History of Western North Carolina - Chapters 5-7



CHAPTER V.
REVOLUTIONARY DAYS

OUR PART IN THE REVOLUTION.(1) In the summer of 1780 "the British were
making a supreme effort to dismember the colonies by the conquest of the
Southern States." "They thought," says Holmes, "that important advantages
might be expected from shifting the war to the rich Southern colonies,
which chiefly upheld the financial credit of the Confederacy in Europe,
and through which the Americans received most of their military and other
supplies.," "The militiaman of Western North Carolina was unique in his
way. Regarded by his government, in the words of Governor Graham, as 'a
self-supporting institution,' he went forth to service generally without
thought of drawing uniform, rations, arms or pay. A piece of white paper
pinned to his hunting cap was his uniform; a wallet of parched flour or a
sack of meal was his commissariat; a tin-cup, a frying-pan and a pair of
sad- dle-bags, his only impedimenta; his domestic nfle-a Deckard or a
Kutter-and sometimes a sword, made in his own black-smith shop,
constituted his martial weapons; a horse capable of long subsisting on
nature's bounty was his means of rapid mobilization or 'hasty change of
base'; a sense of manly duty performed, his quarter's pay. Indeed, his
sense of propriety would have been rudely shocked by any suggestion of
reward for serving his endangered country. . . An expert rider and an
unerring shot, he was yet disdainful of the discipline that must mechanaze
a man into a soldier or convert a mob into an army . . . he was so
tenacious of personal freedom as to be jealous of the authority of
officers chosen by his vote."

THE MECKLENBURG RESOLCES. Alamance was but the forerunner of the
declaration of independence at Mecklenburg, the proof of which follows:

Hon. George Bancroft, the historian, and at the time Minister to England,
wrote to David L. Swain, at Chapel Hill, July 4, 1848, as follows "The
first account of the Resolves by the people in Charlotte Town, Mecklenburg
County, was sent over by Sir James Wright, then Governor of Georgia, in a
letter of the 20th of June, 1775. The newspaper thus transmitted is still
preserved, and is in number 498 of the South Carolina Gazette and Country
Journal.(2) Tuesday, June 13, 1775. I read the Resolves, you may be sure,
with reverence, and immediately obtained a copy of them, thinking myself
the sole discoverer. I do not send you the copy, as it is identically the
same with the paper you enclosed to me, but I forward to you a transcript
of the entire letter of Sir James Wright. The newspapers seem to have
reached him after he had finished his dispatch, for the paragraph relating
to it is added in his own handwriting, tee former part being written by a
secretary. . . . It is a mistake if any have supposed that the Regulators
were cowed down by their defeat at Alamance."

THE MEN OF ASHE AND BUNCOMBE. As many of those who had taken part in the
Mecklenburg Resolves bore their part in the Revolutionary War which
followed, and then moved into Ashe and Buncombe counties, wert of the Blue
Ridge, the interest of their descendants in the reality of heroic step is
intense. As, also, many of these men were with Sevier and McDowell in the
expedition to and battle of Kings Mountain, the folIo ving account of
their experiences through the mountains Western North Carolina and of the
landmarks which still mark their old trails must be of equal importance.

WESTERN NORTH CAROLINIANS WON THE REVOLUTIONARY WAR.(3) After the battle
of Alamance, the defiance declared at public meetings, the declaration of
independence at Mecklenburg and at Halifax; after Gates' defeat at Camden,
August 16, 1780, and Sumter's rout at Fishing' creek, Cornwallis started
northward to complete the conquest of Virginia and North Carolina. "At
this dark crisis the Western North Carolinians conceived and organized
and, with the aid which they sought and received from Virginia and the
Watauga settlement (the latter being then a part of North Carolina) now in
Tennessee, carried to glorious suceess at Kings Mountain on October 7,
1780, an expedition which thwarted all the plans of the British commander,
and restored the almost lost cause of the Americans and rendered possible
its final triumph at Yorktown on October 19, 1781. This expedition was
without reward or the hope of reward, undertaken and executed by private
individuals, at their own instance, who furnished their own arms,
conveyances and supplies, bore their own expenses, achieved the victory,
and then quietly retired to their homes, leaving the benefit of their work
to all Americans, and the United States their debtors for independence."

VANCE, McDOWELL AND HENRY. "The white occupation of North Carolina had
extended only to the Blue Ridge when the Revolution began"; but at its
close General Charles McDowell, Coi. David Vance and Private Robert Henry
were among the first to cross the Blue Ridge and settle in the new county
of Buncombe.(4) As a reward for their services, no doubt, they were
appointed to run and mark the line between North Carolina and Tennessee in
1799, McDowell and Vance as commissioners and Henry as surveyor. While on
this work they wrote and left in the care of Robert Henry their narratives
of the battle of Kings Mountain and the fight at Cowan's ford. After his
death Robert Henry's son, William L. Henry, furnished the manuscript to
the late Dr. J. F. E. Hardy, and he sent it to Dr. Lyman C. Draper, of
Wisconsin. On it is largely based his "King's Mountain and its Heroes"
(1880).

DAVID VANCE. He was the grandfather of Governor and General Vance; "came
south with a great tide of Scotch-Irish emigration which flowed into the
Piedmont country from the middle colonies between 1744 and 1752, and made
his home on the Catawba river, in what is now Burke, and was then Rowan
county, where he married Miss Brank about 1775; and here, pursuing his
vocation as a surveyor and teacher, the beginning of the Revolutionary war
found him. He was one of the first in North Carolina to take up arms in
support of the colonies, and in June, 1776, was appointed ensign in the
second North Carolina regiment of Regular Continental troops, and shortly
thereafter was promoted to a lieutenancy, and served with his regiment
until May or June, 1778, when the remnant of that regiment was
consolidated with other North Carolina troops. He served at Brandywine,
Germantown, Monmouth, and was with Washington at Valley Forge through the
terrible winter of 1777-78. In command of a company he fought at Ramseur's
Mill, Cowpens, and King's Mountain in 1780-81. His son David was the
father of Zebulon and Robert B. Vance, the United States senator and
Confederate general respectively, was a prominent and influential citizen
of his time, and a captain in the War of 1812, which, however, terminated
before his regiment reached the theater of war.

CAPTAIN WILLIAM MOORE. He was from Ulster county, Ireland, and was the
first white man to settle west of the Blue Ridge in Buncombe. He was with
his brother-in-law, Griffith Rutherford when that officer came through
Buncombe in 1776 on his way to punish the Cherokees, and was struck with
the beauty and fertility of the spot on which he afterwards settled, six
and a half miles west of Asheville, the present residence, remodeled and
enlarged, of Dr. David M. Gudger. He was a captain of one of Rutherford's
companies. He returned in 1777 and built a fort on the site above referred
to, obtaining a grant for 640 acres from Governor Caswell soon afterwards,
for "land on Hominy creek, Burke county." But he had to leave his new home
for the Revolutionary War, in which he served gallantly, returning at its
close with his own family-his wife being Gen. Rutherford's sister-and five
others. He had three sons, William, Samuel, and Charles, and three
daughters, all of whom married Penlands, brothers. William and Samuel
moved to Georgia, and Charles, the youngest, fell heir to the home place.
Of him Col. Allen T. Davidson says in The Lyceum for April, 1891, page 24,
that he had been born in a fort on Hominy creek "and was one of the most
honorable, hospitable, open-hearted men it was my good fortune to know,
whom I was taught by my parents to revere and respect; and I can now say I
never found in him anything to lessen the high estimate placed upon him by
them."

MOUNTAIN TORIES. There was a man named Mills mentioned in "The Heart of
the Alleghanies" as living in Henderson county during the Revolutionary
War; local tradition says there was a Tory named Hicks who at some time
during the Revolutionary War built hiraself a pole cabin on what is now
the Meadow Farm near Banners Elk; but which was for years known as Hick's
Improvement. Benjamin Howard built what is known as the Boone cabin for
the accommodation of himself and his herders when they were looking after
the cattle grazing on the mountains near what is now the town of Boone.
Howard's Knob, where he is said to had a cave, and Howard's creek are
named for him. daughter Sarah married Jordan Council, Sr., a prominet
citizen, and they lived near the oak tree that has buck-horns embedded in
its trunk, near Boone village. There is also here at the spring, a large
sycamore tree which grew from a switch stuck in the moist soil by Jesse
Council, eldest son of Jordan Coucil, but one hundred years ago. Howard
was a Tory. Some of the Norris family are said to have been Tories also
and two men, named White and Asher, were killed by the Whigs near Shull's
Mills during the Revolutionary War.(5) There were, doubtless, other Tories
hidden in these mountains during those troublous times. Daniel Boone
himself was not above suspicion, and escaped conviction under charges of
disloyalty at Boonesborough, Ky., by pleading that his acts of apparent
disloyalty were due to the fact that he had been "playing the Indians in
order to gain time for getting reinforcements to come up."(6)

THE NORRIS FAMILY. William Norris settled on Meat Camp, and his brother
Jonathan on New river, about 1803, probably, as William was less than
ninety when he died in 1873.

THOMAS HODGES came to Hodges' gap one, and a half miles west of what is
now Boone, during the Revolutionary War. He came from Virginia, and
brought his family with him. He was a Tory and was seeking to keep out of
taking up arms against Great Britain when he came to his new home. There
was a Norris in this section who was also a Tory. Thomas Hodges' son
Gilbert married a daughter of Robert Shearer who lived on New River, three
miles from Boone, and died there about 1845. Robert Shearer was a
Scotchman who had fought in the American army. In 1787 Gilbert was born,
and lived at the place of his birth in Hodges' gap till his death in
December, 1862. Hollard Hodges, a son of Gilbert, was born there July 18,
1827, and is still there. He still remembers that about 1856 he and Jordan
McGhee in one day killed 432 rattlesnakes on a rocky and cliffy place on
the Rich mountain about three miles from Boone; and that he has always
heard that Ben. Howard had entered all the land about Hodges gap. His wife
was born Elizabeth Councill, and is a grand-daughter of Jordan Councill,
Sr., whose wife was Sallie, daughter of Ben. Howard.

HENDERSON COUNTY HEROES. In her history of Henderson county, written for
this work, Mrs. Mattie S. Candler says, "here are unquestionably numbers
of quiet sleepers in the little old and neglected burying grounds all over
the county wrho followed Shelby and Sevier at Kings Mountain," and
mentions the grandfather of Misses Ella and Lela McLean and Mrs. Hattie
Scott as having fought against his immediate relatives in the British army
on that occasion, receiving a severe wound there. Elijah Williamson is
said to have lived in Henderson county on land now owned by Preston
Patton, his great grandson. Williamson was born in Virginia, moved to
Ninety-Six, S. C., and afterwards settled on the Patton farm, where he
planted five sycamore trees, naming each for one of his daughters. They
still stand. Samuel Fletcher, ancestor of Dr. G. E. Fletcher and of Mrs.
Wm. R. Kirk and Miss Estelle Edgerton of Hendersonville, owned an immense
tract adjoining the Patton farm, to which it is supposed he came about the
time that Elijah Williamson did.

