University of Virginia Library


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CHAPTER VIII.

EFFORT TO ESTABLISH A NEW STATE.

In the month of January, 1781, the General Assembly of Virginia
passed a resolution expressing her willingness to cede her
northwest territory to the Congress of the colonies, for the benefit
of the United Colonies, upon the following condition, to-wit: that
the territory so ceded shall be laid out and formed into States containing
a suitable extent of territory, and shall not be less than
one hundred nor more than one hundred and fifty miles square or
as near thereto as circumstances will admit. That the States so
formed shall be distinct republican States and be admitted members
of the Federal Union, having the same right of sovereignty,
freedom and independence as the other States.

Colonel Arthur Campbell, immediately upon his acquisition of
this information, with a vision that was almost prophetic, set about
to organize a new State and to include Washington county in the
same. He immediately proposed a scheme for obtaining the sense
of the inhabitants of the western country on the subject of the Virginia
resolution and the resolves of the Congress upon the same subject,
his scheme being as follows:

"First. That Selectmen or Deputies be chosen for the five southwestern
counties of Virginia and the counties of Washington and
Sullivan in North Carolina, to meet at Abingdon the third Wednesday
in April, 1782.

"Second. That in order that the representation be adequate, let
the Deputies be in number in proportion to the number of farmers
above eighteen years of age, allowing one Deputy for every hundred
such farmers.

"Third. That the election be held at the respective Court Houses,
the third Tuesday in the month of March next, 1782, by the same
officers and under the same regulations as elections for delegates
are held.

"Fourth. That the business and power of the deputies when convened
be confined to the consideration of the late resolves of Congress
respecting the Western Country, and that they adopt such
measures as may be adjudged proper by a majority, for the interest
and safety of their constituents as members of the American Union.


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"Fifth. That the representation continue one year, in which time
the Deputies may adjourn from time to time, and to such places
within the Western Countries as may be found most convenient.

"The day appointed for the election is the second Tuesday in
March, 1782."

I am unable to state that the election was held at the time proposed
by Colonel Campbell, on the third Tuesday in March, 1782,
or that the Assembly proposed by him met at Abingdon on the
third Wednesday in April, 1782, as therein proposed, but I can say
that an election was held and that an Assembly met at Abingdon
in this or the following year in the manner proposed by Colonel
Campbell. I am of the opinion that this election was held in 1782,
as proposed by Colonel Campbell, as four members of the Assembly
that met at Abingdon were citizens of Sullivan county, North Carolina,
and it is reasonable to suppose that had the State of Frankland
been proposed or organized at the time of this election the Sullivan
county citizens would have united with that State.

The Assembly that met at Abingdon in the year 1783
adopted a memorial, which they addressed to the Congress of the
United States of America, and which was as follows:

MEMORIAL.

To the Honorable the Congress of the United States of America:

The memorial of the Freemen inhabitating the Country Westward
of the Alleghany or Appalachian mountain, and Southward of the
Ouasioto[1] Humbly sheweth:

That having been made acquainted with the several resolves and
other Acts of Congress, respecting Western Territory, and having
considered maturely the contents of the same, we are highly pleased
with that equal respect for the Liberties of the people, which seems
to influence the Councils of Congress. That nothing but a firm adherence
to the principles of the Confederation, and a sacred regard
to the rights of Mankind could produce the late Resolves for laying
off new, Independent States, thereby pointing out such effectual
measures, to prevent the encroachments of arbitrary power on the
Asylums of Freedom.

That we are happy to find so large a part of Territory already
ceded to the United States for National purposes, and trust that


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every obstacle will speedily be removed for the completion of that
business by the individual States affected thereby. That we are too
much elated at the prospect before us not to wish that we may
speedily enjoy the advantages of such a Government as will be exercised
over a convenient territory, not too small for the support of
authority, nor too large for the security of Freedom.

That our situation is such, inhabiting valleys intermixed with
and environed by vast wilds of barren and inaccessible mountains,
that the same compensation of latitude allotted to the new States
Northwest of the Ohio, might prevent us from ever being on an
equal footing with our neighbors, blessed with so many natural advantages,
navigable waters, and a level, fertile country.

