Friday, March 1, 2019

Centinel I, Part V: Separate, Distinct, and Independent

            The states of Massachusetts, Virginia, Pennsylvania, and North Carolina all grappled in the 1770s and 1780s with attempts by some portion of their inhabitants to declare their political separation based primarily on physical distance from the seat of government and accompanying feelings of neglect. The Bay State, for its part, had administered what is now Maine since 1692, first as York County, and then as Lincoln and Cumberland counties. Being a sparsely populated territory regularly contested between its native inhabitants and a relatively small number of French and British settlers, it had remained either ungoverned or loosely governed for most of its history until its final allocation at the aforementioned date. In spite of being physically separated from Massachusetts by the state of New Hampshire, however, Maine continued to be treated as an integral division of former throughout the course of the American Revolution, the ratification of the Massachusetts Constitution, and the first years of American independence. Indeed, it wasn’t until 1820 that Maine was granted full and equal statehood, and this only as part of a “package deal” intended to balance the number of slave and free states in the union that included the simultaneous admission of Missouri. The inhabitants of Maine had in the meantime been agitating since at least 1785 for independence from Massachusetts, holding a number of conventions and staging a number of votes to that effect between 1792 and 1819.

            In contrast to this rather uneventful history, the dealings of Virginia and Pennsylvania with their respective – and, at times, shared – separatist populations were a fair bit more turbulent. In what is now the state of Kentucky, for example, while migration into the territory was initially promoted by Virginia’s colonial government in defiance of British injunctions against settlement west of the Appalachians, the inhabitants thereof soon enough made themselves a perpetual nuisance to authorities in Richmond. Not only, these westerners began to complain near as soon as the Revolutionary War was concluded, was travelling from their homes to the state capital a lengthy and potentially hazardous proposition – covering some five hundred miles across mountains that were wholly impassable for a significant portion of the year – but the continued presence of aggressively antagonistic native tribes in the region – the Shawnee and Cherokee in particular – left the few permanent settlements in a particularly vulnerable position. Since only the governor could authorize the use of the state militia, and since the governor continued to reside in distant Richmond, the inhabitants of Virginia’s three westernmost counties accordingly concluded that their fate as a community lay either in self-government or imminent destruction.

Economic necessity seemed also to point to this same critical choice. When Spain closed the port city of New Orleans to American commerce in 1784, the ability of Virginia’s trans-Appalachian farmers to easily export their produce via the Mississippi River was effectively crippled. While the resulting negotiations between the United States of America and the Kingdom of Spain ultimately came to nothing – the Jay-Gardoqui Treaty (1786) was rejected in Congress once it became clear that the American ambassador had willingly traded away access to the Mississippi for admission into Spain’s various Caribbean ports – the precariousness of the Kentucky counties’ prospects were nonetheless made exceptionally clear. Had the aforementioned treaty been accepted, the inhabitants of far western Virginia would have been forced to essentially sacrifice their livelihoods in favor of America’s eastern mercantile interests without ever having been able to make a public case to the contrary on the same footing as the other states. As merely a small, distant, and sparsely-populated district of large, wealthy, and increasingly eastern-looking Virginia, their voices were easily drowned out by those of the political elites in Richmond. As a separate state, however, the Kentuckians might at least have been afforded – along with the ability to direct their own militia and enjoy the benefits of having a government near at hand – the dignity of being heard by their fellow Americans with the same degree of consideration afforded to Pennsylvanians, Georgians, and New Yorkers. Consequent to these and other considerations, nearly a dozen separate conventions were held in Kentucky between 1784 and 1788 for the purpose of drafting a constitution and petitioning for admission to the union of states. Notwithstanding a notable attempt by notorious intriguer Gen. James Wilkinson (1757-1825) to propose secession from Virginia and alliance with Spain at one of these gatherings, the Kentuckians proceeded with a degree of calm determination that ultimately paid off in the form of Virginia’s consent to statehood in 1788 and the Bluegrass State’s admission to the Union in 1792.