DESCENDANTS OF REVOLUTIONARY HEROES. Representatives of several
Revolutionary soldiers reside in these mountains, among whom are the
Alexanders, Davidsons, Fosters, McDowells, Coffeys, Bryans, Penlands,
Wisemans, Miens, Welehes, and scores of others, who fought in North
Carolina. Others are descendants of Nathan Horton, who was a member of the
guard at the execution of Major Andre, when he carried a shot-gun loaded
with one ball and three buckshot. J. B. Horton, a direct descendant, has
the gun now. J. C. Horton, who lives on the South Fork of the New River,
near Boone, has a grandfather's clock which his ancestor, Nathan Horton,
brought with him from New Jersey over one hundred years ago. The late
Superior Co'rrt Judge, L. L. Greene of Boone, and the Greenes of Watauga
generally, trace their descent directly from General Nathanael Greene, who
conducted the most masterly retreat of the Revolutionary War, when he
slowly ret, ired before Cornwallis from Camden to Yorktown, and won the
applause of even the British.(7)

THE OLD FIELD. Where Gap creek empties into the South Fork of New River is
a rich meadow on which, according to tradition, there has never been any
trees. It has been called the "old field" time out of mind. it was here
that Col. Cleveland was captured by a notorious Tory named Riddle and his
followers during the Revolutionary War.(8) The tree under which it is said
he was seated when surprised and captured is still standing in the yard of
the old Luther Perkins home,(9) now occupied by a son of Nathan Waugh. The
tree is said to be 180 years old. It is three feet in diameter six feet
from the ground, and still bears fruit. It is said that Mrs. Perkins sent
her daughter to notify Ben Cleveland and Joseph Calloway of Cleveland's
capture and that they followed him by means of twigs dropped in the river
as he was led up stream, having joined the party of Captain Cleveland, who
had gone in pursuit. Greer lived four miles above Old Field and Calloway
two miles below. It is said that Greer shot one of the captors at Riddle's
knob, to which point Cleveland had been taken, and that the rest fled,
Cleveland himself dropping behind the log on which he had been seated
while slowly writing passes for his captors. It is also claimed that Ben
Greer fired the shot which killed Col. Ferguson at Kings Mountain.(10)
Roosevelt says Ferguson was pierced by half a dozen bullets. (Vol. iii,
170).

THE WOLF'S DEN. Riddle's knob is ten miles north of Boone, and is even yet
a "wild and secluded spot, being very near the noted Elk Knob, the place
where this noted Tory had his headquarters. It is known as the "Wolf's
Den," and is the place where the early settlers caught many young wolves."
About 1857 Micajah Tugman found Riddle's knife in the crevices of the
Wolf's Den. It was of peculiar design, the "jaws" being six inches long,
and the handle was curved.(11)

BENJAMIN CLEVELAND. This brave man was born in Virginia May 26, 1738. When
thirty-one years of age he came to North Carolina to live, settling in
Wilkes county. In 1776 he became a Whig. He was himself somewhat cruel, as
it is related of him that "some time after this (his capture at Old Field)
this same Riddle and his son, and another was taken, and brought before
Cleveland, and he hung all three of them near the Mulberry Meeting House,
now Wilkesborough".(12) Cleveland weighed over three hundred pounds, and
his men called him "Old Roundabout," and themselves "Cleveland's Bull
Dogs." The Tories, however, called them "Cleveland's Devils." He was a
captain in Rutherford's expedition across the mountains to punish the
Cherokees in 1776, for which service he was made a colonel, and as such
rendered great service in suppressing Tory bands on the frontier. He
raised a regiment of four hundred men in Surry and Wilkes counties and
with them took part in Kings Mountain fight. Before he died he weighed
over 450 pounds, but was cheerful and witty to the end, which came in
October, 1806.(13)

DR. DRAPER's ACCOUNT. In his "Kings Mountain and Its Heroes,"' Dr. Draper
tells us (Ch. 19, p.437, et seq) that the Old Fields belonged to Colonel
Cleveland, and served, in peaceful times, as a grazing region for his
stock, and there his tenant, Jesse Duncan, resided. On Saturday, April 14,
1881, accompanied only by a negro servant, Cleveland rode from his "Round
About" plantation on the Yadkin to the Old Fields, where he spent the
night. Captain William Riddle, a son of Col. James Riddle of Surry county,
both of whom were Royalists, was at that time approaching Old Field from
Virginia, with Captain Ross, a Whig captive, and his servant, enroute to
Ninety Six, in South Carolina. Captain Riddle's party of six or eight men,
reached the home of Benjamin Cutbirth, some four miles above Old Field on
the afternoon of the day that Cleveland arrived at Jesse Duncan's, and
abused Cutbirth, who was a Whig and suffering from wounds he had but
recently sustained in the American cause. Riddle, however, soon left
Cutbirth's and went on to the upper end of Old Fields, where Joseph and
Timothy Perkins resided, about one mile above Duncan's. Both these men
were absent in Tory service at the time; but Riddle learned from their
women that Cleveland was at Duncan's "with only his servant, Duncan and
one or two of the Calloway family." Riddle, however, was afraid to attack
Cleveland openly, and determined to lure him into an ambush the next
morning. Accordingly, that night, he had Cleveland's horses secretly taken
from Duncan's to a laurel thicket "just above the Perkins house," where
they were tried and left. But, it so happened, that on that very Saturday,
Richard Calloway and his brother-in-law, John Shirley, went down from the
neighboring residence of Thomas Calloway, to see Col. Cleveland, where
they remained over night. On the following (Sunday) morning, discovering
that his horses were missing, Cleveland and Duncan, each with a pistol,
and Calloway and Shirley, unarmed, went in pursuit, following the tracks
of the stolen horses, just as Riddle had planned. "Reaching the Perkins
place, one of the Perkins women knowing of the ambuscade, secretly desired
to save the Colonel from his impending fate, and detained him as long as
she could, while his three companions went on, Cleveland following some
little distance behind." She also followed, retarding Cleveland by
enquiries, until his companions had crossed the fence that adjoined the
thicket, where they were fired upon by Riddle's men from their places of
concealment. Calloway's thigh was broken by the shot of Zachariah Wells,
but Duncan and Shirley escaped. Cleveland "dodged into the house with
several Tories at his heels." There he surrendered on condition that they
would spare his life; but when Wells arrived he swore that he would kill
Cleveland then and there, and would have done so had not the latter
"seized Abigal Walters and kept her between him and his would-be assassin.
Riddle, however, soon came upon the scene and ordered Wells to desist;
after which, "the whole party with their prisoner and his servant were
speedily mounted and hurried up New river," traveling "mostly in its bed
to avoid being tracked, in case of pursuit." Two boys, of fourteen and
fifteen, "Daniel Cutbirth and a youth named Walters," had resolved to
waylay Riddle on his return to Benjamin Cutbirth's, and rescue whatever
prisoners he might have with him; but they were deterred from their
purpose by the size and noise of Riddle's party as they passed their place
of concealment that Sunday morning. Riddle's party got dinner at Benjamin
Cutbirth's where one of Cutbirth's daughters was abused and kicked by
Riddle because of her reluctance in serving Riddle's party. After dinner
Riddle's party proceeded up the bed of New river to the mouth of Elk
creek, where the new and promising town of Todd now flourishes at the
terminus of a new railroad now building from Konarok, Va., Cleveland
meanwhile breaking off overhanging twigs and dropping them in the stream
as a guide to his friends who, he knew, would soon follow in pursuit.
"From the head of the south fork of Elk, they ascended up the mountains in
what has since been known as Riddle's Knob, in what is now Watauga county,
and some fourteen miles from the place of Cleveland's captivity," where
they camped for the night. Meantime, early that Sabbath morning, Joseph
Calloway and his brother-in-law, Berry Toney, had called at Duncan's, and
hearing firing in the direction of Perkins's home, hastened there; but,
meeting Duncan and Shirley in rapid flight, they learned from them that
Richard Calloway had been left behind for dead and that Cleveland was
either dead or captured. Duncan, Shirley and Toney then went to notify the
people of the scattered settlements to meet that afternoon at the Old
Fields, while Joseph Calloway rode to Captain Robert Cleveland's place on
Lewis Fork of the Yadkin river, a dozen miles distant. His brother,
William Calloway, started forthwith up New river and soon came across
Benjamin Greer and Samuel McQueen, who readily joined them, and together
they followed Riddle's trail till night overtook them ten miles above the
Old Fields, where Calloway and McQueen remained, while Greer returned to
pilot whatever men might have gathered to engage in the pursuit of the
Tories. Greer soon met Robert Cleveland and twenty others at the Old
Fields, and all started at once, reaching Calloway and McQueen before day
Monday morning. John Baker joined Calloway and McQueen to lead the advance
as spies or advance guards; and, soon after sunrise, the nine men who were
in advance of the others fired upon Riddle's party, while Cleveland
tumbled behind the log on which he was slowly writing passes for his Tory
captors. But Wells alone was shot, being hit as he scampered away by
William Calloway, and was left as it was supposed that he had been
mortally wounded. Riddle and his wife mounted horses and escaped with the
others of his band. "Cleveland's servant, who had been a pack-horse for
the Tory plunderers," was rescued [by?] his master. Captain Ross, Riddle's
Virginia prisoner, was rescued. Shortly after this Riddle captured on
Kings creek at night two of Cleveland's noted soldiers, David and John
Witherspoon, who resided with their parents on Kings creek, and spirited
them many miles away in the mountain region on Watauga river. Here they
escaped death by taking the oath of allegiance to the King of England, and
were released; but as soon as they reached their home, David hastened to
notify Col. Ben. Herndon, several miles down the Yadkin, who with a party
of men, under the guidance of the Witherspoon brothers returned and
captured Riddle and two of his noted associates, Reeves and Gross, [sic:
Goss] who were taken to Wilkesboro and "executed on the hill adjoining the
village on a stately oak. Mrs. Riddle," who seems to have accompanied her
husband on his wild and reckless marauds, "was present and witnessed his
execution." Wells had been captured and hanged by Cleveland a short time
before.(p. 446)

DAVID AND JOHN WITHERSPOON. Of these heroes Dr. Draper says (p. 461),
"David was a subordinate officer-perhaps a lieutenent- in Cleveland's
regiment at Kings mountain, and his younger brother John was a private."
They were of Scotch origin, but natives of New Jersey. David was born in
1758 and John in 1760. They were collateral relatives of John Witherspoon,
president of Princeton college, and a signer of the Declaration of
Independence. Each afterwards represented Wilkes in the legislature. David
died in May 1828 while on a visit to South Carolina, and John in Wayne
county, Tenn., in 1839. Captain William Harrison Witherspoon, of
Jefferson, was descended from John Witherspoon, and was born near Kings
creek, January 24, 1841. He was a sergeant major of the 1st N. C.
Infantry, was shot in the leg at Seven Pines in 1862, and in the forehead
at Spottsylvania Court House, May 12, 1864, returning for duty in less
than two months. He surrendered with Lee at Appomattox, after serving four
years and nine days in the Confederate army. His wife was born Clarissa
Pennell in Wilkes County. In the Spring of 1865, while seven of Stonemen's
men-three negroes and four white men-were trying to break into her
father's stable near Wilkesboro, for the purpose of stealing her father's
horses and mules, she warned them that if they persisted she would shoot;
and as they paid her no heed, she did actually shoot and kill one of the
white robbers, and the rest fled. Gen. Stoneman, when he heard of her
conduct, sent her a guard and complimented her highly for her courage and
determination.

THE PERKINS FAMILY. J. D. Perkins, Esq., an attorney at Kendrick, Va., in
a letter to his brother, L. N. Perkins, at Boone, N. C., of date December
1, 1913, says that his ancestors Joseph and Timothy Perkins were tax
gatherers under the colonial government of Massachusetts about the
commencement of the Revolutionary War, but removed to Old Fields, Ashe
county on account of political persecution. They remained loyal to the
King during the whole of the Revolutionary War, and Timothy was killed
somewhere in Ashe in a Tory skirmish. Timothy left several sons and one
daughter, Lucy, J. D. Perkins' great grandmother, who married a man named
Young. Joseph also left sons and daughters. "I have forgotten the names of
most of our great grand uncles," wrote J. D. Perkins in the letter above
mentioned, "but I remember to have heard our mother tell about seeing
'Granny Skritch,' a sister to our great-great-grandfather, and who was
very old at that time, and living with one of her Perkins relatives up on
Little Wilson. Our mother was then quite small and the old lady (Granny
Skritch) was very old and confined to her bed; but our mother was
impressed with Granny Skritch's loyalty, even then, to King George, and
the manner in which she abused the Patriot soldiers in her talk."

OTHER IMPORTANT FACTS. Dr. Draper says (p. 435), "In the summer of 1780 he
(Cleveland) was constantly employed in surppressing the Tories-first in
marching against those assembled at Ramsour's mill, reaching them shortly
after their defeat; then in chasing Col. (Samuel) Bryan from the State,
and finally in scouring the region of New River including the Tory rising
in that quarter, capturing and hanging some of their notorious leaders and
outlaws."

