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
In the midst of the famine during this terrible period of the "hard
winter," Judge Henderson was sorely concerned for the fate of the new
colony which he had projected, and immediately proceeded to purchase at
huge cost a large stock of corn. On March 5, 1780, this corn, which had
been raised by Captain Nathaniel Hart, was "sent from Boonesborough in
perogues [pettiaugers or flatboats] under the command of William Bailey
Smith.... This corn was taken down the Kentucky River, and over the
Falls of Ohio, to the mouth of the Cumberland, and thence up that river
to the fort at the French Lick. It is believed have been the only bread
which the settlers had until it was raised there in 1781." [194] There
is genuine impressiveness in this heroic triumphing over the obstacles
of obdurate nature and this paternalistic provision for the exposed
Cumberland settlement--the purchase by Judge Henderson, the shipment by
Captain Hart, and the transportation by Colonel Smith, in an awful
winter of bitter cold and obstructed navigation, of this indispensable
quantity of corn purchased for sixty thousand dollars in depreciated
currency.
Upon his arrival at the French Lick, shortly after the middle of April,
Judge Henderson at once proceeded to organize a government for the
little community. On May 1st articles of association were drawn up; and
important additions thereto were made on May 13th, when the settlers
signed the complete series. The original document, still preserved, was
drafted by Judge Henderson, being written throughout in his own
handwriting; and his name heads the list of two hundred and fifty and
more signatures. [195] The "Cumberland Compact," as this paper is
called, is fundamentally a mutual contract between the copartners of the
Transylvania Company and the settlers upon the lands claimed by the
company. It represents the collective will of the community; and on
account of the careful provisions safeguarding the rights of each party
to the contract it may be called a bill of rights. The organization of
this pure democracy was sound and admirable--another notable early
example of the commission form of government. The most remarkable
feature of this backwoods constitution marks Judge Henderson as a
pioneer in the use of the political device so prominent to-day, one
hundred and forty years later--the "recall of judges." In the following
striking clause this innovation in government was recognized thus early
in American history as the most effective means of securing and
safeguarding justice in a democracy:
As often as the people in general are dissatisfied with the doings of
the Judges or Triers so to be chosen, they may call a new election in
any of the said stations, and elect others in their stead, having due
respect to the number now agreed to be elected at each station, which
persons so to be chosen shall have the same power with those in whose
room or place they shall or may be chosen to act.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account