[The Conquest of the Old Southwest by Archibald Henderson]@TWC D-Link bookThe Conquest of the Old Southwest CHAPTER XV 7/9
The proceedings of this backwoods legislature--the democratic leader ship 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 backwoods men.
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. A land-office was formally opened, deeds were issued, and a store was established which supplied the colonists with powder, lead, salt, osnaburgs, blankets, and other chief necessities of pioneer existence.
<<Back Index Next>> D-Link book Top TWC mobile books
|