Tennessee the Volunteer State 17691923: Volume 1 CHARACTER AND ORIGIN OF THE EARLY SETTLERS OF TENNESSEE A MOUNTAIN MILL Tennessee the Volunteer State 17691923: Volume 1 CHARACTER AND ORIGIN OF THE EARLY SETTLERS OF TENNESSEE A POUNDING MILL Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA SETTLEMENT page 67 [p.67] Few of the Scotch-Irish came to America before the year 1700. Within two or three decades after this date, however, they began literally to swarm across the Atlantic. Most of them disembarked at Philadelphia and drifted south along the eastern escarpment of the Allegheny Mountains and down the valleys into Virginia and the Carolinas. Some came by way of Charleston and from this point pushed up into the back country. A few only came by other routes. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA SETTLEMENT The various treaties concerning the boundaries of white settlement, entered into with the Indians, had an important bearing upon the establishment of Watauga Settlement, of Carter's Valley Settlement and the Nollichucky Settlement. The Cherokee boundary established by Governor Tryon, in 1767, and by John Stuart, in 1768, extended to the mouth of the Great Kanawha River. In 1763 the King of England had issued a proclamation that no treaties must be made with the Indians unless with his express permission. Therefore, when, by the treaty of Fort Stanwix, on November 5, 1768, negotiated for Virginia by Dr. Thomas Walker and Gen. Andrew Lewis, the Six Nations sold to the Crown their nebulous title to a large stretch of country, including all the land between the Ohio and Tennessee rivers, a strong migration to the southwest took place, because the colonists assumed that this new tract was open for settlement. This movement was most marked along the southwest border of Virginia toward and into the valley of the Holston River. Governor Botetourt of Virginia, realizing that the settlers were pressing on into the Indian country, sought further negotiations with the Cherokees who had made vehement complaints in regard to the unauthorized invasion of their lands. They also laid claim to the lands ceded by the Six Nations. Accordingly, a new treaty was made at Lochaber, South Carolina, on October 18, 1770, whereby a new line was established. This line ran as follows: Beginning at the intersection of the North Carolina-Cherokee line, a little more than seventy miles east of Long Island in the Holston River, thence west to a point six miles east of Long Island; thence to the mouth of the Great Kanawha River. A strong influx of population poured into the additional territory thus made available for the settlement. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA SETTLEMENT In 1769 or 1770, William Been located on the Watauga, as has been related. Probably in 1771 Parker and Carter set up a store near the present city of Rogersville in Hawkins County and the community soon formed about it was called Carter's Valley Settlement. Probably in 1771, Jacob Brown, with one or two families, settled on the Nollichucky River and opened a store for trade with the Indians. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA SETTLEMENT page 68 [p.68] The line established by the treaty of Lochaber was surveyed in 1771 by Col. John Donelson. The surveying party was accompanied by some Indian chiefs, of whom Atta-Kulla-Kulla (the Little Carpenter) suggested that they be paid an extra consideration of £500 for which the line might be run to the mouth of the Great Kanawha. The line was so run, although the extra consideration was not paid. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION The inhabitants of the three settlements thought they were in Virginia until, in 1771, Anthony Bledsoe, a surveyor of experience, proved that, upon the extension of the boundary line, these settlers would be found to be within the limits of North Carolina. Thereupon, in 1772, Alexander Cameron, Indian agent resident among the Cherokees, a deputy of John Stuart, required all persons who had made settlements beyond the said line to relinquish them. The inhabitants of the Brown Settlement on the Nollichucky withdrew to the Watauga. The Watauga Settlement and the Carter's Valley Settlement remained undisturbed. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION The plight in which the Watauga settlers now found themselves was indeed desperate. True, the whites and the Indians were at peace and the settlers so far were undisturbed, but they could not remain in this anomalous situation. Representatives of the settlers met and deputed James Robertson and John Been, as Fisk said, to treat with their landlords. As we have already seen in Fisk's article, the attempt was successful, the land was leased from the Indians for ten years. Prior to taking this step, however, they found themselves compelled to organize a civil government under which to live. The need was urgent. They could not look for protection to Virginia, for they were not within the limits of that colony. To appeal to North Carolina was futile, because conditions in that colony were turbulent and disorderly and the government had more trouble on its hands than it could well handle in its long settled districts. So that it was useless to appeal to it for aid in governing a remote region like the Watauga. They proceeded, therefore, to form an association for their own guidance, protection and government. By reason of his force of character and his familiarity with associations which had been formed in North Carolina, James Robertson was naturally looked to as the leader of this unprecedented movement. Footnote The Conquest of the Old Southwest, pp. 197-198. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Dr. Archibald Henderson declares the convention which adopted the Articles of Association to be the first governmental assemblage of free-born American citizens ever held west of the Alleghenies. The government then established was the first free and independent government, democratic in spirit, representative in form, ever organized upon the American continent.7 Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Governor Dunmore in a letter to Lord Dartmouth, dated May 16, 1774, says: Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION They appointed magistrates, and framed laws for their present occasion, and to all intents and purposes, erected themselves into, though an inconsiderable, yet a separate State. He also said in the same letter that it sets a dangerous example to the people of America, of forming governments distinct from and independent of his Majesty's authority. Footnote Annals of Tennessee, p. 107. