In this case the sheriff of the county of Hawkins granted the certificate of election to one man, and the three inspectors of the poll granted it to another.

On investigation by a committee of the Senate, it appeared that the poll was opened by the sheriff "on the third Friday and Saturday in August," as provided by law, but that in addition to the advertisement of the election which was published by the sheriff of Hawkins, who held under the Franklin Government, another proclamation, advertising the same election, was issued by the sheriff of the North Carolina county of Spencer, which had been recently created by North Carolina out of a portion of the territory of Hawkins County.

The North Carolina sheriff merely wished to embarrass his Franklin rival, and he succeeded admirably.

The Franklin man proclaimed that he would allow no one to vote who had not paid taxes to Franklin; but after three or four votes had been taken the approach of a body of armed adherents of the North Carolina interest caused the shutting of the polls.

The Franklin authorities then dispersed, the North Carolina sheriff having told them plainly that the matter would have to be settled by seeing which party was strongest.