In these exalted desires of the primitive men who held by their rifles and hatchets the land by the western waters, we see the influence of the Reverend Samuel Doak, their pastor, who founded the first church and the first school beyond the great hills. Early in the life of Watauga he had come thither from Princeton, a zealous and broadminded young man, and a sturdy one, too, for he came on foot driving before him a mule laden with books. Legend credits another minister, the Reverend Samuel Houston, with suggesting the name of Frankland, after he had opened the Convention with prayer. It is not surprising to learn that this glorified constitution was presently put aside in favor of one modeled on that of North Carolina.
Sevier persuaded the more radical members of the community to abandon their extreme views and to adopt the laws of North Carolina. However lawless his acts as Governor of a bolting colony may appear, Sevier was essentially a constructive force. His purposes were right, and small motives are not discernible in his record. He might reasonably urge that the Franklanders had only followed the example of North Carolina and the other American States in seceding from the parent body, and for similar causes, for the State's system of taxation had long borne heavily on the overhill men.
The whole transmontane populace welcomed Frankland with enthusiasm. Major Arthur Campbell, of the Virginian settlements, on the Holston, was eager to join. Sevier and his Assembly took the necessary steps to receive the overhill Virginians, provided that the transfer of allegiance could be made with Virginia's consent. Meanwhile he replied in a dignified manner to the pained and menacing expostulations of North Carolina's Governor. North Carolina was bidden to remember the epithets her assemblymen had hurled at the Westerners, which they themselves had by no means forgotten. And was it any wonder that they now doubted the love the parent State professed to feel for them? As for the puerile threat of blood, had their quality really so soon become obliterated from the memory of North Carolina? At this sort of writing, Sevier, who always pulsed hot with emotion and who had a pretty knack in turning a phrase, was more than a match for the Governor of North Carolina, whose prerogatives he had usurped.
The overmountain men no longer needed to complain bitterly of the lack of legal machinery to keep them “the best members of society.” They now had courts to spare. Frankland had its courts, its judges, its legislative body, its land office—in fact, a full governmental equipment. North Carolina also performed all the natural functions of political organism, within the western territory. Sevier appointed one David Campbell a judge. Campbell held court in Jonesborough. Ten miles away, in Buffalo, Colonel John Tipton presided for North Carolina. It happened frequently that officers and attendants of the rival law courts met, as they pursued their duties, and whenever they met they fought. The post of sheriff—or sheriffs, for of course there were two—was filled by the biggest and heaviest man and the hardest hitter in the ranks of the warring factions. A favorite game was raiding each other's courts and carrying off the records. Frankland sent William Cocke, later the first senator from Tennessee, to Congress with a memorial, asking Congress to accept the territory North Carolina had offered and to receive it into the Union as a separate State. Congress ignored the plea. It began to appear that North Carolina would be victor in the end; and so there were defections among the Franklanders. Sevier wrote to Benjamin Franklin asking his aid in establishing the status of Frankland; and, with a graceful flourish of his ready pen, changed the new State's name to Franklin by way of reinforcing his arguments. But the old philosopher, more expert than Sevier in diplomatic calligraphy, only acknowledged the compliment and advised the State of Franklin to make peace with North Carolina.
Sevier then appealed for aid and recognition to the Governor of Georgia, who had previously appointed him Brigadier General of militia. But the Governor of Georgia also avoided giving the recognition requested, though he earnestly besought Sevier to come down and settle the Creeks for him. There were others who sent pleas to Sevier, the warrior, to save them from the savages. One of the writers who addressed him did not fear to say “Your Excellency,” nor to accord Nolichucky Jack the whole dignity of the purple in appealing to him as the only man possessing the will and the power to prevent the isolated settlements on the Cumberland from being wiped out. That writer was his old friend, James Robertson.
In 1787, while Sevier was on the frontier of Greene County, defending it from Indians, the legal forces of North Carolina swooped down on his estate and took possession of his negroes. It was Tipton who represented the law; and Tipton carried off the Governor's slaves to his own estate. When Nolichucky Jack came home and found that his enemy had stripped him, he was in a towering rage. With a body of his troops and one small cannon, he marched to Tipton's house and besieged it, threatening a bombardment. He did not, however, fire into the dwelling, though he placed some shots about it and in the extreme corners. This opéra bouffe siege endured for several days, until Tipton was reinforced by some of his own clique. Then Tipton sallied forth and attacked the besiegers, who hastily scattered rather than engage in a sanguinary fight with their neighbors. Tipton captured Sevier's two elder sons and was only strained from hanging them on being informed that two of his own sons were at that moment in Sevier's hands.
In March, 1788, the State of Franklin went into eclipse. Sevier was overthrown by the authorities of North Carolina. Most of the officials who had served under him were soothed by being reappointed to their old positions. Tipton's star was now in the ascendant, for his enemy was to be made the vicarious sacrifice for the sins of all whom he had “led astray.” Presently David Campbell, still graciously permitted to preside over the Superior Court, received from the Governor of North Carolina the following letter:
Sir: It has been represented to the Executive that John Sevier, who style's himself Captain-General of the State of Franklin, has been guilty of high treason in levying troops to oppose the laws and government of the State.… You will issue your warrant to apprehend the said John Sevier, and in case he cannot be sufficiently secured for trial in the District of Washington, order him to be committed to the public gaol.
The judge's authority was to be exercised after he had examined the “affidavits of credible persons.” Campbell's judicial opinion seems to have been that any affidavit against “the said John Sevier” could not be made by a “credible person.” He refused to issue the warrant. Tipton's friend, Spencer, who had been North Carolina's judge of the Superior Court in the West and who was sharing that honor now with Campbell, issued the warrant and sent Tipton to make the arrest.
Sevier was at the Widow Brown's inn with some of his men when Tipton at last came up with him. It was early morning. Tipton and his posse were about to enter when the portly and dauntless widow, surmising their errand, drew her chair into the doorway, plumped herself down in it, and refused to budge for all the writs in North Carolina. Tipton blustered and the widow rocked. The altercation awakened Sevier. He dressed hurriedly and came down. As soon as he presented himself on the porch, Tipton thrust his pistol against his body, evidently with intent to fire if Sevier made signs of resistance. Sevier's furious followers were not disposed to let him be taken without a fight, but he admonished them to respect the law, and requested that they would inform Bonnie Kate of his predicament. Then, debonair as ever, with perhaps a tinge of contempt at the corners of his mouth, he held out his wrists for the manacles which Tipton insisted on fastening upon them.