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.

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 selection in any of the said stations, and elect bothers 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." A land-office was now opened, the entry-taker being appointed by Judge Henderson, in accordance with the compact; and the lands, for costs of entry, etc., were registered for the nominal fee of ten dollars per thousand acres.

But as the Transylvania Company was never able to secure a "satisfactory and indisputable title," the clause resulted in perpetual nonpayment.