith to the Legislature of Virginia, on the Boundary Line between ilie States of Virginia and North Carolina. To the Honorable the Speaker, and Gentlemen of the Hotise of Delegates. In obedience to an Act of Assembly entitled "An Act for Extending the Boundary Line between Yii-ginia and North Carolina," we, the subscribers, proceeded to run said line. The gentlemen from North Carolina did not meet so soon as had been agreed, and after they came many accidents hap- pened which protracted the business. The place where Messrs. Fry and Jefferson ended their line on Steep Rock Creek could not be found, owing, we suppose, to so much of the timber thereabouts being eince dead. We proceeded to observations in order to fix upon the spot on Steep Eock Creek where we should begin. On Monday, September 6, 1779, having agreed with the Carolina gentlemen in observa- tions, the following memoranda were entered on their journal, as well as ours, as proper preliminaries agreed upon, necessary in finding the line, viz.: That the sun's meridian altitude was this day fifty-nine degrees fifty-two minutes ; that the place of observation was one minute and twenty-five sec- onds north of the proper latitude, or one mile two hundred and one poles and a half; that at Steep Rock we were in superficial measure three hun- dred and twenty-nine miles west of Currituck Inlet; that a degree of longi- tude in this latitude was forty-eight and twenty-three one hundredths geo- graphical miles, or of statute miles fifty-five and one thousand eighty-three yards; that Currituck Inlet was in seventy-five degrees thirty minutes west longitude, this being the average of three difierent accounts, and of course, that the longitude we were then in was eighty-one degrees twelve minutes west of London; we measured ofi" the one mile, and two hundred and one and a half poles, on a due south course, and the beginning of the line was thus fixed to the satisfaction of all. We should not have troubled you with these particulars, but for some subsequent events which make us think it our duty. After running the line as far as Carter's Valley, forty-five miles west of Steep Rock Creek, the Carolina gentlemen conceived that the line was farther south than it ought to be, and on trial it was found that the va- riation of the needle had altered a little, which must have happened very lately, and was owing, we believe, to our being just then near some iron ore; because, on observing the sun's meridian altitude, the line was not too far south, as the Carolina gentlemen by their observation made out, otherwise they proposed that the surveyors on both sides should observe and try to fix the latitude. This was agreed to by one of us, influenced by a knowledge of the small change of the variation, and was not dissented to b)- the other, (487) 48S HAYWOOD'S HISTORY OF TENNESSEE. as most of the observations on the part of Virginia had been made by him, l)ut quite contrary to our expectations, they agreed that we were more than two miles too far south of the proper latitude, which distance was measured (jff directly south, and the line run eastward from that place superintended by two of the Carolina gentlemen and one of us, while from the same place it was continued eastwardly superintended by the others, for the sake of ex- peditij^g the business. The instruments proper for ascertaining the latitude were mostly taken back on the eastern part of the line, in order that those who superintended it might be farther satisfied; but after going back more than twenty miles, and observing every day on this line, his judgiBent was unalterably fixed that the line was wrong, although the Carolina gentlemen would not seem to be of this opinion; and he returned and overtook his colleague on the western part of the line, on Black "Water Creek, or there- abouts, to whom he imparted his sentiments, proposing that he also should observe for some days, which he did. The result was that we concluded our first line right, and we brought it up accordingly from Carter's Valley, where it had been left, and continued with it to the westward. It was once after this proposed by us, and agreed to by the Carplina gen- tlemen, that as we difiered so much in observation, we would each run his own line, encamp as near together as we could, and let future observers hereafter to be appointed determine which was right, which m^ght be done at a small expense. But this they afterward declined, although they carried the line as far as Cumberland Mountain ; protesting against our line. This protest we received in a letter after we crossed Cumberland Mountain. AVe continued, however, as far as Deer Fork, being one hundred twenty-three and three-fourth miles from Steep Eock Creek, marking a poplar and two hackberry trees with the initials of our names, and with November 22, 1779, and had serious thoughts of going no farther; but when we considered that perhaps three-fourths of the whole expense was already incurred, that a number of people were settling to the westward, who imagined they were in North Carolina, while we thought they were on lands reserved for our oflicers and soldiers; these and some others of the like considerations made US think it more conducive to the good of the State in general that we should keep on than that we should return. But as the season was far advanced, and the country before us, as far as it was known, was very mountainous and barren, not yielding a sufficient quantity of cane for our pack-horses, which had for some time been their principal support; these among other reasons made us judge it best to leave off running the line here, and go far- ther to the westward into a better country, where, by reason of many people being about to settle, it might be of importance to run the line speedily. The map will show our route to a place on the Cumberland River, where we built canoes to carry our baggage and rest the pack-horses, which Avere too much reduced to do service that way, and to add to the number of our diffi- culties and misfortunes we were frozen uj) more than forty days in a river never known to have been frozen before. We went by water from this place until we got into the proper latitude (as we judge one hundred and nine miles west of the Deer Fork), and began the line against two beech trees, marked Avith our names, and February 25, 1780, on the west bank of the APPENDIX. 489 Cumberland River, a creek coming in about a mile above us on the west side, and another somewhat smaller about half a mile below us on the east side. From this place we extended the line across the heads of Green River and Red River, through a country called the barrens, from there being little or no timber on it in many places; crossed the Cumberland again at one hun- dred and thirty-one miles, where there is a cliff on the north-east side, and a bottom about three-quarters of a mile broad on the other side; and at the end of one hundred and forty miles one quarter and eighty poles from the two beech trees, on the 23d day of INIarch, found ourselves on the bank of the Tennessee River, and of course had run the line as far as we were au- thorized to do. Notwithstanding the difficulties and hardships we had to contend with, one of us kept through the woods with the surveyors, while the other went down by water, by which means a tolerable map of the Cumberland River is taken; a fine river navigable at least seven hundred miles from the mouth. When we had returned homeward about one hun- dred and sixty miles, we met with orders from his Excellency, the Govern- or, to do another piece of service, which we suppose he has made you ac- quainted with. AVe have also since seen Col. Henderson, one of the North Carolina Commissioners, who, with another one of his colleagues, had been examining our line, and he has repeatedly given us much reason to believe that their State will establish the line as we run it. Thomas Walker, Daniel Smith. AIST OEDINAIS^CE For the Government of the Terriiory of the Uniled Slates North-west of the River Ohio. Be it ordained by the United States in Congress assemhled that the said Terri- tory, for the purpose of temporary government, be one district, subject, how- ever, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Be it ordained by the authority aforesaid that the estates, both of resident and non-resident proprietors, dying intestate, shall descend to and be dis- tributed among their children, and the descendants of a deceased child in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them ; and where there shall be no children or descendants, then in equal parts next of kin, in equal degree; and among collaterals, the children of a deceased brother or sifter of the intestate shall have in equal parts among them their deceased jiarent's share; and there shall in no case be a distinction between kindred of the whole and half blood, saving in all cases to the widow of the intestate her third part of the real estate for life, and one-third part of the personal es- tate; and this law, relative descents and dowers, shall remain in full force until altered by the Legislature of the district. And until the Governor and judges shall adopt laws as hereinafter mentioned, estates in tho said Terri- tory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by 490 Haywood's history of Tennessee. tliree witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person (being of full age) in whom the estate may be, and attested by two witnesses; provided, such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved and be recorded within one year, after proper magistiates, courts, and registers shall be appointed for that purpose, and personal property may be transferred by delivery; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vincents, and the neighboring villages, who have heretofore professed them- selves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Be it ordained by the authority aforesaid that there shall be appointed from time to time, by Congress, a Governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress. He shall reside in the district, and have a freehold estate therein in one thou- sand acres of land, while in the exercise of his office. There shall be appointed from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked. He shall reside in the district, and have a freehold estate therein in five hun- dred acres of land, while in tlie exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the pub- lic records of the district, and the proceedings of the Governor in his execu- tive department; and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. There shall also be appoint- ed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. The Governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time; which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress, but afterward the Legislature shall have authority to alter them as they shall think fit. The Governor, for the time being, shall be commander in chief of the mi- litia, appoint and commission all officers in the same below the rank of gen- eral officers; all general officers shall be appointed and commissioned by Congress. Previous to the organization of the General Assembly the Governor shall appoint such magistrates and other civil officers in each county or township as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and de- fl.ned by the said Assemblj' ; but all magistrates and other civil officers not herein otherw'ise directed shall, during the continuance of this temporary government, be appointed by the Governor. APPENDIX. 