CLEVELAND'S CHARACTER. Dr. Draper tries to temper the facts of Benjamin
Cleveland's career as much as possible, but that this hero of the
Revolutionary War was inhumanly cruel, cannot be disguised. His compelling
a horse-thief, socalled-for he had not been tried-to cut off his own ears
with a case knife in order to escape death by hanging, was inexpressibly
revolting.(p. 447) Cleveland lost his "Round About Farm" "by a better
title" at the close of the war, and moved to the "fine region of the
Tugalo on the western border of South Carolina" and "though the Indian
title was not yet extinguished," he resolved to be among the early
squatters of the country, and "removed to his new home in the forks of the
Tugalo river and Chauga creek in the present county of Oconee" in 1785. He
served many years as a "judge of the Court of Old Pendleton county, with
General Pickens and Col. Robert Anderson as his associates, . . .
'frequently taking a snooze on the bench' says Governor B. F. Perry, while
the lawyers were making long and prosy speeches." He was defeated for the
legislature in 1793 by seven votes "He had scarcely any education," and
"was despotic in his nature" declares Dr. Draper; but "North Carolina
deservedly commemorated his services by naming a county after him.Here he
died and was buried; but "no monument-no inscription-no memorial stone-
point out his silent resting place." (p. 453a)

ASHE A BATTLE GROUND. From Robert Love's pension papers it appears that
the first battle in which he took part was when he was in command of a
party of Americans in 1780 against a party of Tories in July of that year.
This band of Tories was composed of about one hundred and fifty men, and
they were routed "up New River at the Big Glades, now in Ashe county,
North Carolina, as they were on the way to join Cornwallis." "In the year
1780 this declarent was engaged against the Torys at a special court first
held on Toms creek down the New river, and afterwards upon Cripple creek;
then up New river...then, afterwards at the Moravian Old Town.... making
an examination up to near the Shal~w Ford of the Yadkin . . . routing two
parties of Tories in Guilford county, hanging one of the party who fell
into his hands up the New River, and another, afterwards, whom they
captured in Guilford." This activity may explain the presence of the
mysteriuos battle ground in Alleghany county. (See ch. 13, "A Forgotten
Battlefield.")

THE BIG GLADES. This may be the Old Field, and it is most probable that
this is the spot reached and lauded by Bishop Spangenberg in 1752. (See
ch. 3, "In Goshen's Land.")

But whether they are identical with that locality or not, the following is
an account of that well-known spot:

SHORT STORY OF AN OLD PLAcE. This land was granted to Luther Perkins by
grant No.599, which is recorded in Ashe county July 28, 1904, Book WW,
page 254. But the grant itself is dated November 30, 1805, while the land
was entered in May, 1803. This tract is the one on which the apple tree
stands under which Cleveland is said to have been captured; but it is
probably not the first tract nor the best, which was conveyed by Charles
McDowell, a son of Gen. Charles McDowell of Revolutionary fame, to Richard
Gentry for $1,000 in 1854. There seems to be several hundred acres in that
boundary, beginning on a Spanish oak in the line of Joseph Perkins's Old
Field Tract, and crossing Gap creek. There is no record in Ashe county, of
how Charles McDowell got this place, though he probably inherited it.
Richard Gentry divided his property into three parts, two in land and one
in slaves. Adolphus Russeau, who married one of Gentry's daughters got the
land now owned by Arthur Phillips. Nathan Waugh got the other tract, while
James Gentry, a son, took the slaves. It was on this 'tract that the first
100 bushels of corn to the acre of land in Ashe county was raised by
Richard Gentry. He was a member of the family of whom Dr. Cox said in his
"Foot Prints," (p. 110): "The Gentry family have been distinguished for
their principles and patriotic love of constitutional liberty and
justice." Of Hon. Richard Gentry himself he said (p. 116): "He married a
Miss Harboard and his residence was at Old Field. He was a Baptist
preacher, justice of the peace and clerk of the Superior Court and a
member of both branches of the legislature."

SWORD-TILT BETWEEN HERNDON AND BEVERLY. "The depredations of the Tories
were so frequent, and their conduct so savage, that summary punishment was
demanded by the exigencies of the times. This Cleveland inflicted without
ceremony. General Lenoir relates a circumstance that occurred at Mulberry
Meeting-house. While there, on some public occasion, the rumor was that
mischief was going on by the Tories. Lenoir went to his horse, tied at
some distance from the house, and, as he approached, a man ran off from
the opposite side of the horse. Lenoir hailed him, but he did not stop; he
pursued him and found that he had stolen one of the stirrups of his
saddle. He carried the pilferer to Colonel Cleveland, who ordered him to
place his two thumbs in a notch for that purpose in an arbor fork, and
hold them there while he ordered him to receive fifteen lashes. This was
his peculiar manner of inflicting the law, and gave origin to the phrase,
'To thumb the notch.' The punishment on the offender above was well
inflicted by Captain John Beverly, whose ardor did not stop at the ordered
number. After the fifteen had been given, Colonel Herndon ordered him to
stop, but Beverly continued to whip the wincing culprit. Colonel Herndon
drew his sword and struck Beverly. Captain Beverly drew also, and they had
a tilt which, but for friends would have terminated fatally."(14)

SHAD LAWS' OAK. There is a tree on the public road in Wilkes, which to
this day bears the name of "Shad Laws' Oak," on which the notches, thumbed
by said Laws under the sentence of Cleveland, are distinctly visible.(15)

SEVIER THE HARRY PERCY OF THE REVOLUTION. When "General Charles McDowell,
finding his force too weak to stop Ferguson," "crossed the mountains to
the Watauga settlements, he found the mountaineers ready to unite against
the hated Ferguson.... These hardy men set out to search for Ferguson on
September 25 (1780). They were armed with short Deckard rifles, and were
expert shots. They knew the woods as wild deer do, and from boyhood had
been trained in the Indian ways of fighting. They furnished their own
horses and carried bags of parched flour for rations."(16)

According to Dr. Lyman C. Draper's "Kings Mountain and Its Heroes," page
176, Sevier followed the Gap creek from Mathew Talbot's Mill, now known as
Clark's Mill, three miles from Sycamore Shoals, "to its head, when they
bore somewhat to the left, crossing Little Doe river, reaching the noted
'Resting Place,' at the Shelving Rock, about a mile beyond the Crab
Orchard, where, after a march of some twenty miles that day, they took up
their camp for the night. . Here a man named Miller resided, who shod
several of the horses of the party." The next morning, Wednesday, the
twenty-seventh (of September, 1780,).... they reached the base of the
Yellow and Roan mountains and ascended the mountain by following the well-
known Bright's Trace, through a gap between the Yellow mountain on the
north and the Roan mountain on the south. The sides and top of the
mountain were "covered shoe-mouth deep with snow." On the 100 acres of
"beautiful table land" on top they paraded and discharged their short
Deckard rifles; "and such was the rarity of the atmosphere, that there was
little or no report." Here two of Sevier's men deserted. They were James
Crawford and Samuel Chambers, and were suspected of having gone ahead to
warn Ferguson of Sevier's approach. Sevier did not camp there, however, as
there was still some hours of daylight left after the parade and
refreshments, but "passed on a couple of miles, descending the eastern
slope of the mountains into Elk Hollow, a slight depression between the
Yellow and Roan mountains, rather than a gap; and here, at a fine spring
flowing into RQaring creek, they took up their camp for the night.
Descending Roaring creek on the 28th four miles they reached its
confluence with the North Toe river, 'and a mile below they passed
Bright's place, now Avery's; and thence down the Toe to the noted spring
on the Davenport place, since Tate's, and now known as the Childs place, a
little distance west of the stream."

HAYWOOD IN THE REVOLUTIONARY WAR. "Long before white people had come into
the mountain country, all the land now included in Haywood county was
occupied by the warlike Cherokees. As the western frontier of
civilization, however, approached the Indian territory, the simple natives
of the hills retired farther and farther into the fasteesses of the
mountains. While the Regulators were resisting Tryon at Alamance and the
patriots under Caswell and Moore were bayonetting the Tories at Moore's
Creek Bridge, the Cherokees of what is now Haywood eounty were smoking
their pipes in peace under the shadows of Old Bald or hunting along the
banks of the murmuring Pigeon and its tributaries.

"When, however, the tide of western immigration overflowed the French
Broad and began to reach the foothills of the Balsams the Cherokees, ever
friendly as a rule to the white man, gave up their lands and removed to
the banks of the Thekaseigee, thus surrendering to their white brothers
all the land eastward of a llne running north and south between the
present town of Waynesrille and the Balsam range of mountains. Throughout
the period of the early settlement of Haywood county and until the present
the most friendly relations have existed between the white people and the
Cherokees.

"Only one incident is given by tradition which shows that any hostile
feeling existed at any time. It is related that a few Indians from their
settlement on the Tuekaseigee, before the close of the eighteenth century,
went across the Smoky mountains into Teunessee sad stole several horses
from the settlers there. A posse of white men followed the redskins, who
came across the Pigeon on their way home, encamped for the night on
Richland near the present site of the Hardwood factory m Waynesville.
While encamped for the night, their white pursuers came up, fired into
them, recaptured the horses, and began their journey back to Tennessee.
The Indians, taken by surprise, scattered, but soon recovered themselves
and went in pursuit of the white men. At Twelve Mile creek they came upon
the whites encamped for the night. Indian fashion they made an attack, and
in the fight which ensued one white man by the name of Fine was killed.
The Indians, however, were driven off. Before leaving their camp next
morning the white men took the body of their dead comrade, broke a hole in
the ice which eovered the creek, and put him in the ice cold water to
remain until they could return for the body. A big snow was on the ground
at the time, and it was bitter cold. From this story Twelve Mile creek
came to be called Fines creek.

"Haywood county's citizenship has always been at the front in times of
war. From the best information obtainable it is quite certain that most of
the earliest settlers had been in the Continental army and fought through
the entire war of the Revolution, and later on many of them were in the
war of 1812. Still later a number of these veterans of two wars moved to
the great and boundless West, where the hazardous life might be spent in
fighting savage tribes of Indians.

"As best it can be learned, only seven of these grand old patriots died
and were buried within the confines of Haywood county, to-wit: at
Waynesville, Colonel William Allen and Colonel Robert Love; at Canton
George Hall, James Abel, and John Messer; at upper Fines creek, Hugh
Rogers; at Lower Fines creek, Christian Messer. There were doubtless
others, but their names have been lost.

"All of these old soldiers were ever ready to fight for their homes. They
came in almost daily contact with the Cherokee Indians, once a great and
warlike tribe controlling the wilderness from the glades of Florida to the
Great Lakes. While these savages were friendly to the settlers it was ever
regarded as not a remote possibility that they might go upon the warpath
at any time. Hence our forefathers had them constantly to watch while they
were subduing the land."(17)

(1. N. C. Booklet, Vol. I, No.7, p.3)

(2. Dropped Stitehes, 2, p.17)

(3. "Ashevllle's Centenary")

(4. McDowell entered land and settled his children near Brevard)

(5. Captian W. M. Hodge's statement to Col. W. L. Bryan of Boone, 1912 in
letter from latter to J. P. A., November 26, 1912)

(6. Thwaites, p. 167)

(7. N. C. Booklet, Vol. I, No. 7)

(8. Wheeler's History of North Carolina, p.444)

(9. He was probably related to "Gentleman George" Perkins who had piloted
Bishop Spangenberg's party in 1752, Col. Rec., Vol. V, pp. 1 to 14)

(10. This tradition is also preserved in the family of Prof. Isaac G.
Greer, professor history in the Appalachian Training School, Boone)

(11. From Col.W.L. Bryan's "Primitive History of the Mountain Region,"
written 1912 for this work)

(12. Wheeler's History of North Carolina, p.444)

(13. N, C. Booklet, Vol. I, No.7, p.27)

(14. Wheeler's History of North Carolina, p.445)
(15. Ibid., citing Mss. of General Wm. Lenoir)

(16. Hill, p.189)

(17. Allen, p.21)



