North Carolina never recognized the independence of the Franklin State.
There were two factions in North Carolina politics on this question.[76]
One of these, led by John Sevier, the Governor of Franklin, advocated
independence; and the other, led by John Tipton, demanded the downfall of
Franklin. The Tipton faction won, and the Franklin State came to an end
in 1788.
III. THE STATUS OF THE NEGRO IN THE SOUTHWEST TERRITORY FROM 1790 TO 1796
The western part of North Carolina continued to demand a separate
political existence, and in February, 1790, it was ceded to the National
Government by North Carolina. The Act of Cession provided that “the
laws in force and in use in the State of North Carolina at this time,
shall be and continue in full force within the territory hereby ceded
until the same shall be repealed or otherwise altered by the legislative
authority of the said territory”; and also, “that no regulations made or
to be made by congress shall tend to emancipate slaves.”[77] The cession
was accepted by Congress April 2, 1790, on the above condition;[78]
and when Congress, on May 26, 1790, organized the government for the
Southwest Territory, it mentioned the conditions laid down in the Act of
Cession.[79]
The provisions of the Act of Cession show how slavery, as it had
developed in North Carolina by 1790, was transplanted and legalized in
the territory that became Tennessee in 1796. There is no recorded protest
on the part of the people of the territory. The contract between the
National Government, North Carolina, and the Southwest Territory, shows
that the economic importance of slavery was already recognized.
The legislation of the Territory on slavery consists of one act, relating
to the negro’s participation in court procedure. Negroes, whether bond
or free, were permitted to be witnesses for and against each other, but
denied this privilege in cases to which a white man was a party. Persons
of mixed blood, descended from negroes or Indians, inclusive of the third
generation, suffered a similar restriction. No person of mixed blood to
any degree whatever, who had been held in slavery, could be a witness
against a white person within twelve months of his liberation.[80]
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