491 For the prevention of crimes and injuries, tlie laws to be adopted or made shall have force in all parts of the district, and for the execution of jirocess, criminal and civil, the Governor shall make proper divisions thereof. And he shall proceed from time to time, as circumstances may require, to lay out parts of the district, in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the Legislature. So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect Representatives from their counties or townships, to represent them in the General Assembly; provided, that for every five hundred free male inhabitants there shall be one Representative and so on progressively with the number of free male inhabitants shall the right of representation increase until the number of representatives shall amount to twenty-five, after which the number and iiroportion of represent- atives shall be regulated by the Legislature: provided, that no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the dis- trict, or unless he shall have resided in the district three years ; and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same: provided, also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold, and two years' residence in the district shall be necessary to qualify a man as an elector of a Representative. The Representatives thus elected shall serve for the term of two j^ears; and in case of the death of a Representative, or removal from office, the Govern- or shall issue a writ to the county or townshii?, for which he was a member, to elect another in his stead to serve for the residue of the term. The General Assembly, or Legislature, shall consist of the Governor, Leg- islative Council, and & House of Representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum. And the mem- bers of the council shall be nominated and appointed in the following man- ner, to wit: As soon as Representatives shall be elected the Governor shall appoint a time and place for them to meet together; and when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid: and whenever a vacanc}' shall happen in the council, by death or removal from office, the House of Representatives shall nominate two persons, qual- ified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service for the members of the council, the House shall nominate ten per- sons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the Governor, Legislative Council, and House of Representatives shall have authority to make law^s, in all cases. 492 Haywood's history of Tennessee. for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority of the House, and by a majority in the Council, shall be referred to the Governor for his assent; but no bill or legislative act what- ever shall be of any force without his assent. The Governor shall have pow- er to convene, prorogue, and dissolve the General Assembly, when, in his opinion, it shall be exjsedient. The Governor, judges. Legislative Council, Secretary, and such other offi- cers as Congress shall appoint in the district shall take an oath or affirma- tion of fidelity and of office: the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the district, the Council and House assembled (in one room) shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. And for extending the fundamental principles of civil and religious lib- erty, which form the basis whereon these rei^ublics, their laws, and constitu- tions are erected ; to fix and establish tho^^e principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said Territory ; to provide also for the establishment of States and per- manent government therein, and for the admission to a share in the Federal councils, on an equal footing with the original States, at as early periods as may be consistent with the general interest — It is hereby ordained and declared by the authority aforesaid that the following articles shall be considered as articles of compact between the original States and the people and States in the said Territory, and forever remain unalter- able, unless by common consent, to wit: Article L No person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of worship or religious sentiments in the said Territory. Article II. The inhabitants of the said Territory shall always be entitled to the bene- fits of the writ of habeas corpus and ot the trial by jury, of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of common law. All persons shall be bailable, unless for capital offenses where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property but by the judgment of his peers or the law of the land; and should the public exigen- cies make it necessary for the common preservation to take any person's prop- erty, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is un- derstood and declared that no law ought ever to be made or have force in the said Territory that shall in any manner whatever interfere with or aflfect private contracts or engagements, bona fide and without fraud previously formed. APPENDIX. 493 Article III. Eeligion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed toward the Indians. Their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. Article IV. The said Territory and the States which may be formed therein shall for- ever remain a part of this Confederacy of the United States of America, sub- ject to the Articles of Confederation and to such alterations therein as shall be constitutionally made, and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said Territory shall be subject to pay a part of the federal debts, con- tracted or to be contracted, and a proportional part of the expenses of the government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall he made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the Legislatures of the district or districts or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations that Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States, and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall he common high- ways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and ttiose of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor. Article V. There shall be formed in the said Territory not less than three nor more than five States ; and the boundaries of the States, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and es- tablished as follows, to wit: The western State in the said Territory shall be bounded by the Mississippi, the Ohio, and Wabash Rivers, a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, and the Ohio, Pennsylvania, and 494 Haywood's histoey of Tennessee. the said territorial line; providecl, however, and it is further understood'and declared that the boundaries of these States shall be subject so far to be al- tered that if Congress shall hereafter find it expedient they shall have au- thority to form one or two States in that part of the said Territory which lies nortii of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein such State sball be admitted by its dele- gates into the Congress of the United States, on an equal footing with the original States in all respects w^hatever ; and shall be at liberty to form a per- manent Constitution and State government, provided the Constitution and government so to be formed shall be republican and in conformity to the principles contained in these articles; and so far as it can be consistent with the general interest of the confederacy such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Article VI. There shall be neither slavery nor involuntary servitude in the said Ter- ritory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted; provided always that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the orig- inal States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. Done by the United States in Congress assembled, the thirteenth day of July, in the year of our Lord one thousand seven hundred and eighty-seven, and of their sovereignty and independence the twelfth. William Geayson, CJiairman. Chakles Thompson, Secretary. Al^ ACT For the Purpose of Ceding to the United States of America Certain Western Lands Therein Described. Whereas the United States in Congress assembled have repeatedly and earnestly recommended to the respective States in the Union, claiming or owning vacant western territory, to make cessions of part of the same, as a further means as well of hastening the extinguishment of the debts as of es- tablishing the harmony of the United States; and the inhabitants of the said western territory being also desirous that such cession should be made in order to obtain a more ample protection than they have heretofore re- ceived. Now this State being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens. Be it enacted by tlie General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the Senators of this State in the Congress of the United States, or one of the Senators and any two of the Representatives of this State in the Congress of the United States, are here- by authorized, empowered, and required to execute a deed or deeds on the APPENDIX. 