A large tract of country lying between the French Broad Holston1 rivers on the north and west, the Little Tennessee river on the south, and the Alleghany mountains on the east, has held a singular and remarkable history. It has sometimes been referred to as the Territory South of the French Broad.
By the North Carolina Act 1783, Ch. 2, Sec. 5, the hunting ground reserved for the Cherokees extended up the middle of the Tennessee and the Holston rivers, thence up the middle of the French Broad to the mouth of Big Pigeon.
By the treaty of Hopewell, as we have seen, the national authority laid off a reservation for that nation of Indians, with its northern boundary located still higher up in the Franklin territory.2
Although the North Carolina act prescribed a penalty to be paid by any one who should survey or make entries on the lands below the French Broad, that State, in many instances, granted lands within the reservation and took the purchase money from its grantees.
The State of Franklin early in its history negotiated the treaty of Dumplin Creek in order to open the upper part of that tract of country to settlers. But the rush of emigration in that direction was too strong to be held back by the stipulation of act or treaty, and within less than a year the settlements had passed the last treaty line and each succeeding year they crept farther south.
Those of the settlers who had grants from North Carolina had a right to resent the numerous threats and proclamations of removal made by North Carolina. Other settlers not so situated endeavored to stand under cover of those grantees. A fresh proclamation had issued from the governor of North Carolina for the removal of those in the Territory about the last of the year 1787.
The inhabitants were thus compelled to rely for protection upon p219the State of Franklin and upon the virtue of her treaty of Dumplin Creek.
In the summer of 1788 there was among them their leader, John Sevier, whose fortunes they followed because they admired him almost to the point of idolatry. Added to this was their belief that Sevier and Franklin would save to them their little holdings. Leader and people were well met; both were hard pressed by the same power. Whatever course the upper counties might take, the inhabitants south of the French Broad would not render fealty to North Carolina who disowned them, though she was estopped to do so.3 This people, therefore, gave a continued allegiance to the State of Franklin.
Haywood, in closing his description of the Sevier-Tipton engagement in February, 1788, says: "With this battle, the government of Franklin came to an end." Every other historian has followed Haywood and so declared: Ramsey, Phelan, Roosevelt, Alden, Henderson and others.
Arthur Campbell planned a "greater Franklin"; now there survived, for a time, to function as a sovereign power, even if fitfully and feebly, a "lesser Franklin" — of the people inhabiting south of the French Broad.
Late in July Governor Johnston referred to John Sevier as one "who styles himself Captain-General of the State of Franklin."
In September, as we shall see, Sevier was writing to Gardoqui the Spanish minister, soliciting a loan for the people of Franklin, for the repayment of which he obligated himself and the "State of Franklin" as an existent power.4
October 15th the General Assembly was in session and passed the following act:
In the General Assembly, State of Franklin, October 15th, 1788.
Whereas, the collection of taxes in specie, for the want of a circulating p220medium, has become very oppressive to the good people of this Commonwealth; and
Whereas, it is the duty of the legislature to hear at all times the prayers of their constituents and apply as speedy a remedy as lays in their power,
Be it enacted by the General Assembly of the State of Franklin, and it is hereby enacted by the authority of the same, That, from the first day of January, A.D. 1788, the salaries of the civil officers of this Commonwealth be as follows, to wit:
His excellency, the governor, per annum, one thousand deer skins; his honor, the Chief Justice, five hundred do. do.; secretary to his excellency, the governor, five hundred racoon do. do.; the treasurer of the State, four hundred and fifty otter do. do.; each county clerk, three hundred beaver do.; clerk of the house of commons, two hundred beaver do.; members of the assembly, three do.; justices for signing a warrant, one muskrat do.; to the constable for serving a warrant, one mink do.
Enacted into a law this 15th day of October, 1788; under the great seal of the State.
Witness his Excellency, &c.
. . . . . . . . . . . . . . . . .
Governor, captain-general, commander-in‑chief
and admiral in and over the same State.5
p221 In reply to remarks of Webster touching this act of Assembly, in the United States Senate, Hugh Lawson White, of Tennessee, gave an account of Franklin which is the more interesting because of the fact that the speaker was a son of Colonel James White, a Franklin leader who founded the city of Knoxville in the territory now under discussion. Senator White, who had been reared among these bordermen, said:
The Senator from Massachusetts [Mr. Webster] at the close of his reply to the Senator from South Carolina, [Mr. Calhoun] 'for his special benefit' in very good temper, and in a most happy manner, referred to the early history of that portion of my State, now called East Tennessee, once known as the State of Franklin. He read us a part of one of her acts of assembly which fixed the salaries of some of her officers, and directed the species of currency in which they were to be paid.
