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Watauga Association May 1772
A study of A History of Land Claims in the Americas shows that under The Second Charter of Carolina; June 30, 1665: the land "...which lies within or about the degrees of thirty-six and thirty minutes, northern latitude; and so west, in a direct line, as far as the South-Seas; and south and westward, as far as the degrees of twenty-nine, inclusive, of northern latitude; and so west, in a direct line, as far as the South-Seas. . . . " belonged to the Colony of North-Carolina. The portions of North-Carolina that would eventually become Tennessee were essentially rugged wilderness at this time. The colonist who had settled there had little interaction or protection from the government in North-Carolina. In May of 1772 the settlement of Watauga formed the "Watauga Association", and drew up Articles relating to their own government and established rules and regulations designed to make their own self-government. Many historians consider the Watauga Association the first independent constitution and form of government established in the New World. They appointed officers and courts and constabulary necessary for that purpose. Unfortunately, the "Articles of Association" have been lost. But it is known that they elected 13 "Commissioners" as a part of their government. Samuel Cole Williams, former Justice of the Supreme Court of Tennessee remarks in his book History of the Lost State of Franklin that the Articles of Association ratified by the State of Franklin (probably early 1789) embody some of the leading features of the Watauga Articles of Association. One distinction is that Watauga adopted the laws of Virginia, whereas Franklin adopted the laws of North-Carolina as a reference. The Articles of the Franklin Association (probably 1789) are given as an example of what may have been included in the Watauga Association.
Franklin Association (probably 1789)
We, the subscribers, inhabiting south of the Holston, French Broad, and Big Pigeon River, by means of division and anarchy that has of late prevailed within the chartered limits of North-Carolina, west of the Appalachian Mountains, being at present destitute of regular government and laws, and being fully sensible that the blessings of nature can only be obtained and rights secured by regular society, and North-Carolina not having extended her government to this quarter, it is rendered absolutely necessary for the preservation of peace and good order, and the security of life, liberty and property to individuals, to enter into the following social compact, as a temporary expedient against greater evils.
Article I. That the Constitution and Laws of North-Carolina shall be adopted, and that every person within the bounds above mentioned, shall be subject to the penalties inflicted by those laws for violation thereof.
Article II. That the officers appointed under the authority of Franklin, either civil or military, and who have taken oaths of office, shall continue to exercise the duties of such office, as far as directed and empowered by these Articles, and no further, and shall be accountable to the people and their deputies for their conduct in office.
Article III. That militia companies, as now bounded, shall be considered as districts of the above territory, and each district or General Committee, who shall have power to choose their own president and clerk, to meet on their own adjournments, and the president shall have power to convene the Committee at any time when the exigencies of affairs requires their meeting, and shall have power to keep order and to cause rules of decorum to be observed, in as full a manner as the president of any convention whatever. And in all cases of mal-administration, or neglect of duty in any officer, the party grieved shall appeal to the Committee, or a majority of them, who shall be competent to form a board of business. And upon such application, the Committee shall cause the parties to come before them and after examining carefully into the nature of the offence, shall have power to deprive of office, or publicly reprimand the offender, as the demerit of the crime may deserve, or otherwise acquit the party accused, if found not guilty.
Article IV. Where vacancies happen in the military department, the same shall be filled up by election, as heretofore used, and the officers thus elected shall be the reputed officers of such regiment or company, as the case may be, and shall be accountable to the Committee for their conduct as other officers.
Article V. The civil officers shall have power to take cognizance of breaches of the peace or criminal offences, and where any person is convicted of an offense not capital, the officer before whom such offender is convicted shall immediately inflict the punishment directed by law for such offence. But where the crime is capital, the officer shall send such criminal, together with the evidence for or against him or them, to the highest justice of the peace of North-Carolina, there to be dealt with according to law; but no civil officer shall decide upon cases of debt, slander, or the right of property.
Article VI. Militia officers shall have power to collect their regiments or respective companies, emergencies making it necessary, and in the case of invasion by the common enemy, shall call out their companies regularly by divisions, and each militia man shall give obedience to the commands of his officer, as is required by law, or otherwise be subject to the penalties affixed by law for such neglect or refusal, at judgment of a court martial.
Article VII. And, whereas, it is not improbable that many horse thieves and fugitives from justice may come from different parts, expecting asylum amongst us, as we are destitute of regular government and laws by which they may be punished, each and every one of us do oblige ourselves to aid and assist the officers of the different states or states, or of the United States, or any description of men sent by them, to apprehend such horse thief or fugitive from justice. And if any of the above characters should now be lurking among us, or shall hereafter be discovered to have taken refuge in this quarter, we do severally bind ourselves, by the sacred ties of honor, to give information to that state or government from which they have fled, so that they may be apprehended and brought to justice.
Article VIII. United application shall be made to the next session of the Assembly of North-Carolina to receive us into their protection, and tobestow upon us the blessings of government.
Article IX. The captains of the respective militia companies shall each of them procure a copy of these Articles, and after calling the company together for the purpose, shall read them, or cause them to be read, distinctly to said company; and each militia man or householder, after hearing them read, if he approve of them shall ascribe his name to the articles as proof his willingness to subject himself to them; and said Articles shall be the temporary form of government until we are received into the protection of North-Carolina and no longer.