495 part and behalf of this State, conveying to the United States of America all right, title, and claim which this State has to the sovereignty and territory of the lands situate within the chartered limits of this State, west of a line beginning on the extreme height of the Stone Mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain, to the place where the Watauga River breaks through it; thence a dn-ect course to the top of the Yellow Mountain, where Bright's road crosses the same; thence along the ridge of said mountain between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain ; from thence along the extreme height of said mountain to where the Nolichucky River runs through the same; thence to the top of the Bald Mountain ; thence along the extreme height of said mountain to the Painted Rock, on the French Broad River; thence along the highest ridge of the said mountain to the place where it is called the Great Iron or Smoky Mountain ; thence along the extreme height of the said mountain to the place where it is called Unacoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, upon the following express conditions, and subject thereto — that is to say: First. That neither the lands nor inhabitants westward of the said mount- ain shall be estimated after the cession made by virtue of this act shall be accepted in the ascertaining of the projiortion of this State with the United States in the common expense occasioned by the late war. Secondly. That the lands laid oft', or directed to be laid ofi^ by any Act or Acts of the General Assembly of this State, for the officers and soldiers thereof, their heirs and assigns respectively, shall be and inure to the use and benefit of the said officers, their heirs and assigns respectively; and if the bounds of the said lands already prescribed for the officers and soldiers of the continental line of this State shall not contain a sufficient quantity of lands fit for cultivation to make good the several provisions intended by law, that such officer or soldier, or his assignee, who shall fall short of his allotment or proportion after all the lands fit for cultivation within the said bounds are appropriated, be permitted to take his quota, or such part there- of as may be deficient, in any other part of said territory intended to be ceded by virtue of this Act, not already approj^riated. And where entries have been made agreeable to law, and titles under them not perfected by grant or otherwise, then, and in that case, the Governor, for the time being, shall and he is hereby required to perfect, from time to time, such titles, in such manner as if this Act had never been passed, and that all entries made by, or grants made to all and every person and persons whatsoever, agree- able to law, and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made, and that all and every right of occupancy and pre-emption, and every other right reserved by any Act or Acts, to persons settled on and occupy- ing lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force in the same manner as if the ces- sion had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood that if any 49G Haywood's nisTORY or Tennessee. person or persons shall have by vii-tue of the Act, entitled, "An Act for Open- ing the Land Ottice, for the Redemption of Specie and Other Certificates, and Discharging the Arrears Due the Army," passed in the year one thousand seven hundred and eighty-three, made his or their entry in the office usu- ally called John Armstrong's office, and located the same to any spot or piece of ground on which any other person or persons shall have previously located any entry or entries, that then and in that case, the person or per- sons having made such entry or entries, or their assignee or assignees shall have leave and be at full liberty to remove the location of such entry or en- tries to any lands on which no entry has been specially located, or any va- cant lands included witliin the limits of the lands hereby intended to be ceded; provided, that nothing herein contained shall extend or be construed to extend to the making good any entrj- or entries, or any grant or grants heretofore declared void by any Act or Acts of the General Assembly of this State. Thirdly. That all the lands intended to be ceded by virtue of this Act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faith- fully disposed of for that purpose, and for no other use or purpose whatever. Fourthly, That the territory so ceded shall be laid out and formed into a State or States, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the western territory of the United States; that is to say, whenever the Congress of the United States shall cause to be officially transmitted to the executive authority of this State an authenticated copy of the Act to be passed by the Congress of the United States, accepting the cession of territory made by virtue of this Act, under the express conditions hereby specified, the said Congress shall at the same time assume the government of the said ceded territory, which they shall execute in a manner similar to that which they support in the territory west of the Ohio, shall protect the inhabitants against enemies, and shall never bar or deprive them or any of them of privileges which the peo- ple west of the Ohio enjoy; provided, always, that no regulations made or to be made by Congress shall tend to emancipate slaves. Fifthly. That the inhabitants of the said ceded territory shall be liable to pay such sums of money as may, from taking their census, be their just pro- portion of the debt of the United States, and the arrears of the requisitions of Congress on this State. Sixthly. That all persons indebted to this State, residing in the territory in- tended to be ceded by virtue of this Act, shall be held and deemed liable to pay such debt or debts in the same manner and under the same penalty or penalties as if this Act had never been passed. Seventhly. That if the Congress of the United States do not accept the cession hereby intended to be made, in due form, and give official notice thereof to the executive of this State within eighteen months from the pass- ing of this Act, then this Act shall be of no force or effect whatever. APPENDIX. 497 EionTHLY. That the laws in force and use in the State of North Carolina at the time of passing this Act shall be and continue in full force within the territory liereby ceded, until the same shall be repealed or otherwise altered by the legislative autliority of the said territory. Ninthly. That the lands of non-resident proprietors within the said ceded territory shall not be taxed higher than the lands of residents. Tenthly. That this Act shall not prevent the people now residing south of the French Broad between the rivers Tennessee and Pigeon from entering their pre-emptions on that tract should an office be opened for that purpose under an Act of the present General Assembly. And be it further enacted by the authority aforesaid, that the sovereignty and jurisdiction of this State, in and over the territory aforesaid, and all and ev- ery of the inhabitants thereof, shall be and remain the same in all respects, until the Congress of the United States shall accept the cession to be made by virtue of this Act, as if the Act had never passed. EEPOET Of the Committee of the Legislature of North Carolina, cm Walker'' s Line at Their Session at Fuyetteville, Which Began on the Sd of November and Ended on the 22d of December, 1789. Mr. Person, from the committee to whom was referred the letter from his Excellency, the Governor of Virginia, on the subject of establishing the boundaries between this State and Virginia, reported that it is proposed on the part of Virginia that the line commonly called Walker's line be estab- lished as the boundary between us. Should this proposal not be acceptable to this State, they then will appoint commissioners to meet any persons who may be appointed on the part of North Carolina, emjjowered to confer on the propriety of establishing Walker's or Henderson's line, and to report to the Legislatures of their respective States their proceedings. On examining the manner in which those lines were run by the commis- sioners in the year 1780, they find that the commissioners began and extended the line together about forty miles, when some diSerence took place, and the commissioners on the part of this State run a parallel line two miles north of the other line, for about half the distance, and extended the line no far- ther. Mr. Walker and the other commissioners from Virginia extended the line to the Tennessee River, and marked its termination on the Mississippi by observations, leaving the line from the Tennessee to that place unsur- veyed. As the difference between said lines would only be two miles, ranning most of the distance through a mountainous, barren country, and as they have gi'eat reason to believe, from the infori>^ation of General Smith, that the commonly called Walker's line is the true line, your committee are of the opinion that the object is not worth theexpenseof sending commissioners to confer on the propriety of estaV)lishing Henderson's lino in preference to that of any other, and do recommend that a law be passed confirming and estab- lishing the line usually called Walker's line as the boundary between this 32 498 Haywood's history of Tennessee. Slate and the State of Virginia, with a reservation in favor of the oldest grants from either State in deciding the rights of individual claimants in the tract of country between the two lines commonly called Henderson's and Wallver's lines. All which is submitted. Thomas Person, Chairman. The House, taking the report into consideration, concurred therewith. EEPOET. State of North Carolina, \ In the House op Commons, December 11, 1790. J The committee to whom the letter from the Governor of Virginia on the boundary line between this and the State of Virginia was referred report that it is the opinon of your committee that the boundary line between the States of North Carolina and Virginia be confirmed agreeable to a report of a committee, concurred with by both Houses last session of Assembly, and that a law be passed confirming the line commonly called Walker's line as the boundary between the States of North Carolina and Virginia, reserving the right of the oldest patents, grants, or entries made in either of the States. All of which is submitted. Thomas Person, Chairman. In House of Commons, 11th December, 1790. Read and concurred with. S. Cabarrus, S. H. C. In Senate, 11th December, 1790. Eead and concurred with. William Lenoir, S. S. AISI ACT Of the Legislature of Virginia Relative to Walker's Line, Passed the 7th of Decem- ber, 1791. Whereas official information has been received by the General Assembly that the Legislature of the State of North Carolina have resolved to establish the line commonly called Walker's line as the boundary between North Car- olina and this Commonwealth, and it is judged expedient to confirm and es- tablish the said line on the part of this State ; Be it therefore enacted by the General Assembly that the line commonly called and known by the name of Walker's line shall be, and the same is hereby declared to be, the boundary line of this State. And be it further enacted that in all courts of laws and equity within thia Commonw^ealth, the claims for lands lying between the line commonly called Walker's line and the line commonly called Henderson's line shall be de- cided in favor of the eldest title, whether derived from this Commonwealth or from the State of North Carolina. APPENDIX. 