The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790Henderson, Archibald
History
The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790
Henderson, Archibald
Frontier and pioneer life -- Southwest, Old; Kentucky -- History -- To 1792; Southwest, Old -- History; Tennessee -- History
An early writer, in speaking of the full-blooded democracy of these
"advanced" sentiments, quaintly comments: "If Jeremy Bentham had been in
existence of manhood, he would have sent his compliments to the
President of Transylvania." This, the first representative body of
American freemen which ever convened west of the Alleghanies, is surely
the most unique colonial government ever set up on this continent. The
proceedings of this backwoods legislature--the democratic leadership of
the principal proprietor; the prudence exhibited in the laws for
protecting game, breeding horses, etc.; the tolerance shown in the
granting of full religious liberty--all display the acumen and practical
wisdom of these pioneer law-givers. As the result of Henderson's
tactfulness, the proprietary form of government, thoroughly democratized
in tone, was complacently accepted by the backwoodsmen. From one who,
though still under royal rule, vehemently asserted that the source of
all political power was the people, and that "laws derive force and
efficiency from our mutual consent," Western democracy thus born in the
wilderness was "taking its first political lesson." In their answer to
Henderson's assertion of freedom from alien authority the pioneers
unhesitatingly declared: "That we have an absolute right, as a political
body, without giving umbrage to Great Britain, or any of the colonies,
to form rules for the government of our little society, cannot be
doubted by any sensible mind and being without the jurisdiction of, and
not answerable to any of his Majesty's courts, the constituting
tribunals of justice shall be a matter of our first contemplation...."
In the establishment of a constitution for the new colony, Henderson
with paternalistic wisdom induced the people to adopt a legal code based
on the laws of England. Out of a sense of self-protection he reserved
for the proprietors only one prerogative not granted them by the people,
the right of veto. He clearly realized that if this power were given up,
the delegates to any convention that might be held after the first would
be able to assume the claims and rights of the proprietors.
Public-domain text, read in full here on John Shaqi.
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