That the state bounded by a meridian line that will touch the
confluence of Little river, near Inglis' Ferry, thence down the Kanawha
to the Ronceverte or Green Briar river, thence Southwest to
latitude 37 North, thence along the same to the meridian of the
rapids of the Ohio, South along the Meridian until it reaches the
Tenasee or Cherokee river, down the same, and eastwardly on that
parallel to the top of the Appalachian mountains, and along the
highest parts of the same, and the heights that divide the sources of
the waters that fall into the Mississippi from those that empty into
the Atlantic to the beginning. This, though not equal in quantity
of habitable lands with the adjoining States, yet may be sufficient
territory for a society that wishes to encourage industry and temperance
as cardinal virtues.

That in our present settlements we have maintained our ground
during the late perilous war, and frequently gave effectual aid to
our Brethren to the South and Westward; that we are first occupants
and aborigines of this country, Freemen, claiming natural
rights and the privileges of American citizens.

Our prayer therefore is, that your Honorable Body, with a generous
regard to the Rights of Mankind, would speedily erect the
aforesaid described Territory into a free and independent State,
subject to the Federal Bond, and likewise confirm and guarantee to
its inhabitants all their equitable rights and privileges acquired
under the laws of the States lately claiming this Territory; that
the disposition of the vacant lands be under the power of the Legislature
of the new State, in as full a manner as that exercised by
such of the Eastern States having unappropriated lands, with this


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Reservation, that the monies arising from the sale of vacant lands
shall be faithfully paid to the order of Congress, towards the payment
of the National debt.

And your Memorialists shall ever pray, &c.

Approved and subscribed by us in behalf of ourselves and the
Freemen of our Respective Districts, whom we represent.

Charles Cummings, Chairman.

John Jameson,
Alex'r Wiley,
George Finley,
Arthur Campbell,
John Campbell, S'n'r, R. O.
John Davis,
Gilbert Christian,
David Looney,
John Campbell,
Robert Buchanan,
William Tate,
John Kinkead,
Thomas Woolsey,
Richard Brownlow,
Matthew Willoughby,
John Anderson,
John Adair.
 
[1]

Indian name for Cumberland mountain.

At a subsequent meeting this Assembly addressed the Freemen of
Washington county on the subject of their public affairs, which address
is as follows:

"To the Freemen of Washington County:

"Your Deputies, after mature consideration, have agreed to address
you on the subject of your Public Affairs, well knowing that
there is only wanting an exact and candid examination into the
facts to know whether you have been well served or abused by your
Representatives, whether Government has been wisely administered
and whether your rights and Liberties are secure. As members of
the Civil Society, you will acknowledge that there are duties of importance
and lasting obligation which must take place before individual
conveniences or private interest, but it must be granted that
in free Communities the laws are only obligatory when made consonant
with the constitution or Original Compact; for it is the only
means of the surrender then made, the power therein given and the
right ariseth to Legislate at all. Hence it is evident that the power
of Legislators is in the nature of trusts to form Regulations for the
good of the whole, agreeable to the powers delegated, and the deposite
put into the General stock, and the end proposed is to obtain
the greatest degree of happiness and safety, not for the few but
for the many. To attain these ends and these only, men are induced
to give up a portion of their natural Liberty and Property


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when they enter into society. From this it is plain that Rulers may
exceed their trust, may invade the remaining portion of natural
liberty and property, which would be a usurpation, a breach of
solemn obligation and ultimately a conspiracy against the majesty
of the people, the only treason that can be committed in a commonwealth.
A much admired writer on the side of Liberty begins
his work with the following remarkable sentence, which we transcribe
for your information, and entreat you to read and ponder
well:

"In every human Society there is an effort continually pending
to confer on one part the height of power and happiness, and reduce
the other to extremes of weakness and misery. The intent of
good laws is to oppose these Efforts, and to diffuse their influence
universally and equally. But men generally abandon the care of
their most important concerns to the uncertain prudence and discretion
of those whose interest it is to reject the best and wisest instructions,
and it is not until they have been led into a thousand
mistakes in matters the most essential to their lives and Liberties,
and are weary of suffering, that they can be induced to apply a
remedy to the evils with which they are oppressed. It is then they
begin to conceive and acknowledge the most palpable truths, which
from their very simplicity commonly escape vulgar minds, incapable
of analyzing objects, accustomed to receive impressions without
discretion, and to be determined rather by opinions of others,
than by the result of their own examination."