499 OOE^YENTIOlSr Entered into by the Commissioners of the States of Tennessee and Kentucky, Con- cerning the Boundary Line between the Same, on the M Day of February, 1820. The States of Kentucky and Tennessee, desirous of terminating the contro- versy which has so long subsisted between said States in relation to their common boundary, and of restoring the most perfect good understanding and harmony between them, have for that purpose appointed their respect- ive commissioners— that is to say, the State of Kentucky on her part has appointed John J. Crittenden and Robert Trimble, and the State of Tennes- see on her part has appointed Felix Grundy and William L. Brown, who, after a reciprocal communication of their respective powers, have agreed upon the following articles and stipulations: Article I. The line of boundary and separation between the States of Kentucky and Tennessee shall be as follows, to wit: The line run by the Virginia commis- sioners in the years 1779 and 1780, commonly called Walker's line, as the same is reputed, understood, and acted upon by tjie said State, their respect- ive officers and citizens, from the south-eastern corner of Kentucky to the Tennessee River; thence with and up said river to the point where the line of Alexander and Munsell, run by them in the last year under the authority of an act of the Legislature of Kentucky, entitled an "Act to Run the Bound- ary Line between This State and the State of Tennessee West of the Tennes- see River," approved February 8, 1819, would cross said river; and thence with the said line of Alexander and Munsell to the termination thereof on the Mississippi River, below New Madrid. Article II. It is agreed and understood that from the point where Walker's line strikes the Tennessee River to the point where the line of Alexander and Munsell M^ould cross the same the said Tennessee River shall be the com- mon boundary of said States, and subject to their common use and concur- rent jurisdiction. Any island or islands in that part, of the river Tennessee which forms the common boundary between the two States shall be within the exclusive jurisdiction of Kentucky ; but any appropriations thereof by individuals heretofore made under the laws of Korth Carolina or Tennessee shall be valid. Article III. Whenever the Governor of either State shall deem it expedient to have the boundary line between the two States which is east of the Tennessee River, or any part thereof, run and plainly marked, he shall cause a notitication thereof to be communicated to the Governor of the other State; and there- upon, with all convenient dispatch, two surveyors shall be apijointed for that purpose — one by the Governor of each State; and the surveyors so ap- pointed shall have power to employ a competent number of chain-carriers and assistants; and they shall ascertain, survey, and mark said line plainly and durably, having due respect to the provisions of the first article hereof; 500 Haywood's histoky of Tennessee. and it shall be the duty of said surveyors to make out and sign duplicate plats and reports of their surveys and proceedings, to be communicated br each surveyor to the Governor of his respective State, to be deposited and preserved in the office of the Secretary of State, for a testimony and memorial of tlie boundary between said States. And all cost and expense that may be incurred under the provisions of this article, and in surveying and marking said boundary line, shall be paid by said States jointly and equally. Article IV. The claims to lands lying west of the Tennessee River, and north of Alex- ander's and Munsell's line, derived from North Carolina and Tennessee, shall be considered null and void ; and claims to lands lying south of said line and west of the Tennessee River, derived from Virginia or Kentucky, shall in like manner be considered null and void. Article V. All lands now vacant and unappropriated by any person or persons claim- ing to hold under the States of North Carolina or Tennessee, east of the Ten- nessee River and north of the parallel of latitude 36° 30^ north, shall be the property of and subject to the disposition of the State of Kentucky, which State may make all laws necessary and proper for disposing of and granting said lands or any part thereof, and may by herself or officers do any acts nec- essary and proper for carrying the foregoing provisions of this article into effect ; and any grant or grants she maj' make thereof, or of any part there- of, shall be received in evidence in all the courts of law and equity in the State of Tennessee, and be available to the party deriving title under the same ; and the land referred to in this article shall not be subject to taxation by the State of Tennessee for five years, except so far as the same may in the meantime be appropriated by individuals. Article VI. Claims to land east of the Tennessee River, between Walker's line and the latitude of 36° 30' north, derived from the State of Virginia in consideration of military services, shall not be prejudiced in any respect by the establish- ment of Walker's line; but such claims shall be considered as rightfully en- tered or granted, and the claimants may enter upon said lands or assert their rights in the courts of justice without prejudice by lapse of time or from any statute of limitations for any period prior to the settlement of the boundary between the two States, saving, however, to the holders and occupants of conflicting claims, if any there be, the right of showing such entries or grants to be invalid and of no effect, or that they have jjaramount or superior titles to the land covered by Virginia claims. Article VII. All private rights and interests of lands between Walker's line, from the Cumberland River near the mouth of Oby's River to the south-eastern cor- ner of Kentucky, at the point where the boundary line between Virginia and Kentucky intersects Walker's line on the Cumberland Mountain; and the APPENDIX. 501 parallel of 36° 30'' north latitude, heretofore derived fiom Virginia, North Carolina, Kentucky, or Tennessee, shall be considered as rightfully emanating from either of those States; and the States of Kentucky and Tennessee re- serve to themselves respectively the power of carrying into grant claims not yet perfected; and in case of conflicting claims, if any such there be, the va- lidity of each claim shall be tested by the laws of the State from which it emanated, and the contest shall be decided as if each State respectively had possessed tlie jurisdiction and soil, and full power and right to authorize the location, survey, or grant, according to her own rules and regulations. Article VIII. It is agreed that the foregoing articles shall receive the most liberal con- struction for effecting the objects contemplated; and should any disagreement arise as to the interpretation or in the execution thereof, two citizens of the United States, but residents neither of Kentucky or Tennessee, shall be se- lected—one by the executive of each State — with power to choose an umpire in case of disagreement, whose decision shall be final in all points to them submitted. Article IX. Should any further legislative acts be deemed requisite to effectuate the foregoing articles and stipulations, the faith of the two States is hereby pledged that they will unite in making such provisions and respectively pass such laws as may be necessary to carry the same into full and complete ef- fect. Article X. The foregoing articles and stipulations, if ratified by the Legislature of Kentucky during their present session, shall forever be binding and obliga- tory on both States, and take effect from this day. In faith whereof we, the respective commissioners, have signed these arti- cles and have hereunto affixed our seals. Done in duplicate at Frankfort, the 2d day of February, 1820. John J. Crittenden, Robert Trimble, Felix Grundy, William L. Brown. - AETIOLES OF A TEE AT Y OF PEACE Made and Concluded at Fort Henry, on Jlolston Elver, near the Long Jdand, July 20, 1777, hetiveen the Commissioners from the State of North Carolina in Behalf of the Said State of the One Part, and the Subscribing Chiefs of That Part of Uiii Cher- okee Nation Called the Overhill Indians of the Other Part. Article I. That hostilities shall forever cease between the said Cherokees and the peo- ple of North Carolina from this time forward, and that peace, friendship, and mutual confidence shall ensue. Article II. That all white or negro prisoners among the said Cherokees (if any there be), belonging to said State, shall be given up immediately to the person who 502: HAYWOOD'S HISTORY OF TENNESSEE. shall be appointed to reside among the said Cherokees as agent for the said State, to whom also the said