 | CHAPTER VIII. History of southwest Virginia, 1746-1786, Washington County, 1777-1870 |  |
MESSAGE OF GOVERNOR PATRICK HENRY.
"I transmit herewith a letter from the Honorable Mr. Hardy,
covering a memorial to Congress of sundry inhabitants of Washington
county, praying the establishment of an independent State, to
be bounded as is therein expressed. The proposed limits include
a vast extent of country, in which we have numerous and very
respectable settlements, which in their growth will form an invaluable
barrier between this country and those, who, in the course
of events, may occupy the vast places westward of the mountains,
some of whom have views incompatible with our safety. Already
the militia of that part of the State is the most respectable we have,
and by their means it is that the neighboring Indians are awed
which renders the possession of the territory at the present
time indispensable to the peace and safety of Virginia; I mean the
assumption of sovereign power by the western inhabitants of North
Carolina. If the people who, without consulting their own safety
or any other authority known in the American Constitution, have
assumed government, and while unallied to us and under no
engagements to pursue the objects of the Federal government, shall
be strengthened by the accession of so great a part of our country,
consequences fatal to our repose will probably follow. It is to be
observed that the settlements of this new society stretch into a
great extent in contact with ours in Washington county, and thereby
expose our citizens to the contagion of the example which bids
fair to destroy the peace of North Carolina. In this state of things
it is that variety of information has come to me stating that several
persons, but especially Colonel Arthur Campbell, have used their
utmost endeavors, and with some success, to persuade the citizens
in that quarter to break off from this Commonwealth, and attach
themselves to the newly-assumed government, or to erect one distinct
from it. And to effect this purpose the equality and authority
of the laws have been arraigned, the collection of the taxes impeded,
and our national character impeached. If this most important part
of our territory be lopped off, we loose that barrier for which our
people have long and often fought; that nursery of soldiers, from
which future armies may be levied, and through which it will be
almost impossible for our enemies to penetrate. We shall aggrandize
the new State, whose connections, views and designs, we know
not; shall cease to be formidable to our savage neighbors, or respectable
to our western settlements, at present or in the future.
Whilst these and many other matters were contemplated by the
Executive, it is natural to suppose, the attempt at separation was
discouraged by every lawful means, the chief of which was displacing
such of the field officers of the militia in Washington
county as were active partizans for separation, in order to prevent
the weight of office being put in the scale against Virginia. To
this end a proclamation was issued, declaring the militia laws of
the last session in force in that county, and appointments were
made agreeable to it.
I hope to be excused for expressing a wish that the Assembly, in
to restrain our erring citizens. Their taxes have run into three
years and thereby grown to an amount beyond the ability of many
to discharge; while the system of our trade has been such, as to
render their agriculture unproductive of money. And I cannot but
suppose that if even the warmest supporters of separation had seen
the mischievous consequences, they would have retraced and reconsidered
that intemperance in their own proceedings, which opposition
in sentiment is too apt to produce.
The limits proposed for the new government of Frankland, by
Colonel Arthur Campbell and the people of Virginia who aimed at
a separation from this State, were expressed in the form of a constitution
which Colonel Campbell drew up for public examination,
and were these: Beginning at a point on the top of the Alleghany
or Appalachian mountains, so as that a line drawn due north from
thence will touch the bank of the New river, otherwise called
Kenawha, at the confluence of Little river, which is about one
mile above Inglis' ferry, down the said river Kenawha to the
mouth of the Roncevert, or Greenbrier river, a direct line thence to
the summit of Laurel mountain, and along the highest part of the
same to the same point where it is intersected by the parallel of
37° north latitude; west along that latitude to a point where it is
met by a meridian line that passes through the lower part of the
river Ohio; south along the meridian to the Elk river, a branch of
the Tennessee; down said river to its mouth, and down the Tennessee
to the most southwardly part or bend of said river; a direct
line from thence to that branch of the Mobile, called Tombigbee;
down said river Tombigbee to its junction with the Coosawattee
river, to the mouth of that branch of it called the Hightower;
thence south to the top of the Appalachian mountain, or the highest
land that divided the sources of the eastern from the western waters;
northwardly along the middle of said heights, and the top of
the Appalachian mountain, to the beginning. It was stated
that the inhabitants within these limits agree with each other
to form themselves into a free, sovereign and independent
body politic or State, by the name of the Commonwealth
of Frankland. The laws of the Legislature were to be enacted by
the General Assembly of the Commonwealth of Frankland; and all
the laws and ordinances which had been before adopted, used and
of Virginia and North Carolina shall still remain the rule
of decision in all cases for the respective limits for which they were
formerly adopted, and shall continue in full force until altered
or repealed by the Legislature; such parts only excepted, as are
repugnant to the rights and liberties contained in this Constitution,
or those of the said respective States."