CHAPTER VI.
THE STATE OF FRANKLIN

THE ACT OF CESSION OF TENNESSEE. As Congress was heavily in debt at the
close of the Revolutionary War, North Carolina, in 1784, "voted to give
Congress the twenty-nine million acres lying between the Alleghany
mountains and the Mississippi river."(1) This did not please the Watauga
setlers, and a few months later the legislature of North Carolina withdrew
its gift, and again took charge of its western land because it feared the
land would not be used to pay the debts of Congress. These North Carolina
law makers also "ordered judges to hold court in the western counties,
arranged to enroll a brigade of soldiers, and appointed John Sevier to
command it."(2)

FRANKLIN. In August, 1784, a convention met at Jonesboro and formed a new
State, with a constitution providing that lawyers, doctors and preachers
should never be members of the legislature; but the people rejected it,
and then adopted the constitution of North Carolina in November, 1785, at
Greenville. They made a few changes in the North Carolina constitution,
but called the State Franklin. John Sevier was elected governor and David
Campbell judge of the Superior court. Greenville was made the capital. The
first legislature met in 1785; Landon Carter was the Speaker of the
Senate, and Thomas Talbot clerk. William Gage was Speaker of the House,
and Thomas Chapman clerk. The Convention made treaties with the Indians,
opened courts, organized new counties, and fixed taxes and officers
salaries to be paid in money, corn, tobacco, whiskey, skins, etc.,
including everything in common use among the people.(3)

TENNESSEE'S VIEW OF THE ACT OF CESSION. "The settlers lived and their
public affairs were conducted under the jurisdiction of the County Court
of Pleas and Quarter Sessions for a period of about six years, in a quiet
and orderly manner; but ever since that May day of 1772 when they
organized the first "free and independent government," their dream had
been of a new, separate and independent commonwealth, and they began to be
restless, dissatisfied and disaffected toward the government of North
Carolina. Many causes seemed to conspire to increase their discontent The
first consitution of North Carolina had made provision for a future State
within her limits, on the western side of the Alleghany mountains. The
mother State had persistently refused, on the plea of poverty, to
establish a Superior Court and appoint an attorney general or prosecuting
officer for the inhabitants west of the mountains. In 1784, many claims
for compensation for military services, supplies, etc., in the campaigns
against the Indians, were presented to the State government from the
settlements west of the Alleghanies. North Carolina was impoverished; and,
notwithstanding the fact that these claims were just, reasonable and
honest it was suggested, and perhaps believed, 'that all pretenses were
laid hold of (by the settlers) to fabricate demands against the
government, and that the industry and property of those who resided on the
east side of the mountains were become the funds appropriated to discharge
the debts contracted by those on the west.' Thus it came about that, in
May, l784, North Carolina, in order to relieve herself of this burden
ceded to the United States her territory west of the Alleghanies, provided
that Congress would accept it within two years. At a subsequent session,
an act was passed retaining jurisdiction and sovereignity over the
territory until it should have been accepted by Congress. Immediately
after passing the act of cession, North Carolina closed the land office in
the ceded territory, and nullified all entries of land made after May 25,
1784.

"The passage of the cession act stopped the delivery of a quantity of
goods which North Carolina was under promise to deliver to the Cherokee
Indians, as compensation for their claim to certain lands. The failure to
deliver these goods naturally exasperated the Cherokees, and caused them
to commit depredations, from which the western settlers were of course the
sufferers." (McGhee's History of Tennessee).

"At this session the North Carolina Assembly at lillisboro laid taxes or
assessed taxes and empowered Congress to collect them, and vested in
Congress power to levy a duty on foreign merchandise.

"The general opinion among the settlers west of the Alleghanies was that
the territory would not be accepted by Congress... and that, for a period
of two years, the people in that territory, being under the protection
neither of the government of the United States nor of the State of North
Carolina, would neither receive any support from abroad nor be able to
command their own resources at home--for the North Carolina act had
subjected them to the payment of taxes to the United States government. At
the same time, there was no relaxation of Indian hostilities. Under these
circumstances, the great body of people west of the Alleghanies concluded
that there was but one thing left for them to do, and that was to adopt a
constitution and organize a State government of their own. This they
proceeded to do." (McGhee's History of Tennessee)

SEVIER AND NORTH CAROLINA. In this condition of affairs the State of
Franklin had been organized. The cession act was repealed and a judge sent
to Tennessee to hold court; but there were two rival governments
attempting to exercise power in the Watauga settlement, and there were, in
consequence, frequent clashes, between Col. John Tipton's forces,
representing North Carolina, and those of John Sevier. According to
Roosevelt, from whose history(4) the balance of this count has been taken,
the desire to separate from the States was strong throughout the west
owing to the unche ravages of the Indians and the refusal of the right to
the settlers to navigate the Mississippi. The reason the Watauga settlers
seized upon the first pretext to separate from one mother State was
because most of them were originally from Virginia, and in settling where
they did, supposed they were still on Virginia soil. Then, too, North
Carolina had a weak government, and Virginia was far more accessible to
the pioneers than the Old North State. While Kentucky had settled up after
the Revolutionary War with "men who were often related by ties of kinship
to the leaders of the Virginia legislatures and conventions," the North
Carolina settlers who came to Watauga "were usually of the type of those
who had first built their stockaded hamlets on the bank of the Watauga,
and the first leaders of Watauga continued at head of affairs." Many of
these, including Robertson and Sevier, had been born in Virginia, where
there was intense State pride, and felt little loyalty to North Carolina.
It is, however, but just to say that James Robertson had no part in this
attempt to set up a separate State government, he having already gone to
the French Licks where he had established a government which was as loyal
to North Carolina as its remoteness admitted. North Carolina herself
wished to be rid of the frontiersmen, because it was poor and felt the
burden of the debts contracted in the Indian wars of the border. Then,
too, the jurisdiction of the State courts had not been extended over these
four western counties, Davidson, Washington, Sullivan and Greene, although
they sent representatives to the State legislature at Hillsborough.
Consequently those counties became a refuge for outlaws, who had to be
dealt with by the settlers without the sanction of law. In June 1784 the
legislature passed an act ceding all the western lands to the Continental
Congress, to be void in case Congress did not accept the gift within two
years; but continuing its sovereignty and jurisdiction over the ceded
lands. Even the members from these four counties then in the legislature
of the mother State voted for the cession. It was a time of transition
between the weakness of the Confederation and the adoption of the
constitution of 1787; but North Carolina did not propose to allow this new
State to set up for itself without her formal and free consent. It
therefore set about reducing the recalcitrants to submission, and soon the
last vestige of the Sevier government had become extinct.

COLONEL JOHN TIPTON. Although this gentleman had at first favored the
separation, he had Qpposed putting the act of independence into force till
North Carolina could be given an opportunity to rectify the wrongs
complained of, and it was he who became the leader in the suppression of
Sevier's government. About March, 1788, a writ was issued by North
Carolina courts and executed against Sevier's estate, the sheriff seizing
his negroes, and taking them to the house of Col. Tipton on Sinking creek
for safe keeping.... Sevier, with 150 men and a light field-piece, marched
to retake them and besieged Tipton and from thirty to forty of his men a
couple of days, during which two or three men were killed or wounded. Then
the county lieutenant of Sullivan with 180 militia came to Tipton's
rescue, surprised Sevier at dawn on the last of February, 1788, killing
one or two men and taking two of Sevier's sons prisoners. Tipton was with
difficulty dissuaded from hanging them. This scrambling fight marked the
ignoble end of the State of Franklin. Sevier fled to the uttermost part of
the frontier, where no writs ran, and the rough settlers were devoted to
him. Here he speedily became engaged in the Indian war, during which some
marauding Indians killed eleven women and children of the family of John
Kirk on Little river, seven miles south of Knox ville while Kirk and his
eldest son were absent.

A BLOT ON SEVIER'S ESCUTCHEON. Later on young Kirk joined about forty men
led by Sevier to a small Cherokee town opposite Chuhowa. These Indians
were well known to be have been friendly to the whites, and among them was
Old Tassel, or Corn Tassel, "who for years had been foremost in the
endeavor to keep the peace and to prevent raids on the settlers. They put
out a white flag; and the whites then hoisted one themselves. On the
strength of this, one of the the ceded lands. Even Indians crossed the
river, and on demand of the whites ferried them over. Sevier put the
Indians in a hut, and then a horrible deed of infamy was perpetrated.
Among Sevier's troops was young John Kirk, whose mother, sisters and
brothers had been so foully butchered by the Cherokee, Slim Tom and his
associates. Young Kirk's brutal soul was parched with longing for revenge,
and he was, both in mind and heart too nearly kin to his Indian foes
greatly to care vengeance fell on the wrong-doers or on the innocent. He
entered the hut where the Cherokee chiefs were confined, brained them with
his tomahawk, while his comrades looked on without interfering. Sevier's
friends asserted that he was absent; but this is no excuse. He knew well
the fierce blood-lust of his followers, and it was criminal negligence to
leave to their mercy the friendly Indians who had trusted to his good
faith; and, moreover, he made no effort to punish the murderer."

THE HORROR OF THE FRONTIERSMEN. Such was the indignation with which this
deed was received by the better class of backwoodsmen that Sevier's forces
melted away, and was obliged to abandon a march he had planned against the
Chickamaugas. The Continental Congress passed resoliutions condemning such
acts, and the justices of the court of Abbeville, S. C., with Andrew
Pickens at their head "wrote to the people living on Nollechucky, French
Broad and Holstein" denouncing in unmeasured terms the encroachments and
outrages of which Sevier and his backwoodsmen had been guilty. "The
governor of North Carolina, as soon as he heard the news, ordered the
arrest of Sevier and his associates [for treason] doubtless as much
because of their revolt against the State as because of the atrocities
they had committed against the Indians. . . . The Governor of the State
had given orders to seize him because of his violation of the laws and
treaties in committing wanton murder on friendly Indians; and a warrant to
arrest him for high treason was issued by the courts."

SEVIER IS ARRESTED FOR HIGH TREASON. Sevier knew this warrant, and during
the summer of 1788 led his bands of wild horsemen on forays against the
Cherokee towns, never fighting a pitched battle, but by hard riding taking
them by surprise. As long as he remained on the frontier he was in no
danger; but late in October, 1788, he ventured back to Jonesborough, where
he drajik freely and caroused with his friends. He soon quarreled with one
of Tipton's side, who denounced him for the murder of Corn Tassel and the
other peaceful chiefs. "Finally they all rode away; but when some miles
out of town Sevier got into a quarrel with another man; and after more
drinking and brawling, he went to pass the night at a house, the owner of
which was his friend. Meantime, one of the men with whom he had quarreled
informed Tipton that his foe was within his grasp. Tipton gathered eight
or ten men and early next morning surprised Sevier in his lodgings. Sevier
could do nothing but surrender, and Tipton put him in irons, and sent him
across the mountains to Morganton in North Carolina."

DR. RAMSEY'S ACCOUNT OF THE ARREST. In his Annals of Tennessee (p.427)
this writer copies Haywood's History of Tennessee "The pursuers then went
to the widow Brown's where Sevier was. Tipton and the party with him
rushed forward to the door of common entrance. It was about sunrise. Mrs.
Brown had just risen. Seeing a party with arms at that early hour, well
acquainted with Colonel Tipton, probably rightly apprehending the cause of
this visit, she sat her. self down in the front door to prevent their
getting into the house, which caused a considerable bustle between her and
Colonel Tipton. Sevier had slept near one end of the house and, on hearing
a noise, sprung from his bed and, looking through a hole in the door-side,
saw Colonel Love, upon which he opened the door and held out his hand,
saying to Colonel Love, 'I surrender to you.' Colonel Love led him to the
place where Tipton and Mrs. Brown were contending about a passage into the
house. Tipton, upon seeing Sevier, was greatly enraged, and swore that he
would hang him. Tipton held a pistol in his hand, sometimes swearing he
would shoot him, and Sevier was really afraid that he would put his threat
into execution. Tipton at length becarne calm and ordered Sevier to get
his horse, for that he would carry him to Jonesboro. Sevier pressed
Colonel Love to go with him to Jonesboro, which the latter consented to
do. On the way he requested of Colonel Love to use his influence that he
might not be sent over the mountains into North Carolina. Colonel Love
remonstrated to him against an imprisonment in Jonesboro, for, said he,
'Tipton will place a strong guard around you there; your friends will
attempt a rescue, and bloodshed will be the result'. . . . As soon as they
arrived at Jonesboro, Tipton ordered iron hand-cuffs to be put on him,
which was accordingly done. He then carried the governor to the residence
of Colonel Love and that of the widow Pugh, whence he went home, leaving
Sevier in the custody of the deputy sheriff and two other men, with orders
to carry him to Morganton, and lower down, if he thought it necessary.
Colonel Love traveled with him till late in the evening.