Cherokees are to deliver all the horses, cattle, and other property belonging to tiie people of the said State, which they have taken away since the beginning of the late war, that can possibly be discov- ered and procured. Article III. That no white man shall be suffered to reside in or pass through the said Overhill towns without a sufficient certificate signed by three justices of the peace of some county of North Carolina, or Washington County in Virginia, or to higher autliority of any of the United States, to be produced to be and ap- proved of by the said agent. Any person failing to comply herewith shall be apprehended by the Cherokees, and delivered to the said agent, whom they are to assist in conducting such person to the nearest justice of the peace, to be punished for the violation of this article ; and the said Cherokees may ap- ply to their own uge all the eflFects such person shall then and there be pos- sessed of at the time he is taken, in said towns or country, thei'eunto belong- ing. And should any runaway negroes get into the Overhill towns, the Cher- okees are to secure such slaves until the agent can give notice to the owners, who, on receiving tliem, shall pay such reward as the agent may judge rea- sonable. Article IV. That all white men residing in or passing through the Overhill countiy, authorized or certified as aforesaid, are to be protected in their persons and property, and to be at liberty to remove in safety. And the said State of North Carolina shall have liberty to send one or more traders with goods into any part of the said Overhill country or towns for the purpose of fur- nishing the said Cherokees with necessaries. If any white man shall murder an Indian, he is to be delivered up to a justice of the peace, in the nearest county, to be tried and put to death according to the laws of the State. And if any Indian shall murder a white man, the said Indian shall be put to death by the Cherokees in the presence of the agent at Chota, or two justices of the peace of the nearest county. Article V. That the boundary line between the State of North Carolina and the said Overhill Clierokees shall forever hereafter be and remain as follows, to wit: Beginning at a point in the dividing line, which during this treaty hath been agreed upon, between the said Overhill Cherokees and the State of Virginia, where the line between that State and North Carolina (hereafter to be ex- tended) shall cross or intersect the same; running thence a right line to the . north bank of Holston River, at the mouth of Cloud's Creek, being the sec- ond creek below the Warrior's ford at the mouth of Carter's Valley; thence a right line to the highest point of a mountain called the High Rock or Chimney Top; from thence a right line to the mouth of Camp Creek (other- wise called McNamas Creek), on the south bank of Nolichucky River, about ten miles or thereabouts below the mouth of Great Limestone, be the same more or less; and from the mouth of Camp Creek aforesaid, a south-east APPENDIX. 603 settlements from those of the Overhill Cherokees. And the said Overhill Cherokees, in behalf of themselves, their heirs, and successors, do hereby freely, in open treaty, acknowledge and confess that all the lands to the east, north-east, and south-east of the said line, and lying south of the said line of Virginia, at any time heretofore claimed by the said Overhill Cherokees, do of right now belong to the State of North Carolina; and the said subscribing chiefs, in behalf of the said Overhill Cherokees, their heirs and successors, do hereby, in open treaty, now and forever, relinquish and give up to the said State; and forever quitclaim to all right, title, claim, and demand of, in and to the land comprehended in the State of North Carolina by the line aforesaid. Article VI. And to prevent as far as possible any cause or pretense on either side to break and infringe on the peace so happily established between North Caro- lina and the said Cherokees, it is agreed by the commissioners and Indian chiefs aforesaid that no white man, on any pretense whatsoever, shall build, plant, improve, settle, hunt, or drive stock below the said boundary line, on pain of being driven off by the Indians, and further punished according to law; nor shall any man who may go over the line in search of any stray creatures be permitted on any pretense to carry a gun, on pain of forfeiting the same to the informer. In testimony of all and singular the above articles and agreements, the par- ties aforesaid have hereunto set their hands and seals in open treaty the day and year above written. Read, interpreted, and ratified on the Great Island opposite to the fort. Memorandum before signing: That "The Tassel" yesterday objected against giving up the Great Island, opposite to Fort Henry, to any person or country ■whatsoever, except Col. Nathaniel Gist, for whom and themselves it was re- served by the Cherokees. "The Eaven" did the same this day in behalf of the Indians, and desired that Col. Gist might sit down upon it when he pleased, as it belonged to him and them to hold good talks on. Waightstill Avery, [seal.] William Sharpe, [seal.] Robert Lanier, [seal.] Joseph Winston, [seal.] OcoNOSTOTA, of Chota, his X mark, [seal.] Rayetaeh or The Old Tassel, of Toquoe, his X mark, [seal.] Savanukeh or The Raven, of Chota, his X mark, [seal.] WiLLANAWAW, of Toquoe, his X mark, [seal.] Ootosseteh, of Hiwassee, his X mark, [seal.] Attusah or The Northward Warrior, of the mouth of Tellico River, his X mark, [seal.] OosKUAH or Abram, of Chilhowee, his X mark, [seal.] Rollowch or The Raven, from the mouth of Tellies River, his X mark, [seal.] Toostooh, from the mouth of Tellies River, his X mark, [seal.] Amoyah or The Pigeon, of Natchey Creek, his X mark, [seal.] 5C4 Haywood's histoey of Tennessee. OosTOSSETiH or The Maxkiller, of Hiwassee, his X mark, [seal.] TiLLEHAWEH Or The Chestnut, of TelUes, hid X mark, [seal.] QuEE lee kah, of Hiwassee, his X mark, [seal.] Anna ke hu jah or The Girl, of Taskega, his X mark, [seal.] Annecekah, of Tuskega, his X mark, [seal.] Ske-ahtu kah, of Citico, his X mark, [seal.] Atta kulla kulla or The Little Carpexter, of Xatchey Creek, hi>i X mark, [seal.] OoKoo nekah or The AVhite Owl, of Natchey Creek, his X mark, [seal.] Ka ta quilla or Pot Clay, of Chilhowee, his X mark, [seal.] Tus KA sah or The Takrapin, of Chiles tooch, his X mark, [seal.] SuNNE wauh, of Eig Island town, his X mark, [seal.] WiTXESs: Jacob Womack, James Robins, John Reed, Isaac Bledsoe, Brice Martin, John Reed, John Kearns. Joseph Vann, Interpreter, As an uncommon interest is taken at this day in all tliat is in- timately connected with the times in which in a weak and infan- tile state the people struggled for independence and freedom from oppression, and as the incidental occurrences of these times will give a lively view of the doings and sayings of the men who then acted on the side of the country, a succinct narrative of all that passed at this treaty can neither be unacceptable nor unin- structive, and therefore it is briefly inserted. This treaty was appointed by Gov, Henry to be held at Fort Patrick Henry, near the Long Island on the Holston, some time in April, 1777. The parties then met' and appointed another time — the 26th of June, 1777. The Governor of Virginia gave notice of the appointed treaty to Gov. Caswell, of North Caro- lina. The object of Virginia was to obtain an alteration of the boundary line run by Donalson, and to have the road to and through the Cumberland Gap included in a cession then to be obtained; for that was the passage through which the people of Virginia traveled to Kentucky. Provisions were ordered to be supplied to the Indians who might be attending on the treaty; and goods, ammunition, salt, and whisky were ordered to be dis- tributed among them. They were directed to procure two per- sons to reside among the Indians, or otherwise to engage twe traders resident in the nation to give the earliest intelligence in their power, from time to time, of occurrences which it was im- portant to be informed of; and they were directed to employ a APPENDIX. 505 gunsmith to reside among tlie Indians, for tlie purpose o£ dress- ing their guns; and they were further instructed, ehould the treaty succeed according to expectation, to disband the troops who were stationed in Washington County, Ya, Tiiese instruc- tions were directed to Col. William Christian, Col. William Pres- ton, and Col. Evan Shelby, or any two of them. Col. Gist had been ordered by the government of Virginia to go into the Cher- okee Nation, and to bring to the treaty to be held at Fort Patrick a number of Indians. On the 30th of June Oconostota and others who accompanied him came to the fort on the Holston with Col. Christian. A few minutes afterward came the commissioners from North Car- olina — Waightstill Avery, William Sharpe, Eobert Lanier, and Joseph Winston, Esqs. Gov. Caswell appointed commissioners and instructed them on the 12th of June. On the 2d of July an Indian warrior called "The Big Bul- let" was privately killed by some rash person, which nearly put an end to the intended treaty. The Indians were greatly alarmed, and did not seem to have entirely recovered from their fears till after the lapse of some days and the most solemn as- surances from the commissioners that the actor would be pun- ished by death, could it be discovered who he was; and they of- fered by proclamation a reward of six hundred dollars for his apprehension. The 4th of July came on, and was celebrated with considera- ble parade in the presence of the Indians; and they were in- formed in a written address of the cause of the festivity, and of the nature of the dispute between Great Britain and the United States. The chiefs continued to come in slowly till the 10th, on which day arrived "The Tassel," from Chota. On the same day "The Eaven" arrived, and Willenewaw. In the evening old Tassel made a speech, in which he professed a desire for peace. Atta kuUa kulla was present, as well as Oconnestota. Some speeches were made by the Indians, and they still dwelt on the death of "The Big Bullet," saying, however, that they imputed no blame to any but the individual offender who committed the act. On the 13th Col. Christian