At a convention assembled at Jonesborough on August 23, 1784, delegates from the counties of Washington, Sullivan, and Greene characteristically decided to organize an "Association." They solemnly declared by resolution: "We have a just and undeniable right to petition to Congress to accept the session made by North Carolina, and for that body to countenance us for forming ourselves into a separate government, and to frame either a permanent or temporary constitution, agreeably to a resolve of Congress.…" Meanwhile, Governor Martin, largely as the result of the prudent advice of North Carolina's representative in Congress, Dr. Hugh Williamson, was brought to the conclusion that North Carolina, in the passage of the cession act, had acted precipitately. This important step had been taken without the full consideration of the people of the state. Among the various arguments advanced by Williamson was the impressive contention that, in accordance with the procedure in the case of other states, the whole expense of the huge Indian expeditions in 1776 and the heavy militia aids to South Carolina and Georgia should be credited to North Carolina as partial fulfilment of her continental obligations before the cession should be irrevocably made to the Federal government. Williamson's arguments proved convincing; and it was thus primarily for economic reasons of far-reaching national importance that the assembly of North Carolina (October 22 to November 25, 1784) repealed the cession act made the preceding spring. [204]
Before the news of the repeal of the cession act could reach the western waters, a second convention met at Jonesborough on December 17th. Sentiment at this time was much divided, for a number of the people, expecting the repeal of the cession act, genuinely desired a continued allegiance to North Carolina. Of these may well have been John Sevier, who afterward declared to Joseph Martin that he had been "Draged into the Franklin measures by a large number of the people of this country." [205] The principal act of this convention was the adoption of a temporary constitution for six months and the provision for a convention to be held within one year, at the expiration of which time this constitution should be altered, or adopted as the permanent constitution of the new state. [206] The scholars on the western waters, desiring to commemorate their aspirations for freedom, chose as the name of the projected new state: "Frankland"—the Land of the Free. The name finally chosen, however, perhaps for reasons of policy, was "Franklin," in honor of Benjamin Franklin. Meanwhile, in order to meet the pressing needs for a stable government along the Tennessee frontier, the North Carolina assembly, which repealed the cession act, created out of the four western counties the District of Washington, with John Haywood as presiding judge and David Campbell as associate, and conferred upon John Sevier the rank of brigadier-general of the new district. The first week in December Governor Martin sent to Sevier his military commission; and replying to Joseph Martin's query (December 31, 1784, prompted by Governor Martin) as to whether, in view of the repeal of the cession act, he intended to persist in revolt or await developments, Sevier gave it out broadcast that "we shall pursue no furtheir measures as to a new State."
Owing to the remoteness of the Tennessee settlements and the difficulty of appreciating through correspondence the atmosphere of sentiment in Franklin, Governor Martin realized the necessity of sending a personal representative to discover the true state of affairs in the disaffected region beyond the mountains. For the post of ambassador to the new government, Governor Martin selected a man distinguished for mentality and diplomatic skill, a pioneer of Tennessee and Kentucky, Judge Richard Henderson's brother, Colonel Samuel Henderson. Despite Sevier's disavowal of any further intention to establish a new state, the governor gave Colonel Henderson elaborate written instructions, the purport of which was to learn all that he could about the political complexion of the Tennessee frontiersmen, the sense of the people, and the agitation for a separate commonwealth. Moreover, in the hope of placating the leading chieftains of the Cherokees, who had bitterly protested against the continued aggressions and encroachments upon their lands by the lawless borderers, he instructed Colonel Henderson also to learn the temper and dispositions of the Indians, and to investigate the case of Colonel James Hubbardt who was charged with the murder of Untoola of Settiquo, a chief of the Cherokees.
When Colonel Henderson arrived at Jonesborough, he found the third Franklin legislature in session, and to this body he presented Governor Martin's letter of February 27, 1785. In response to the governor's request for an "account of the late proceedings of the people in the western country," an extended reply was drafted by the new legislature; and this letter, conveyed to Governor Martin by Colonel Henderson, in setting forth in detail the reasons for the secession, made the following significant statement: "We humbly thank North Carolina for every sentiment of regard she has for us, but are sorry to observe, that as it is founded upon principles of interest, as is aparent from the tenor of your letter, we are doubtful, when the cause ceases which is the basis of that affection, we shall lose your esteem." At the same time (March 22nd), Sevier, who had just been chosen Governor of the State of Franklin, transmitted to Governor Martin by Colonel Henderson a long letter, not hitherto published in any history of the period, in which he outspokenly says:
It gives me great pain to think there should arise any Disputes between us and North Carolina, & I flatter myself when North Carolina states the matter in a fair light she will be fully convinced that necessity and self-preservation have Compelled Us to the measures we Have taken, and could the people have discovered that No. Carolina would Have protected and Govern'd them, They would have remained where they were; but they perceived a neglect and Coolness, and the Language of Many of your most leading members Convinced them they were Altogether Disregarded. [207]
Following the issuance of vigorous manifestos by Martin (April 25th) and Sevier (May 15th), [208] the burden of the problem fell upon Richard Caswell, who in June succeeded Martin as Governor of North Carolina.
Meantime the legislature of the over-mountain men had given the name of Franklin to the new state, although for some time it continued to be called by many Frankland, and its adherents Franks. The legislature had also established an academy named after Governor Martin, and had appointed (March 12th) William Cocke as a delegate to the Continental Congress, urging its acceptance of the cession. In the Memorial from the Franklin legislature to the Continental Congress, dealing in some detail with North Carolina's failure to send the Cherokees some goods promised them for lands acquired by treaty, it is alleged:
She [North Carolina] immediately stoped the goods she had promised to give the Indians for the said land which so exasperated them that they begun to commit hostalities on our frontiers in this situation we were induced to a declaration of Independence not doubting we should be excused by Congress … as North Carolina seemed quite regardless of our interest and the Indians daily murdering our friends and relations without distinction of age or sex. [209]
Sympathizing with the precarious situation of the settlers, as well as desiring the cession, Congress urged North Carolina to amend the repealing act and execute a conveyance of the western territory to the Union.