I always feel gratified when I know of hear that my State has done anything that benefits any portion of my fellowmen. 'Blessed be the peacemakers' is the language of Holy Writ. On this occasion the two honorable and distinguished Senators had assumed an attitude so belligerent that I really feared it might end in something worse than words. But no sooner were the labors of my State fifty years ago brought to the notice of this grave body, than we all forgot that any of us had been out of temper, and so soon as we could p222recover composure enough to adjourn, we separated like a band of brothers — no two leaving the chamber in better temper with each other than the two honorable Senators.
But sir, the Senator knew nothing under the practice of the state law; therefore we have not the full benefit which we ought to derive from his reminiscences. He could have related the whole incident so much better than I can that I regret he did not mention the subject to me before he addressed the Senate; if he had, I would have given him the additional facts, that the whole might have been detailed to the Senate in his good-tempered and felicitous manner.
It will be remembered that the governor, chief-justice, and some other officers, were to be paid in deer skins; other inferior officers were to be paid in raccoon skins. Now at that day we were all good whigs, although we had some of the notions of the democrats of the present day.
We thought those taxes might safely remain in the hands of the collectors until wanted for disbursement. The taxes were, therefore fairly collected in the skins and peltry pointed out in the law. But the collectors knew, report says, that although raccoon skins were plenty, opossum skins were more so, and that they could be procured for little or nothing. They therefore, procured the requisite number of opossum skins, cut the tails off the raccoon skins, sewed them to the opossum skins, paid them into the general or principal treasury, and sold the raccoon skins to the hatters.
The treasurer had been an unlucky appointment, although a worthy man; he was a foreigner, knew nothing of skins or peltry, and was, therefore, easily deceived by the sub‑treasurers. When this imposition was discovered, the whole system went down, and we never had a greater fancy for leaving the taxes in the hands of the sub‑treasurers or collectors from that day to this.
But sir, those old proceedings more clearly develop the true character of my State than almost anything of the present day.
The territory or tract of country called Franklin, was composed of four counties of North Carolina, and separated from the body of the State by the great ledge of mountains, called at different places by different names, and from what is now called West Tennessee by the Cumberland mountains and a wilderness of •two hundred miles.
The Revolutionary War had terminated with Great Britain in 1783, but it continued with the powerful tribes of Indians who had been in alliance with her. The depredations of these Indians were so serious that aid to arrest their ravages was desired from North Carolina; that state was not in a situation to furnish that protection, and instead thereof, from good motives, no doubt, but without due consideration, passed an act ceding us to the United States. When the news was received, the leading men, who were King's Mountain men — Sevier, the companion of the gallant Campbell and Shelby at their head — took fire; the discontent ended in a declaration p223of independence, and the formation of the state called, to perpetuate whig principles, 'Franklin.'
North Carolina discovered her error and before Congress could act on the subject, repealed her act of cession. But it was too late. We had been disposed of without our consent. Though but a handful, with a powerful savage enemy infesting our whole frontier, and without a dollar to begin with, we set up for ourselves. We would not brook the indignity; we had begun the fight for liberty and liberty or death we would have. We continued the controversy until 1789, when an accommodation with our parent; and with our own consent, and upon terms thought just, we, with other portions of territory, were ceded, in 1789, to the United States.
In 1796, we became the State of Tennessee, and how we have since continued, I willingly leave to the judgment of our sister States.
I confess that, instead of feeling humbled, I feel proud that my ancestor was one of that unyielding band; that I now find myself associated here with a Sevier and a Tipton; and although I sometimes think that two generations back those of their name would not have worked so tamely in party gear, yet every once in a while the blood shows itself, and you can see that if their home concerns are not attended to here, according to what is just, they break party bandages and walk abroad in that freedom for which their fathers periled everything.
It is thus seen that "the controversy continued until 1789." The treasurer referred to was Elholm.6 Henry Conway, of American ancestry, had been the treasurer under the Greeneville Assemblies.
Again, it has already been noted that the Greeneville government made payment to the civil officers of the State in specie or current notes.
