,[24] 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.[25] 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
imp