A few plain Questions you may honestly put to yourselves when
in retirement, or when your heads are reclined on your pillows; For
what end hath the Almighty wrought out such a wonderful revolution
in the affairs of men as that of the Independence of America?
What part ought I to act through the remaining part of my life, so
as to be most pleasing to my Creator and the most useful to Society?
Whether are my head and heart so enlightened and in such a
frame as to attend to and receive the truth, whether it comes from
a person I dislike or not? Is not the duty we owe the succeeding
generation equal to that we owe the present; Several Mediums of
knowledge are open to all diligent inquirers. The productions of
the Printing Press, Literary Schools, and the meetings of the people
to debate on public measures. The inhabitants of this county
have, as hitherto, been peculiarly circumstanced. They became


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possessors of a Wilderness at a perilous Era: The greatest part of
their time since has been necessarily employed merely to provide
subsistence, coarse clothing and cheap dwellings, to defend their
families from the inclemency of the weather, no time or money to
spare to build elegant or convenient houses, to erect suitable places
for public worship, to found Seminaries for classical learning, to
promote the education of youth, that most indispensable of all obligatopms
to children. It is also a prior duty to any you owe the state
to provide food and raiment for your families. Plain fare and
coarse clothing you might be content with, if it was necessary to
part with all the superfluities to answer the real exigencies of the
State, and did you see your fellows in more favorable situation pursuing
the same course and also could you be persuaded that a judicious
economy pervades all the disbursements of all the public
money, then, and not till then, ought you to part with the produce
of your Industry at the call of Rulers. It may be alleged by your
enemies that you do not mean to contribute anything to alleviate
the burthens of the Nation and support government. This charge
will vanish on a fair enquiry into the various schemes of finance
and the present state of the Public Funds.

The following estimate of Taxes, and what has operated as taxes
in the Western Country, will prove that you have contributed something,
probably your full share.

                           

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Treasury and pre-emption warrants,  16,000,000 pounds 
Taxes collected in the years 1778, '79, '80, '81.  180,000 pounds 
Bills lost, sunk or funded,  5,000,000 pounds 
Paper money,  21,130,000 pounds 
Cash paid commissioners in hard money reduced,  $10,000 
Composition money sent in with the plots,  70,000 
One-sixth of the surveyor's fees,  5,000 
Registers' fees prior to 1784,  30,000 
Registers' fees prior to 1784,  3,000 
Registers' fees prior to 1785,  10,000 
Additional tax of 5s. per hundred on land,  25,000 
Duty on salt will cost the western consumption 6s. per
bushel, 
1,500 
Duties on imports on foreign goods and enumerated articles  2,500 
Loyal Company's claim on W. & M. counties,  8,000 
Taxes on . . . . . . . . &c., may produce annually,  2,000 
Assessment subsequent to 1781, an enormous sum that it
is impracticable, if not unjust, to collect, 
172,000 

Should the Legislature abolish assessment, and the above not be
sufficient, you might endure taxing a few luxurious articles and
some vices, that would increase the sum, and make it equal to your
just proportion of expenditures.

If your eastern neighbors were generous, they would make some
allowance for the great losses sustained by the depredations of the
Indians, and for the many valuable lives lost to keep them safe.
The appropriations of your public money ought also to be a subject
of serious enquiry, for if at any time it should be applied to the
purposes of venality and corruption, you would then be feeding your
destroyers, and enable them to make further invasions on your
remaining rights and liberties, until you would have left nothing
worth contending for, and you and your posterity would be obliged
to stoop to an abject vassalage.

"All is not lost yet, therefore beware in the future of the objection
of either weak or interested men who would persuade you to
a passive conduct under all the Measures of Government. Your
Rulers, as well as those of other nations, are only fallible men.
When they act well, honor and applaud, when wickedly, impeach
and punish them. Disregard their impotent threats and ridiculous
fallacies, and let them know that the little selfish cry of an
individual is not to be heard when the loud sounds of the peoples'
are publishing their wrongs.

"Signed by order,
"CHARLES CUMMINGS, Ch'm."

