Henderson also outlined some of the laws he thought it advisable to enact, and the Legislature followed his advice. They provided for courts of law, for regulating the militia, for punishing criminals, fixing sheriffs’ and clerks’ fees, and issuing writs of attachment.[23] One of the members was a clergyman: owing to him a law was passed forbidding profane swearing or Sabbath-breaking; a puritanic touch which showed the mountain rather than the seaboard origin of the men settling Kentucky. The three remaining laws the Legislature enacted were much more characteristic, and were all introduced by the two Boons—for Squire Boon was still the companion of his brother. As was fit and proper, it fell to the lot of the greatest of backwoods hunters to propose a scheme for game protection, which the Legislature immediately adopted; and his was likewise the “act for preserving the breed of horses,”—for, from the very outset, the Kentuckians showed the love for fine horses and for horse-racing which has ever since distinguished them. Squire Boon was the author of a law “to protect the range”; for the preservation of the range or natural pasture over which the branded horses and cattle of the pioneers ranged at will, was as necessary to the welfare of the stock as the preservation of the game was to the welfare of the men. In Kentucky the range was excellent, abounding not only in fine grass, but in cane and wild peas, and the animals grazed on it throughout the year. Fires sometimes utterly destroyed immense tracts of this pasture, causing heavy loss to the settlers; and one of the first cares of pioneer legislative bodies was to guard against such accidents.
It was likewise stipulated that there should be complete religious freedom and toleration for all sects. This seems natural enough now, but in the eighteenth century the precedents were the other way. Kentucky showed its essentially American character in nothing more than the diversity of religious belief among the settlers from the very start. They came almost entirely from the backwoods mountaineers of Virginia, Pennsylvania, and North Carolina, among whom the predominant faith had been Presbyterianism; but from the beginning they were occasionally visited by Baptist preachers,[24] whose creed spread to the borders sooner than Methodism; and among the original settlers of Harrodsburg were some Catholic Marylanders.[25] The first service ever held in Kentucky was by a clergyman of the Church of England, soon after Henderson’s arrival; but this was merely owing to the presence of Henderson himself, who, it must be remembered, was not in the least a backwoods product. He stood completely isolated from the other immigrants during his brief existence as a pioneer, and had his real relationship with the old English founders of the proprietary colonies, and with the more modern American land speculators, whose schemes are so often mentioned during the last half of the eighteenth century. Episcopacy was an exotic in the backwoods; it did not take real root in Kentucky till long after that commonwealth had emerged from the pioneer stage.