"Before Colonel Love had left the guard, they had, at his request, taken
off the irons of their prisoner.... A few days afterwards James and John
Sevier, sons of the Governor, . . . and some few others were seen by
Colonel Love following the way the guard had gone. . . . The guard
proceeded with him to Morganton where they delivered him to William
Morrison, the then high Sheriff of Burke county.... General McDowell and
General Joseph McDowell...both followed him immediately to Morganton and
there became his securities for a few days to visit friends. He returned
promptly. The sheriff then, upon his own responsibility, let him have a
few days more to visit friends and acquaintances.... By this time his two
sons ... and others, came into Morganton without any knowledge of the
people there, who they were, or what their business was. Court was...
sitting in Morganton and they were with the people, generally, without
suspicion. At night, when the court broke up and the people dispersed,
they, with the Governor, pushed forward towards the mountains with the
greatest rapidity, and before morning arrived at them."

ROOSEVELT REPUDIATES THE SENSATIONAL ACCOUNT. In a foot note on page 226,
Vol. iv, Roosevelt says: "Ramsey first copies Haywood and gives the
account correctly. He then adds a picturesque alternative account-followed
by later writers-in which Sevier escapes in an open court on a celebrated
race mare. The basis for this last account, so far as it has any basis at
all, lies on statements made nearly half a century after the event, and
entirely unknown to Haywood. There is no evidence of any kind as to its
truthfulness. It must be set aside as mere fable." The late Judge A. C.
Avery, in 1889, published in the Morganton Weekly Herald a third account,
to the effect that after having been released on bond a few days Sevier
surrendered himself to the sheriff of Burke and went to jail; that
afterwards, when his case was called the sheriff started with him to the
court, but Sevier's friends managed to get him separated from the sheriff
and to open a way for him to his horse then being held near by. But this,
too, rests upon what old men of thirty years prior to 1889 said their
fathers had told them.

SEVIER'S SECOND TREASON AGAINST THE STATE. Miro in New Orleans and
Gardoqui in Washington, were the chief representatives of Spain in America
in 1778, and the unrest "in the West had taken the form, not of attempting
the capture of Louisiana by force, but of obtaining concessions from the
Spar)ards in return for favors to be rendered to them. Clark and
Robertson, Morgan, Brown and Innes, Wilkinson and Sebastian, were all in
correspondence with Gardoqui and Miro, in the endeavor to come to some
profitable agreement with them. Sevier now joined the number. His new-born
State had died; he was being prosecuted for high treason; he was ready to
go to any lengths against North Carolina; and he clutched at the chance of
help from the Spaniards. At the time North Carolina was out of the Union
(not having yet ratified the Constitution) so Sevier committed no offense
against the Federal Government." So, when Gardoqui heard of the fight
between Sevier's and Tipton's men,he sent an emissary to Sevier, who was
in the mood to grasp "a helping hand stretched out from no matter what
quarter." He had no organized government back of him, but he was in the
midst of his successful Cherokee campaigns, and he knew the reckless
Indian fighters would gladly follow him in any movement, if he had a
chance of success. He felt that if he were given money and arms, and the
promise of outside assistance, he could yet win the day. He jumped at
cautious offers; though careful not to promise to subject him and
doubtless with no idea of playing the part of Spanish vassal longer than
the needs of the moment required. In July he wrote to Gardoqui, eager to
strike a bargain with him, and in September sent him two letters by the
hand of his son, James Sevier, who accompanied White [Gardoqui's emissary]
when the latter made his return journey to the Federal Capital." In one of
these letters he assured Gardoqui "that the western people had grown to
know that their hopes of prosperity rested on Spain, and that the
principal people of Franklin were anxious to enter into an aliance with
and obtain commercial concessions from, the Spaniards. He importuned
Gardoqui for money, and for military aid, assuring him that the Spaniards
could best accomplish their ends by furnishing these supplies immediately,
especially as the struggle over the adoption of the Federal Constitution
made the time opportune for revolt. . . . He sent them to New Orleans that
Miro might hear and judge their plans, nevertheless nothing came of the
project, and doubtless only a few people in Franklin ever knew that it
existed. As for Sevier, when he saw that he was baffled, he suddenly
became a Federalist and an advocate of a strong central government; and
this, doubtless, not because of love of Federalism, but to show his
hostility to North Carolina, which had at first refused to enter the new
Union. Thus the last spark of independent life flickered out in Franklin
proper. The people who had settled on the Indian borders were left without
government, North Carolina regarding them as trespassers on the Indian
territory. They accordingly met and organized a rude governmental machine,
on the model of the Commonwealth of Franklin; and the wild little State
existed as a separate and independent republic until the new Federal
government included it in the territory south of the Ohio."(5)

Washington county sent Sevier as a representative to the North Carolina
legislature in 1789, and late in that session he was reluctantly admitted.
He was also a member of the first Congress of the United States from North
Carolina March 4, 1789 to March 3, 1791, and was elected the first
governor of Tennessee.

SEVIER AND TIPTON. It must be admitted that Sevier had upon the repeal of
the act of session "counselled his fellow citizens to abandon the movement
for a new State"(6) and after the expiration of his term and the collapse
of the Franklin government he wrote to one of the opposing party, not
personally unfriendly to him, that he had been dragged into the Franklin
government by the people of the county; that he wished to suspend
hostilities, and was ready to abide by the decision of the North Carolina
legislature; but that he was determined to share the fate of those who had
stood by him, whatever it might be. 7 John Tipton, on the other hand,
while favoring the formation of an independent State at the outset, voted
against putting the new government into immediate operation, presumably
because he hoped that when the mother State realized the seriousness of
the defection in Watauga, she would remedy the wrongs of which the
frontiersmen had complained. In this he was right; but when in November,
1785, the convention met at Greenville to provide a permanent constitution
for the new State, he favored the adoption of a much more radical charter
as a remedy for the ills under which the people suffered than Sevier,
whose influence secured the adoption of the constitution of the very State
from which the western people had withdrawn. To some this document favored
by Tipton seems absurd, but it had been drawn by no less a man than the
redoubtable Sam Houston, afterwards president of the Republic of Texas.
[This is in error, the Sam Houston here was the father of the Sam Houston,
President of the Republic of Texas].

JAMES ROBERTSON. In May, 1771, James Robertson, his brother Charles, and
sixteen famIlies from Wake county reached Watauga, preceding Sevier by
about one year. Robertson at once became the brains of the settlement--its
balance wheel, so to speak. Robertson and Sevier proved themselves to be,
"with the exception of George Rogers Clark; the greatest of the first
generation of trans-Alleghany Pioneers" for they were the fathers of the
first self-governing body in America.

For there on the banks of the sparkling Watauga
Was cradled the spirit that conquered the West--
The spirit that, soaring o'er mountain and prairie,
E'en on the Pacific shore paused not for rest.

In 1779-1780 he founded the Cumberland settlement where Nashville now
stands, and Roosevelt gives him the chief credit for the tuition under
which those frontiersmen were governed from the first,(8) though Richard
Henderson was present, counselling and aiding. When, however, Henderson's
title proved null, he returned home, while Robertson remained, and piloted
the settlers through the dangers of that early day. Thus, though he had no
share in Kings Mountain, he was at that time doing a work quite as
important as fighting the British; for he was guiding the most remote of
the western settlements in America on the difficult path of self-
government.

SEVIER'S SPRING AT BAKERSVILLE. There is a fine spring at Bakersville,
nearly in front of the old Penland House, now the Young hotel, at which it
is said that Sevier and his party stopped and rested after leaving
Morganton. About 1850 an old sword was found near this spring, and was
supposed to have been lost by one of these mountaineers. They reached
Cathey's, or Cathoo's, plantation that night, after coming 20 miles from
Elk Hollow, at the mouth of a small eastern tributary of the North Toe
flowing north from Gillespie's gap, and called Grassy creek. Here they
camped. It is near what is now Spruce Pine on the line of the Carolina,
Clinchfield and Ohio Railroad. "On Friday the 29th they passed up Grassy
creek and through Gillespie's gap in the Blue Ridge, where they divided;
Campbell's men, at least, going six or seven miles south to Henry
Gillespie's, and a little below to Colonel William Wofford's Fort, both in
Turkey Cove; while the others pursued the old trace in a easterly
direction, about the same distance, to the North Cove, on the North Fork
of the Catawba, where they camped for the night in the woods, on the bank
of that stream, just above the mouth of Honeycutt's creek."

SYCAMORE SHOALS MONUMENT. Monuments have been placed along this route to
mark it permanently; Sycamore Shoals, Tennessee, at Elk Hollow, at the
mouth of Grassy creek near Spruce Pine, and at the junction of Honeycutt's
creek and the North Fork, near a station on the C. C. & O. Railroad known
as Linville Falls. The monument at Sycamore Shoals is beautiful, and was
erected September 26, 1909 by Bonny Kate, John Sevier and Sycamore Shoals
chapters D. A. R. Here it was that the patriots on their way to Kings
Mountain assembled under Sevier, Shelby and Campbell, September 25, 1780.
On the southern face is the inscription: "The Sword of the Lord and of
Gideon." Also a statement that Fort Watauga, the first settlers' fort
biult west of the Alleghanies, was erected here in 1770. Also a statement
that "Here was negotiated the Treaty of Sycamore Shoals under which
Transylvania was acquired from the Cherokees, March 19, 1775."

ROBERT LOVE. He was born near the Tinkling Spring Meeting house, Augusta
county, Va., May 11, 1760. His father was Samuel, on of Epbraim Love,
captain of the Colonial Horse; and his mother Dorcas, second daughter of
James Bell, to whom had been issued on the formation of Augusta county,
October 30, 1745, a "commission of the Peace."(9) Samuel Love and Dorcas
Bell were married July 3, 1759. Robert Love was christened by Rev. John
Craig, who was pastor of the Tinkling Spring church from 1740 to 1764.(10)
It was at this old church that the eloquent James Waddell, afterwards
immortalized by Wm. Wirt, was pastor for several years, though he did not
become "The Blind Preacher" till after the Revolutionary War and he had
removed to Gordonsville, his blindness having been caused by cataract.
Robert Love's pension papers show(11) that he was on the expedition under
Col. Christie in 1776 against the Cherokees; that he was at Fort Henry on
Long Island of the Holston in 1777; that he was stationed in 1778 at the
head of the Clinch and Sandy rivers (Fort Robertson), and operated against
the Shawnees from April to October; that from 1779 to 1780 he was engaged
against the Tories on Tom's creek, New River, and Cripple creek, at
Moravian Old Town, and at the Shallow ford of the Yadkin, under Col. Wm.
Campbell; that in 1781 he was engaged in Guilford county "and the
adjoining county" against Cornwallis, and "was in a severe battle with his
army at Whitesell mill and the Rudy ford of the Haw river, under Gen.
Pickens; that from this place, with Capt. Wm. Doach, he was sent back
"from the rendezvous at the Lead Mines to collect and bring more men;"
that in 1782 he "was again stationed out on the frontiers of the Clinch,
at Fort Robertson...from June to October." He was living in Montgomery,
now Wythe county, Va., when he entered the service in 1776, and after the
Revolutionary War, his parents being dead, he moved with Wm. Gregory and
his family to Washington county, N. C. (now Tennessee), in the fall of
1782. Having moved to Greasy Cove, now Erwin Tenn., he married Mary Ann
Dillard, daughter of Col. Thomas Dillard of Pittsylvania county, Va., on
the 11th day of September, 1783; and on the 5th of April, 1833, he made
application for a pension under the act of Congress of June 7, 1832,
attaching his commission signed by Ben. Harrison, governor of Virginia;
but, a question having arisen as to the date of this commission Andrew
Jackson wrote from The Hermitage on October 12, 1837, to the effect that
he had known Col. Love since the fall of 1784, and that there "is no man
in this Union who has sustained a higher reputation for integrity than
Col. Robert Love, with all men and with all parties, although himself a
uniform democratic Republican, and that no man stands deservedly higher as
a man of great moral worth than Col. Love has always stood in the
estimation of all who knew him." Even this endorsement, however, did not
serve to secure the pension; but when E. H. McClure of Haywood filed an
affidavit to the effect that the date of the commission was 1781 or 1782,
official red-tape had no other refuge, and granted the pension. He was a
delegate to the Greenville convention of the State of Franklin, December
14, 1784, and voted to adopt the constittiion of North Carolina instead
of that proposed by Sam Houston.(12) In 1778 he was engaged against the
Chickamauga Indians as colonel of a regiment operating near White's
fort.(13)

He also drew a pension from the State Colonial Records, Vol. xxii, p.74).
He and John Blair represented Washington county (formerly the State of
Frankin) in the. North Carolina legislature in November, 1889 (Ibid., Vol.
xxi, p. 194). Later in the same session John Sevier appeared and was sworn
in as an additional representative from the same county (Ibid., pp.
58~85). Love was also a justice of peace for Washington county in October,
1788. (Ibid., Vol. xxii, p. 702); and the journal of the North Carolina
State convention for the ratification of the constitution of the United
States shows that Robert Love, Landon Carter, John Blair, Wm. Houston and
Andrew Green were delegates, and that Robert Love voted for its adoption.
(Ibid., Vol. xxii, pp. 36, 39, 47, 48).

