Here is a description of the formation of a small local government of 256 men where none had previously existed. Read into it what you will, but I think it is interesting.
THE WINNING OF THE WEST BY THEODORE ROOSEVELT
VOLUME TWO
FROM THE ALLEGHANIES TO THE MISSISSIPPI 1777-1783
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CHAPTER XI.
ROBERTSON FOUNDS THE CUMBERLAND SETTLEMENT, 1779-1780.
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As the country where they had settled belonged to no tribe of Indians, some of the people thought they would not be molested, and, being eager to take up the best lands, scattered out to live on separate claims. Robertson warned them that they would soon suffer from the savages; and his words speedily came true—whereupon the outlying cabins were deserted and all gathered within the stockades. In April roving parties of Delawares, Chickasaws, and Choctaws began to harass the settlement. As in Kentucky, so on the banks of the Cumberland, the Indians were the first to begin the conflict. The lands on which the whites settled were uninhabited, and were claimed as hunting-grounds by many hostile tribes; so that it is certain that no one tribe had any real title to them.
Formation of a Government.
True to their customs and traditions, and to their race-capacity for self-rule, the settlers determined forthwith to organize some kind of government under which justice might be done among themselves, and protection afforded against outside attack. Not only had the Indians begun their ravages, but turbulent and disorderly whites were also causing trouble. Robertson, who had been so largely instrumental in founding the Watauga settlement, and giving it laws, naturally took the lead in organizing this, the second community which he had caused to spring up in the wilderness. He summoned a meeting of delegates from the various stations, to be held at Nashborough; ... Henderson being foremost in advocating the adoption of the plan.
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The settlers, by their representatives, met together at Nashborough, and on May 1, 1780, entered into articles of agreement or a compact of government. It was doubtless drawn up by Robertson, with perhaps the help of Henderson, and was modelled upon what may be called the "constitution" of Watauga, with some hints from that of Transylvania. ... The settlers ratified the deeds of their delegates on May 13th, when they signed the articles, binding themselves to obey them to the number of two hundred and fifty-six men. The signers practically guaranteed one another their rights in the land, and their personal security against wrong-doers; those who did not sign were treated as having no rights whatever—a proper and necessary measure as it was essential that the naturally lawless elements should be forced to acknowledge some kind of authority.
The compact provided that the affairs of the community should be administered by a Court or Committee of twelve Judges, Triers or General Arbitrators, to be elected in the different stations by vote of all the freemen in them who were over twenty-one years of age. Three of the Triers were to come from Nashborough, two from Mansker's, two from Bledsoe's, and one from each of five other named stations. ... Whenever the freemen of any station were dissatisfied with their Triers, they could at once call a new election, at which others might be chosen in their stead. The Triers had no salaries, but the Clerk of the Court was allowed some very small fees, just enough to pay for the pens, ink, and paper, all of them scarce commodities. [Footnote: Haywood, 126.] The Court had jurisdiction in all cases of conflict over land titles; a land office being established and an entry taker appointed. Over half of the compact was devoted to the rules of the land office. The Court, acting by a majority of its members, was to have jurisdiction for the recovery of debt or damages, and to be allowed to tax costs. Three Triers were competent to make a Court to decide a case where the debt or damage was a hundred dollars or less; and there was no appeal from their decision. For a larger sum an appeal lay to the whole Court. The Court appointed whomsoever it pleased to see decisions executed. It had power to punish all offences against the peace of the community, all misdemeanors and criminal acts, provided only that its decisions did not go so far as to affect the life of the criminal. If the misdeed of the accused was such as to be dangerous to the State, or one "for which the benefit of clergy was taken away by law," he was to be bound and sent under guard to some place where he could be legally dealt with. The Court levied fines, payable in money or provisions, entered up judgments and awarded executions, and granted letters of administration upon estates of deceased persons, and took bonds "payable to the chairman of the Committee." The expenses were to be paid proportionately by the various settlers. It was provided, in view of the Indian incursions, that the militia officers elected at the various stations should have power to call out the militia when they deemed it necessary to repel or pursue the enemy. They were also given power to fine such men as disobeyed them, and to impress horses if need be; if damaged, the horses were to be paid for by the people of the station in the proportion the Court might direct. It was expressly declared that the compact was designed as a "temporary method of restraining the licentious"; that the settlement did not desire to be exempt from the ratable share of the expense for the Revolutionary war, and earnestly asked that North Carolina would immediately make it part of the State, erecting it into a county. Robertson was elected chairman of the Court, and colonel of the militia, being thus made both civil and military commandant of the settlement. In common with the other Triers he undertook the solemnization of marriages; and these were always held legal, which was fortunate, as it was a young and vigorous community, of which the members were much given to early wedlock.
Thus a little commonwealth, a self-governing state, was created. It was an absolute democracy, the majority of freemen of full age in each stockade having power in every respect, and being able not only to elect, but to dismiss their delegates at any moment. Their own good sense and a feeling of fair play could be depended upon to protect the rights of the minority, especially as a minority of such men would certainly not tolerate any thing even remotely resembling tyranny. They had formed a representative government in which the legislative and judicial functions were not separated, and were even to a large extent combined with the executive. They had proceeded in an eminently practical manner, having modelled their system on what was to them the familiar governmental unit of the county with its county court and county militia officers. They made the changes that their peculiar position required, grafting the elective and representative systems on the one they adopted, and of course enlarging the scope of the court's action. Their compact was thus in some sort an unconscious reproduction of the laws and customs of the old-time court-leet, profoundly modified to suit the peculiar needs of backwoods life, the intensely democratic temper of the pioneers and above all the military necessities of their existence. They had certain theories of liberty and justice; but they were too shrewd and hard-headed to try to build up a government on an entirely new foundation, when they had ready to hand materials with which they were familiar. They knew by experience the workings of the county system; all they did was to alter the immediate channel from which the court drew its powers, and to adapt the representation to the needs of a community where constant warfare obliged the settlers to gather in little groups, which served as natural units.