Sevier's last battle under the flag of Franklin was fought in January, 1789; and he reported it in writing to the "Privy Council of the State of Franklin," in the following:
Copy of a letter from Gov. Sevier to the privy council of the new state of Franklin, dated at Buffalo Creek, January 12, 1789.
It is with the utmost pleasure I inform your honors, that the arms of Franklin gained a complete victory over the combined forces of the Creeks and Cherokees, on the 10th inst. Since my last, I received information that the enemy were collecting in a considerable body near Flint Creek, within •25 miles of my headquarters, with an intention to attack me. To improve this favorable opportunity, I immediately marched my corps towards the spot and arrived, after p224enduring much hardship by [reason of] the immense quantities of snow and the piercing cold. On the morning of the 10th inst., we were within •a mile of the enemy. We soon discovered the situation of their encampment by the smoke of their fires, which we found extended along the foot of the Appalachian Mountain. I called a council of war of all the officers, in which it was agreed to attack the enemy without loss of time; and in order to surround them, I ordered Gen. M'Carter,7 with the bloody rangers and the tomahawk‑men, to take possession of the mountain, the only pass I knew that the Indians could retreat by; while I with the rest of the corps formed a line, nearly extending from the right to the left of their wings.
The arrival of Gen. M'Carter on the mountain, and the signal for the attack, was to be announced by the discharge of a grasshopper, which was accordingly given and the attack began.
Our artillery soon roused the Indians from their huts; and, finding themselves pretty near surrounded on all sides, they only tried to save themselves by flight, from which they were prevented by our riflemen posted behind the trees. Their case being desperate, they made some resistance, and killed the people who were serving our artillery. Our ammunition being much damaged by the snow on the march, and the enemy's in good order, I found it necessary to abandon that mode of attack, and trust the event to the sword and the tomahawk; accordingly gave orders to that purpose. Col. Loid, with 100 horsemen, charged the Indians with sword in hand, and the rest of the corps followed with their tomahawks. The battle soon became general, by Gen. M'Carter's coming down the mountain to our assistance; death presented itself on all sides in shocking scenes, and in less than half an hour the enemy ceased making resistance, and left us in possession of the bloody field.
The loss of the enemy sustained in this battle is very considerable; we have buried 145 of their dead, and by the blood we have traced for miles all over the woods it is supposed the greatest part of them retreated with wounds. Our loss is very inconsiderable; it consists of five dead, and sixteen wounded; amongst the latter is the brave Gen. M'Carter, who, while taking off the scalp of an Indian, was tomahawked by another whom he afterward killed with his own hand. I am in hopes this brave and good man will survive.
I have marched the army back to my former cantonment, at Buffalo Creek, where I must remain until I receive some supplies for the troops, which I hope will be sent soon. We suffer most for the want of whiskey.8
p225 It seems that the inhabitants of the territory, along with those of the upper counties, were led to believe that separation by act of North Carolina was near at hand, when the Greene county delegates to the Carolina Assembly returned home and made report of the proceedings and sentiment of that body. Sevier was willing to give over the unequal contest if this people could be satisfied in respect of their occupant and preëmption claims, and not be dispossessed of holdings that had been cleared by their axes and defended by their rifles in numberless contests with their savage neighbors. Could a diagram be drawn, accurately designating every spot signalized by an Indian massacre or depredation, or by courageous attack, defense, pursuit or victory by the whites, the whole of that section of country would be studded over by delineations of such incidents.9
It is probable that Sevier counseled the dropping of the name, State of Franklin, in petitions to North Carolina in order that the border people might shape for adoption and reconciliation with the mother State. He himself contemplated taking the oath of allegiance to that State at an early date.
On January 12, 1789, representatives of the inhabitants met to consult on some "voluntary plan" of safety and defense. They placed on record the information they had received of the proceedings of the North Carolina Assembly; and, particularly the facts that a treaty was to be held, in May following, with the Cherokees "to fix a certain boundary betwixt us and the Indians," and that the commissioners had been instructed "to purchase the lands south of the French Broad, if possible, and that the people in that quarter were directed to continue in possession of said lands until the treaty."