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION page 69 Doctor Ramsey says of the Articles of Association: They formed, it is [p.69] believed, the first written compact for civil government anywhere west of the Alleghanies.8 Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Roosevelt says: Footnote The Winning of the West, Vol. I, p. 231. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION They decided to adopt written articles of agreement, by which their conduct should be governed; and these were known as the Articles of the Watauga Association. They formed a written constitution, the first ever adopted west of the mountains, or by a community composed of American-born freemen. It is this fact of the early independence and self-government of the settlers along the headwaters of the Tennessee that gives to their history its peculiar importance. They were the first men of American birth to establish a free and independent community on the continent. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Furthermore, it became the precedent and exemplar for Transylvania, Franklin and Cumberland, all of which formed independent governments. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION The Watauga settlers assembled in a convention, somewhat similar to the town meetings still held in the New England states. This convention was held at Robertson's station and probably all the stations were represented. They elected a court of five as follows: Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION John Carter, ex-officio chairman John Sevier Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Charles Robertson Zach. Isbell Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION James Robertson Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Other Officers Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION William Tatham, clerk Lewis Bowyer, attorney Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION A sheriff was also authorized; but his name is not given. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION The five members of the court were the real ruling body and had entire control of all matters affecting the common weifare. All affairs in controversy were settled by them; and all their proceedings were noted for the prudence and moderation with which they behaved in their peculiar position. Roosevelt expresses great admiration for the praiseworthy conduct of this court in the conduct of their difficult duties in which many mistakes might easily have been made. He says: Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION They were careful to avoid embroiling themselves with the neighboring colonial legislatures; and in dealing with non-residents they made them give bonds to abide by their decision, thus avoiding any necessity of proceeding against their persons. On behalf of the community itself, they were not only permitted to control its internal affairs, but also to secure lands by making treaties with a foreign power, the Indians; a distinct exercise of the right of sovereignty. They heard and adjudicated all cases of difference between the settlers themselves; and took measures for the common safety. In fact the dwellers, in this little outlying frontier commonwealth, exercised the rights of full statehood for a number of years; establishing in true American style a purely democratic government with representative institutions, in which, under certain restrictions, the will of the majority was supreme, while, nevertheless, the largest individual freedom, and the utmost liberty of individual initiative were retained. The framers showed the American predilection for a written constitution or civil compact; and, what was more important they also showed the common-sense American spirit that led them to adopt the scheme of government which should in the simplest way best serve their needs, without bothering their heads over mere high-sounding abstractions. Footnote The Winning of the West, pp. 233-234. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION page 70 The court or committee held their sessions at stated and regular times, and took the law of Virginia as their standard for decisions, they saw to the recording of deeds and wills, settled all questions of debate, issued marriage licenses, and carried on a most vigorous warfare against law breakers, especially [p.70] horse thieves. For six years their government continued in full vigor; then, in February, 1778, North Carolina having organized Washington County, which included all of what is now Tennessee, the governor of that state appointed justices of the peace and militia officers for the new county, and the old system came to an end. But Sevier, Robertson and their fellow committeemen were all members of the new court, and continued almost without change their former system of procedure and direct and expeditious methods of administering justice; as justices of the peace they merely continued to act as they acted while arbitrators of the Watauga Association, and in their summary mode of dealing with evil-doers paid a good deal more heed to the essence than to the forms of law.10 Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION As an example of the expeditious methods of this court it may be said that, in one case, a culprit charged with horse-theft was arrested on Monday, tried on Wednesday, and hung on Friday of the same week. Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION In 1775 the Committee of Thirteen was chosen, viz.: Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION John Carter, chairman William Been Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Charles Robertson John Jones Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION James Robertson George Russell Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Zach. Isbell Jacob Womack Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION John Sevier Robert Lucas Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION James Smith William Tatham Tennessee the Volunteer State 17691923: Volume 1 THE WATAUGA ASSOCIATION Jacob Brown ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com