As heretofore stated, early in the year 1785 the Governor
removed Colonel Arthur Campbell, county lieutenant of Washington
county and all the militia officers who advocated a new State,
and commissioned General Russell as brigadier-general of militia
and a number of other gentlemen who were opposed to the formation
of a new State, as militia officers in Washington county; but
when Colonel Russell and the other gentlemen holding commissions
under the Governor appeared before the court and offered to
qualify as required by law, Colonel Campbell, who was the presiding
officer of the court, demanded of Colonel Russell and his
friends to know by what authority they sought to qualify, when
the commissions were produced, and Colonel Campbell, having
read the commissions, left the bench and declared that he would
not tamely submit to the orders of the Governor, and immediately
proceeded to address the court, declaring the militia law to be in
the highest degree oppressive and tyrannical, and that the Governor,
having suspended the law until January, 1786, had no right
to enforce it at this time. He pronounced the Governor's proclamation
illegal, declaring the Governor and Council had exceeded their
power, and that they had no right to enforce the militia law at
that time, and he assured the court that the power to enforce law
was in them and not in the Executive; and, notwithstanding the
earnest protest of Colonel Russell, the court declined to permit
the Governor's appointees to qualify.
The General Assembly convened on the 3d day of October, 1785,
and the first act passed by the Assembly was to amend the militia
law enacted at the session in 1784, and to provide that the officers
of the militia, who were displaced and removed from office by virtue
of said act, are hereby reinstated and shall take precedency of
rank agreeably to dates of the commissions they severally held prior
to the passage of said Act.
And this same Assembly passed several Acts having for their
Campbell and his followers in Washington county.
By the Act of the Assembly above given, Colonel Campbell, once
again, prevailed against his enemies and continued to discharge
the duties of county lieutenant of Washington county for many
years.
The measures adopted by the Legislature were exceedingly moderate
and conciliatory, and, as a result, all active opposition to the
authority of the Virginia government ceased.
The idea of forming a new government out of the western territory
originated with Colonel Arthur Campbell and was adopted by
the citizens of North Carolina at his suggestion. He was compelled
to submit to the authority of the State of Virginia some
time previous to the dissolution of the State of Frankland in
North Carolina, because of the circumstances surrounding the two
peoples. Colonel Campbell and his Virginia followers lived in
that portion of the Commonwealth of Virginia which the State
had never agreed to cede to the Continental Congress, and the sovereignty
of which the Commonwealth, at no time, was willing
to surrender to any other power, while the situation in North
Carolina was entirely different. The General Assembly of that
State had ceded all that portion of her territory embraced in the
State of Frankland to the Congress of the United States, and the
citizens of North Carolina felt but little interest in the matter, and
as a result of this condition the Virginia seceders were promptly
suppressed, while those in North Carolina were for some time permitted
to pursue the even tenor of their way.