Less fortunate than the inhabitants of what would eventually become Kentucky – though similarly implacable – were the residents of a region in the Trans-Appalachian West on the south bank of the Ohio River between Pittsburgh and the eastern terminus of the Cumberland. Formal survey efforts, which would likely have averted the resulting boundary dispute between the colonies of Virginia and Pennsylvania, had been abandoned in 1767, leading both governments to claim the right to administer Pittsburgh and environs as either the District of West Augusta or Westmoreland County, respectively. In spite of the intensity of interest both colonies seemed to be focusing on the territory in question, however, the inhabitants thereof were of the shared opinion that neither government was particularly interested in either hearing or addressing their concerns. Inspired by the actions then being undertaken across the colonies in the name of liberty and self-government, the residents of the disputed region accordingly petitioned the Continental Congress in the summer of 1776 – in the form of a document entitled, “The Memorial of the Inhabitants of the Country, West of the Allegheny Mountains” – for formal recognition as an independent state. The people of this distant territory, it seemed, were of the opinion that the ongoing dispute between Virginia and Pennsylvania would likely result in an armed conflict between the two, that neither government was doing enough to control the activities of land speculators, and that the tendency of these same private agents to sell land belonging to local native tribes was bound to produce, "A bloody, ruinous & destructive War with the Indians [.]" They consequently requested of Congress that, “The Said Country be constituted declared & acknowledged a separate, distinct, and independent Province & Government by the Title and under the name of — ‘the Province & Government of Westsylvania’[.]”

In light of how many states were then embroiled in similar disputes over western land claims – as well as the power and prestige possessed by Virginia and Pennsylvania – it should perhaps come as no surprise that this entreaty was not acted upon by the Continental Congress. And while the subsequent settlement of the Virginia-Pennsylvania border in 1780 would seem to have laid the issue at hand conclusively to rest, the self-declared Westsylvanians proved themselves rather difficult to satisfy. Though war between Virginia and Pennsylvania was now a decidedly remote possibility, most of the grievances which had animated the Westsylvania movement remained unaddressed. The region was still quite distant from either Richmond or Philadelphia, still relied on the authorities headquartered in those cities for the deployment of the local militia, and was still exposed to the periodic depredations of the territory’s hostile native tribes. These complaints were joined in Western Pennsylvania by a sense of discontentment arising from the seemingly arbitrary assignment of Pittsburgh and its hinterland to the authority of Philadelphia. Many of the settlers in that region had migrated from Virginia, doubtless hoped that their homesteads would eventually be assigned to that state upon a settlement of the boundary dispute, and were consequently shocked and angered to discover that they had suddenly – and without being consulted – become citizens of Pennsylvania. Agitation for Westsylvania statehood accordingly continued into the early 1780s, at which point the combined efforts of various Pennsylvania state authorities began to erode the movement’s grassroots support. Perhaps the most notable of these initiatives was adopted at the behest of one Hugh Henry Brackenridge (1748-1816), a Scottish-born lawyer, Princeton graduate, and early community activist and publisher in Pittsburgh. Eager to finally and completely secure his state’s far western frontier, Brackenridge convinced the state assembly to declare that organizing for the purpose of establishing a separate state was legally equivalent to treason, thus making support for the creation of Westsylvania punishable by death. The movement for separation flared out soon afterward, though the rebellious spirit of Pennsylvania’s western inhabitants would remain a significant factor in local and national politics into the early 1790s.

While ultimately no more successful than the movements which gave birth to the states of Maine and Kentucky, the campaign of frontier activism which at length resulted in the creation of Tennessee from contemporary North Carolina’s westernmost districts was a fair bit more complex. The first Anglo-European settlers of the region in question – to the west of the Blue Ridge Mountains and extending as far as the Mississippi River – were in fact initially from Virginia and South Carolina, both colonies having easier access to the region than North Carolina. This did not in itself necessarily portend the region’s eventual rejection of North Carolinian authority, however.  Rather, it was a series of events taking place in the early 1770s that seemed to set in motion the eventual existence of a separate, sovereign state of Tennessee. First, the conclusion of the so-called “War of the Regulation” in 1771 – a kind of grassroots class rebellion which pitted cash-strapped planters against wealthy merchants, lawyers, and colonial officials – led a number of former dissidents to migrate west of the Blue Ridge into territory whose provenance was at the time still largely uncertain. This influx of these radical-minded – though not necessarily rebellious – individuals into the region very probably contributed to the second major development in the pre-history of Tennessee, the creation of the self-described Watauga Association in 1772.

Fair warning, ladies and gentlemen, because this is where things get complicated.