opened the conferences. As usual on such occasions, he was greatly desirous of peace, attributed the late war to the bad advice which they had received from evil-disposed white persons who lived in the Nation, and lament- 506 Haywood's history of Tennessee. ed the sufferings wliicli tliey had experienced in consequence of it. He invited them to open their hearts, and to lay before the commissioners, unreservedly, all the complaints they had. He spoke of a boundary to be made between them and the white people, and of the authority which he had received from the Governor of Virginia to make it. He regretted the absence of Judge Friend, " The Dragging Canoe," " The Lying Fish," and young Tassel. Mr. Avery followed in a speech of some length, which dwelt on similar topics. On the 15th variovis papers were introduced and read, and among others a treaty which the people of Georgia and South Carolina had made with the Cherokees on the 20th of May, 1777, in which was contained the cession of an extensive territory. Oconnestota on this day informed the commissioners that "The Old Tassel" and "The Old Raven" were speakers for him and the whole nation; that to 'them he had resigned his power on account of his age, but if they ever should speak contrary to his sentiments he would put them right. " The Raven " then rose and delivered them a speech. He rejoiced in the prospects of peace, and was grateful for the attention and -good treatment which Oconnestota and his attendants had received from the Governor and people of Virginia on his going and returning from Williamsburg. "My elder brother, of Carolina," said he, "will open the doors of peace, as well as Virginia, that we may see each other clearly, and that they may stand open everlast- ingly." He then adverted to the invitation he had received to make a free disclosure of his complaints, and then proceeded: " I believe that long before my remembrance this land was first found out; the time you know, as you have writings. But I do not know when the first settlements were made on these waters. I believe they were before my remembrance, by the time these medals were given to us [showing a medal]. Ever since these have been among us we have been more and more distressed; my grievances have been for several years." He spoke of the bad advice which Cameron or Stewart had given him, of his having followed it, and of the difficulties into which he had been led by it. He wished for a boundary to be fixed which could not be passed. He mentioned his own poverty and the commiseration which now the white people seemed to bestow on him. APPENDIX. 507 "The Old Tassel" rose, and wished for a peace of eternal du- ration, and again adverted to the death of "The Big Bullet." They were grieved at the proposal of Col. Williamson, of North Carolina, to have a considerable part of the lands which his people claimed, and he invoked the pity of the great men of Virginia and North Carolina, and begged that they would do him justice. Tlie provisions of the Indians, he said, were nearly destroyed and themselves stinted for room, because of the encroachments made upon their lands. Col. Christian replied, and brought unequivocally into view the necessity for fixing a boundary between them and Virginia, so as to prevent all future dissensions for want of known limits. He washed them to state who were the people who had settled on their land, and by whom and where they had been injured, to the end that it might be in the power of the commissioners to give them an answer the next day, when the commissioners intended to propose a boundary. On the evening of the 15th "The Eaven" spoke again. He hoped for justice from the commissioners. "We have been trespassed upon," said he, "by bodies of people upon our hunt- ing-grounds." He wished the Long Island of the Holston to be reserved for holding their treaties and conferences with the white people upon; and after the boundary established, he de- sired that the white people settled upon the Indian territory might not be removed till their crops were gathered in, and he proposed a boundary. He specified the settlements which the white people had made upon the lands of the Indians; and when asked by Mr. Avery if the Indians in some instances had not consented to those settlements, he admitted the fact, but as- cribed it to the fears they Avere under, and to an expectation of redress from the government. Oconostota denied an absolute sale of the lands to the people on Watauga and Nolichucky. He had told them before the war that he would send to the king, and if he agreed to it they might stay where they were, but that his consent must be had. "They gave us guns," said he, "but as they made a great deal of grain, raised stock, and destroyed our hunting-ground," he had told them that he could not take pay for the lands, but the rent only. On the 16th Col. Christian spoke; ascribed the settlements to the orders formerly given by George the Second. He proposed 508 Haywood's histoey of Tennessee. a boundary from a point in the river to a point two or three miles below Cumberland Gap, for the convenience, ease, and safety to the travelers to Kentucky. He exhorted them not to agree to any thing they did not approve of, and assured them that they had not been invited to that distance from their own settlements in order that advantages might be taken of their situation; and that, although they should differ in opinion, they should receive the most perfect protection, and be conducted in safety to their homes. He pressed them to utter their senti- ments without fear or reserve. "The Old Kaven" showed his great reluctance at the proposed boundary, and wished for time to consult with his people. Mr. Avery spoke of the boundary established by "The Big Wolf" (Gov. Tryon), and of the set- tlements on Watauga without the consent of the Governor of North Carolina, and of their great displeasure on hearing that the Indians had bargained away their lands to these settlers without consulting these Governors, who were neither pleased with the Indians nor with the settlers, and by this means place them between the inhabitants of Carolina and themselves. In this time of peace, he said, they were not driven away nor moved ofp, nor were they taken under protection by the Governor of North Carolina. They were let alone; no officers were appoint- ed for them by the government, and no judge appointed to pre- side on seats of justice there. The Indians made no request to the Governor and coaucil to have them removed; and when the Cherokees began the late war, they broke over the line between them and the white people agreed upon and fixed by "The Big Wolf" (Gov. Tryon), and they had killed our people on the head waters of the Catawba and Broad Rivers. "An army was raised and sent out upon the path which you had made dark and bloody," said he; "and at the same time, by the desire of these settlers on the waters of the Watauga and Nolichucky, they were taken under the protection of North Carolina, and were supplied with money, ammunition, salt, etc. They were re- ceived and taken in as a part of our people. We promised to support them in that place, and by the assistance and power of North Carolina they have lived there in time of war. Before the war, this power was restrained and kept back beyond the line fixed by 'The Big Wolf,' but now you have been the cause of bringing it to the Watauga and Nolichucky, and now our courts APrENDix. 509 must be established here. The power of North Carolina is able to remove this people as you request, but you made war, and then we took them for our people. You have made it very diffi- cult for us to remove them, and it would be more agreeable to our Governor and great council that they should stay. Should a line be now established, we desire for the future that you will not consent to any settlements of the white men on your side of the line without the consent of our Governor and great council, or commissioners by them appointed; and we desire from you a promise that you will not hereafter sell, rent, or make any agree- ment whatever with private persons respecting lands on your side of the line in our range, or privilege of hunting there, for fear of the disturbances which may thence arise." He promised that the commissioners would recommend to the Governor and great council of North Carolina to make laws for the punish- ment of those who should encroach on the Indian lands. He wished a boundary for the perpetuation of friendship. He in- vited them to act freely in accepting or rejecting the proposed boundary line, and disavowed any intention to use compulsion. He proposed a boiuidary below the white inhabitants, begin- ning at the ford on the Holston where the path crossed at the lower end of the valley; thence toward a point about three miles below Cumberland Gap, until it intersects the line hereafter to be extended between the States of Virginia and North Carolina; and from the said ford, a direct line toward Nolichucky Eiver, five miles west of tlie mouth of McNamas's Creek; thence south, crossing Nolichucky to the southern bank thereof; and thence south-east into the mountains which divide the hunting-grounds of the Overhill towns from those of the middle settlements. "The Old Tassel" expressed very great reluctance to the pro- posed boundary, and wished the commissioners to write a letter to Gen. Washington by Col. Gist. In a speech which he made the next day, the 17th of July, he approved of every thing the commissioners had said, except the boundary which they proposed. He suspected from their ask- ing for so much land that the commissioners meant to entrap them and draw them to a refusal so as to get an excuse for further hostilities. He doubted their authority to apply for a cession of so much land. He had not expected proposals for land, but only for peace. He was willing to leave the subject 510 Haywood's history of Tennessee. of tlie cession to the Governor of Virginia. He alluded to much imposition which he had suffered on the subject of lands. "And," said he, "if this and another house were packed full of goods, they would not make satisfaction. In this speech he often re- peated his dissatisfaction at the proposed boundary. It would spoil the hunting-grounds of his people. "I