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cused North Carolina of not giving to the Cherokees a quantity of goods promised them, and asserted that this disappointment had caused the Indians to commit several murders. In his answer the Governor admitted that the goods had not been given, but explained that this was because at the time the land had been ceded to Congress, and the authorities were waiting to see what Congress would do; and after the Cession Act was repealed the goods would have been given forthwith, had it not been for the upsetting of all legal authority west of the mountains, which brought matters to a standstill. Moreover, the Governor in his turn made counter accusations, setting forth that the mountaineers had held unauthorized treaties with the Indians, and had trespassed on their lands, and even murdered them. He closed by drawing a strong picture of the evils sure to be brought about by such lawless secession and usurpation of authority. He besought and commanded the revolted counties to return to their allegiance, and warned them that if they did not, and if peaceable measures proved of no avail, then the State of North Carolina would put down the rebellion by dint of arms.

At the same time, in the early spring of 1785, the authorities of the new State sent a memorial to the Continental Congress. Having found their natural civil chief and military leader in Sevier, the

3 State Dept. MSS., Papers Continental Congress, Memorials, etc., No. 48. State of Franklin, March 12, 1785. Certificate that William Cocke is agent; and memorial of the freemen, etc.

backwoodsmen now developed a diplomat in the person of one William Cocke. To him they intrusted the memorial, together with a certificate, testifying, in the name of the State of Franklin, that he was delegated to present the memorial to Congress and to make what further representations he might find conducive to the interest and independence of this country." The memorial set forth the earnest desire of the people of Franklin to be admitted as a State of the Federal Union, together with the wrongs sure to be brought about by such lawless secession with particular bitterness upon the harm which had resulted from her failure to give the Cherokees the goods which they had been promised. It further recited how North Carolina's original cession of the western lands had moved the Westerners to declare their independence, and contended that her subsequent repeal of the act making this cession was void, and that Congress should treat the cession as an accomplished fact. However, Congress took no action either for or against the insurrectionary commonwealth.

The new State wished to stand well with Virginia, no less than with Congress. In July, 1785, Sevier wrote to Governor Patrick Henry, unsuccessfully appealing to him for sympathy. In this letter he insisted that he was doing all he could to restrain the people from encroaching on the Indian lands, though he admitted he found the task difficult. He assured Henry that he would on no account encourage the Southwestern Virginians to

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join the new State, as some of them had proposed; and he added, what he evidently felt to be a needed explanation, "we hope to convince every one that we are not a banditti, but a people who mean to do right, as far as our knowledge will lead us.

At the outset of its stormy career the new State had been named Franklin, in honor of Benjamin Franklin; but a large minority had wished to call it Frankland instead, and outsiders knew it as often by one title as the other. Benjamin Franklin himself did not know that it was named after him until it had been in existence eighteen months.5 The State was then in straits, and Cocke wrote Franklin, in the hope of some advice or assistance. The prudent philosopher replied in conveniently vague and guarded terms. He remarked that this was the first time he had been informed that the new State was named after him, he having always supposed that it was called Frankland. He then expressed his high appreciation of the honor conferred upon him, and his regret that he could not show his appreciation by anything more substantial than good wishes. He declined to commit himself as to the quarrel between Franklin and North Carolina, explaining that he could know nothing of its merits, as he had but just come home from abroad; but he warmly commended the proposition to submit the

4 Va. State Papers, IV, 42, Sevier to Henry, July 19, 1785.

5 State Dept. MSS., Franklin Papers, Miscellaneous, Vol. VII, Benj. Franklin to William Cocke, Philadelphia, Aug. 12,

question to Congress, and urged that the disputants should abide by its decision. He wound up his letter by some general remarks on the benefits of having a Congress which could act as a judge in such matters.

While the memorial was being presented to Congress, Sevier was publishing his counter-manifesto to Governor Martin's in the shape of a letter to Martin's successor in the chair of the chief executive of North Carolina. In this letter Sevier justified at some length the stand the Franklin people had taken, and commented with lofty severity on Governor Martin's efforts “to stir up sedition and insurrection” in Franklin, and thus destroy the "tranquillity” of its "peaceful citizens.” Sevier evidently shared to the full the horror generally felt by the leaders of a rebellion for those who rebel against themselves.

The new Governor of North Carolina adopted a much more pacific tone than his predecessor, and he and Sevier exchanged some further letters, but without result.

One of the main reasons for discontent with the parent State was the delay in striking an advantageous treaty with the Indians, and the Franklin people hastened to make up for this delay by summoning the Cherokees to a council. Many of the chiefs, who were already under solemn agreement with the United States and North Carolina, refused to attend; but, as usual with Indians, they could not

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control all their people, some of whom were present at the time appointed. With the Indians who were thus present the whites went through the form of a treaty under which they received large cessions of Cherokee lands. The ordinary results of such a treaty followed. The Indians who had not signed promptly repudiated as unauthorized and ineffective the action of the few who had; and the latter asserted that they had been tricked into signing, and were not aware of the true nature of the document to which they had affixed their marks. The whites heeded these protests not at all, but kept the land they had settled.

In fact the attitude of the Franklin people toward the Cherokees was one of mere piracy. In the August session of their Legislature they passed a law to encourage an expedition to go down the Tennessee on the west side and take possession of the country in the great bend of that river under titles derived from the State of Georgia. The eighty or ninety men composing this expedition actually descended the river, and made a settlement by the Muscle Shoals, in what the Georgians called the county of Houston. They opened a land office, organized a county government, and elected John Sevier's brother, Valentine, to represent them in the Georgia Legislature; but that body refused to allow him a seat. After a fortnight's existence the attitude of the Indians became so menacing that the settlement broke up and was abandoned.

* Talk of Old Tassel, September 19, 1785, Ramsey, 319.

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