The members of this convention conceived General Martin to be a "person unworthy our confidence as an officer, from the partial representation he has given us — witness his conduct at the treaty of Hopewell; his not residing in the district, and the declaration of the Assembly that he had not acted agreeable to the orders of the government." They agreed that John Sevier "should keep the command of the inhabitants on the frontier, or any that may come to their assistance." They declared in favor of a "Council of Safety" for the regulation of their affairs, as the lawsº of French Broad p226requires;º and that the Assembly of North Carolina be petitioned to cede the territory west of the mountains to Congress.
John Sevier, Alexander Outlaw, Archibald Roane, David Campbell and Joseph Hamilton were requested to draw up a representation of their situation and of their earnest desire to be in the Federal Union. William Nelson (Alexander Outlaw, alternate) was named to wait on Congress; and Joseph Hardin was appointed to wait on the Cumberland Settlement with such instructions as the council of safety might give.10
It is the opinion of the writer that at the same or at a later meeting of this group of pioneers, they adopted "Articles of Association," which had been drafted to be the complement of the "Proceedings" above described. The latter document, intended for use in support of the petition to North Carolina,11 was purposely silent in respect to the operations of the Franklin government among them; while the Articles provide, in express terms, for the continuance in power of "the officers appointed under the authority of Franklin."
The one document was a plan of safety; the other a compact for the government of their internal affairs.
The Articles may be taken to embody some of the leading features of the Watauga Articles of Association. However, the laws of North Carolina, and not those of Virginia, were adopted by way of reference. As given by Haywood12 the fundamental agreement reads:
We, the subscribers, inhabiting south of Holston, French Broad and Big Pigeon Rivers, by means of the division and anarchy that has of late prevailed within the chartered limits of North-Carolina, west of the Apalachian Mountains, being at present destitute of regular government and laws, and being fully sensible that the p227blessings of nature can only be obtained and rights secured by regular society, and North-Carolina not having extended her government to this quarter, it is rendered absolutely necessary, for the preservation of peace and good order, to enter into the following social compact, as a temporary expedient against greater evils:
Article I. That the Constitution and Laws of North-Carolina shall be adopted, and that every person within the bounds above mentioned, shall be subject to the penalties inflicted by those laws for the violation thereof.
Article II. That the officers appointed under the authority of Franklin, either civil or military, and who have taken the oaths of office, shall continue to exercise the duties of such office, as far as directed and empowered by these Articles, and no further, and shall be accountable to the people or their deputies for their conduct in office.
Article III. That militia companies, as now bounded, shall be considered as districts of the above territory, and each district or militia company choose two members to represent them in a General Committee, who shall have power to represent them in a General Committee, to meet on their own adjournments, and the president shall have power to convene the Committee at any time when the exigencies of affairs require their meeting, and shall have power to keep order and to cause rules of decorum to be observed, in as full a manner as the president of any other convention whatever. And in all cases of mal‑administration, or neglect of duty in any officer, the party grieved shall appeal to the Committee, or a majority of them, who shall be competent to form a board of business. And upon such application, the Committee shall cause the parties to come before them, and after examining carefully into the nature of the offence, shall have power to deprive of office, or publicly reprimand the offender, as the demerit of the crime may deserve, or otherwise to acquit the party accused, if found not guilty.
Article IV. Where vacancies happen in the military department, the same shall be filled up by election, as heretofore used, and the officers thus elected shall be the reputed officers of such regiment or company, as the case may be, and shall be accountable to the Committee for their conduct as other officers.
Article V. The civil officers shall have power to take cognizance of breaches of the peace or criminal offences, and where any person is convicted of an offence not capital, the officer before whom such offender is convicted, shall immediately inflict the punishment directed by law for such offence. But where the crime is capital, the officer shall send such criminal, together with the evidences for or against him or them, to the highest justice of the peace for North-Carolina, there to be dealt with according to law; but no civil officer shall decide upon cases of debt, slander, or the right of property.
p228 Article VI. Militia officers shall have power to collect their regiments or respective companies, emergencies making it necessary, and in case of invasion by the common enemy, shall call out their companies regularly by divisions, and each militia man shall give obedience to the commands of his officer, as is required by law, or otherwise be subject to the penalties affixed by law for such neglect or refusal, at the judgment of a court martial.
Article VII. And, whereas, it is not improbable that many horse thieves and fugitives from justice may come from different parts, expecting an asylum among us, as we are destitute of a regular government and laws by which they may be punished, each and every of us do oblige ourselves to aid and assist the officers of the different state or states, or of the United States, or any description of men sent by them, to apprehend such horse thief or fugitive from justice. And if any of the above characters should now be lurking amongst us, or shall hereafter be discovered to have taken refuge in this quarter, we do severally bind ourselves, by the sacred ties of honour, to give information to that state or government from which they have fled, so that they may be apprehended and brought to justice.