hope you will con- sider this and pity me; you require a thing I cannot do." He turned to the commissioners of Virginia, and expressed satis- faction at the appointment they had made of an agent to reside in his country, and promised him safety and kindness. Col. Christian wished that some of the Cherokee young men might accompany Col. Gist to Congress and the army of Gen. Wash- ington. In passing through the country they would see its riches, grandeur, and population ; the great council of America, and the greatest army which ever had been collected in Amer- ica. "The Old Tassel" hoped that Gen. Washington would get him some redress for the great injury done him in taking away one of his principal towns, which he intimated had been done by the people of South Carolina. The commissioners of North Carolina would not agree as pro- posed by those of Virginia to give any sums of money for lands, nor to any other boundary than that which had been already proposed, for that alone would include the inhabitants on both sides of the Holston Kiver. North Carolina, they said, had been at the expense of protecting these settlements during the war, and that was consideration enough for the cession they sug- gested. Col. Christian, in a speech to the Cherokees, offered them for the small cession that Virginia wanted two hundred head of breeding cows and one hundred sheep. He promised to send an agent into their country, to reside at Chota, to write them letters, aixl deliver to them the communications from Vir- ginia, and a gunsmith to repair their arms. With a little vari- ation the line proposed by Virginia was agreed to by "The Raven," after consulting with the other Indians. He wished it to be as a wall to the skies, so that it should be out of the pow- er of all people to pass it. He agreed to this boundary, in con- iidence that no man would be permitted to pass it, and to the appointment of an agent to reside in the Cherokee Nation, and to give intelligence of all that passed there. But upon the rep- resentation of Col. Christian that the line as proposed by the APPENDIX. 511 Indians would leave out twenty of the white settlers, and that the line as the commissioners proposed it would include them, " The Eaven " agreed to the line as proposed by Virginia. Mr. Avery spoke of the little disposition which the Indians seem to have had for some years past to cultivate and improve the friendship existing between them and North Carolina, and in- stanced the small attendance upon the treaty they were invited to come to in April, 1776, when there was a person appointed to hold conferences with them and to make presents to them. He proposed an agent to reside at Chota. He declared the sincer- ity with which the commissioners of North Carolina were seek- ing for peace. But he said that the peace could not be lasting if they would not settle a boundary line with the people of North Carolina, for want of knowing how far to go. The Gov- ernor of Virginia had nothing to do with the affairs of North Carolina, and no reference could be made to him; and it was mysterious, he said, that they had not expected an application for the establishment of a boundary, which was so necessary a part of the treaty. The voluntary withdrawal of the armies of the white people from the country of the Cherokees, when they might have remained there and have built forts, is full proof that the white people did not wish for an excuse to drive them away. The people of North Carolina wished to establish courts of justice on the Watauga, to keep bad men in order, and to punish with death such of them as could not be reclaimed and governed. The people on the Watauga and Nolichucky could not be removed, since they had been under protection in time of the war, which the Cherokees themselves by going to war had made necessary; and that it was now unreasonable for the Cherokees, under such circumstances, to demand their removal. " You claim," said he, " compassion for your distresses, and dur- ing the war you distressed the inhabitants of Watauga and Noli- chucky; you destroyed their substance, and endeavored to kill them; North Carolina, seeing their distress, pitied them and gave them help and support. The damages they received were very great, and they are still in distress and entitled to the pity and protection of North Carolina, which you must think it is right to afford them." He pressed upon them to be friendly in order to have friends. He mentioned the non-restoration of the horses they had taken from the white people, which they 512 HAYWOOD'S HISTORY OF TENNESSEE. liad promised to return, but had failed to do so. He tlieu pro- posed another boundary, which they agreed to, and is the same which is inserted in the treaty. "The Tassel," after consulta- tion with his people, agreed to the boundary, complaining at the same time that nothing was paid to them for it, and of the hardship of demanding their lands; "but," said he, "I give them up." He wished, however, that the concession should not be considered final till Gen. Washington's opinion could be ob- tained. This Mr. Sharp, in a speech made to them, objected to, as being a matter between North Carolina and the Cherokees, which none but themselves could settle. And he called upon them to remember that he promised them no reward but friend- ship. "The Raven" hoped that the Governor of North Caroli- na would take pity on them and make compensation for the land, for it had always been customary, when lines were run, to get something for the lands they included. He hoped for pity, but the line should be made as he gave up the land. The com- missioners of North Carolina appointed Capt. James Robertson temporary agent for North Carolina, and in their written in- structions directed to him to repair to Chota in company with the warriors returning from the treaty, there to reside till oth- erwise ordered by the Governor. He was to discover, if possi- ble, the disposition of " The Dragging Canoe " toward this treaty, as also of Judge Friend, "The Lying Fish," and others, who did not attend it, and whether there was any danger of a re- newal of hostilities by one or more of these chiefs. He was also to find out the conversations between the Cherokees and the southern, western, and northern tribes of Indians. He was to search all the Indian towns for persons disaffected to the American cause, and have them brought before some justice of the peace, to take the oath of fidelity to the United States, and in case of refusal to deal with them as the law directed. Trav- elers into the Indian Nation without passes such as the third article of the treaty required were to be secured. He was immediately to get into possession all the horses, cattle, and other property belonging to the people of North Carolina, and to cause them to be restored to their respective owners. He was to inform the government of all occurrences worthy of notice, to conduct himself with prudence, and to obtain the favor and confidence of the chiefs; and in all matters with re- APPENDIX. ■ 513 spect to wliicli he was not particularly instructed, he was to ex- ercise his own discretion, always keeping in view the honor and interest of the United States in general, and of North Carolina in particular. These instructions were dated on the same day the treaty was signed, the 20th of July, 1777. The commission- ers addressed a letter to the chiefs and warriors of the middle, lower, and valley towns, on the 21st of July, informing them of the treaty of peace, which they had just signed, and of the in- tention of the commissioners to recommend to the Governor the holding of a treaty with them, of which he should give due notice to them of the time and place. They promised protec- tion and safety to the chiefs and warriors who should attend it, and a suspension of hostilities in the meantime; and they re- quested that the messengers who should be sent from North Carolina to their towns might be protected from insult, be per- mitted to perform their business, and to return in safety. The commissioners of Virginia earnestly advised them to be at peace, reminding them of the suJfferings which war had brought upon them, and of the blessings which peace bestows; and they were urged to meet the people of North Carolina in treaty, and to settle all differences with them. The commissioners of North Carolina, finding it impossible to procure hostages, encouraged five of the Indians to go to Rowan County to visit some of their friends there, who had been made prisoners in the late war, and to remain there until the treaty with the middle settlements. They were placed under the care of Maj. Wommack, and a writ- ten protection, with instructions for their safe conduct, was put into their hands. It stated the articles of peace which had been signed, and the names of these five Indians. The major was directed to conduct them in safety to the Quaker Meadows, and there deliver them to Col. Charles McDowel, who would have them safely conveyed to the house of William Sharpe, in Rowan County. They were recommended to the protection of all officers, civil and military, in the State of North Carolina, and the kind treatment of all the good people thereof. The motives for this recommendation were stated to be that whilst these Indians remained with the white people they would be a security for the good behavior of their people, and that good treatment to them would be the means of inducing others to come, who, when the like measures shall be necessary, may answer the same val- 33 514 Haywood's history of Tennessee. liable purpose. The commissioners wrote to the persons who had the three prisoners in their custody to send them to the house of William Sharpe, that they might all be collected at one place, and remain there till further orders from the Gov- ernor. Separate articles were made and signed by the commissioners of Yirginia and the same Indians, on the same 20th of July, 1777. Being about to introduce into the Appendix a document re- lating to the purchase of lands made by Henderson & Co., of the Overhill Cherokees, it is proper to preface it with the transactions of the company from the date of their purchase, on the 17th of March, 1775. Soon after the purchase Hender- son & Co., in order to people the country they had acquired, and to which they gave the name of Transylvania, issued a proc- lamation offering favorable terms to settlers. By it every per- son who should settle in Bowel's Valley, within the purchased territory, and raise a crop, in the year 1775, was to be entitled to five hundred acres in his own right, and each taxable person in his family to two hundred and fifty acres; and the company engaged to make the settlers good and sufiicient titles for the quantities to which they might be respectively entitled. Joseph Martin was appointed entry-taker, to receive and make entries of the lands belonging to the company. Each person on mak- ing the entry was to pay the entry-taker $1 as his fee, and to pay the proprietors, on receiving a grant, at the rate of 20s. sterling per hundred acres. On the 31st of March, 1775, Richard Henderson, for himself and company, gave Martin a power of attorney, authorizing and empowering him to settle and people Bowel's Valley, in con- formity with instructions then furnished. He was directed not to sell lands to any persons, except such as should make corn in the valley that year, and should be honestly inclined to be- come industrious inhabitants and to promote the felicity of the community. He was restricted from selling after that spring, without further orders, and was authorized to determine all dis- putes between parties respecting their lands. About the last of April, 1775, Martin arrived in Bowel's Val- APPENDIX. 