concur in that &
every other measure we should adopt for the well Govern'g or good
of the Community in Gen'l." In reference to a conversation with
Captain James Harrod and Colonel Thomas Slaughter of Virginia,
Henderson notes in his diary (May 8th): "Our plan of Legislation,
the evils pointed out--the remedies to be applyed &c &c &c were
Acceeded to without Hesitation. The plann was plain & Simple--'twas
nothing novel in its essence a thousand years ago it was
in use, and found by every year's experience since to be
unexceptionable. We were in four distinct settlem'ts. Members or
delegates from every place by free choice of Individuals they
first having entered into writings solemnly binding themselves to
obey and carry into Execution Such Laws as representatives should
from time to time make, Concurred with, by A Majority of the
Proprietors present in the Country."

In reply to inquiries of the settlers, Judge Henderson gave as
his reason for this assembling of a Transylvania Legislature that
"all power was derived from the people." Six days before the
prophetic arrival of the news of the Battle of Lexington and
eight days before the revolutionary committee of Mecklenburg
County, North Carolina, promulgated their memorable Resolves
establishing laws for independent government, the pioneers
assembled on the green beneath the mighty plane-tree at the
Transylvania Fort. In his wise and statesmanlike address to this
picturesque convention of free Americans (May 23, 1775), an
address which Felix Walker described as being "considered equal
to any of like kind ever delivered to any deliberate body in that
day and time," Judge Henderson used these memorable words:

"You, perhaps, are fixing the palladium, or placing the first
corner stone of an edifice, the height and magnificence of whose
superstructure ... can only become great in proportion to the
excellence of its foundation.... If any doubt remain amongst
you with respect to the force or efficiency of whatever laws you
now, or hereafter make, be pleased to consider that ALL POWER IS
ORIGINALLY IN THE PEOPLE; MAKE AND THEIR INTEREST, THEREFORE, BY
IMPARTIAL AND BENEFICENT LAWS, AND YOU MAY BE SURE OF THEIR
INCLINATION TO SEE THEM ENFORCED."

An early writer, in speaking of the full blooded democracy of
these "advanced" sentiments, quaintly comments: "If Jeremy
Bentham had been in existence of manhood, he would have sent his
compliments to the President of Transylvani