The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1934-11-30

of what it considered outlaw state. Hay
woods History of Tennessee, printed during the
early part of the last century. gives a vivid pic
ture of the state Of affairs existing:
In the early part of the year 1855 was pre-
sented the strange spectacle Of two empires ex-
ercised at and the same time one and
the same people. County courts were held in the
same counties, under both governments; the
militia were called out by officers appointed by
both laws were passed by both assemblies, and
taxes were laid by the authorities of both states.
"The judges commissioned by the state of
Franklin held supreme courts, twice in each
year, in Jonesboro Colonel Upton openly re-
fused obedience to the new government There
arose deadly hatred between him and Gov
ernor Sewer and each endeayoured, by all the
means in his power, to strengthen his party
against the other :. AS the process of the
courts frequently required the sherifs to pass
within the Jurisdiction of each other to execute
It recounter was sure to take place. Hence It
became necessary to appoint the stoutest
In the county to the Office Of sheriff
AS the civil strife increased, no wonder Sewer,
who had first been opposed to independence but
was forced into the movement for it and who
now found himself caught in trap should write
with some bitterness: 81 have been faithful, and
my own breast acquits myself that I have acted
no part but what has been Consistent with honor
How far our pretended patriots have supported
me as their pretended chiefe magistrate, leave
the world at large to Judge"
So involved and desperate had become the sit
uation that Cooke and Sewer In turn appealed
to wise old Ben Franklin, for whom their state
had been named, for aid and advice. In 1856
Franklin advised Cooke to submit the points in
dispute between North Carolina and its ilegiti-
mate offspring to congress for decision and to
abide by its decision But year later his views
had changed and he advised Sewer to try to
bring about some satisfactory compromise with
the mother state.
In September, 1877, the Franklin legislature
met for the last time and conditions were so
unsettled and uncertain that no attempt was
made to hold another election. In February,
17SS, adherents of Upton and Sewer had an
armed collision in which two men were killed
and several wounded. "Soon afterward Sewer
sent word to Upton that on condition his life
be spared he would submit to North Carolina"
writes Henderson. ION this note of tragi-comedy
the State Of Franklin appeared quietly to
pire" 1t drew its final breath the following
month, March, 17SS, when Sewers term as gov
ernor ended.
At that time he was fugitive in the distant
settlements because through the action of Gov
ernor Johnson of North Carolina. he had been
attained Of high treason Later he was arrested
by Upton on the treason charge, handcuffed and
taken first to Jonesborough, then to Morganton.
There the sheriff, who had fought with him at
Kings Mountain, knocked the irons from his
wrists and released him on parole. When some
of his devoted friends heard of the arrest of
their beloved "Nolichucky Jack" they rode swift
ly across the mountains to Morganton and bore
him away to a place of safety.
In November. 17sS, the North Carolina legis-
lature passed an act Of pardon and oblivion In
regard to the State Of Franklin which automat-
ically cleared Sewer of the charge OF treason
and removed any stigma there might have been
upon the citizenship of any others. Thus the
State of Franklin's turbulent existence Of four
years came to a close.
The later career of Sewer Is too well known
TO demand more than brief mention. Restored to
citizenship he was elected 60 the North Caro-
lima legislature and given his former rank of
brigadier- general Of the militia When North
Carolina ratified the Federal Constitution and
under that document Sewer was elected con-
gresham from the North Carolina district be
yond the mountains. In 1870 North Carolina ceded
her western lands again to the federal govern
ment and on April 2 of that year the cession
was accepted. On May 26 the Southwest terri
tory was organized and Sewer made general of
its militia Six years later this territory became
the state Of Tennessee and he was her first gov.
ernor So John Sewer entered the roll of unique
Americans In that he was the only man who
ever became governor Of two states. even though
one Of them was outlaw commonwealth,
state which existed In fact Il not In official form
eby western Newspaper Union