A copy.

This document is thus endorsed by the Governor:

"Memo. James Montgomery put this paper into my hands, and
can prove its authenticity, and that Arthur Campbell personally
explained, enforced and inculcated its contents on the people, particularly
the State of Taxes p'd by that country."

Colonel Arthur Campbell and a large majority of the citizens of
Washington county, from this time forward, made every possible
effort to secure the approval of the Congress of the United States
of their views in regard to the formation of a new State, and their


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views seemed to permeate and meet with the approval of all the
citizens, with but few exceptions, living on the western waters.

In the month of June, 1784, the General Assembly of North
Carolina passed an Act ceding to the Congress of the United States
all her western lands, including the counties of Sullivan, Washington,
Greene and Davidson, now within the present limits of the
State of Tennessee, and at the same session of the North Carolina
Assembly, the Western Land Office was closed.

Immediately upon the adjournment of the North Carolina
Assembly, the four delegates from the western counties returned
to their homes and gave intelligence to the people of the proceedings
of the General Assembly of North Carolina, whereupon, it was
proposed that the people should elect two representatives in each
captain's company in the counties of Washington, Sullivan and
Greene, as committeemen to deliberate upon the state of public
affairs and to recommend a plan of action suited to the occasion.
These committees met and recommended the election of delegates
from the several counties, to meet in convention at Jonesboro, with
power to adopt such measures as they thought necessary.

The delegates were elected and assembled at Jonesboro on
August 23, 1784, and elected the following officers: President,
John Sevier; Secretary, Landon Carter.

The convention immediately proceeded to appoint a committee
to take into consideration the state of public affairs and the cession
to Congress by North Carolina of her western territory.

This committee, after a resolution had been offered by a member
declaring the three western counties independent of North Carolina,
unanimously adopted the following report, which was submitted
to the convention:

REPORT.

"Your committee are of opinion and judge it expedient, that the
counties of Washington, Sullivan and Greene, which the Cession
Bill particularly respects, form themselves into an association and
combine themselves together, in order to support the present laws
of North Carolina, which may not be incompatible with the modes
and forms of laying off a new State. It is the opinion of your
committee that we have a just and undeniable right to petition to
Congress to accept the cession made by North Carolina, and for
that body to countenance us in forming ourselves into a separate


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government, and either to frame a permanent or temporary constitution,
agreeably to a resolve of Congress in such case made and
provided, as nearly as circumstances will permit. We have a right
to keep and hold a convention from time to time, by meeting and
convening at such place or places as the said convention shall
adjourn to. When any contiguous part of Virginia shall make
application to join this association, after they are legally permitted,
either by the State of Virginia or other power having cognizance
thereof, it is our opinion that they be received and enjoy the same
privilege that we do, or shall enjoy. This convention has a right
to adopt and prescribe such regulations as the particular exigencies
of the times and the public good may require; that one or more
persons ought to be sent to represent our situation in the Congress
of the United States and this convention has just right and authority
to prescribe a regular mode for his support."

This report was received by the convention and adopted, and
the convention, by a vote of 28 to 15, declared in favor of forming
a separate and distinct State at this time, and appointed Messrs.
Hardin and Cocke to draw up articles of association, which they
did and which articles were approved by the convention. Pursuant
to the Articles of Association, the first members of the General
Assembly of the State of Franklin were chosen, and assembled at
Jonesboro in the month of March, 1785, at which time officers were
elected and laws adopted for the government of the State of Frankland.
The officers elected were as follows:

Governor, John Sevier.

Secretary of State, Landon Carter.

Treasurer, William Cage.

Surveyor-General, Stockly Donaldson.

Brigadier-Generals, Daniel Kennedy and William Cocke.

Council of State, William Cocke, Landon Carter, Francis A.
Ramsay, David Campbell, Daniel Kennedy and Colonel Taylor.

Member of Congress, General William Cocke.

The government as thus organized, proceeded in an orderly way
to administer the affairs of the people.