He moved to Buncombe county, N. C., as early as 1792, and represented that
county in 1793, 1794, 1795(14) in the State Senate. According to the
affidavit of his brother, Gen. Thos. Love, Robert Love "was an elector for
president and vice-president when Thomas Jefferson was elected, and has
been successively elected ever since, down to (and including) the election
of the present chief magistrate, Andrew Jackson."(15) This affidavit is
dated April 6, 1833. In a letter from Robert Love to William Welch, dated
at Raleigh, December 4, 1828, he says that all the electors were present
on the 3d "and gave their votes in a very dignified manner and before a
very large concourse of people," the State House being crowded.(16)
Fifteen cannon were fired "for the number of electoral votes and one for
the county of Haywood, and for the zeal she appeared to have had from the
number of votes for the Old Hero's Ticket. It was submitted to me to bring
forward a motion to proceed to ballot for a president of the United States
...and of course you may be well assured that I cheerfully nominated
Andrew Jackson.... I was much gratified to have that honor and respect
paid me. From the most authentic accounts.... Adams will not get a vote
south of the Potomac or west of the mountains. Wonderful what a majority!
For Jackson 178 and Adams only 83, leaving Jackson a majority of 95 votes.
So much for a bargain and intrigue."(17) The reason for firing an extra
gun for Haywood county was because that county had cast a solid vote for
Robert Love as elector for Andrew Jackson, such staunch Whigs as William
Mitchell Davidson and Joseph Cathey having induced their fellow Whigs to
refrain from voting out of regard for their democratic friend and
neighbor, Robert Love. He carried the vote to Washington in a gig that
year. He named the town of Waynesville for his friend "Mad" Anthony Wayne,
with whom he had served at Long Island during the Revolution.

In 1821 he was one of the commissioners who ran the boundary line between
North Carolina and Tennessee from Pigeon river south. On the 14th day of
July, 1834, he was kicked on the hip by a horse while in Green county,
Tenn., and so crippled that he had to use a crutch till his death.(18) The
gig, too had to be given up for a barouche, drawn by two horses and driven
by a coachman. His cue, his blue swallow-tailed coat, and knee breeches
with silver knee-buckles and silk stockings are remembered yet by a few of
the older people. He died at Waynesville, July 17, 1845," loved by his
friends and feared by his enemies."(19) He was largely instrumental in
having Haywood county established, became its first clerk, defeating Felix
Walker for the position; and in 1828, he wrote to Wm. Welch (December 4)
from Raleigh: "The bill for erecting a new county out of the western part
of Burke and northeastern part of Buncombe after severe debate fell in the
house of commons, on its second reading by a majority against it of three
only. The bill for the division of Haywood county was passed the senate
the third and last reading by a majority of seven; and, I suppose,
tomorrow it will be taken up in the house of commons and in a few days we
will know its fate. I do not like the division line, but delicacy closes
my mouth for fear its being construed that interest was my motive."(20)

He left an estate which "at one time was one of the largest estates in
North Carolina."(21) "He acquired great wealth and died respected, leaving
a large fortune to his children." He was the founder of Waynesville.
"Besides the sites for the public square, court-house and jail, land for
the cemetery and several churches was also the gift of Col. Love." Of him
and his brother Thomas, Col. Allen T. Davidson said:(22) "These two men
were certainly above the average of men, and did much to plant
civilization in the county where they, lived, and would have been men of
mark in any community."

EDMUND SAMS. In "Asheville's Centenary," Dr. Sondley tells us that this
pioneer was "one of the first settlers who came from Watauga," and
established a ferry at the place where the French Broad is now crossed by
Smith's Bridge; had been in early life an Indian fighter, and lived on the
westem side of the French Broad at the old Gaston place. He was later a
soldier in the Revolution. In 1824 his son Beoni Sams represented Buncombe
in the House.

GENERAL THOMAS LOVE. He was a brother of Robert Love, and was born in
Agusta county, Va., November 15, 1765. The date of his death is not
accurately known, as he removed to Maury county, Tenn., about 1833.(23)
Prof. W. C. Allen, in his "Centennial of Haywood County", says (p.55) that
he was a soldier of the Revolution, and served under Washington," but this
must have been towards the close of that struggle, as he could not have
been quite eleven years of age on the 4th of July, 1776.(24) At the close
of that war, however, "he went to East Tennessee and was in the Sevier-
Tipton war when the abortive State of Franklin was attempted."(25)

Ramsey's "Annals of Tennessee" (p. 410) records the fact that on one
occasion one of Tipton's men had captured two of Sevier's sons, and would
have hanged them if Thomas Love had not argued him out of his purpose. He
was one of Tipton's follow'ers, but he showed Tipton the unworthiness of
such an act. "He came to what is now Haywood county about the year 1790.
When Buncombe was formed in 1791 he became active in the affairs of the
new county," continues Prof. Allen. In 1797 he was elected to the house of
commons from Buncombe, and was re-elected till 1808, when Haywood was
formed, largely through his efforts. There is a tradition(26) that in 1796
he had been candidate against Philip Hoodenpile who represented Buncombe
in the commons that year, but was defeated. For Hoodenpile could play the
violin, and all of Love's wiles were powerless to keep the political
Eurydices from following after this fiddling Orpheus. But Love bided his
time, and when the campaign of 1797 began he charged Hoodenpile with
showing contempt for the common herd by playing the violin before them
with his left hand; whereas, when he played before "the quality," as Love
declared, Hoodenpile always performed with his right hand. This charge was
repeated at all the voting places of the county, which bore such
significant names as Upper and Lower Hog Thief, Hardscrabble, Pinch
Stomach, etc. Hoodenpile who, of course, could play only with his left
hand, protested and denied; but the virus of class-feeling had been
aroused, and Hoodenpile went down in defeat, never to rise again, while
Love remained in Buncombe. "From the new county of Haywood General Love
was one of the first representatives, the other having been Thomas Lenoir.
Love was continuously re-elected from Haywood till 1829, with the
exception of the year 1816. Who it was that defeated him that year does
not appear, though John Stevenson and Wm. Welch were elected to the house
and Hodge Raborne to the senate. This Hodge Raborne was a man of influence
and standing in Haywood county, he having been elected to the senate not
only in 1816, but also from 1817 to 1823, inclusive, and again in 1838;
but whether it was he or John Stevenson who defeated Thomas Love, or
whether he ran that year or no, cannot now be determined.(27) William
Welch was a nephew by marriage of Thomas Love, and it is not likely that
he opposed him. Gen. Love moved to Macon county in 1830, where his wife
died and is buried in the Methodist church yard of the town of Franklin.
He was one of the commissioners for North Carolina who ran the line
between this State and South Carolina in 1814.(28) "He resided in Macon
for several years, and then removed to the Western District of Tennessee;
was elected to the legislature from that State, and was made presiding
officer of the senate. He was a man of very fine appearance, more than six
feet high, very popular, and a fine electioneer. Many amusing stories are
told of him, such as carrying garden seeds in his pocket, and distributing
them" with his wife's special regards to the voter's wife.(29) His service
in the legislature for such an unprecedented length of time was due more
to his genial manner and electioneering methods, perhaps, than to his
statesmanship; though, unless he secured what the voters most desired he
would most probably have been retired from public life. He never was so
retired.

A CURIOUS BIT OF HISTORY. William Blount, a native of this State and
brother of John Gray Blount to whom so much land had been granted, was
territorial governor of Tennessee until it became a State, and was then
elected one of its first senators; but served only from 1796 to 1797. He
was charged in the United States senate with having entered into a
conspiracy to take Louisiana and Florida from Spain and give them to
England in the hope that England would prove a better neighbor than had
Spain, which had restricted the use of the Mississippi. Articles of
impeachment were brought against him in 1797 by the House, and on the day
after he was expelled by the Senate. But the impeachment trial was to have
proceeded, and an officer was sent to arrest him. But Blount refused to
go, those summoned to aid the officer refused to do so, and the trial
would have proceeded without him in December 1798 if Blount's attorney had
not appeared after the Senate had formed itself into a court and filed a
plea that Blount had not been an officer of the United States when the
offence charge was committed, and it was decided, 14 to 11, that the
Senate had no jurisdiction, on the ground that a senator is not a civil
officer of the United States. The specific charge was that Blount had made
an attempt to carry into effect a hostile expedition in favor of the
British against the Spanish possessions in Florida and Louisiana, and to
enlist certain Indian tribes in the same.(30)

(1. Hill, p.215)
(2. Ibid)

(3. Dropped Stitehes, 25; McGee, p.80)

(4. Roosevelt, Vol. IV, ch. 4)
(5. Ibid., 231)
(6. Ibid., 182)
(7. Ibid., 211)
(8. Ibid., Vol. III, 26)

(9. Waddell (First Edition), 20, 30, 33, 210, et seq. Ibid. (Second
Edition), 288)

(10. Augusta county records)

(11. Pension office files)

(12. Dropped Stitches, 28)

(13. Ramseey, 417, 427)

(14. W. C. Allen's "Centennial of Haywood county" p.52)

(15. Robert Love's Pension Papers)

(16. "Published in Waynesville Courier, but dat~f publication not known,
except that it was about 1895, probably)

(17. "This refers to the alleged "puritan and blackleg trade" between
Adams and Clay four years before)

(18. W. C. Allen's "Centennial of Haywood County," 1908, p.51)
(19. Ibid., p.52)

(20. Private letter)

(21. W. C. Allen's "Centennial of Haywood County," p. 52)

(22. Col. A. T. Davidson's "Remimscenses in The Lyceum," January, 1891)

(23. Prof. Allen says that he died about 1810, but he signed an affidavit
in April 6, 1882, in Robert Love's pension matter)

(24. Altbough but a boy, he was a private in the Continental Line. Col.
Rec., Vol. XXII, 73)

(25. Allen, 58)

(26. Statement of Capt. J. M. Gudger, Sr)

(27. Wheeler, 54, 208. There is no other record that approaches this. Col.
A. T. Davidson in Lyceum, January, 1891)

(28. Rev. Stat. N. C., 1817, Vol. II, p.87)

(29. "The Lyceum, p.9, January, 1891)

(30. Manual of the constitution of the United States, by Israel Ward
Andrews, pp.199, 200)



