Pioneers of the Old Southwest [72]
to their old positions. Tipton's star was now in the ascendant, for his enemy was to be made the vicarious sacrifice for the sins of all whom he had "led astray." Presently David Campbell, still graciously permitted to preside over the Superior Court, received from the Governor of North Carolina the following letter:
"Sir: It has been represented to the Executive that John Sevier, who style's himself Captain-General of the State of Franklin, has been guilty of high treason in levying troops to oppose the laws and government of the State.... You will issue your warrant to apprehend the said John Sevier, and in case he cannot be sufficiently secured for trial in the District of Washington, order him to be committed to the public gaol."
The judge's authority was to be exercised after he had examined the "affidavits of credible persons." Campbell's judicial opinion seems to have been that any affidavit against "the said John Sevier" could not be made by a "credible person." He refused to issue the warrant. Tipton's friend, Spencer, who had been North Carolina's judge of the Superior Court in the West and who was sharing that honor now with Campbell, issued the warrant and sent Tipton to make the arrest.
Sevier was at the Widow Brown's inn with some of his men when Tipton at last came up with him. It was early morning. Tipton and his posse were about to enter when the portly and dauntless widow, surmising their errand, drew her chair into the doorway, plumped herself down in it, and refused to budge for all the writs in North Carolina. Tipton blustered and the widow rocked. The altercation awakened Sevier. He dressed hurriedly and came down. As soon as he presented himself on the porch, Tipton thrust his pistol against his body, evidently with intent to fire if Sevier made signs of resistance. Sevier's furious followers were not disposed to let him be taken without a fight, but he admonished them to respect the law, and requested that they would inform Bonnie Kate of his predicament. Then, debonair as ever, with perhaps a tinge of contempt at the corners of his mouth, he held out his wrists for the manacles which Tipton insisted on fastening upon them.
It was not likely that any jail in the western country could hold Nolichucky Jack overnight. Tipton feared a riot; and it was decided to send the prisoner for incarceration and trial to Morgantown in North Carolina, just over the hills.
Tipton did not accompany the guards he sent with Sevier. It was stated and commonly believed that he had given instructions of which the honorable men among his friends were ignorant. When the party entered the mountains, two of the guards were to lag behind with the prisoner, till the others were out of sight on the twisting trail. Then one of the two was to kill Sevier and assert that he had done it because Sevier had attempted to escape. It fell out almost as planned, except that the other guard warned Sevier of the fate in store for him and gave him a chance to flee. In plunging down the mountain, Sevier's horse was entangled in a thicket. The would-be murderer overtook him and fired; but here again fate had interposed for her favorite. The ball had dropped out of the assassin's pistol. So Sevier reached Morgantown in safety and was deposited in care of the sheriff, who was doubtless cautioned to take a good look at the prisoner and know him for a dangerous and a daring man.
There is a story to the effect that, when Sevier was arraigned in the courthouse at Morgantown and presently dashed through the door and away on a racer that had been brought up by some of his friends, among those who witnessed the proceedings was a young Ulster Scot named Andrew Jackson; and that on this occasion these two men, later to become foes, first saw each other. Jackson may have been in Morgantown at the time, though this is disputed; but the rest of the tale is pure legend invented by some one whose love of the spectacular led him far from the facts. The facts are less theatrical but much more dramatic. Sevier was not arraigned at all, for
"Sir: It has been represented to the Executive that John Sevier, who style's himself Captain-General of the State of Franklin, has been guilty of high treason in levying troops to oppose the laws and government of the State.... You will issue your warrant to apprehend the said John Sevier, and in case he cannot be sufficiently secured for trial in the District of Washington, order him to be committed to the public gaol."
The judge's authority was to be exercised after he had examined the "affidavits of credible persons." Campbell's judicial opinion seems to have been that any affidavit against "the said John Sevier" could not be made by a "credible person." He refused to issue the warrant. Tipton's friend, Spencer, who had been North Carolina's judge of the Superior Court in the West and who was sharing that honor now with Campbell, issued the warrant and sent Tipton to make the arrest.
Sevier was at the Widow Brown's inn with some of his men when Tipton at last came up with him. It was early morning. Tipton and his posse were about to enter when the portly and dauntless widow, surmising their errand, drew her chair into the doorway, plumped herself down in it, and refused to budge for all the writs in North Carolina. Tipton blustered and the widow rocked. The altercation awakened Sevier. He dressed hurriedly and came down. As soon as he presented himself on the porch, Tipton thrust his pistol against his body, evidently with intent to fire if Sevier made signs of resistance. Sevier's furious followers were not disposed to let him be taken without a fight, but he admonished them to respect the law, and requested that they would inform Bonnie Kate of his predicament. Then, debonair as ever, with perhaps a tinge of contempt at the corners of his mouth, he held out his wrists for the manacles which Tipton insisted on fastening upon them.
It was not likely that any jail in the western country could hold Nolichucky Jack overnight. Tipton feared a riot; and it was decided to send the prisoner for incarceration and trial to Morgantown in North Carolina, just over the hills.
Tipton did not accompany the guards he sent with Sevier. It was stated and commonly believed that he had given instructions of which the honorable men among his friends were ignorant. When the party entered the mountains, two of the guards were to lag behind with the prisoner, till the others were out of sight on the twisting trail. Then one of the two was to kill Sevier and assert that he had done it because Sevier had attempted to escape. It fell out almost as planned, except that the other guard warned Sevier of the fate in store for him and gave him a chance to flee. In plunging down the mountain, Sevier's horse was entangled in a thicket. The would-be murderer overtook him and fired; but here again fate had interposed for her favorite. The ball had dropped out of the assassin's pistol. So Sevier reached Morgantown in safety and was deposited in care of the sheriff, who was doubtless cautioned to take a good look at the prisoner and know him for a dangerous and a daring man.
There is a story to the effect that, when Sevier was arraigned in the courthouse at Morgantown and presently dashed through the door and away on a racer that had been brought up by some of his friends, among those who witnessed the proceedings was a young Ulster Scot named Andrew Jackson; and that on this occasion these two men, later to become foes, first saw each other. Jackson may have been in Morgantown at the time, though this is disputed; but the rest of the tale is pure legend invented by some one whose love of the spectacular led him far from the facts. The facts are less theatrical but much more dramatic. Sevier was not arraigned at all, for