There can be but little question, that Colonel Arthur Campbell,
the author of the idea of a new State, played a leading part in the
organization of the State of Frankland. During the years 17831784,
he was constantly engaged in organizing this new government


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and enlisting the sympathies of the people of Washington and
Montgomery counties in behalf of the same. He drew up a Declaration
of Rights and a Constitution for the new government, and
while I am unable to obtain a copy of the Constitution that he
proposed for the new State, still I am able to give the Declaration
of Rights prepared by him, which is as follows:

A DECLARATION OF RIGHTS.

1st. That all political power is vested in and derived from the
people only.

2nd. That the people of this State ought to have the sole and
exclusive right of regulating the internal government and police
thereof.

3d. That no man, or set of men, are entitled to exclusive or
separate emoluments or privileges from the community but in consideration
of public services.

4th. That the legislative, executive and supreme judicial powers
of government ought to be forever separate and distinct from each
other.

5th. That all powers of suspending laws, or the execution of
laws, by any authority, without the consent of the representatives
of the people, are injurious to their right and ought not to be
exercised.

6th. That election of members to serve as representatives in
General Assembly ought to be free.

7th. That in all criminal prosecutions, every man has a right
to be informed of the accusation against him and to confront the
accusers and witnesses with other testimony, and shall not be compelled
to give evidence against himself.

8th. That no freeman shall be put to answer any criminal
charge but by indictment or impeachment.

9th. That no freeman shall be convicted of any crime but by
the unanimous verdict of a jury of good and lawful men in open
court, as heretofore used.

10th. That excessive bail should not be required, nor excessive
fines imposed, nor cruel nor unusual punishments inflicted.

11th. That general warrants, whereby an officer or a messenger
may be commanded to search suspected places, without evidence
of the fact committed, or to seize any person or persons not named,


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whose offences are not particularly described and supported by evidence,
are dangerous to liberty and ought not to be granted.

12th. That no freeman ought to be taken, imprisoned or disseized
of his freehold, liberties or privileges, or outlawed or exiled,
or in any manner destroyed or deprived of his life, liberty or property,
but by the law of the land.

13th. That every freeman restrained of his liberty, is entitled to
a remedy, to enquire into the lawfulness thereof, and to remove
the same, if unlawful; and that such remedy ought not to be denied
or delayed.

14th. That in all controversies at law, respecting property, the
ancient mode of trial by jury is one of the best securities of the
rights of the people and ought to remain sacred and inviolable.

15th. That the freedom of the press is one of the great bulwarks
of liberty, and therefore ought never to be restrained.

16th. That the people of this State ought not to be taxed, or
made subject to payment of any impost or duty, without the consent
of themselves or their representatives in General Assembly
freely given.

17th. That the people have a right to bear arms for the defence
of the State; and as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up; and that the military
should be kept under strict subordination to, and governed by, the
civil power.

18th. That the people have a right to assembly together, to
consult for their common good, to instruct their representatives,
and to apply to the Legislature for redress of grievances.

19th. That all men have a natural and unalienable right to
worship Almighty God according to the dictates of their own consciences.

20th. That for redress of grievances and for amending and
strengthening the laws, elections ought to be often held.

21th. That a frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.

22th. That no hereditary emoluments, privileges or honors
ought to be granted or conferred in this State.

23th. That perpetuities and monopolies are contrary to the
genius of a free State and ought not to be allowed.

24th. That retrospective laws punishing acts committed before


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the existence of such laws, and by them only declared criminal, are
oppressive, unjust and incompatible with liberty; therefore no ex
post facto
law ought to be made."

James Montgomery, when he accepted the commission of the
Governor as sheriff of Washington county and gave security for the
collection of the taxes due for the three preceding years, incurred
the displeasure of Colonel Campbell and the majority of the citizens
of the county, and, in turn, he became the bitter enemy of
Colonel Campbell.

The people had been advised and expected that they would be
released from the payment of their taxes for the preceding years,
upon the organization of the new State, which they confidently
believed would take place. Early in the year 1785, James Montgomery,
William Edmiston, Arthur Bowen, James Kincannon,
Samuel Edmiston and James Thompson addressed the following
communication to the Governor of Virginia, preferring charges
of malpractices and misconduct, in his office, as justice of the
peace, against Arthur Campbell.