Article VIII. United application shall be made to the next session of the Assembly of North-Carolina to receive us into their protection, and to bestow upon us the blessings of government.
Article IX. The captains of the respective militia companies shall each of them procure a copy of these Articles, and after calling the company together for the purpose, shall read them, or cause them to be read, distinctly to said company; and each militia man or householder, after hearing them read, if he approve of them shall ascribe his name to the articles, as a proof of his willingness to subject himself to them; and said Articles shall be the temporary form of government until we are received into the protection of North-Carolina, and no longer.
Ramsey surmises that the seat of government under the Articles was at Newell's Station. The tradition in Sevier county is that for six months Sevier made his headquarters on the Robertson farm, •one‑half mile east of Seymour Railway Station, in the ninth civil district of that county.
Sevier continued to befriend the people who had settled this beautiful and attractive country. He presented a memorial in their behalf to the Carolina Assembly of 1789, in which he urged that body to recognize the validity of the treaty of Dumplin Creek, which, he declared, had been fairly and openly negotiated.13 It seems that Sevier influenced that body to reserve the right to p229Carolina, in the last cession act,14 to open an office for the entry of preëmptions by the people of this section, but the Assembly adjourned without making specific provisions for the office; and it never did so thereafter. This entailed on the people long years of anxious waiting before their titles were validated.
In 1794, when a member of the Legislative Council of the Territory South of the River Ohio, Sevier aided in procuring the legislature of the Territory to represent to Congress that the inhabitants South of the French Broad ought to be secured in their rights of preëmption.15
As the first governor of Tennessee, and in one of his first messages, he urged the Assembly of 1796 to remind the senators just elected to Congress of the "embarrassed situation" of this people.16
He again showed tenderness for those who had stood by him in the hour of stress and strain, when in addressing a special session of the Tennessee legislature, in 1806, he said in his message: "Among the very great objects you will have before you for legislative consideration will be the situation and circumstance of the people settled on the south side of the French Broad and Holston, and west of Big Pigeon rivers. They are respectable and worthy inhabitants, who have suffered by Indian depredations too deplorable to relate. They are justly deserving of the patronage and indulgence of a liberal and patriotic legislature; and I entertain every hope that the paternal care of the Assembly will be tenderly exercised towards such a deserving and worthy class of citizens."17
p230 It was not a matter of surprise that the citizens of one of the counties in that district, when the county was regularly formed, insisted upon retaining for it the old Franklin name of "Sevier." Common gratitude prompted the action; theirs was a deeper sense of obligation.
At the February (1789) term of the Greene County Court, John Sevier, Joseph Hardin, Henry Conway and Hugh Wear, "came into court and took the oath of allegiance, agreeable to the Act of the Assembly in such cases made and provided."
Then, truly, the State of Franklin had come to an end. Governor Caswell's policy of conciliation had at last vindicated itself, and it continued to be the policy of the mother State until the second cession act was passed.
1 Now called the Tennessee at this place.
3 Governor Johnston of North Carolina, a learned lawyer, in an official communication of date Sept 22, 1788, after pointing out that fifteen hundred families had settled in the strip of country, said: "The people inhabiting the lands on the fork of the French Broad and Holston rivers claim under grants from this State, regularly issued from the secretary's office and executed by the governors. The people are, therefore, as much under the protection of the State as any other of her citizens. For this reason, as well as others I have heard, the treaty of Hopewell will probably ever be reprobated by every good citizen of this State." N. C. Rec., XXI, 501.
5 This act was published as a news item by newspapers of that period which gave attention to affairs in Franklin: Augusta Chronicle and Gazette, May 2, 1789. See also American His. Association Rep., 1898, p322. Judge Simeon E. Baldwin, referring to this statute, there says that "it is probable that no statute in this precise form was ever passed, or, indeed, any statute of so late a date," but he too follows Haywood.
