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

CHAPTER XV
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We were in four distinct settlem'ts.

Members or delegates from every place by free choice of Individuals they first having entered into writings solemnly binding themselves to obey and carry into Execution Such Laws as representatives should from time to time make, Concurred with, by A Majority of the Proprietors present in the Country." In reply to inquiries of the settlers, Judge Henderson gave as his reason for this assembling of a Transylvania Legislature that "all power was derived from the people." Six days before the prophetic arrival of the news of the Battle of Lexington and eight days before the revolutionary committee of Mecklenburg County, North Carolina, promulgated their memorable Resolves establishing laws for independent government, the pioneers assembled on the green beneath the mighty plane-tree at the Transylvania Fort.

In his wise and statesmanlike address to this picturesque convention of free Americans (May 23, 1775), an address which Felix Walker described as being "considered equal to any of like kind ever delivered to any deliberate body in that day and time," Judge Henderson used these memorable words: "You, perhaps, are fixing the palladium, or placing the first corner stone of an edifice, the height and magnificence of whose superstructure ...

can only become great in proportion to the excellence of its foundation....

If any doubt remain amongst you with respect to the force or efficiency of whatever laws you now, or hereafter make, be pleased to consider that ALL POWER IS ORIGINALLY IN THE PEOPLE; MAKE AND THEIR INTEREST, THEREFORE, BY IMPARTIAL AND BENEFICENT LAWS, AND YOU MAY BE SURE OF THEIR INCLINATION TO SEE THEM ENFORCED." 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.


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