mont, maintaining her independence successfully against the states of New York and New Hampshire, was the cause of the Franklin movement.' Vermont's action may have had some influence on the Franklin leaders, although there is no direct evidence of it. Moreover, considering the character and experience of these frontiersmen it would seem that only an occasion was necessary to make them take the step they did.

The occasion was furnished by an act of the North Carolina general assembly by which her territory west of the mountains was ceded to Congress. This was in response to a request by that body that all states claiming lands beyond the Alleghanies should give them up to help defray the expenses of the Revolutionary War. Congress had just passed the ordinance containing the so-called Jefferson plan for the division and organization of the west into new states. One of the rectangular states of that plan included most of the territory occupied by the settlers whom we are considering. Not only did it seem to them that their statehood was assured by the action of Congress and of North Carolina, but they were made to feel that at least some prominent North Carolinians were glad to get rid of them for personal reasons. It was reported that when the cession bill was before the North Carolina general assembly, and the members from the transmontane counties were pleading to be continued as a part of the state, prominent members from the older counties said that the Western people were the offscourings of the earth and they would be well rid of them. The delegates from the four western counties carried the news of the cession to their constituents. Two years had been allowed Congress in which to accept the territory. This was made much of, while the correlative declaration, that it should remain under North Carolina's jurisdiction until so accepted, was disregarded. The standing and wellgrounded complaints of North Carolina's excessive and unjust taxation and her inadequate judicial and military provision for the west influenced many in favor of the new state scheme. So for various reasons there was a large party ready to embark upon it.

A committee composed of two members from each captain's company proposed an election of delegates from Washington, Sullivan, Greene, and Davidson counties, who should meet in convention at Jonesborough with power to adopt such measures as they

Moore, Hist. of North Carolina, I. 364.

2 For a discussion of Congressional action along this line see the writer's "Evolution of the American System of Forming and Admitting New States into the Union," in Annals of the American Academy of Political and Social Science, Nov., 1901.

3 Franklin general assembly in Address to Governor Martin, Pennsylvania Packet, Nov. 21, 1785.

might deem advisable. An election was held in all but Davidson county, and the first convention met Aug. 23, 1784. John Sevier was made president, and Landon Carter secretary.' This convention adopted the report of a committee,-that they had an undeniable right to petition Congress to accept North Carolina's cession and “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." They show their expectation of incorporating the neighboring settlements of Virginia by announcing that "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 may be received and enjoy the same privileges that we do, may or shall enjoy." It was further decided that "one or more persons ought to be sent to represent our situation in the Congress of the United States, and this convention has just right and authority to prescribe a regular mode for his support."3 The vote stood 28 to 15 in favor of forming into a separate and distinct state "at this time." There is evidence that Sevier himself was opposed to the movement at first. He wrote to Joseph Martin that he was "Draged into the franklin measures by a large number of the people of this Country." The lack of harmony was particularly manifest in the second convention, called for the purpose of drawing up a constitution. It did not meet till November, 1784, several weeks after the time set for it, and then broke up in confusion.

Meanwhile, before Congress had had an opportunity to accept North Carolina's western territory the act of cession was repealed by the North Carolina general assembly. In the act of repeal the reason therefor is given as follows:

That the cession, so intended, was made in full confidence that the whole expense of the Indian expeditions and militia aids to the states of South Carolina and Georgia should pass to account in our quota of the continental expenses in the late war; and also that the other states holding western territory would make similar cessions, and that all the states

1 For a sketch of what the four conventions accomplished see Ramsey, Annals of Tennessee, 286 ff.; also Haywood, History of Tennessee, 137 ff. For a general account of the state of Franklin, particularly in reference to relations with the Indians, see President Roosevelt's Winning of the West, III. ch. iv.

2 In view of the reference to the resolve of Congress just above, the "other power" is plainly Congress itself, to whom, in the opinion of the mountaineers, North Carolina had ceded their territory. President Roosevelt (Winning of the West, III. 157) is hardly warranted in concluding from this phrase that they "ignored the doctrine of State Sovereignty."

3 Committee report in Rev. S. Houston MSS., quoted by Ramsey, Annals of Tennessee, 287.

Calendar of Virginia State Papers, IV. 416.

would unanimously grant imposts of five per cent as a common fund for the discharge of the federal debt; and whereas the states of Massachusetts and Connecticut, after accepting the cessions of New York and Virginia, have since put in claims for a large part of that territory, all the above expected measures for constituting a substantial common fund have been either frustrated or delayed.

The party opposed to the organization of the new state was strengthened by further action of the North Carolina general assembly. The western counties were formed into a superior court district with an assistant superior court judge, and a brigadier-general of militia was created. In view of these concessions John Sevier made a speech against forming a new state, even when the election to the third convention was in progress. This convention met, however, December 14, 1784, and provided that a general assembly should be elected under the North Carolina election law, and should put the new government into operation at once. It also proposed a written constitution for the new state. The Reverend Samuel Houston was an influential member of this convention from Washington county, and in a preface to a proposed constitution which he advocated has well sketched the history of constitution-making in Franklin, as follows:

In December 1784, at Jonesborough in this state, a Convention was held, and having agreed to a Constitution, recommended and held it out to the people for their consideration, signifying to the people, that before the expiration of one year they should choose a Convention, for the express purpose of adopting it in the name of the people, or altering it, as instructed by them; which is attested by the Resolve itself, and a Resolve of the Assembly which sat August 1786.

