Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-08-21

Broad River, and Big Pigeon, part of
those boundaries, a great number of
persons at different times prior to the
year 1889, and between tile commence
ment of that year and the year 1888,
during the time of the disturbances be-
tween North Carolina and the Govern.
ment of Frankland, had settled them.
selves upon the territory south of the
Tennessee and Hoiston and west of
French Broad and Big Pigeon Rivers,
which was undeniably and confessedly
a part of the Cherokee lands assigned
by the act of 1883. In the time of the
Frankland government they were in
cluded in the County of Sewer, but
when that government became dis.
solved the people found themselv yes
considered as trespassers and violaters
OF the law of North Carolina; without
government; without judicial tribu.
nails; and without officers civil or mill
tary, to protect them from injury.
Sensible of the deplorable evils to
which they were exposed by this state
of things, they endeavored to remedy
1t as well as they could by private ac-
cessions. Written articles were framed
and circulated for the adoption of the
people in that part of the country, in
which they stiled themselves the in
habitants south of French Broad, Hol-
ston and Big Tennessee. These articles
stated that by means of the divisions
and anarchy that have of late pre-
vailed within the chartered limits of
North Carolina, west of the Appala.
chian Mountains, being at present des-
titute of regular government and laws.
and being fully sensible that the bles.
sings of nature can only be obtained
and rights secured by regular society,
and North Carolina not having ex.
tended her government to this quarter,
it is rendered absolutely necessary lor
the preservation of peace and good
order, and the security of life, liberty
and property to individuals, to enter
into the following social compact as
temporary expedient against greater
evils:
Article the first. That the constitu.
tion and laws of North Carolina shall
be adopted, and that every person
within the bounds above mentioned
shall be subject to the penalties in
ficted by those laws for the violation
thereof.
Article the second. That the officers
appointed under the authority of
Frankland, either civil or military, and
who have taken the oaths of office,
snail contine to exercise the duties of
such offices, as far as directed and en-
powered by these articles and no fur
ther, and shall be accountable to the
people or their deputies for their con-
duct in office.
Article the third. That militia com.
panies as now bounded shall be con.
sidered as districts of the above terri.
tory, and each district or militia COM
pany, shall choose two members to
represent them in a general committee,
who shall have power to choose their
own president and clerk, to meet on
their own adjournments, and the presi-
dent shall have power to convene the
committee at any time when the exi-
gencies of affairs require their meeting,
and shall have power TO keep order and
to cause rules of decorum to be OBJ
served, in as full manner as the
president of any other convention
whatever. And in all cases of NAL
administration or neglect of duty in
any officer, the party grieved shall ap-
peal 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 repri-
mand the offender as the dernerit of the
crime may deserve, or otherwise to
acquit the party accused, if found not
guilty.
Article the fourth. 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 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 the fifth. Civil officers shall
have power to take cognizance of
breaches of the peace or criminal often
ces, and where any person is con rvicted
OF an ofence not capital, the officer
before whom such offender is con vic ted
shall Immediately inflict the punish
ment directed by law for such offence.
But where the crime is capital, the
officer shall send such criminal, to-
gether with the evidences for or against
him or them, to the nearest 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 orright of property.
Article the sixth. Militia officers
shall have power to collect their regi-
ments or respective companies, emer-
gencies making it necessary, and in
case of invasion by the common enemy,
shall call out their companies regularly
by divisions, and each militia man