The Winning of the West, Volume 1: From the Alleghanies to the Mississippi, 1769-1776Roosevelt, Theodore
History
The Winning of the West, Volume 1: From the Alleghanies to the Mississippi, 1769-1776
Roosevelt, Theodore
Northwest, Old -- History; United States -- Territorial expansion; West (U.S.) -- History
their decision, thus avoiding any necessity of proceeding against their
persons. On behalf of the community itself, they were not only permitted
to control its internal affairs, but also to secure lands by making
treaties with a foreign power, the Indians; a distinct exercise of the
right of sovereignty. They heard and adjudicated all cases of difference
between the settlers themselves; and took measures for the common
safety. In fact the dwellers, in this little outlying frontier
commonwealth, exercised the rights of full statehood for a number of
years; establishing in true American style a purely democratic
government with representative institutions, in which, under certain
restrictions, the will of the majority was supreme, while, nevertheless,
the largest individual freedom, and the utmost liberty of individual
initiative were retained. The framers showed the American predilection
for a written constitution or civil compact; and, what was more
important, they also showed the common-sense American spirit that led
them to adopt the scheme of government which should in the simplest way
best serve their needs, without bothering their heads over mere
high-sounding abstractions.[26]
The court or committee held their sessions at stated and regular times,
and took the law of Virginia as their standard for decisions. They saw
to the recording of deeds and wills, settled all questions of debt,
issued marriage licenses, and carried on a most vigorous warfare against
lawbreakers, especially horse-thieves.[27] For six years their
government continued in full vigor; then, in February, 1778, North
Carolina having organized Washington County, which included all of what
is now Tennessee, the governor of that State appointed justices of the
peace and militia officers for the new county, and the old system came
to an end. But Sevier, Robertson, and their fellow-committeemen were all
members of the new court, and continued almost without change their
former simple system of procedure and direct and expeditious methods of
administering justice; as justices of the peace they merely continued to
act as they acted while arbitrators of the Watauga Association, and in
their summary mode of dealing with evil-doers paid a good deal more heed
to the essence than to the forms of law. One record shows that a
horse-thief was arrested on Monday, tried on Wednesday, and hung on
Friday of the same week. Another deals with a claimant who, by his
attorney, moved to be sworn into his office of clerk, "but the court
swore in James Sevier, well knowing that said Sevier had been elected,"
and being evidently unwilling to waste their time hearing a contested
election case when their minds were already made up as to the equity of
the matter. They exercised the right of making suspicious individuals
leave the county.[28] They also at times became censors of morals, and
interfered with straightforward effectiveness to right wrongs for which
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