LITMIR.BIZ

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and either three-legged stools or else chairs with backs and seats of undressed deer hides. Robertson's energy and his remarkable natural ability brought him to the front at once, in every way; although, as already said, he had much less than even the average backwoods education, for he could not read when he was married, while most of the frontiersmen could not only read but also write, or at least sign their names.221

      Sevier, who came to the Watauga early in 1772, nearly a year after Robertson and his little colony had arrived, differed widely from his friend in almost every respect save highmindedness and dauntless, invincible courage. He was a gentleman by birth and breeding, the son of a Huguenot who had settled in the Shenandoah Valley. He had received a fair education, and though never fond of books, he was to the end of his days an interested and intelligent observer of men and things, both in America and Europe. He corresponded on intimate and equal terms with Madison, Franklin, and others of our most polished statesmen; while Robertson's letters, when he had finally learned to write them himself, were almost as remarkable for their phenomenally bad spelling as for their shrewd common-sense and homely, straightforward honesty. Sevier was a very handsome man; during his lifetime he was reputed the handsomest in Tennessee. He was tall, fair-skinned, blue-eyed, brown-haired, of slender build, with erect, military carriage and commanding bearing, his lithe, finely proportioned figure being well set off by the hunting-shirt which he almost invariably wore. From his French forefathers he inherited a gay, pleasure-loving temperament, that made him the most charming of companions. His manners were polished and easy, and he had great natural dignity. Over the backwoodsmen he exercised an almost unbounded influence, due as much to his ready tact, invariable courtesy, and lavish, generous hospitality, as to the skill and dashing prowess which made him the most renowned Indian fighter of the Southwest. He had an eager, impetuous nature, and was very ambitious, being almost as fond of popularity as of Indian-fighting.222 He was already married, and the father of two children, when he came to the Watauga, and, like Robertson, was seeking a new and better home for his family in the west. So far, his life had been as uneventful as that of any other spirited young borderer; his business had been that of a frontier Indian trader; he had taken part in one or two unimportant Indian skirmishes.223 Later he was commissioned by Lord Dunmore as a captain in the Virginia line.

      Such were Sevier and Robertson, the leaders in the little frontier outpost of civilization that was struggling to maintain itself on the Watauga; and these two men afterwards proved themselves to be, with the exception of George Rogers Clark, the greatest of the first generation of Trans-Alleghany pioneers.

      Their followers were worthy of them. All alike were keenly alive to the disadvantages of living in a community where there was neither law nor officer to enforce it. Accordingly, with their characteristic capacity for combination, so striking as existing together with the equally characteristic capacity for individual self-help, the settlers determined to organize a government of their own. They promptly put their resolution into effect early in the spring of 1772, Robertson being apparently the leader in the movement.

      They decided to adopt written articles of agreement, by which their conduct should be governed; and these were known as the Articles of the Watauga Association. They formed a written constitution, the first ever adopted west of the mountains, or by a community composed of American-born freemen. It is this fact of the early independence and self-government of the settlers along the head-waters of the Tennessee that gives to their history its peculiar importance. They were the first men of American birth to establish a free and independent community on the continent. Even before this date, there had been straggling settlements of Pennsylvanians and Virginians along the head-waters of the Ohio; but these settlements remained mere parts of the colonies behind them, and neither grew into a separate community, nor played a distinctive part in the growth of the west.

      The first step taken by the Watauga settlers,224 when they had determined to organize, was to meet in general convention, holding a kind of folk-thing, akin to the New England town-meeting. They then elected a representative assembly, a small parliament or "witanagemot," which met at Robertson's station. Apparently the freemen of each little fort or palisaded village, each blockhouse that was the centre of a group of detached cabins and clearings, sent a member to this first frontier legislature.225 It consisted of thirteen representatives, who proceeded to elect from their number five—among them Sevier and Robertson—to form a committee or court, which should carry on the actual business of government, and should exercise both judicial and executive functions. This court had a clerk and a sheriff, or executive officer, who respectively recorded and enforced their decrees. The five members of this court, who are sometimes referred to as arbitrators, and sometimes as commissioners, had entire control of all matters affecting the common weal; and all affairs in controversy were settled by the decision of a majority. They elected one of their number as chairman, he being also ex-officio chairman of the committee of thirteen; and all their proceedings were noted for the prudence and moderation with which they behaved in their somewhat anomalous position. They were careful to avoid embroiling themselves with the neighboring colonial legislatures; and in dealing with non-residents they made them give bonds to abide by their decision, thus avoiding any necessity of proceeding against their persons. On behalf of the community itself, they were not only permitted to control its internal affairs, but also to secure lands by making treaties with a foreign power, the Indians; a distinct exercise of the right of sovereignty. They heard and adjudicated all cases of difference between the settlers themselves; and took measures for the common safety. In fact the dwellers, in this little outlying frontier commonwealth, exercised the rights of full statehood for a number of years; establishing in true American style a purely democratic government with representative institutions, in which, under certain restrictions, the will of the majority was supreme, while, nevertheless, the largest individual freedom, and the utmost liberty of individual initiative were retained. The framers showed the American predilection for a written constitution or civil compact; and, what was more important, they also showed the common-sense American spirit that led them to adopt the scheme of government which should in the simplest way best serve their needs, without bothering their heads over mere high-sounding abstractions.226

      The court or committee held their sessions at stated and regular times, and took the law of Virginia as their standard for decisions. They saw to the recording of deeds and wills, settled all questions of debt, issued marriage licenses, and carried on a most vigorous warfare against lawbreakers, especially horse-thieves.227 For six years their government continued in full vigor; then, in February, 1778, North Carolina having organized Washington County, which included all of what is now Tennessee, the governor of that State appointed justices of the peace and militia officers for the new county, and the old system came to an end. But Sevier, Robertson, and their fellow-committeemen were all members of the new court, and continued almost without change their former simple system of procedure and direct and expeditious methods of administering justice; as justices of the peace they merely continued to act as they acted while arbitrators of the Watauga Association, and in their summary mode of dealing with evil-doers paid a good deal more heed to the essence than to the forms of law. One record shows that a horse-thief was arrested on Monday, tried on Wednesday, and hung on Friday of the same week. Another deals with a claimant who, by his attorney, moved to be sworn into his office of clerk, "but the court swore in James Sevier, well knowing that said Sevier had been elected," and being evidently unwilling to waste their time hearing a contested election case when their minds were already made up as to the equity of the matter. They exercised the right of making suspicious individuals leave the county.228 They also at times became censors of morals, and interfered with straightforward effectiveness to right wrongs for which a more refined and elaborate system of jurisprudence would have provided only cumbersome and inadequate remedies. Thus one of their entries is to the effect that a certain man is ordered "to return to his family and demean himself as a good citizen, he having admitted in open court that he had left his wife and took up with another woman." From the character of the judges who made the decision, it is safe to presume that the delinquent either obeyed it or else promptly fled to the Indians for safety.229 This fleeing to the Indians, by the way, was a feat often performed by the worst criminals—for the renegade, the man who had "painted his face" and deserted those of his own color, was a being as well known as he was abhorred and despised on the border, where such a deed was held to be the one unpardonable crime.

      So much for the way in which

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