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Show Jhe Short-Lived State of 'Franklin' I K Y. yif V f I fe G f f 4 By ELMO SCOTT WATSON , INE hundred and fifty years ago y there came Into being an American f I i commonwealth that was In but not k . I . 3 of the United States. That was the 1 Jl s'at;e 01 Franklin or Frankland l J which, during Its stormy existence of four years, had the equivocal 3T"grT status of being at one and the ffillffli same t'm6 an Independent state, a jrjgfjy district In another state and an SrV51 1 unorganized federal territory, and which finally came into the Union as a part of a state of an entirely different name. Closely associated with the history of the short-lived "State of Franklin" in fact, the very storm center of Its turbulent career was that frontier immortal, John Sevier, "Nollchucky Jack," whose record is Inscribed upon the tall shaft in Knoxville, Tenn., as follows: "Governor of the state of Franklin ; six terms governor of Tennessee ; Four times elected to congress ; A projector and hero of King's Mountain ; 35 battles bat-tles 35 victories; His Indian war cry was: 'Here they are ! Come on, boys, come on !' " The immediate incentive for founding the State of Franklin came out of conditions which prevailed pre-vailed after the close of the Revolution. On June 2, 1784, the legislature of the new state of North Carolina ceded to the congress of the United States Its lands west of the Alleghenles on the conditions that this territory should be formed into a separate state or states and that congress should give due notice of Its acceptance accep-tance of the lands within two years, otherwise they would revert to North Carolina. No sooner had this news reached the settlements settle-ments beyond the mountains than the Westerners Western-ers began making plans for setting up a local government which should form the basis for a new state. There were several reasons for their haste. North Carolina's delay In sending goods to the Indians, promised under a former treaty, had Irritated the tribesmen and the threat of Indian hostility hung heavy over the pioneers. If It should burst Into flame, they could not look for prompt aid from the home authorities because be-cause of the long Intervening distance and the lack of quick communication, not to mention the fact that North Carolina was so occupied With Its post-Revolution civil problems that it could give little thought to the needs of its remote frontier settlements. Another reason, no doubt, was that the formation of a new state meant high offices to be filled and ambitions for preferment prefer-ment to be satisfied, for the frontiersmen were Just as politically minded as their Eastern brethren, breth-ren, once the wilderness was conquered and Its dangers safely past Accordingly, on August 23, 17S4, a convention assembled at Jonesborough composed of delegates dele-gates from the Western counties of Washington, Sullivan and Greene, who passed a resolution declaring: "We have a just and undeniable right to petition Congress to accept the cession made by North Carolina, and for that body to countenance counte-nance us for forming ourselves into a separate government and to frame either a permanent or temporary constitution, agreeably to a resolve of Congress . . ." In the meantime Gov. Alexander Martin of North Carolina had decided that his state had acted too hastily In ceding valuable lauds to the federal government and he used his Influence to get the state assembly to repeal the cession act late In November. Hut the Westerners were going ahead with their plans and on December 17 a second convention conven-tion assembled at Jonesborough. This time sentiment senti-ment was somewhat divided. Rumors of the Impending repeal of the cession act had reached the settlements and some of the delegates favored fa-vored continuing as a part of North Carolina rather than as a separate state. One of these was John Sevier, If we are to believe a later statement of his that he was "Draged Into the Franklin measures by a large number of the people of this country." One delegate, after reading the Declaration of Independence, declared that the same reasons which had moved the Colonies to separate from England could be applied to their decision to desert the uncertain protection of North Can linn and set up a government of their own. His view had enough supporters so that the conven tlon adopted a temporary constitution for six months with provision for a convention to be held within a year, at the end of which time this constitution slroold be altered or adopted as the permanent charter of the new state. To It was given the name of "Frankland" the Ijind of the Free. Later, for reasons of policy, the name "Franklin" was chosen In honor of the sage of Philadelphia. Benjamin Franklin. Hack In North Carolina Martin and his assembly assem-bly were taking steps to reassert sovereignty over the Western settlements. The District of Washington, composed of the four Western counties, coun-ties, was sot up with John Haywood as presiding Judge, and David Campbell as associate. Both r as a diplomatic gesture and for the hotter reason Hint his Indian fighting record made him best lifted for the job. Sevier was made brigadier-general brigadier-general of the state militia. Accompanying his c ommission, which was sent In December. 