The prosecution of Colonel Campbell continued with unabated
vigor, and numerous depositions were taken to sustain the charges
made against him. The deposition of Colonel William Russell,
the chief prosecutor in the case, was as follows:
"General William Russell, deposeth and saith: On the 12th
day of January, 1785, at the house of William Colly in Washington
county, your deponent attended a meeting of a number of
inhabitants of said county. The people assembled, Colonel Campbell
addressed them, saying he had called them together to explain
to them the enormous sum of money paid by the people of this
county to the State of Virginia, which he said repeatedly amounted
to nearly two million more than was due from this county to the
were to be demanded of the people of Washington that year, then
reduced to absolute certainty, the sheriff having given security for
the collection. Your deponent well remembers Colonel Campbell
told the people that sum of money operated upon them as a tax,
and that the people ought to pay no tax till that sum was accounted
for by the government to the people here. Your deponent then told
the people that Colonel Campbell's deductions were drawn from
erroneous calculations by the lump, intended to mislead and incense
them against government. Your deponent then urged the people
to pay half the tax then called for, and further told the people their
compliance with that in future might perhaps favor them to procure
an abatement, if not a final remittance, of the arrears by our
Assembly. Colonel Campbell immediately replied, truly the gentleman
preaches up to you passive obedience and non-resistance.
Your deponent then informed the people the sheriff would take
beef cattle for the collection, to make it easy for those who could
not raise money to pay their tax. Colonel Campbell instantly
replied, he liked such men who would take up arms rather than
submit to so unjust a tax. Colonel Campbell then proposed that
all for his measure should choose a committee, and with these
retired aside. Your deponent attended a meeting at Major Dysart's
on the 14th of the same instant, when Colonel Campbell addressed
the people then present with the same explanation of statements he
had offered on the 12th at William Colly's, urging that the people
of this county had paid two millions money more than their just
quota, and alleged it was unjust for us to pay tax till that was
accounted for. Your deponent attended one other meeting at Sinking
Spring Meeting House, on the 15th of the same instant, being
Washington February court day, and your deponent supposeth
nearly three hundred people were present at said meeting. Colonel
Campbell addressed them as before in opposition to the collection of
the taxes, and again alleged this county had paid nearly two millions
over and above what ought to be paid to government, and
recommended the people ought to pay no tax until that was settled
by the State. Colonel Campbell said he was surprised to find in
what manner measures had been taken to precipitate the collection
by the sheriff and his sureties. Colonel Campbell observed, we had
but lately escaped from British tyranny and he feared it was likely
laws passed by the General Assembly in 1784, as tyrannical and
oppressive. Your deponent once more observed to the people that
Colonel Campbell's inferences led them to secede from government;
that his insinuations and refusal to pay taxes led to rebellion, in
which predicament, if led by him, we must either subjugate Virginia,
or Virginia would reduce us.
At July Washington court, 1785, the Governor's proclamation
being read near the courthouse door, by the sheriff intended to
enforce the militia law of 1784, your deponent and field officers, as
by a late appointment by the Governor, went before the court, and
applied to be qualified to their commissions. Colonel Campbell,
then on the bench and judge of the court, he enquired to know what
commission, of which your deponent informed him, and handed
him the Governor's proclamation; he having read it, or part of it,
took his hat, and leaving the bench, declared he would not tamely
submit to it so.
Colonel Campbell then addressed the court, and said that the
Governor and Council had exceeded their power. He told the court
the Governor's proclamation was not law. Your deponent observed
to the court it was a power sufficient to enforce a law. Colonel
Campbell then observed the militia law was in the highest degree
oppressive and tyrannical, and the Executive having suspended the
law till January, 1786, had no right to enforce it at that time, and
he assured the court the power to inforce that law or not, was in
them, and not in the Executive.
It appeared to your deponent, that Colonel Arthur Campbell,
supposing that he would be overruled by the court in his proposition,
then proposed to the court to postpone the qualification of the
officers till the August court. Your deponent then observed to
the court the risk of the frontier would not admit of that delay,
as depredations had been committed not long before on our frontiers
by the savages.
Colonel Campbell then replied that was not of much consequence,
and further your deponent saith not.
Depositions pro and con were taken in this case, at the town
house, on March 6, 1786, at the house of Captain Thomas Price on
Clinch, on the 10th day of March, and at Henry Herkleroads, on
the 14th of said month. The following witnesses were examined
Thomas Berry, James Thompson, Charles Bowen, Arthur Bowen,
William Crabtree, Andrew Cowan, George Clark, James Kincannon
and Robert Preston. And the following witnesses were sworn
in behalf of Colonel Campbell: John Latham, Benjamin Sharp,
James Dysart, Elisha Dungan, George Finley, Alex. Breckinridge,
James Snodgrass, John Kinkead, Joseph Black and Robert Craig.