CHAPTER VII.
GRANTS AND LITIGATION

PUBLIC LANDS. Immediately upon the declaration of independence the State
began to dispose of its immense tracts of vacant lands. It was granted at
first in 640-acre tracts to each loyal citizen with one hundred additional
acres to his wife and each child at five cents per acre; but for all in
addition to that amount, ten cents per acre was charged, if the additional
land was claimed within twelve months from the end of the session of the
legislature of 1777.(1) The price was expressed in pounds, two pounds and
ten shillings standing for the tower and five pounds for the higher price.
Ten cents was the charge for all lands in 1818. No person in Washington
county, however, could take more than 640 acres and 100 additional for
wife and each child,(2) until the legislature should provide further; but
the county was ceded as part of Tennessee before this restriction was
removed. When the State acquired the Cherokee lands it reduced the price
per acre in 1833 to five cents per acre again; but it was afterwards
restored to ten cents, where it remained for a long time. There is also a
curious proviso in the act of 1779 (ch. 140, s. 5) to the effect that no
person shall be entitled "to claim any greater quantity of land than 640
acres where the survey shall be bounded in any part by vacant land, or
more than 1,000 acres between the lines of lands already surveyed and laid
out for any other person." Both the provision for the payment of five
pounds for all in excess of 640 acres, etc., in any one year, and this
last proviso, seem to have been disregarded from the first; for in 1796
the State granted to John Gray Blount over one million acres in Buncombe
for fifty shillings a hundred acre. Under a statute allowing swamp lands
to be granted in one body land speculators laid their entries adjoining
each other in 640-acre tracts, and took out one grant for the entire
boundary.(3) These large tracts usually excepted a considerable acreage
from the boundary granted, which acreage had been determined by the
secretary of state from the surveys made upon the warrants; but unless the
grants themselves showed upon their faces the number of acres of each
tract and the names of the grantees to the excepted lands, the grantees
could not show title by proving dehors that their land lay within the
limits of the granted tract, as such excepted acreage merely leas held to
be too vague to confer title; but the boundaries of these excepted tracts
could be determined by the Secretary of State and shown by certified
copies from his office.(4)

CHEROKEE LANDS. Up to 1826 all lands had been ranked alike; but with the
acquisition of the large Cherokee territory, with bottom, second bottom,
hill, timber, mountain and cliff lands, a classification was imperative.
So in that year commissioners were appointed to ascertain all the Cherokee
lands that were worth more than fifty cents an acre, lay them off into
sections containing from fifty to three hundred acres, and to note the
quality of the land, stating whether it was first, second or third.(5) But
this limited classification was soon found to be inadequate, and in 1836
commissioners were required to ascertain all unsold Cherokee lands as
would sell for 20 cents per acre and over, and divide them into sections
or districts and expose them for public sale; lands of the first quality
to be sold for four dollars per acre; lands of the second quality for two
dollars per acre; lands of the third quality for one dollar per acre;
lands of the fourth quality for fifty cents per acre and lands of the
fifth quality for not less than twenty cents per acre.(6) The surveyor was
also required to note in his field book the mines, mineral springs, mill
seats, and principal water-courses; and to make three maps before November
1, 1837, one of which was to be deposited in the governor's office, the
second in the office of the secretary of state, and the third in the
office of the county clerk of the county of Macon. All the lands worth
less than twenty cents per acre were denominated vacant and unsurveyed
lands, but they could be entered while those classified could be bought
only at auction.

HOW LANDS WERE TO BE SURVEYED. These surveyed and classified tracts were
to be bounded by natural boundaries or right lines running east and west,
north and south, and to be an exact square or oblong, the length not to
exceed double the breadth, unless where such lines should interfere with
lands already granted or surveyed, or should bound on navigable water, in
which last case the water should form one side of the survey, etc.

PREFERENCES. Those who had made entries under the crown or Lord Granville,
or, who, since his death had made improvements on the lands were to have
preference in entering them.(7)

INDIAN BOUNDS.(8) In 1778 (ch. 132) it was provided that no lands within
the Indian boundaries should be entered, surveyed or granted, and those
boundaries were described as starting from a point on the dividing line
agreed upon between the Cherokees and Virginia where the Virginia and
North Carolina line shall cross the same when run; thence a right line to
the north bank of the Holston river, at the mouth of Clouds creek, which
was the second creek below the Warrior's ford at the mouth of Carter's
valley; thence a right line to the highest point of High Rock or Chimney
Top; thence a right line to the mouth of Camp or McNamee's creek on the
south bank of Nollechucky river, about ten miles below the mouth of Great
Limestone; and from the mouth of Camp creek a southeast course to the top
of the Great Iron mountain; and thence a south course to the dividing
ridge between the waters of French Broad and Nollechucky rivers; thence a
southwestwardly course along said ridge to the Blue Ridge, and thence
along the Blue Ridge to the South Carolina line. This excluded from entry
and grant all of the mountain region west of the Blue Ridge that was south
of the ridge between the French Broad and the Nollechucky rivers; but
opened a territory now covered by the counties of Alleghany, Ashe,
Watauga, Avery, Mitchell and a part of Yancey; and a good deal of the
northeastern corner of what is now Tennessee.

HOUSES OF WORSHIP ON VACANT LANDS.(9) All churches on vacant lands were
given outright to the denominations which had built them, together with
two acres adjoining.

OFFICERS AND SOLDIERS OF THE CONTINENTAL LIVE. In 1782 (ch. 173), each
soldier and officer of the Continental line, then in service and who
continued to the end of the war; or who had been disabled in the service
and subsequently all who had served two years honorably and had not
reenlisted or had been dropped on reducing the forces, were given lands as
follows:

Privates 640 acres each; Non-commissioned officers 1000 acres each;
Subalterns 2560 each; Captains 3840 each; Majors 4800 each; Lieut.Colonels
7200 each; Lieut.-Colonel Commanders 7200 each; Colonels 7200 each;
Brigadiers 12000 each; Chaplains 7200 each; Surgeons 4800 each; and
Surgeons Mates 2560 each. Three commissioners and a guard of 100 men were
authorized to lay off these lands without expense to the soldiers.

LANDS FOR SOLDIERS OF THE CONTINENTAL LINE. In 178:3 (ch. 186), the
following land was reserved for tile soldiers and officers of the
Continental line for three years: Beginning on the Virginia line where
Cumberland river intersects the same; thence south fifty-five miles;
thence west to the Tennessee river; thence down the Tennessee river to the
Virginia line; thence with the Virginia line east to the beginning." This
was a lordly domain, embracing Nashville and the Duck river country which
was largely settled up by people from Buncombe county, including some of
the Davidsons and General Thomas Love, who moved there about 1830. For it
will be remembered that in the act of cession of the Tennessee territory
it was expressly provided that in case the lands laid off for "the
officers and soldiers of the Continental line" shall not "contain a
sufficient quantity of lands for cultivation to make good the quota
intended by law for each, such officer or soldier who shall fall short of
his proportion shall make up the deficiency out of the lands of the ceded
territory." But, while preference was given to the soldiers in these
lands, they were not restricted to them, but could enter and get grants
for any other land that was open for such purposes.

THE FOREHANDEDNESS OF CERTAIN OFFICERS. From Hart's "Formation of the
Union," Sec. 51, we learn that although Congress had provided bounty lands
for the soldiers of the Revolution, our officers demanded something better
for themselves; and, to appease them, Congress, on the 26th of April,
1778, had voted them half pay for life, as an essential measure for
keeping the army together. This caused great dissatisfaction; but on the
10th of March, 1783, the so-called "Newburgh Address" appeared. This
anonymous document urged the officers of the army not to separate until
Congress had done justice to them; and on the 22d of March following,
Washington used his influence to induce Congress to grant the officers
full pay for the ensuing five years. This was done; but as the treasury
was empty, certificates of indebtedness were issued in lieu of cash. These
certificates bore interest. But in June, 1783, 300 mutineers surrounded
the place of meeting of Congress, and demanded a settlement of the back
pay; and the executive council of Pennsylvania declined to disperse them.
This caused Congress to leave Philadelphia forever.

REVOLUTIONARY PENSIONS. On August 26, 1776, Congress promised, by a
resolution, to the officers and soldiers of the army and navy who might be
disabled in the service, a pension, to continue during the continuance of
their disabilities; and on June 7, 1785, recommended that the several
States should make provision for the army, navy and militia pensioners
resident within them, to be reimbursed by Congress. On September 29, an
act was passed providing that the military pensions which had been granted
and paid by the States, respectively, in pursuance of the foregoing acts,
to invalids who were wounded and disabled during the late war, should be
paid by the United States from the fourth day of March, 1789, for the
space of one year; and the act of March 26, 1790, appropriated $96,000.72
for paying pensions which may become due to invalids. The act of April 30,
1790, provides for one-half pay pensions to soldiers of the regular army
disabled while in line of duty; and the act of July 16, 1790, provides
that the military pensions which have been granted and paid by the States
respectively shall be continued and paid by the United States from the
fourth of March, 1790, for the space of one year.

The first general act providing for the pensioning of all disabled in the
actual service of the United States during the Revolutionary War was the
act approved March 10, 1806, which was to remain in force but six years,
but was subsequently extended and kept in force by acts of April 25, 1812,
May 15, 1820, February 4, 1822, and May 24, 1828.(11)

LAND SPECULATION. Immediately after the formation of Buncombe the rush
began, and large grants were issued to Stokely Donelson, Waightstill
Avery, William Cathcart, David Allison and John Gray Blount, besides many
others. The Flowery Garden tract on Pigeon was regarded as of the finest
quality of land, and was granted to one of the McDowells. As the
boundaries of the Cherokees were moved westward the same greed for land
continued, and many large boundaries were entered, Robert and James R.
Love of Waynesville having obtained tracts-those belonging to the Love
speculation in 1865 containing in Haywood two hundred thousand, in Jackson
fifty thousand, and one hundred and twenty-five thousand acres, in two
tracts in Swain; a total of 375,000 acres in all.

ENLARGEMENT OF THE WESTERN BOUNDARY.(12) In 1783 (ch. 185) the western
boundary was enlarged so as to take in all lands south of the Virginia
line and west of the Tennessee river to the Mississippi, then down that
stream to the 35th parallel of north latitude; thence due east to the
Appalachian mountains, and thence with them to the ridge between the
French Broad and the Nollechucky [sic] river, and with that line till it
strikes the line of the Indian Hunting grounds, set forth in chapter 132
of the laws of 1778. This, however, was superceded by the Act of Cession,
1789, ch. 299, accepted by Congress, April 2, 1790, Vol. II, p. 85, note
on p. 455.

ENTRIES WEST OF THE MISSISSIPPI VOID.(13) It would seem that some of our
enterprising citizens had been entering lands west of the Mississippi
river at some time prior to 1783, for there is an act of that year (ch.
185) which declares that all entries of land heretofore made, or grants
already obtained, or which may be hereafter obtained in consequence of the
aforesaid entries of land, to the westward of the line last above
described in this act ...are hereby declared to be null and void...."

ENTRIES OF INDIAN LANDS VOID.(14) Section 5 of the act of 1783 (ch. 185)
reserves certain of the lands to the Indians, which embrace part of the
enlarged western boundary, with the Pigeon river as the eastern boundary,
including the ridge between its waters and those of the Tuckaseegee river
to the South Carolina line. All entries of such lands were void and all
hunting and ranging of stock thereon were prohibited. But all other lands
not reserved to the Indians were subject to entry; but at the price of
five pounds per hundred acres.

ENTRY TAKER'S OFFICE CLOSED IN 1784.(15) By chapter 196 of the laws of
1784 North Carolina passed an act to remove all doubts as to the ceded
territory of Tennessee by expressly retaining jurisdiction over it till
Congress should accept it; but until Congress did accept it it was
considered "just and right that no further entries of lands within the
territory aforesaid should be allowed until the Congress [should] refuse
the cession." Therefore, it closed the entry taker's office and declared
void all entries made subsequent to the 25th of May, 1784, John Armstrong
having been the entry-taker; except "such entries of lands as shall be
made by the commissioners, agents and surveyors who extended the lines
allotted to the Continental officers and soldiers, and the guards and
hunters, chain-carriers and markers" who had allotted the lands to the
soldiers. This, however, applied only to the ceded territory of Tennessee.

