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Colonial and State Records of North Carolina
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Articles of agreement between North Carolina and Franklin [state]
North Carolina; Franklin (state)
March 20, 1787
Volume 22, Pages 674-675

-------------------- page 674 --------------------
ARTICLES OF AGREEMENT.

At a Conference held at the house of Samuel Smith, Esquire, on the 20th day of March, 1787 between the Honble. Evan Shelby, Esquire, and Sundry Officers of the one part, and the Honble. John Sevier, and Sundry Officers of the other part:

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 same State, and the people residing therein.

The contending parties from the regard they have for peace tranquility and good decorum in the Western Country, do agree and recommend as follows:

First, That the Courts of the Justice do not proceed to transact any business in their Judicial departments, except the tryal of Criminals, the proving of wills, deeds, bills of Sales, and such like Conveyances, the issuing of attachments, with 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, and 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 preceeded against in the same manner as tho’ 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 and regulations, and set forth their grievances, if any they have, and solicit North Carolina, at the next Annual meeting of the General Assembly, for the 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

-------------------- page 675 --------------------
State from that of North Carolina, or be citizens of the State of North Carolina.

Signed and agreed on, in behalf of each Party, this day and year above written.

EVAN SHELBY,
JOHN SEVIER.
A true copy from the original.
John Rhea.

Endorsement:

Articles Agreed upon Between General Evan Shelby and others, on the part of North Carolina, and General John Sevier and others on the part of the State of Franklin.