17S4, was an Inquiry whether. In view of the repeal I' the cession act, he Intended to persist In the movement for a new state or to await further developments. Sevier replied that: "We shall pursue no further measures as to a new State." But despite this avowal. Governor Martin thought It best to send a personal representative, Col. Samuel Henderson (brother of Judge Rich- l...K.....:v...Z'i.Z..-Sl " r frX'Vl ' I DECLARATION oi RIGHTS 1$ I AffS?tf4 ! CONSTITUTION V! " Jtj 'I orm or government j ' , VIA" 1 rOTttJ .. BlIr. 1 Monumenti. ccJIT I Gov. Alexander Martin inKnoxville , S ' L3 ard Henderson, founder of Transylvania and employer of Daniel Boone In the settlement of Kentucky), to Investigate conditions In the West. He found that Sevier had already been elected governor of the new State of Franklin, that William Cocke had been appointed as a delegate to the Continental Congress to urge its acceptance accep-tance of North Carolina's cession and that the legislature had established an academy named after Governor Martin. Henderson delivered to the Franklin legislature, legisla-ture, then In session in Jonesborough, a letter from Governor Martin demanding an "account of the late proceedings of the people In the western country" and In reply received two letters, let-ters, one from the legislature and one from Sevier, which, although conciliatory in tone, frankly expressed a doubt as to North Carolina's willingness or ability to protect her borderers or give them a stable form of government and intimated their determination to persist In the movement for Independence. The result of this was a "manifesto" from Martin In which he denied their right to declare themselves Independent of North Carolina and demanded that the "government should still be supported and anarchy prevented." To this manifesto Governor Sevier sent back an equally fiery one and Martin countered with the appointment of Evan Shelby In Sevier's place as brigadier-general of the militia and of Jonathan Tipton as colonel of his county. In June, 1785, Richard Caswell succeeded Martin as governor of North Carolina and the new executive ex-ecutive proceeded In a conciliatory but at the same time firm manner to assert his stage's sovereignty sov-ereignty over the disputed territory. Meanwhile Sevier and his legislature were continuing to function as state authorities. The legislature passed various acts dealing with the property rights of the citizens of the new state, education, currency, militia, elections, organization organiza-tion of new counties, taxes, etc. In connection with the currency there arose a problem which was solved In a manner characteristic of the genius of the American frontiersman for adapting adapt-ing himself readily to circumstances. With no facilities for Issuing either currency or hard money, skins of animals were made legal tender. Late In 1785 the legislature met at Greeneville and there a committee, headed by Rev. Samuel Houston of Washington county, presented for adoption a constitution which Is an oddity In American Jurisprudence. It provided for a legislature legis-lature of a single house and from this were to be excluded not only "ministers of the gospel, attorneys at law and doctors of physics" but also those who were "of immoral character or guilty of such flagrant enormities as drunkenness, gaming, gam-ing, profane swearing, lewdness. Sabbath-breaking and such like, or who shall deny the existence of God. of heaven, and of hell, the Inspiration of the Scriptures, or the existence of the Trinity." Trin-ity." Although full religions liberty was guaranteed, guaran-teed, only the strictly orthodox might hold office of-fice but It was barred to anyone who was "not a scholar to do the business." "This remarkable document, which provided for many other curious Innovations In government, govern-ment, was the work of pioneer doctrinaires Houston, Campbell. Cocke and Tipton and deserves de-serves study as a bizarre reflection of the spirit and genius of the western frontiersman," says Dr. Archibald Henderson In his "Conquest of the Old Southwest." However, It was rejected In favor of the North Carolina constitution and this rejection was to have an Important effect on the later fortunes of the State of Franklin. For North Carolina's quiet and persistent assertion as-sertion of Its authority was beginning to create a schism In the new commonwealth. Henderson says that the "considerate policy" of Governor Caswell, "coupled -with the defection from Sevier's cause of men of the stamp of Houston and Tipton after the blundering and cavalier rejection of their singular constitution, undermined under-mined the foundations of Franklin." North Carolina began sending Its officers Into Franklin to exercise her authority over the citizens citi-zens of what It considered an outlaw state. Haywood's Hay-wood's History of Tennessee, printed during the early part of the last century, gives a vivid picture pic-ture of the state of affairs existing: "In the early part of the year 17S6 was presented pre-sented the strange spectacle of two empires exercised ex-ercised 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 were called out by officers appointed by both ; laws were passed by both assemblies, and taxes were laid by the authorities of both states. "The judges commissioned by the state of Franklin held supreme courts, twice in each year, In Jonesboro. Colonel Tipton openly refused re-fused obedience to the new government There arose a deadly hatred between him and Governor Gov-ernor Sevier and each endeavoured, by all the means in his power, to strengthen his party." So Involved and desperate had become the situation sit-uation that Cocke and Sevier in turn appealed to wise old Ben Franklin, for whom their state had been named, for aid and advice. In 17S6 Franklin advised Cocke to submit the points in dispute between North Carolina and Its illegitimate illegiti-mate offspring to congress for a decision and to abide by Its decision. But a year later his views had changed and he advised Sevier to try to bring about some satisfactory compromise with the mother state. In September, 1787, the Franklin legislature met for the last time and conditions were so unsettled and uncertain that no attempt was made to bold another election. In February, 1788, adherents of Tipton and Sevier had an armed collision In which two men were killed and several wounded. "Soon afterward Sevier sent word to Tipton that on condition his life be spared he would submit to North Carolina,'' writes Henderson. "On this note of tragi-couiedy the State of Franklin appeared quietly to expire." ex-pire." It drew its final breath the following month, March. 17SS, when Sevier's term as governor gov-ernor ended. At that time he was a fugitive In the distant settlements because, through the action of Governor Gov-ernor Johnson of North Carolina, he had been attainted of high treason. Later he was arrested by Tipton on the treason charge, handcuffed and taken first to Jonesborough, then to Morganton. There the sheriff, who had fought with him at King's Mountain, knocked the irons from his wrists and released him on parole. When some of bis devoted friends heard of the arrest of their beloved "Nollchucky Jack," they rode swiftly swift-ly across the mountains to Morganton and bore him away to a place of safety. In November, 17S8, the North Carolina legislature legis-lature passed an act of pardon and oblivion In regard to the State of Franklin which automatically automat-ically cleared Sevier of the charge of treason and removed any stigma there might have been upon the citizenship of any others. Thus the State of Franklin's turbulent existence of four years came to a close. The later career of Sevier Is too well known to demand more than brief mention. Restored to citizenship he was elected to the North Carolina Caro-lina legislature and given his former rank of brigadier-general of the militia. When North Carolina ratified the Federal Constitution and became one of the United States of America under that document, Sevier was elected congressman con-gressman from the North Carolina district beyond be-yond the mountains. In 1790 North Carolina ceded her western lands again to the federal government govern-ment and on April 2 of that year the cession was accepted. On May 2d the Southwest territory terri-tory was organized and Sevier made general of Its militia. Six years later this territory became the state of Tennessee and he was her first governor. gov-ernor. So John Sevier entered the roll of "unique Americans" In that he was the only man who ever became governor of two states, even though one of them was an outlaw commonwealth., a state which existed In fact If not In o-.Ticlal form C b7 Western Newspaper Union |