On July 5, 1776 many of the signers of the Watauga Association participated in submitting the Watauga Petition to North Carolina:
To the Hon. the Provincial Council of North Carolina:
The humble petition of the inhabitants of the Washington District, including the River Wataugah, Nonachuckie, &c., in committee assembled, Humbly Showeth, that about six years ago, Colonel Donelson, (in behalf of the Colony of Virginia), held a Treaty with the Cherokee Indians, in order to purchase the lands of the Western Frontiers; in consequence of which Treaty, many of your petitioners settled on the lands of the Wataugah, &c., expecting to be within the Virginia line, and consequently hold their lands by their improvements as first settlers; but to their great disappointment, when the line was run they were (contrary to their expectation) left out; finding themselves thus disappointed, and being to inconveniently situated to move back, and feeling an unwillingness to loose the labour bestowed on their plantations, they applied to the Cherokee Indians, and leased the land for a term of ten years, before the expiration of which term, it appeared that many persons of distinction were actually making purchases forever; thus yielding a precedent, (supposing many of them, who were gentlemen of the law, to be better judges of the constitution than we were,) and considering the bad consequences it must be attended with, should the reversion be purchased out of our hands, we next preceded to make a purchase of the lands, reserving those in our possession in sufficient tracts for our own uses, and resolving to dispose of the remainder for the good of th community. This purchase was made and the lands acknowledged to us and our heirs forever, in an open treaty, in Wataugah Old Fields; a deed being obtained from the Chiefs of the said Cherokee nation, for themselves and their whole nation, conveying a fee simple right to the said lands, to us and our heirs forever, which deed was for and in consideration of the sum of two thousand pounds sterling (paid to them in goods,) for which consideration they acknowledged themselves fully satisfied, contented and paid; and agreed for themselves and their whole nation, their heirs, &c., forever to resign, warrant and defend the said lands to us, and our heirs, &c., against themselves, their heirs, &c.
The purchase was no sooner made, than we were alarmed by the reports of the present unhappy situation between Great Britain and America, on which report, (taking the new united colonies for our guide,) we proceeded to choose a committee, which was done unanimously by the consent of the people. This committee (willing to become a party in the present unhappy contest) resolved (which is now in our records) to adhere strictly to the rules and orders of the Continental Congress, and in open committee acknowledged themselves indebted to the united colonies their full portion of the Continental expense.
Finding ourselves on the Frontiers, and being apprehensive that, for the want of a proper legislature, we might become shelter for such as endeavored to defraud their creditors; considering also the necessity of recording Deeds, Wills, and doing other public business, we, by consent of the people, formed a court for the purposes above mentioned, taking (by desire of our constituents) the Virginia laws for our guide, so near as the situation of affairs would admit; this was intended for ourselves, and was done by the consent of every individual, but wherever we had to deal with people out of our district, we have ruled them to bail, to abide by our determinations, (which was, in fact, leaving the matter of reference,) otherways we dismissed their suit, lest we should in any way intrude on the legislature of the colonies. In short, we have endeavored so strictly to do justice, that we have admitted common proof against ourselves, on accounts, &c., from the colonies, without pretending a right to require the Colony Seal.
We therefore trust that we shall be considered as we deserve, and not, as we have (no doubt) been many times, represented, as a lawless mob. It is for this very reason we can assure you that we petition; we now again repeat it, that it is for want of proper authority to try and punish felons, we can only mention to you murderers, horse thieves and robbers and are sorry to say that some of them have escaped us for want of proper authority. We trust, however, that this will not long be the case; and we again and again repeat it, that it is for this reason we petition to this Honorable Assembly.
Above we have given you and extract of our proceedings, since our settling on Wataugah, Nolachuckie, &c., in regard to our civil affairs. We have shown you th causes of our first settling and the disappointments we have met with, the reason of our lease and of our purchase, the manner in which we purchased, and how we hold of the Indians in fee simple; the causes of our forming a committee, and legality of its election; and same of our court and proceedings, and our reasons for petitioning in regard to our Legislature.
We will now porceed to give you some account of our military establishments, which were chosen agreeable to the rules established by convention, and officers appointed by the committee. This being done we thought it proper to raise a company on the District service, as our proportion, to act in the common cause on the sea shore. A Company of fine riflemen were accordingly enlisted, and put under Captain James Robertson, and were actually embodied, when we received sundry letters and depositions, (copies of which we now enclose to you,) you will readily judge that there was occasion for them in another place, where we daily expected attack. We therefore thought proper to station them on our Frontiers, in defence of the common cause, at the expense and risque of our own private fortunes, til farther public orders, which we flatter ourselves will give no offence. We have enclosed you sundry proceedings at the station where our men now remain.
We shall now submit the whole to your candid and impartial judgement. We pray your mature and deliberate consideration in our behalf, that you man annex us to your Province, (whether as County, district, or other division,) in such manner as my enable us to share in the glorious cause of Liberty; enforce our laws under authority, and in every respect become the best members of society; and for ourselves and constituents we hope, we many venture to assure you, that we shall adhere strictly to your determinations, and that nothing will be lacking or any thing neglected, that may add weight (in the civil or military establishments) to the glorious cause in which we are now struggling, or contribute to the welfare of our own or ages yet to come.
That you may strictly examine every part of this our Petition, and delay no time in annexing us to your Province, in such a manner as your wisdom shall direct, is the hearty prayer of those who, for themselves and constituents, as in duty bound, shall ever pray.
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