Having crossed the line established by the terms of the Treaty of Paris (1763) as separating the legitimate claims of the colonies from the territory reserved for the exclusive use of the Crown’s various indigenous allies, the architects of the Watauga charter necessarily believed themselves to be beyond the authority of any government save that of Britain proper. Their settlement was accordingly facilitated by the signing of a lease directly with the local native peoples, the creation of a limited form of self-government, and the founding of what is now Elizabethtown, Tennessee on the banks of the Watauga River. This initial effort was further bolstered in 1775 when North Carolina judge and land speculator Richard Henderson (1734-1785) organized the purchase of some twenty million acres from an assembly of Cherokee at a place called Sycamore Shoals. Forming essentially a wide strip of land bordered by the Cumberland, Ohio, and Kentucky rivers and the southern portion of the Cumberland Mountains, the region in question was roughly half the size of Virginia’s neighboring district of Kentucky and represented a tremendous potential windfall for Henderson – in the form of land sales to settlers and other speculators – provided that his claim could be properly validated. While perhaps initially hoping to accomplish this end by applying to the Crown for a colonial charter, the evolution of the Anglo-American crisis over the course of that year doubtless convinced him to instead make his case to the Continental Congress.

Congress, as it happened, was as yet not inclined to indulge the ambitions of a solitary land speculator whose proposition to create an entirely new state in the Trans-Appalachian West threatened to inflame an existing territorial disagreement between two of its members. Henderson’s project – submitted under the name of Transylvania – was accordingly defeated, his land purchase invalidated by the interested states – i.e. Virginia and North Carolina – and the fate of the relevant settlers once more thrown into a kind of legal limbo. On one hand, the inhabitants of the original Watauga lease and the failed Transylvania purchase continued to successfully govern themselves without the need for guidance for validation from any higher authority. Upon the outbreak of the Revolutionary War, for example, the residents thereof took it upon themselves to re-found their community in 1776 as the self-proclaimed District of Washington. Despite falling outside the formal authority of any state, this ad-hoc polity proclaimed its allegiance to the Continental Congress, formed a Committee of Safety, and began to organize and train a local militia. In spite of the presence of mind and self-possession which these actions would seem to demonstrate, however, the settlers of this sparse and distant region also appeared to harbor a fairly clear understanding of the precariousness of their situation. Not only did they face the continued threat of attack and destruction by factions of the Cherokee dissatisfied with their presence, but the emergence of a state of war between the colonies and Britain proper introduced the further danger of invasion by Loyalist militias and the Crown’s various indigenous allies. Petitions were accordingly dispatched from the District to the governments of Virginia and North Carolina requesting the formal annexation of the otherwise stateless territory. While Virginia declined the offer, North Carolina – perhaps acting out of sympathy after the settlers managed to throw off a Cherokee invasion in July of 1776 – agreed to the proposition. Effective as of November, 1777, the Washington District thus became Washington County, NC.

Annexation did not spell the end of a local habit of autonomy, however. Washington County was still a great distance from the state capital in New Bern, and events moved too quickly on the frontier for formal validation to be sought for every decision local residents made. The Washington County militia, for example, dubbed the Overmountain Men because their region was “over the mountains” from the Atlantic colonies, acted in a broadly independent fashion for most of its existence, partnering with forces from Virginia and South Carolina as often as those from North Carolina in defense of the former Watauga settlements. The reputation of this fighting force was at length greatly burnished by its pivotal participation in the Battle of King’s Mountain in October of 1780, during which a force of some nine hundred patriot militia defeated a numerically superior deployment of Southern Loyalists near Blacksburg, South Carolina. Having mustered six hundred men at arms whilst being harried by British forces, and having led them to victory alongside smaller detachments from Virginia and North Carolina, men like Isaac Shelby (1750-1826) and John Sevier (1745-1815) in particular were heralded as great woodsmen heroes of the western frontier. At the same time as these erstwhile patriots were advancing the cause of the American Revolution, of course, they were also demonstrating the self-sufficiency and determination of the Overmountain communities. When peace finally arrived upon the signing and ratification of the Treaty of Paris in 1783, it was accordingly to be expected that such a clear display of functional autonomy would end up fueling renewed calls for formal separation and statehood. All that was wanting was the proper set of circumstances. As luck would have it, they arrived within the year.

 North Carolina, like most of its sister-states, emerged from the Revolutionary War deeply in debt. At something of a loss as to how best to pay off its obligations, the state assembly consequently agreed in April of 1784 to cede twenty-nine million acres of land – the whole of the its territory and claims lying between the Appalachian Mountains and the Mississippi River, including Washington County – to the Continental Congress in exchange for some portion of its debt being forgiven. As Congress lacked the means to take immediate possession of the region, however, it was agreed that up to two years could elapse before a formal transfer of sovereignty took place. Understandably, this state of affairs did not go over well in the Overmountain communities. In spite of the invaluable service they had rendered to the cause of American independence during the recent conflict with Britain, they were now effectively being abandoned by one government while another took up to two years to decide how best to make use of them. Not only did this once more place the defense of the scattered frontier settlements entirely in the hands of a small – if now quite experienced – local militia, but it also begged certain uncomfortable questions as to the priorities and intentions of Congress. If, as outwardly appeared to be the case, the national government was as desperate as the state governments to pay down its obligations, what was there to stop the assembled delegates from arranging to trade the North Carolina cession to Spain or France in return for their forgiveness of a wartime loan? Once more, it seemed, in spite of having clearly demonstrated their functional independence, the Wataugans – or Washingtonians, or Overmountaineers – were being shown that their destinies were not really theirs to determine.