Well, accordingly, the late Convention met at Greeneville, November the 14th, 1785; and from different parts of the State, the people laid in instructions, which shewed that there was a great diversity and contrariety of sentiments amongst them. However, the Convention, after some debate, agreed to appoint a Committee of their members, who should prepare a Form of Government to lay before the whole Convention, that it might be examined, altered, amended, and added to, as the majority should think proper; and thus be perfected and finished in as accurate a manner as the united wisdom of members of the Convention could do.

After the Committee retired, the first thing of account they agreed upon, was, to proceed upon business by taking the Constitution of North Carolina for their groundwork or foundation, and together with it, all political helps that the thirteen Constitutions, the instructions of the people, and any other quarter might afford, to prepare a report to lay before the Convention. In this manner the Committee proceeded, adhering strictly to the groundwork, viz., North Carolina Constitution, retaining of it whatever appeared suitable, and to it collected pieces out of their other political helps, till they had just conformed their plan, that it might be laid before the whole Convention, that, as has been said, it might be examined, altered, amended, and added to, as the majority should think best.

The whole house having met, the Report of the Committee was laid before them, and rejected in the lump; in consequence of which, the whole house took up the North Carolina Constitution, and hastily reading it off, approved of it in the general, whilst the friends of the Report of the Committee strove to introduce, but all in vain, some material parts of their plan, viz., a single house of Legislation, equal and adequate representation, the exclusion of attorneys from the Assembly, etc., and failing in these most important points, by the unanimous consent of the whole Convention, obtained leave to enter upon the Journals, their dissent to what had been carried in Convention, and also to hold out to the people, for their consideration, the Report of the Committee.1

It was the constitution reported by this committee that Samuel Houston advocated. He circulated printed copies with his preface -all to no purpose however, as the people were satisfied with the North Carolina constitution as adopted by the convention.

Under the North Carolina law providing for a brigadier general of militia for the western counties John Sevier was appointed to the office. It does not seem likely that he knew of it when, at the election of the third convention, he made his speech against the new state movement. At any rate, in view of his subsequent action this appointment cannot be given as the cause of his opposition. The facts that he had already served North Carolina in different public capacities, was a prominent King's Mountain hero, and was without doubt the leading man in the region, are quite sufficient to explain his appointment to that important office.

Colonel Joseph Martin, agent to the Cherokee Indians for the states of North Carolina and Virginia, was, in his official capacity, naturally against the new state, although he evidently had a good deal of sympathy with it. Arthur Campbell, the county lieutenant and a justice of Washington county in Virginia, charged him in a letter to the governor with being chosen "at his own solicitation one of the Privy Council for the State of Frankland." But this was indignantly denied by Martin. In a letter to Governor Henry he admitted that the Franklin assembly had elected him to their privy council, but declared that "no Earthly thing shall prevail on me to neglect my duty as Agent for the State of Virga, so long as I have the honour to fill that office," and that he was "in Every Sence of the word against a New State."3 It is from his reports, however, This preface and constitution are printed in The American Historical Magazine, I. 50.

2 He was a candidate for appointment by Congress as Indian commissioner for the entire southern department. See certificate of Governor Alex. Martin, dated April 16, 1785, that "Colonel Joseph Martin hath been appointed Agent to the Cherokee nation of Indians by this State for some years past"; also his request of Governor Patrick Henry for a similar certificate, that the two might be forwarded to Congress to further his candidacy. Calendar of Virginia State Papers, IV. 24 and 25.

For this correspondence see Calendar of Virginia State Papers, IV. 31 and 53.

that we get some of our information about the "New State." He seems to have been on different occasions a sort of go-between in much of the controversy between Sevier and Governor Martin of North Carolina. At the beginning of it, shortly after the repeal of the act of cession, he wrote to Sevier as follows:

The Honorable John Sevier Esq., Brigadier General Washington Dst.

Dear Sir. Dcem' the 31' 1784

.

I left Governor martins the 19' Instant he informed me that Maj' outlaw was sent forward near four weeks ago with some dispatches to you inclosing your Generals Commission with a number of other papers he informed me the first business that the assemble Did was to repeal the Cession bill before Congress Could meet to accept it . . . as you have formed a Government heare I must beg that you will inform me whither you will presist or let it lay over untill you Can be Better informed.'

But it was not allowed to lie over. The first general assembly of the state of Frankland, as it was then called, met early in 1785 and proceeded to organize the new government. A full set of officers was chosen, including John Sevier as governor. He accepted this office in spite of his appointment as brigadier-general of the district by the North Carolina government. The definite launching of the new government called forth the following letter from Governor Martin, addressed to "Brigadier Generai Saveez" [meaning Sevier]:

Sir

DANBURY, the 27th of Feb. 1785

With some concern I have heard that the counties of Washington, Sullivan, and Greene, have lately declared themselves independent of the state of North Carolina, and have chosen you governor; that you have accepted the same, and are now acting with a number of officers under the authority of the new government.

As I wish to have full and proper information on this subject, major Samuel Henderson waits upon you with this, by whom you will please to transmit me an account of the late proceedings of the people, relative to the above, in the western country, that I may have it in my power to communicate the same to the general assembly. The general discontent that prevailed through the state at the late cession act, and the sense of Congress to make the state no retaliation for the same, caused the assembly to repeal that act, by a large majority, and to convince the people of the western country, that the state still retained her affection for them, was not desirous to part with so respectable a body of citizens, in the present situation of affairs, attempted to render government as easy as possible, by erecting a new superior court district, creating a brigadier general of the militia, and an assistant judge of the said superior court, which was, in short, redressing every grievance, and removing every obstacle that called for a separation, and which the legislature were

1 Draper Colls., King's Mountain MSS., XI. Library Wis. Hist. Soc.