These depositions were taken before David Ward, Andrew Cowan,
John Latham, John Kinkead, John Lowry, James Fulkerson and
Joseph Black.
The principal deposition given in behalf of Colonel Arthur Campbell,
and the one that best illustrates his defence, was that of Captain
Robert Craig, which is as follows:
"And the deponent further saith; that at July court, 1785, he
was sent for to come into court, and when he came in saw Arthur
Campbell standing on the floor, and after the said deponent, taking
his seat on the bench, Colonel Russell, produced to the bench a
commission which he was desirous of swearing in. Colonel Campbell
wished the bench to consider the matter maturely first. Colonel
Russell told the court they could not get over swearing the
officers into this commission, as there was the Governor's proclamation
enforcing the new militia law in this county. A member
of the court was desirous of seeing the proclamation, upon which
it was handed to the court, when Arthur Campbell raised some
objections against it as it was an unusual manner in which it came;
but however, Colonel Russell still insisted to swear into the commissions,
urging that there was a necessity for swearing into them,
as the frontier was in danger of being harassed by Indians. Arthur
Campbell made answer that every necessary measure had been
taken for the defence of the frontier, and said that the officers
which had acted would not neglect doing every duty for the frontiers
in their power until the August court, which was the longest
time he wanted. That the then officers which were to swear into
their commissions should not be opposed, if nothing was done by
the Executive favorable to the old officers, for he was certain, he
said, that there had been some misrepresentation sent to the
Executive, or they never would have thrown out officers who had
never been called to an account for any misconduct. He likewise
further said that he would leave it to the choice of the people which
law was the choice of a majority of the people, he would be heartily
agreed, and could shoulder his musket as well as any of them; and
then the said Arthur Campbell retired out of the house, and he does
not remember of his returning into the house that day. He considered
Arthur Campbell as acting as a private citizen merely in
his course, and had never known of his having been guilty of misconduct
as a justice of the peace, &c., &c.
"The deponent being interrogated, what information James
Montgomery gave, one of the days of the last court, respecting his
reasons and motives for accusing Arthur Campbell for malpractices
in his office as Justice of the Peace; Answers, on Wednesday
the 2nd day of the court in conversation with James Montgomery,
said Montgomery often urged that he had been ill used by Arthur
Campbell, and particularly for that judgment which was
obtained against him for holding a false Election in 1785, and for
not getting justice in recommendations. As a Militia Officer, the
said Deponent observed, that no judgment was yet obtained against
him in Court, but he still insisted there was, and he blamed no
other man but Arthur Campbell for it. And s'd Deponent asked
said Montgomery why he and Arthur Campbell had so many disputes,
as they were once good friends, and why they might not
cordially drop these disputes and commence good friends again;
said Montgomery answered that he had been willing to be good
friends with him, but it was too late now, and if it had not been
purely out of ambition and revenge he would never have raised a
charge against Colonel Campbell.
"And being further interrogated, if what he heard him say
in his opinion, was in a dispute, depending before this Court or
relative to the charges now pending before the Executive? The
said Deponent answered that he understood it to be that which
lay before the Executive. Being further interrogated, if he
thought James Montgomery was in his proper senses, or if he
thinks he was disguised with liquor at the time they had this Conversation;
the deponent answers that he drank a share of a quart
bowl of whiskey grog, and seemed as if he had been drinking freely
before, but the said deponent cannot say he was drunk, although
he expressed himself very noisy, but as sensible as usual.