This conclusion was arguably affirmed several months later when a new session of the North Carolina legislature decided to void the donation to Congress and reassert New Bern’s sovereignty over the Trans-Appalachian communities. Fed up, at long last, with being alternately traded and ignored, an assembly was called by the Overmountain settlers in August of 1784 for the purpose of declaring their separation from North Carolina. Delegates from four counties met in the town of Jonesborough, elected a legislature, drafted a constitution, and chose John Sevier as their governor. A delegation was dispatched to Congress the following spring with a petition in hand for the admission of “Frankland” as the fourteenth state in the union. In spite of receiving the support of seven of the existing thirteen states, however – and attempting to garner the support of one of the most popular and respected men in America by changing the name of their proposed state to “Franklin” – the petitioners fell short of the two-thirds majority required by the Articles of Confederation for the accession of a new state. Nevertheless undaunted, the supporters of the organized but unrecognized State of Franklin spent the next several years attempting to consolidate their status as a de-facto independent political entity. A new capital was declared at Greenville, a second constitution was drafted and ratified, courts were established, new counties drawn, and a series of treaties were sealed with the Cherokee which established Franklin’s claim to an extensive swath of territory stretching ever further to the west than had previously been the case.

Notwithstanding this burst of energy, the State of Franklin really never managed to make good on the promise that the best efforts of its supporters seemed to foretell. Having faced repeated rejections of its offer to forgive back taxes and potential charges of treason in exchange for recognition of its authority, the government of North Carolina proceeded in 1787 to send a detachment of the state militia across the Appalachians for the purpose of reaffirming its claim to the region. A loyalist government was thereafter established at Jonesborough in parallel to that which continued to be operated by the rebellious Franklinites. The jurisdiction of the North Carolina courts was reestablished, sheriffs were chosen from among the local residents who recognized New Bern’s mandate, and proceedings were initiated against the properties of a number of Franklin officials in an attempt to bring them to heel. One of these men, no less than the notional Governor himself, John Sevier, responded to the seizure of several of his slaves by marching on the site of their imprisonment with a force of over one hundred men during a snowstorm in February of 1788. The arrival of an opposing force of North Carolina militia resulted in a brief skirmish, during which several men were wounded and three were killed. Events proceeded from this point on in a somewhat desultory fashion. Sevier, increasingly at a loss for manpower and resources and still threatened by the remaining Cherokee who refused to recognize the treaties between their people and the State of Franklin, reached out to Spain for a loan and ongoing military assistance. North Carolina responded to this attempt at foreign intrigue by redoubling its efforts and having Sevier arrested in August of 1788. While a sympathetic sheriff agree to set him free before he faced trial, Sevier and the last of his supporters ultimately turned themselves in to North Carolina authorities – and acknowledged the authority of the North Carolina government – in February of 1789. Ironically enough, the Tar Heel State again ceded its Trans-Appalachian territory to Congress in 1790. This in turn led to the creation of the Southwest Territory, its later accession to the union as Tennessee, and Sevier’s election as its first governor in 1796.

Now, granting that the history of late 18th century American state separatism detailed above is a lot to digest all at once, its relevance to the cited passage of Centinel I is hopefully fairly clear. Keen to point out the inability of a geographically extensive republic to adequately address the needs of communities located at significant distances from the center of power, Samuel Bryan accordingly observed that even within the nascent American republic, “The inhabitants in a number of larger states […] are loudly complaining of the inconveniences and disadvantages they are subjected to […] and that, to enjoy the comforts of local government, they are separating into smaller divisions.” As the stories of Maine, Kentucky, Westsylvania, and Franklin plainly demonstrate, this was very much the case. At times the results were very civil, and at others they were rather the opposite. But the principle at work behind all of them was the same. The more distant a people are from their government, the less likely said government is to be able to adequately address their concerns, and the less likely those people are to place their trust in said government. To that end, political power is best located as close to those it claims to act upon – and to whom the responsibility for oversight falls – as is physically possible. In the final analysis, this represents a very pragmatic mode of thought, and very a conservative one by the political standards of a subsequent age. But it is also distinctly American.

