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Colonial and State Records of North Carolina
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Articles of agreement between North Carolina and Franklin [state] concerning taxes and legal business
North Carolina; Franklin (state)
March 21, 1787
Volume 20, Pages 647-648

ARTICLES AGREED UPON BY COL. SHELBY AND OTHERS ON THE PART OF NORTH CAROLINA AND JNO. SEVIER & OTHERS ON THE PART OF THE STATE OF FRANKLIN, AT A CONFERENCE HELD AT A HOUSE OF SAMUEL SMITHS, ESQUIRE, ON THE TWENTIETH DAY OF MARCH, 1787, BETWEEN HONBLE. EVAN SHELBY, ESQUIRE, AND SUNDRY OFFICERS OF THE ONE PART, AND THE HONBLE. JOHN SEVIER AND SUNDRY OFFICERS OF THE OTHER PART.
(From Executive Letter Book.)


March 21st, 1787.

Whereas, disputes have arisen Concerning the Propriety and Legality of the State of Franklin, and the Sovereignty and Jurisdiction of the State of North Carolina over the said State and the people residing therein.

The Contending parties from the regard they have to Peace, Tranquility

-------------------- page 648 --------------------
& good decorum in the Western Country, do agree and recommend as follows:

First, That the Courts of Justice do not proceed to transact any business in their Judicial departments, Except the trial of Criminals, the proving of Wills, deeds, bills of sales, and such like Conveyances, the issuing of attachments, writs and any legal process, so as to procure bail but not to enter into final Determinations of the suits, except the parties are mutually agreed thereto.

Secondly, That the Inhabitants residing within the said disputed Territory are at full Liberty and Discretion to pay their Public Taxes, to either the State of North Carolina or the State of Franklin.

Thirdly, That this Agreement and Recommendation Continue until the Next Annual sitting of the General Assembly of North Carolina to be held in November next, & no Longer.

It is further agreed, that if any person guilty of Felony be Committed by any North Carolina Justice of the Peace, that such person or persons may and shall be received by the Franklin Sheriff or Gaoler of Washington, and proceeded against in the same manner as if the same had been Committed by and from any such Authority from under the State of Franklin.

It is also recommended that the aforesaid people do take such modes & Regulations, and set forth their Grievances if any they have, and Solicit North Carolina at the Next Annual Meeting of the General Assembly for to Compleat the separation if thought Necessary by the Inhabitants of the Western Country, as to them may appear most expedient, and give their Members or Representatives such Instructions as may be thought most Conducive to the Interest of our Western World, by a Majority of the same, either to be a separate State from that of North Carolina or be Citizens of the State of North Carolina.

Signed and Agreed on behalf of each party this day and year above written.

EVAN SHELBY,
JOHN SEVIER.

A true copy from the Original:

John Rhea.