"The first depositions taken in this case were suppressed by the
these depositions was as follows:
"Arthur Campbell, appearing in person and being attended by
James Innes and Archibald Stuart, Esquires, his counsel, the
Board resumed the consideration of the charges exhibited against
him as a Justice of the Peace for the county of Washington, and,
the charges being read, the said Arthur Campbell by his Counsel,
objected to the jurisdiction of the Board to proceed to the enquiry,
under the Act entitled `An Act to extend the powers of the
Governor and Council,' as being repugnant to the eighth article
of the declaration of rights, and the principles of the Constitution,
which objection being overruled by the Board, the Counsel
for the said Campbell proceeded to object to the nature and propriety
of the testimony by Depositions, alleging the witnesses
should personally appear and be examined `viva voce,' and that
the depositions were taken in a partial manner, declaring at the
same time that their client meant not to shrink from the charges
being enquired into, if impartial persons should be appointed to
take depositions respecting the charges, and transmit them to the
Board.
"Whereupon, the Board delivered their opinion, that as the
certificate of the judges annexed to the depositions did not state
the place as well as the time where the depositions were taken, in
conformity to the notice given, they were not sufficient evidence.
It was therefore ordered by the consent of the said Campbell and
Alexander Montgomery, attending on the part of the accusers, that
depositions respecting the charges aforesaid, as well on the part of
the Commonwealth as the said Arthur Campbell be taken by either
party at the Court House of said Washington County, between
the first and last of next month, giving ten days' notice of the time
and place of taking them, and that David Ward, Andrew Cowan,
John Latham, John Kinkead, John Lowry, James Fulkerson and
Joseph Black, Gentlemen, or any three of them being the commissioners
chosen by the parties, attend the taking of the depositions
of such witnesses as shall be produced, and that the commissioners
transmit the depositions so taken, under their hand and seal,
to the Governor on or before the second Tuesday in June next,
at which time the parties are to be heard in the Council Chamber
touching the charges aforesaid."
These depositions were retaken pursuant to the above order of
the Council and returned to the Governor of Virginia, whereupon
Colonel Campbell addressed the following memorial to the Governor
and Council:
the Council of State:
THE MEMORIAL OF ARTHUR CAMPBELL.
"Sheweth: that conscious of the purity of his intentions and
the inoffensiveness of his transactions in 1785, he, last April,
waived his undoubted privilege of viva voce testimony being produced
against him before your Honorable Board. That he should
not have waived such a benefit had it not been for the apparent
sense of the Board in April last, and in confidence that the same
rule for admitting evidence would be adopted before the commissioners
appointed to take depositions, as are always adhered to in
the Courts of Law, that such rules have been disregarded and such
persons admitted to swear, who are parties in the dispute, and
others interested and not credible witnesses—That as all your
Memorialist's conversation complained of happened at public
places, where were a large number of the inhabitants generally assembled,
several of whom must have heard what words were spoken,
as well as Colonel Russell, or any of the avowed complainants.
That he has no objection, and it was really his desire to have a
number of the most credible, disinterested persons in the county
to say on their oath what they knew of the charges brought against
your memorialist. However, he believes there are a sufficient number
of such persons already qualified to make the truth appear to
your Honorable Board, without being obliged to resort to the testimony
indirectly obtained, and coming from such persons under
the influence of such passions as always vitiate testimony in
the Courts of Law. Your Memorialist therefore prays, that none
of the depositions taken before the Commissioners, in Washington
County, dated the third, fourth, and fifth days of this instant, may
be admitted against him, because, however secure he may now conclude
himself from the attack of malice, yet the precedent would
be a dangerous one, and might one day return on the heads of
one who has really done the public no wrong.
"And your Memorialist will ever Pray, &c., &c.,
As far as I can ascertain, the Governor and Council sustained
the charges against Colonel Campbell and removed him from the
office of justice of the county court in August, 1786, but he was
almost immediately reinstated upon the request of the court of
this county.
While Colonel Campbell's conduct in this matter may have been
indiscreet and imprudent, there can be no question that he voiced
the sentiments of a great majority of the citizens living in Washington
county.
At the next election for members of the House of Delegates from
Washington county, held in the spring of the year 1787, he, along
with Robert Craig, was overwhelmingly elected from this county,
and Colonel Campbell for many years thereafter, retained the confidence
of the people of this county and the State officials at Richmond.
| CHAPTER VIII. History of southwest Virginia, 1746-1786, Washington County, 1777-1870 | |