"Sir:—Viewing with concern the present situation of affairs in
this country, throught attempts of ambitious men, thereby intending
to incense the good people thereof against the laws of the State
and proceedings of government requisite thereto, finally to effect a
new State in this quarter of the country, we cannot any longer
remain tacit beholders of the evils already generating among us,
without the most alarmed sensations, which we think the ties of
humanity and obligations to our country lead us to disclose.

Most secret plans have been laid to delude the people, holding out
to them the idea of oppressive acts imposed by the General Assembly,
intended to burthen them unjustly with a weight of taxes.
Small committees were contrived and convened by Colonel Arthur
Campbell, the leader of this disorder, as early as February and
March last, under pretext of seeking redress of grievances in behalf
of the county the present year, and decrying the laws in general of
the last Assembly. Notwithstanding every opposition made to his
measures, he continued to convene his committees, and, not long
after, in one of his committees at Major Dysart's disclosed his plan
of representation to Congress, thereby aiming to fix a boundary to
include a part of Virginia in the Frankland State.

It is also notoriously known that Colonel Campbell did, in a convention


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of the North Carolina people, publicly propose to separate
himself with the citizens of Washington and Montgomery in Virginia,
and joining them declare themselves immediately independent
of the States of Virginia and North Carolina, and moreover,
stand in the front of the battle between these people and Virginia
when necessary. His declaration to the people of this county at the
March court, to elect no delegates to the General Assembly this
year, together with his late opposition, at the July court, to the
proclamation issued by your Excellency in Council the 10th of
June last, may be sufficient to satisfy your Excellency and Honorable
Council that the mischievous spirit prevailing here in opposition
to the present collection and other proceedings of government,
may have arisen from the licentious spirit of Colonel Campbell,
conveyed to them through his artful insinuations daily since
last court, exercised by public meetings in this county, intended to
overset the designs of the Executive in the present arrangement of
the militia; and there is reason to believe he is now aiming to
effect associations to oppose the collection when attempted to be
made. The charges herein contained can undoubtedly be supported
by General Russell, Captain Andrew Kincannon, Captain Henry
Smith and Captain William Cocke, of the Frankland settlement.
We rest the charges herein contained for the discussion and ultimate
decision of your Excellency and the Honorable Council, that
if necessary he may be cited to answer the charges against him."

When the attention of Governor Henry was called to the situation
of affairs in this county, he removed the suspension of the operation
of the militia law adopted by the Assembly at its session in
the year 1784, and removed from office Colonel Arthur Campbell,
the county lieutenant of this county, and such of the field officers,
in the militia of this county, as were active partizans of the new
State. Colonel William Russell was commissioned a brigadier-general
of militia with a full quota of officers who were opposed to
the formation of the new State. By this act, the Governor removed
from office many of the men who had served at King's mountain,
and such was the dissatisfaction produced by this action, that a
number of the leading citizens of the county who had not taken
part in the previous disturbances, addressed the following petition
to the Governor and Council of the State:


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To His Excellency, Patrick Henry, Esquire, Governor of the Commonwealth
of Virginia, and the Honorable Council of State:

The petition of sundry freemen whose names are thereunto subscribed
humbly sheweth, that being pleased with the name and
wishing to glory in the reality of being citizens of a Commonwealth,
it is with infinite concern that we are constrained to address your
Excellency on a subject that we apprehend will eventually endanger
our liberties—we mean the adoption of the new militia law.
That we believe the Constitution is imperfect in some particulars;
but whilst we retain it as an acknowledged plan, springing from a
higher source than the ordinary Legislature, we ought to consider
it, until altered by the same authorities, as the basis of the laws and
all legitimate government, and besides our allegiance points out
to us as a duty, to maintain it inviolate, that former examples both
ancient and modern, our own experience and the reason of things
tell us that if an infraction is once made, and that by a delegated
power, then there will be no right, however sacred, that is possessed
by the citizens, but may be usurped, and our government ere long
terminate in anarchy or despotism, those mournful calamities that
too soon befall the human race.

