[The Conquest of the Old Southwest by Archibald Henderson]@TWC D-Link book
The Conquest of the Old Southwest

CHAPTER XIII
4/11

The story of his life, thrilling in the extreme, is rich in all the multi-colored elements which impart romance to the arduous struggle of American civilization in the opening years of the republic.
The creative impulses in the Watauga commonwealth are hinted at by Dunmore, who serves, in the letter above quoted, that Watauga "sets a dangerous example to the people America, of forming governments distinct from and independent of his Majesty's authority." It is true that the experiment was somewhat limited.

The organization of the Watauga association, which constituted a temporary expedient to meet a crisis in the affairs of a frontier community cut off by forest wilderness and mountain barriers from the reach of the arm of royal or provincial government, is not to be compared with the revolutionary assemblage at Boonesborough, May 23, 1775, or with the extraordinary demands for inde pendence in Mecklenburg County, North Carolina, during the same month.
Nevertheless the Watauga settlers defied both North Carolina and the Crown, by adopting the laws of Virginia and by ignoring Governor Josiah Martin's proclamation (March 26, 1774) "requiring the said settlers immediately to retire from the Indian Territories." Moreover, Watauga really was the parent of a series of mimic republics in the Old Southwest, gradually tending toward higher forms of organization, with a larger measure of individual liberty.

Watauga, Transylvania, Cumberland, Franklin represent the evolving political genius of a free people under the creative leadership of three constructive minds--James Robertson, John Sevier, and Richard Henderson.

Indeed, Watauga furnished to Judge Henderson precisely the "dangerous example" of which Dunmore prophetically speaks.
Immediately upon his return in 1771 from the extended exploration of Kentucky, Daniel Boone as already noted was engaged as secret agent, to treat with the Cherokees for the lease or purchase of the trans-Alleghany region, on behalf of Judge Henderson and his associates.

Embroiled in the exciting issues of the Regulation and absorbed by his confining duties as colonial judge, Henderson was unable to put his bold design into execution until after the expiration of the court itself which ceased to exist in 1773.
Disregarding the royal proclamation of 1763 and Locke's Fundamental Constitutions for the Carolinas, which forbade private parties to purchase lands from the Indians, Judge Henderson applied to the highest judicial authorities in England to know if there was any law in existence forbidding purchase of lands from the Indian tribes.


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