The statute probably was printed in one of the Boston journals, because Daniel Webster made it a topic of debate in the United States Senate, when in March, 1838, the establishment of a sub‑treasury was under discussion. He said:
"Most members of the Senate will remember that, before the establishment of this government, and before or about this time that the territory which now constitutes the State of Tennessee was ceded to Congress, the inhabitants of the eastern part of that territory established a government for themselves, and called it the State of Franklin. They adopted a very good constitution, calling for the usual branches of legislative, executive and judicial power. They laid and collected taxes, and performed other usual acts of legislation. They had, for the present, it is true, no maritime possession, yet they followed the common forms in constituting high officers; and their governor was not only captain-general and commander-in‑chief; but admiral also, so that the navy might have a commander when there should be a navy.
"Well, sir, the currency in the State of Franklin became very much deranged. Specie was scarce, and equally scarce were the notes of specie-payment banks. But the legislature did not propose any divorce of government and people; they did not seek to establish two currencies, one for men in office and one for the rest of the community. They were content with neighbors' fare. It became necessary to pass, what we should call, now-a‑days, the civil list appropriation bill. They passed such a bill; and when we shall have made a void in the bill now before us by striking out specie payments for government, I recommend to its friends to fill the gap by inserting, if not the same provisions as were in the laws of the State of Franklin, at least something in the same spirit.
"The preamble of that law, sir, begins by reciting, that the collection of taxes in specie had become very oppressive to the good people of the commonwealth for the want of a circulating medium. A parallel case to ours, sir, exactly. It recited further that it is the duty of the legislature to hear, at all times, the prayers of their constituents, and apply as speedy a remedy as lies in their power. These sentiments are very just, and I sincerely wish that there was a thorough disposition here to adopt the like.
"Acting under the influence of those sound opinions, sir, the legislature of Franklin passed a law for the support of the civil list, which, as it is short, I beg permission to read. It is as follows:
(Mr. Webster here read the body of the act as set out in the text.)
"This, sir, is the law, the spirit of which I commend to gentlemen. I will not speak of the appropriateness of these several allowances for the civil list. But the example is good, and I am of the opinion that, until Congress shall perform its duty by seeing that the country enjoys a good currency, the same medium which the people are obliged to use, whether it be skins or rags, is good enough for its own members."
7 The name M'Carter still survives in Sevier county, Tennessee. James McCarter, an early Scotch settler in that county, is here referred to. E. T. Hist. Soc. Pub., III, 64.
8 City and Daily Advertiser, of Charleston, Apr. 21, 1789; and Augusta Chronicle, May 2, 1789.
9 Ramsey, 370.
Gen. Joseph Martin thus reported to Governor Johnston, Feb. 5th: "A party of men have lately met on French Broad and called themselves a convocation of the people and have passed several resolves, one of which is to raise a number of men by subscription, and to be commanded by Col. Sevier, saying that North Carolina refused to aid the people over the mountains, and, in consequence the Assembly's not making any allowance to the people who went against Chickamauga. I was in doubt for some time that a general revolt would take place." N. C. St. Rec., XXI, 523.
11 Therefore found in the archives of that State. N. C. St. Rec., XXII, 722.
12 Page 193, Ramsey, 435.
13 N. St. Rec., XXII, 727.
14 N. C. Act 1789, ch. 3, sec. I, subsec. 10; Scott's Revisal I, 408.
15 Journal, 12; petition of inhabitants, pp23, 24.
16 Senate Journal, 1796, 24.
17 Governor's message, submitted July 29, 1806. Senate Journal, 5. The history of this district is interestingly set forth in a rare pamphlet "An Address to the Citizens of Tennessee by a Citizen, South of French Broad and Holston. Knoxville, 1823." The writer states that the district began to be populated in 1783. In three or four years the country fringing the south bank of the French Broad was settled by a class of citizens "who were most of them refugees from the poverty and ruin in which they were involved by the calamities of a destructive war which they had just before successfully concluded with one of the greatest powers of the world. Danger had taught them enterprise; and urged by the calls of necessity, they were willing to encounter the most formidable perils . . . for the sake of obtaining a little spot of earth upon which they and their families might subsist. This country formed a frontier of •near one hundred miles in length and an average breadth of •from fifteen to twenty miles." For further light on this section: Sanford, Blount College, 28; and cases in the United States Supreme Court, Preston v. Browder, 1 Wheaton Rep. (14 U. S.), 115; Danforth v. Thomas, Ib. 155; Danforth v. Wear, 9 Wheaton (22 U. S.), 673; also Profit v. Williams, 1 Yerger (Tenn.), 92.
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