To avert such direful events, to recur to first principles and to
reinstate our liberties in their pristine vigor, we are encouraged to
approach, with freedom and truth, a patriotic Chief Magistrate,
and an enlightened Council, humbly praying that the powers with
which your Honorable Board are invested may be now exercised by
refusing to execute the aforesaid Act as being unconstitutional and
oppressive; or, if need be, assemble the Legislature, at an earlier
period than it stands adjourned to, that we may have an opportunity
to seek redress from a legal tribunal. And your petitioners
shall pray:

  • Andrew Willoughby, Jr.,

  • James —,

  • James Craig,

  • Charles Cummings,

  • Fra. Allison,

  • Thomas Cummings,

  • John Trousdale,

  • James Dunlop,

  • John Campbell,

  • James Logan,

  • Robert Montgomery,

  • Joseph Acklin,

  • George Finley,

  • Robert Campbell,

  • Samuel Acklin,

  • Samuel Houston,

  • John Preston,

  • James Cummings,


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  • John Davis,

  • James Moore,

  • Gilbert Watson,

  • John Christian,

  • Robert Craig,

  • Michael Higgins,

  • Samuel Davis,

  • John Cummings,

  • David Kinkead,

  • Andrew Davison,

  • Thomas Osburn,

  • Robert Johnston,

  • Nath. Willoughby,

  • David Watson,

  • William Bradley,

  • William Craig and others.

The Governor being slow to act upon the charges preferred by
James Montgomery and others against Colonel Arthur Campbell,
in the summer of the year 1785, William Edmiston, James Kincannon,
Samuel Edmiston, James Thompson and Arthur Bowen
addressed the following letter to the Governor of Virginia, preferring
additional charges against Colonel Campbell:

"Please Your Excellency and the Honorable Council:

"Sir,—A complaint being exhibited during the course of last
summer against Colonel Arthur Campbell for mal-conduct, contrary
to the most sacred ties of government, as well under his late
county lieutenancy as judge of the court of Washington, in which
he continues to act, we have consequently thereto, been honored by
advice from our Lieutenant-Governor, that the charges would be
attended to by the Executive which we still hope will meet your
patronage in due season and the offender in your wisdom cited
before a proper tribunal to answer the charges against him. Relying
that the Executive will not suffer such atrocious insult to the
Commonwealth of Virginia to pass unnoticed, we think it necessary
to add fresh matter of complaint against Colonel Campbell
that with the former now in your possession, his wicked and persevering
conduct may be more clearly explained to your Honorable
Board. When the decision of the Executive made it necessary to
arrange the militia of Washington county under the law of eighty-four,
and the Governor's proclamation was issued for that purpose,
which being accompanied with the field officers' commissions were
laid before Washington court, Colonel Campbell on the bench
objected to the proclamation and power of the Executive, under
the law, and quitting the bench addressed himself to the court, telling
them that the militia law was arbitrary, tyrannical and oppressive;
and after condemning the last Assembly for enacting the law,
said that the power of enforcing the law was in the court, not in


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the Executive, and that the court should by no means suffer the
field officers to qualify; he also hoped that the court and people of
the county would pay no obedience to the law or proclamation.
Colonel Campbell finding some opposition to his measures by the
court, alleged that the Executive having suspended the operations
of the law till January, 1786, he had not a right to take off that
suspension, by which time, he made no doubt, the law would be
repealed; and after finding some of the court opposed to his propositions,
plead, (notwithstanding the danger of the frontiers)
that the court should not suffer the field officers to qualify at that
time. His constant endeavors to prejudice the citizens of this
county ever since against the law, will appear from a petition to
the Assembly which he promoted."

And at the same time James Montgomery, who was a member
of the Legislature from Washington county, preferred the following
charges against Colonel Campbell:

"1st. That he advised persons chargeable with public taxes to
refuse payment thereof.

2d. That he advised freeholders against electing members to the
General Assembly.

3d. That he attempted by various means, openly and secretly, to
induce the inhabitants of Washington county to separate from this
Commonwealth.

4th. That he left the bench on a day when the court was sitting
and attempted to persuade the court that no regard ought to be
paid to the militia law, or the Governor's proclamation for enforcing
it."

The Governor and Council, upon consideration of said charges,
directed that the first Monday in April, 1786, be set apart for
enquiring into the charges aforesaid, at the Council chamber in
the city of Richmond, and that the said Arthur Campbell have
notice of such intended inquiry and be furnished with a copy of the
charges exhibited against him on or before the first day of February
next, and that the parties be at liberty from that period to the 15th
day of March next, to take depositions of witnesses, respecting the
charges aforesaid, giving ten days' previous notice of the time and
place of taking the same, and that when taken they be transmitted
to His Excellency the Governor, under the hand and seal of the


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magistrate or magistrates who attended the taking of such depositions.