515 ley, and opened an office to receive entries of such lands as the settlers became entitled to. On the 18th of November, 1775, John Williams, one of the partners, for himself and as agent for the rest, by advertisement requested such persons as were entitled to lands by the terms of the proclamation of the company to come forward and make their entries, properly located, that surveys might be made and deeds issued. He at the same time gave Martin further instruc- tions, specifying on what terms lands should be sold in Transyl- vania until the 1st of June, 1776. By the latter instructions no survey was permitted to contain more than six hundred and forty acres. Purchasers were required to pay for entry and sur- vey, $2, for surveying and a plat, $4; for a deed with the plat annexed, $2; and to the proprietors, at the time the title was completed, at the rate of X2 10s. for each hundred acres, and an annual quit rent of 2s. for each hundred acres to commence in the year 1780. Any person settling before the 1st of June, 1776, was permit- ted to take up, on the above-mentioned terms, six hundred and forty acres for himself, and three hundred and twenty acres for any taxable person belonging to his family. Surveys were to be run to the cardinal points, unless rivers or mountains ren- dered it inconvenient, and on a navigable river were directed to be not more than one-third longer than wide; and on such wa- ter-course they must extend two poles back for one in front, and surveys approaching within eighty poles of each other were in- variably to join. The company watched over their concerns with the greatest diligence, nor did they suffer any opportunity to pass without manifesting a determination to use all the means within their reach for the support of their claim in all its parts. When the commissioners appointed to make peace were holding a treaty at Fort Patrick Henry, near the Long Island of the Hol- ston, in July, 1777, on the 18th of the month, they presented a memorial to the commissioners, a copy of which follows: To the Gentlemen Commissioners Appointed by the States of Virginia, North Carolina, and South Carolina to Negotiate a Peace and Settle a Boundary between the Cherokee Indians and the White People. The memorial of Eichard Henderson, Thomas Hart, Nathaniel Hart, John Williams, William Johnston, John Luttrell, James Hogg, David Hart, and Leo. Hen. Bulloch showeth that your memorialists did, on the 17th of March, 516 HAYWOOD'S HISTORY OF TENNESSEE. 1775, purchase of the said Cherokee Indians, in fair and open treaty, a large tract or territory of land, lying on the Ohio and the branches thereof, and immediately adjoining the line lately run by Col. Donalson as a boundary between the Virginians and the said Cherokee?, which was at that time con- veyed by two separate deeds from the Cherokees to your memorialists, by which said purchase and deeds all the lands below or on the south-east side of the Kentucky or Louisa River up to the head thereof, or to where Col. Donalson's line strikes or crosses the same; thence along said Donalson's line to the Holston River, six miles above the Long Island ; thence down the said river to where the course of Powel's Mountain strikes or intersects the same; thence north-eastwardly along Powel's Mountain, or the course there- of, to a point from which a north-west course will strike the head of the most southwardly branch of the Cumberland River; thence down the said river, including all its waters, to the Ohio; thence up the Ohio to the mouth of the said Kentucky or Louisa River, were granted and conveyed to your memo- rialists with free liberty of forming immediate settlements thereon, without the least disturbance or molestation of them, the said Indians. And where- as the settling and agreeing on a boundary line between the said Indians and white people seems to be a principal object under your consideration, and what we suppose you have full power to perform, we hope regard will be had to our said purchase, so far as not to permit the Indians to reclaim the lands, or any part thereof, which by consent of the whole nation they so fairly sold and willingly gave up. Your memorialists conceive, with great deference to the gentlemen com- missioners, that the Cherokees cannot, nor in justice ought they, to enter on the lands on the north side of the Holston, nor hunt there, above where the course of Powel's Mountain intersects the said river, nor in any manner be permitted to enter on the land sold as aforesaid to your memorialists. Your memorialists acknowledge that some of the good people of Virginia have given out in speeches that the lands so bought of tlie Cherokees were not the property of your memorialists, but belonged to that State or Com- monwealth; that in consequence of such claim the matter is to be heard on the third Monday in their next session of Assembly, at which time your me- morialists have no doubt but that the Assembly will disclaim all pretensions to the lands in dispute, and the title of your memorialists become firmly and indisputably established ; as the treaty and purchase are matters of public no- toriety, and the depositions respecting that matter are now in the possession of the Virginia Assembly, so that they cannot at this time be laid before the commissioners for treating and settling a boundary between the Cherokees and white people. Your memorialists hope that the commissioners will not proceed to run a line through their purchase, or yield any part of the lands contained therein to the Indians, as it will be a manifest injury to private property, and what no law or policy whatever can require; as the Indians voluntarih^ and for a valuable consideration gave them up, and after a most deliberate consultation agreed forever thereafter to restrain themselves from reclaiming or demand- ing the lands in question. APPENDIX. . 517 This memorial was dated on the IStli of June, 1777, and was signed by all the members of the company. The commissioners, after the perusal of the memorial, unani- mously accorded in the opinion that as they had no instructions from their respective governments to inquire into the validity of private purchases from the Cherokees, and as they were fully satisfied that should the commissioners then interfere with the Indians to support the private claims mentioned in the memorial it would at that critical time be attended with bad consequences to the treaty of peace then carrying with that nation, and as the matter did not properly come before them, that they ought not to take any notice of the memorial in any of their conferences with the Indians. ' In the month of May, 1783, the company presented a lengthy memorial to the Assembly of North Carolina upon the same subject, and procured the report of a committee upon it, which eventuated in the act of Assembly above mentioned that secured to them the two hundred thousand acres of land in Powel's Val- ley, before described. The committee who were appointed to consider their memo- rial reported that they had purchased a large tract of country from the Indians, that the purchase was illegal, and that at- tempts to monopolize lands were dangerous aaid injurious to so- ciety. But as by means of this purchase peaceable possession of the country might be obtained from the Indians, the com- pany ought to be compensated for their trouble and for the great expense and risk which they had incurred. This report being concurred with, the act was passed for giving them two hundred thousand acres of land in Powel's Valley, and pursuant thereto a grant issued for the tract which it specified. THE COPY OF A LETTER Left ^ the Cherokees at Gillespie's Station, Which They Took on the 15ih of Octo- ber, 178S. October the 15th, 1788. To Mr. John Sevier and Joseph Martin, and to You, the Inhabitants of the New State. We would wish to inform you of the accident that happened at Gillespie'3 Fort, concerning the women and children that were killed in the battle. " The Bloody Fellow's " talk is that he is now upon his own ground. He is not like you are; for you kill women and children, and he does not. He 518 HAYWOOD'S HISTORY OF TENNESSEE. had orders to do it, and to order them off the land ; and he came and ordered them to surrender, and that they should not be hurt; and they would not, and he stormed it and took it. For you beguiled the head man,* that was your friend and wanted to keep peace; but you began it, and this is what you get for it. When you move off the land, then we will make peace and give up the women and children; and you must march off in thirty days. Five thousand men is our number. Bloody Fellow, Categiskey, John Watts, Glass. *" The Old Tassel." ^V '■K <^' vX' -^'■^ ^- ^0- 'O ^'^m^\ r. .*" .S ^>. 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