The United States, after all, was not founded upon the wholesale rejection of authority, but rather of authority which did not recognize certain basic individual rights. The physical distance between the Thirteen Colonies and Great Britain being a primary causal factor of the Anglo-American crisis, it would thus seem entirely reasonable to conclude that the revolutionaries believed that access to government was one of these rights. The aforementioned movements in Maine and in the Trans-Appalachian West would seem to affirm this characterization. Bryan’s claim, therefore, that republicanism ceased to function properly over extensive physical distances was arguably rooted in both European philosophical theory and American experiential fact. Montesquieu spoke to the principle, in essence, but Bryan’s fellow citizens could speak to the effect. And yet, in spite of the fact that by 1787 a number of states had yet to conclusively address the complaints – sometimes rising to the level of demands – being put forward by certain of their more remote communities, the American people were being asked to put in place a national government of such power and consolidation that whole states would likely become remote in turn.

The people of Maine, for instance, were still struggling with their distance from Boston while the proposed constitution threatened to remove them yet further from a government of even greater authority. And while Pennsylvania, Virginia, and North Carolina all continued to grapple with the effects of attempting to assert their authority across significant physical distances, their citizens were at the same time effectively being asked to visit this exact species of civil conflict upon whatever luckless populations found themselves removed from the eventual location of the newly-empowered federal government. What sense did this make? What manner of magic could possibly make enlarging an existing problem the solution to that problem? The nearest answer, put forward by one of the principle architects of the proposed constitution, was that an adequate division of responsibility, combined with the moderating influence of scale, would produce the requisite balance of stability and energy for an extensive American republic to function. The key, one James Madison (1751-1836) further elaborated in Federalist No. 10, was successfully striking that balance.

Certainly, the danger existed of creating a government too distant from the American people to reasonably address their needs, and too powerful to be adequately controlled if it began to act against their interests. At the same time, it was also possible that a government which was too weak or too decentralized would entirely fail to bind the union of states together, or to restrain the more radical impulses of certain factions within the states. The solution, No. 10 explained, was therefore essentially to split the difference. By a process of careful delegation, a situation wherein local interests became wholly subservient to national priorities could hopefully be avoided; “The great and aggregate interests being referred to the National, the local and particular to the State Legislatures.” At the same time, in terms of that selfsame national interest, the sheer scale of the American republic would theoretically ensure that elected representatives would have to speak to more than the narrowest parochial priorities in order to secure election, that compromise would become the soul of progress, and that any faction hoping to take control of the mechanisms of federal power would be forced to contend with a great diversity of views and a great multitude of officers to consider, oust, or co-opt. “Extend the sphere,” Madison thus explained, “And you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens [.]” In this way, in defiance of the injunctions of the aforementioned Montesquieu, the “extended republic” could be made to function, if indeed not to flourish.

Convincing though Madison most certainly made this sound, it nevertheless remained a matter of conjecture whether or not his theory had any basis in fact. No republic, save perhaps the exceptionally flawed and corrupt model embodied by Rome in years before it became an autocratic monarchy, had ever existed on the scale which the United States Constitution was proposing. Whatever case he made, therefore, and whatever concomitant arguments his cohorts put forward in the ratification conventions in the states, was strictly on the level of a hypothesis. “This is what I think will happen,” Madison may as well have said, or perhaps, “This is what I hope will happen.” Samuel Bryan, by comparison, seemed less inclined to ask his fellow countrymen to pin their fates upon something as ephemeral as hope. Rather than ask them to imagine what might happen if certain things came to pass – if the Constitution was adopted, if its various provisions worked as intended, if the various moving parts therein acted and reacted as it was predicted they would – he instead asked them to look around at what was already happening within the nascent United States. A number of communities were indeed, “Loudly complaining of the inconveniences and disadvantages they [were] subjected to [,]” and were either attempting to separate or had unilaterally declared their separation, “Into smaller divisions.” If this was the case – if this was the plainly observable truth – then under what circumstances did it make the slightest sense to engage in an even larger project of consolidation? As Samuel Bryan made clear in the text of Centinel I, caution was the answer, rather than ambition. The limits of republicanism were already being tested in the states every day, with results that ranged from tolerable, to disagreeable, to very nearly calamitous. The idea of stretching them further still, in the form of a massive, powerful, and complex national government, accordingly had all the makings of a complete and utter disaster.   

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