In answer to Governor Henry's proclamation enforcing the militia
law, Colonel Arthur Campbell, who had been particularly named
therein, addressed the following letter to the Governor:

"Sir,—

After having been honored lately with the receipt of several
of your Excellency's letters, particularly that of the 17th of
May last, and the several communications made in consequence of
them, particularly my letter of the 13th of June, the principal officers
and the Whig interest in this county seemed to rest satisfied
that an amicable and enlightened administration would pave the
way to the Legislature and to Congress for the efficient and permanent
redress of the principal, and in some cases the almost
intolerable grievances of the western inhabitants. But while
secure in this confidence, we have to lament that the voice of
calumny and faction has reached the seat of supreme rule, and
that, without a constitutional enquiry, without a fair hearing, it
has been in some degree listened to, and had effect. It is hard to
defend when it is not known what we are charged with, and at
all times who can disarm private pique, or be able to withstand
malice and envy without feeling some smart. But political fury,
engendered by Tory principles, knows no bounds and is without
a parallel. Bernard and Hutchison have exhibited to Governors
and the world, examples that ought to teach wisdom to this and
succeeding generations. We are told (but it is only from report)
that we have offended government on account of our sentiments
being favorable to a new State, and our looking forward for a separation.
If such a disposition is criminal, I confess there are not
a few in this county to whom guilt may be imputed, and to many
respectable characters in other counties on the western waters. If
we wish for a separation it is on account of grievances that daily
become more and more intolerable, it is from a hope that another
mode of governing will make us more useful than we are now to the
general confederacy, or ever can be whilst so connected. But why
can blame fall on us, when our aim is to conduct measures in an
orderly manner, and strictly consistent with the Constitution.
Surely men who have bound themselves by every holy tie to support
republican principles, cannot on a dispassionate consideration
blame us. Our want of experience and knowledge may be a plea


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against us. We deplore our situation and circumstances on that
account, but at the same time firmly believe that our advances to
knowledge will still continue slow, perhaps verge towards ignorance
and barbarism, without the benefit of local independent institutions.

But, sir, why may we not take courage and say we are right when
adverting to our own constitution, to the different Acts of Congress,
that of different legislatures, the opinion of the first statesmen
in America, among whom we can number an illustrious commander,
a great lawyer and judge in this State, and a Governor of
Virginia himself?

All that I have to ask, and it is all that I may ever crave, is
that your Excellency may not, from invidious information, form
such rash measures, so urge matters, at an untimely day to extremities,
which only might gratify an angry individual, but would, by
no means, promote the interest and peace of the Commonwealth,
or its honor and dignity.

I am, sir, with respect, your most obedient servant,

ARTHUR CAMPBELL.

The agitation continued until the meeting of the General Assembly
of Virginia, on October, 1785, at which time, the Governor
transmitted to the General Assembly a message in regard to the
action taken by the people of this portion of Virginia, praying the
establishment of an independent State.

Accompanying the message was the memorial adopted by the
Assembly that met at Abingdon, addressed to the Congress of the
United States as heretofore given. The message of the Governor
to the General Assembly was as follows:

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


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into professions of friendship. But a circumstance has lately happened,
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


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deliberating on this affair, will prefer lenient measures in order
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


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approved in the different parts of this State, whilst under the jurisdiction
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


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object the removal of the grievances complained of by Colonel
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


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government. He said he was exceedingly alarmed to find that taxes
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

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to take place in our own State. He exclaimed generally against the
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


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against Colonel Campbell: Joseph Cole, Andrew Kincannon,
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


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could be known against the August court, and if the new militia
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


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Governor and Council. The order of the Council suppressing
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."


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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:

To His Excellency, the Governor of Virginia, and the Honorable
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


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those who are now so passionately anxious for the destruction of
one who has really done the public no wrong.

"And your Memorialist will ever Pray, &c., &c.,

"ARTHUR CAMPBELL."

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.