GRANTS TO JOHN GRAY BLOUNT AND DAVID ALLISON. Two of the largest grants of
land 'Vest of the Blue Ridge were to John Gray Blount of Beaufort, North
Carolina, and David Allison. The grant to Blount called for 320,640 acres
and is dated November 29, 1796.(16) It began in the Swannanoa gap and ran
to Flat creek, and thence to Swannanoa river and to its mouth; thence down
the French Broad to the Painted Rock; thence to the Bald mountain, thence
to Nollechucky river, or Toe, thence to Crabtree creek, and thence to the
beginning. The grant to David Allison is for 250,240 acres and is dated
November 29, 1796.(17, 18) This land lies on Hominy creek, Mill's and
Davidson's rivers, Scott's creek, Big Pigeon and down it to Twelve-Mile
creek to the French Broad and to the beginning. These lands were sold
September 19, 1798, by James Hughey, Sheriff of Buncombe, for the taxes of
1796, and were purchased by John Strother of Beaufort for 115[pounds?], 15
shillings, and the Sheriff gave him a deed dated September 29, 1798.(19)
Strother sold some of these lands and made deeds to them, and in each deed
he recited this Sheriff's deed as his source of title."(20) Strother was
the friend and agent of John Gray Blount, and it is not clearly known why
this large body of land was suffered to go on sale for the non-payment of
taxes, only to be bought in by the man whose duty it had been, presumably,
to see that the taxes were paid. But it is certain that, on the 22d of
November, 1806, Strother made his last will (describing him self as of
Buncombe county) and devised all of the lands he had received through
Sheriff Hughey's deed as formerly be longing to John Gray Blount to that
gentleman, describing him as his "beloved friend." This will was admitted
to probate in Davidson County, Tennessee, March 1, 1816, and later on in
Haywood and Madison counties, North Carolina. It was executed according to
North Carolina laws of that date; but only one of the two subscribing
witnesses to it was examined and he omitted to state that he had
subscribed his name in the presence of the other subscribing witness.
Chapter 52 of the Private Laws of 1885 validated this defective probate.
The constitutionality of the act was questioned nevertheless, in
Vanderbilt v. Johnston (141 N. C., p. 370) but upheld by the Supreme Court
on the ground that only- the heirs of Blount or Strother could object to
the probate.

LOVE SPECULATION. After the death of Strother, Robert Love became the
agent of the executors of J. G. Blount for the sale of these lands,(21)
but, on the 10th of December, 1834, these executors conveyed what was left
of the Blount lands to Robert and James R. Love of Haywood county for $3,
000. This deed, however, was not recorded till October 5, 1842, it having
been probated by the late R. M. Henry, a subscribing witness, before
Richmond I. Pearson, October 2, 1839, who for years was the Chief Justice
of this State.(22)

THE CATHCART GRANTS. Other large tracts were granted to William Cathcart
in July, 1796, 33,280 at the head of Jonathan's creek, and covering
Oconalufty and Tuckaseegee river; 49,920, on Tuckaseegee river and Cane
creek, "passing Wain's sugar house in a sugar tree cove," and a like
acreage on Scott's and Cane creeks. Much of this lay west of the divide
between the headwaters of Pigeon river and those of Tuckaseegee river in
what is now Jackson, and which was not subject to entry and grant in July,
1796, because it had been reserved to the Cherokee Indians by North
Carolina by an act of 1783. (Sec. 2347, Code of N. C.) The State being the
sovereign, the fee in such lands reverted to it whenever a new treaty with
the Indians removed their boundary further west; which had happened by the
treaty of Holston made in July, 1791, and that of Tellico, made
afterwards. If Cathcart had taken out a new grant to this part of the land
after that treaty his title thereto would have been good. But he did not.

LATIMER v. POTEET. The question as to the validity of the Cathcart grant
to land west of that divide came up in Latimer v. Poteet (14 Peters U. S.
Reports, p. 4), in which it was decided that while there may have been
doubt as to the location of the eastern line of the Cherokees-subsequently
known as the Teigs and Freeman line-the parties to that treaty had the
right to determine disputes as to its location and remove uncertainties
and defects, and that private rights could not be interposed to prevent
the exercise of that power; which was tantamount to saying that Cathcart's
title to that part of the land was null.

BROWN v. BROWN.(24) But, as land grew more valuable on account of the
timber on it, the same question was brought up in the State court when a
grant was taken to a part of the land which had been granted to David
Allison in November, 1796, and lay west of the reservation divide between
Pigeon and Tuckaseegee. This land had been sold by the heirs of Robert
Love, who held under the deed from Sheriff Hughey of September 29, 1798.
On the trial of the case in the Superior court, the judge held that the
last grant was valid and that the original grant to Allison in 1796 was
invalid. On appeal great consternation was caused in the fall of 1888 by
the decision of the Supreme Court (in Brown v. Brown, 103 N. C., 213) to
the effect that all grants of land extending west of the "dividing ridge
between the waters of Pigeon river and Tuckaseegee river to the southern
boundary of this State, were utterly void" (Code N. C., sections 2346-47)
because when granted they were "within the boundary prescribed of the
lands set apart to and for the Cherokee Indians." It was further held
"that the treaty of Holston, concluded on the 2d day of July, 1791,
between the United States and the Cherokee Indians, did not extinguish the
title and right of those Indians to the territory embracing the lands
embraced by the grant in question"-that to David Allison, of date 29th
November, 1796. Immediately there was a rush to enter and secure grants to
all lands to which grants had been issued west of the dividing ridge
between the Pigeon and the Tuckaseegee. Where would the effect of that
decision reach? No one knew. But, on a petition for a rehearing, Chief
Justice Merrimon discovered "among a vast number of very old uncurrent
statutes" one (Acts 1784, 1 Pot. Rev., ch. 202) that required surveyors in
the "eastern part of the State" to survey lands that any person or persons
"have entered or may hereafter enter"; which was afterwards extended (Acts
1794, 1 Pot. Rev., ch. 422; Haywood's Manual, p. 188) to apply to "all
lands in this State lying to the eastward of the line of the ceded
territory, " which was construed to mean "all the lands of this State not
specially devoted to some particular purpose, and the implication intended
was, that they should be subject to entry and survey just as were the
lands mentioned in the statute, amended," it having been the purpose to
embrace "the lands so acquired from the Cherokee Indians." Hence, the
word., "lying to the eastward of the line of ceded territory"; this was
the line separating this State from Tennessee which had been ceded to the
United States in 1789; while the land acquired from the Indians by the
treaty of Holston "lay immediately to the eastward of a part of that
line." In the language of the chief justice, "it is fortunate that it has
been discovered, as it rendered the land subject to entry and make, valid
and sustains the grant in question, under which, no doubt, many excellent
people derive title to their land." Upon the rehearing (106 N. C., 451)
the Supreme Court held that by an act of 1777 it was made lawful for any
citizen of the State "to enter any lands not granted before the fourth of
July, 1776, which have accrued or shall accrue to this State by treaty or
conquest"; and that the title of the Indian; to all lands east of the
Holston treaty line were extinguished. This line had been fixed by the
Meigs and Freeman survey, which location the State could not without
breach of faith question; and the land in controversy, while lying west of
the reservation of 1784, was east of the Meigs and Freeman survey. This
settled the dispute.

WAIGHTSTILL AVERY GRANTS. About 1785 Hon. Waightstill Avery of Burke took
out "hundreds of grants," generally for 640-acre tracts, covering almost
the entire valley of North Toe river, from its source to somewhere below
Toe-cane, there being, here and there, along the valley, some older grant
wedged in between his tracts. He took out grants also for lands on most
all of the tributaries of the North Toe, including the lower part of
Squirrel creek, of Roaring creek, of Henson's creek and of Three-Mile
creek"(25) and also along the lover valley of South Toe and of Linville
river, down to the Falls, and the upper valley of Pigeon in Haywood county
and of Mills river in Henderson and Transylvania. William Cathcart took
out in 1795 two large grants, one known as the "99,000-Acre Tract," and
the other as the "59,000-Acre Tract," which two large boundaries covered
practically all of Mitchell county and of Avery county, except some tracts
along the Blue Ridge...."(26) They also covered about all that had been
previously granted to Waightstill Avery. For the litigation that
subsequently ensued see "Cranberry Mine" under chapter on "Mines and
Mining." Many grants were also made to William Lenoir and others.

CHEROKEE LANDS. By the act of 1819(27) no portion of the lands recently
acquired from the Cherokees was required to be surveyed except such that,
in the opinion of the commissioners appointed for that purpose, would sell
for fifty cents per acre and over, while the rest was reserved for future
disposition to be made by a subsequent legislature, and the act of 1826
required such lands to be classified into three tracts, as we have already
seen. This was to be sold at auction, and in the meantime, no land not
subject to survey-that is not worth fifty cents an acre or more-was
subject to entry. But by the act of 1835(28) all such lands as were not
worth fifty cents an acre were made subject to entry. Under the law of
1836(29) the Cherokee lands were required to be laid off into districts,
which were to be numbered, and divided into tracts of from fifty to four
hundred acres each, the first class of which was to be sold at auction for
not less than 84 per acre, the second class for not less than $2, the
third class for not less than $l, the fourth class for not less than fifty
cents, and the fifth class for not less than 25 cents per acre. All the
rest of the Cherokee lands which were not considered by the commissioners
to be worth at auction more than 20 cents per acre were subject to entry.
The surveyors were to note all the mines, mill sites, etc., on each tract,
and three maps were to be made, showing the lands surveyed and the "vacant
and unsurveyed lands," one of which was to be deposited in the office of
the governor, another in the office of the secretary of state at Raleigh,
and the third in the office of the register of deeds in Franklin, Macon
county.

ACT FOR THE RELIEF OF PURCHASERS OF LANDS. Under this act of 1836 several
purchasers found that they could not pay for the lands bid in by them at
the auction sales, and in 1844-45 another act was passed providing that
such persons might surrender such lands, after which the lands were to be
reassessed by commissioners, when they could be repurchased by the former
bidders at the new valuation by giving bonds with good security, if they
so desired, and if not, then they could be sold at the new valuation to
anyone. This law also provided for the sale of such lands as had not been
sold at all under the first appraisment of their value, and for the relief
of such poor and homeless people as had settled on the less valuable lands
and had made improvements thereon in the hope of being able to pay for
them at some future time and had been unable to do so, as well as for
insolvent people who had been unable to pay for lands they had bought. New
valuations were to be made and certificates given to such persons, -which
certificates gave them preemption rights for the purchase of such lands
upon giving good bonds for the payment of the purchase price. [missing
word] of the best lands were subsequently held under these "Occupation
Tracts," they having the refusal of the lands they had settled on and
improved.

FLOATING ENTRIES. Such entries were those which stated in the entry that
land beginning on a natural object in a certain district had been entered,
but, without further description, they were void against enterers whose
surveys covered it.

(1 Potter's Revisal, p. 275)
(2. Ibid. 1., p. 280)

(3. Melton v. Munday (64 N. C. Rep., p. 295); Waugh v. Richarason, 8 Ired.
Law (30 N. C., p. 470).)

(4. Potter's Revisal, p. 463)

(5. 2 Vol. Rev. St. 1837, p. 201)
(6. Ibid. pp. 210-11)

(7. Potter's Revisal, p. 280)
(8. Ibid., p. 355)
(9. Ibid., p. 356)
(10. Ibid., p. 442)

(11. From "Dropped Stitches," pp. 71-72)

(12. Potter's Revisal, p. 435)
(13. Ibid., p. 456)
(14. Ibid., p. 436)

(15. Potter's Revisal, p. 457. 17. Book 2, p. 458)

(18. 43,534 acres already granted are excepted from this boundary)

(19. Book 4, p. 230)

(20. The lands embraced in this sale aggregated one million and seventy-
four thousand acres. The tax title stood all tests. Love, v. Wilbourn, 5
Ired.. S. C. Rep., p. 344)

(21. Will book F, p. 49)

(22. Book 22, p. 71)

(23. Book 22, p. 393)

(24. Daniel Webster represented the defendant in this case, and Chief
Justice Roger B. Taney filed a dissenting opinion)

(25. So called because it is almost exactly three miles in length)

(26. From letter of December 5, 1912, from Hon. A. C. Avery to J. P. A.)

(27. Rev. St. 137, Vol. 11, p. 190)
(28. Ibid., l., p. 209)
(29. Ibid. l., p. 210)

For Forge Bounty grants see ch. 293, laws 1533, Potter's Revisal, p. 593.