The Settlement of Illinois, 1778-1830 Part 2

Louis wrote to the French at Kaskaskia, Cahokia, and Vincennes, respectively, inviting them to settle west of the Mississippi and offering free lands.(109) Mr. Tardiveau, the agent for the Illinois settlers to Congress, tried to induce Congress to repeal the anti-slavery clause of the Ordinance. He said that it threatened to be the ruin of Illinois.

Designing persons had told the French that the moment Gen. St. Clair arrived all their slaves would be free. Failing in his efforts to secure a repeal, he wrote to Gen. St. Clair, asking him to secure from Congress a resolution giving the true intent of the act.(110) In this letter, Tardiveau advanced the doctrine, later so much used, that the evils of slavery would be mitigated by its diffusion.(111) The first panic of the French only gradually subsided and the question of slavery was a persistent one.

One of the most industrious of those interested in the sale of Spanish lands was George Morgan, of New Jersey.(112) In 1788, he tried to secure land in Illinois also. He and his a.s.sociates pet.i.tioned Congress to sell them a tract of land on the Mississippi. A congressional committee found upon investigation that the proposed purchase comprised all of the French settlements in Illinois.(113) Thereupon was pa.s.sed the Act of June 20, 1788. According to its provisions, the French inhabitants of Illinois were to be confirmed in their possessions and each family which was living in the district before the year 1783 was to be given a bounty of four hundred acres. These bounty-lands were to be laid off in three parallelograms, at Kaskaskia, Prairie du Rocher, and Cahokia, respectively. They were to be bounded on the east by the ridge of rocks-a natural formation trending from north to south, a short distance to the east of the French settlements. Morgan was to be sold a large described tract for not less than sixty-six and two-thirds cents per acre. Indian t.i.tles were to be extinguished if necessary.(114)

The Act of June 20, 1788, is an important landmark in the settlement of Illinois. The grant of bounty-lands was made for the purpose of giving the French settlers a means of support when the fur-trade and hunting should have become unprofitable from the advance of American settlement. This was a clear acknowledgment that the Indians were right in believing, as they did, that the American settlement would be fatal to Indian hunting-grounds. The Indians were soon bitterly hostile. Then, too, the claims of the settlers to land, founded upon French, British, or Virginia grants, were to be investigated. This investigation dragged on year after year, even for decades, and as it was the policy of the United States not to sell public land in Illinois until these claims were settled, the country became a great squatters'(115) camp. The length of the investigation was doubtless due in part to the utter carelessness of the French in giving and in keeping their evidences of t.i.tle.

By a congressional resolution of August 28, 1788, it was provided that the lands donated to Illinois settlers should be located east, instead of west, of the ridge of rocks. As this would throw the land too far from the settlements to be available, pet.i.tions followed for the restoration of the provisions of June 20, and in 1791 the original location was decreed. By a resolution of August 29, 1788, the governor of the Northwest Territory was ordered to carry out the provisions of the acts of June 20 and August 28, 1788, respectively.(116)

The beginning of operations, in accordance with the acts just cited, was delayed by the fact that the governor and judges, appointed under the Ordinance of 1787, and who alone could inst.i.tute government under it, did not reach the Illinois country until 1790. In the meantime, anarchy continued. Contemporary accounts give a good idea of the attempts at government during the time, and the fact of their great interest, combined with the fact that most of them are yet unpublished, seems to warrant treatment of the subject at some length.

The court at Kaskaskia met more than a score of times during 1787 and 1788. Its record consists in large part of mere meetings and adjournments.

All members of the court were French, while litigants and the single jury recorded were Americans. Jurors from Bellefontaine received forty-five livres each, and those from Prairie du Rocher, twenty-five livres each.

This court seems to have been utterly worthless.(117) At Vincennes, matters were at least as bad. "It was the most unjust court that could have been invented. If anybody called for a court, the president had 20 livers in peltry; 14 magistrates, each 10 livers; for a room, 10 livers; other small expenses, 10 livers; total in peltry, 180 livers-which is 360 in money. So that a man who had twenty or thirty dollars due, was obliged to pay, if he wanted a court, 180 livers in peltry: This court also never granted an execution, but only took care to have the fees of the court paid. The government of this country has been in the Le Gras and Gamelin family for a long time, to the great dissatisfaction of the people, who presented me a Pet.i.tion some days ago, wherein they complained of the injustice of their court-in consequence of which, I have dissolved the old court, ordered new magistrates to be elected, and established new regulations for them to go by."(118) Upon the dissolution of the court, Maj. Hamtramck issued the following:

"REGULATIONS FOR THE COURT OF POST VINCENNES.

"In consequence of a Pet.i.tion presented to me by the people of Post Vincennes, wherein they complain of the great expence to which each individual is exposed in the recovery of his property by the present court, and as they express a wish to have another mode established for the administration of justice-I do, therefore, by these presents, dissolve the said court, and direct that five magistrates be elected by the suffrages of the people who, when chosen, will meet and settle their seniority.

"One magistrate will have power to try causes, not exceeding fifty livers in peltry. Two magistrates will determine all causes not exceeding one hundred livers in peltry,-from their decision any person aggrieved may (on paying the cost of the suit) appeal to the District Court, which will consist of three magistrates; the senior one will preside. They will meet the third Tuesday in every month and set two days, unless the business before them be completed within that time. All causes in this court shall be determined by a jury of twelve inhabitants. Any person summoned by the sheriff as a juryman who refuses or neglects to attend, shall be fined the price of a day's labour. In case of indisposition, he will, previous to the sitting of the court, inform the clerk, Mr. Antoine Gamelin, who will order such vacancies to be filled.

"The fees of the court shall be as follows: A magistrate, for every cause of fifty livers or upwards in peltry, shall receive one pistole in peltry, and in proportion for a lesser sum. The sheriff for serving a writ or a warrant shall receive three livers in peltry; for levying an execution, 5 per cent, including the fees of the clerk of the court.

"The clerk for issuing a writ shall receive three livers in peltry, and all other fees as heretofore. The jury being an office which will be reciprocal, are not to receive pay. All expenses of the court are to be paid by the person that is cast. This last part may appear to you to be an extraordinary charge-but my reason for mentioning it is, that formerly the court made the one who was most able pay the fees of the court, whether he lost or no.

"The magistrates, before they enter into the execution of their office, will take the following oath before the commandant: I, A., do swear that I will administer justice impartially, and to the best of my knowledge and understanding, so help me G.o.d.

"Given under my hand this 5th day of April, 1788."

(Signed) J. F. HAMTRAMCK, Majr. Comd'g.(119)

A little later, Hamtramck wrote: "Our new government has taken place; five magistrates have been elected by the suffrage of the people, but not one of the Ottoman families remains in. One Mr. Miliet, Mr. Henry, Mr.

Bagargon, Capt. Johnson, and Capt. Dalton, have been elected. You will be surprised to see Dalton in office; but I found that he had too many friends to refuse him. I keep a watch-side eye over him, and find that he conducts himself with great propriety."(120)

The relief afforded by the new court was not complete, for soon came the report: "The people are very impatient to see Gen. St. Clair or some of the judges; in fact, they are very much wanted."(121) The term of the members of the court expired in April, 1789, and no new members were elected, because the early arrival of Gen. St. Clair was expected.(122) An interregnum occurred, and in November, 1789, Hamtramck wrote to Harmar: "It is high time that government should take place in this country, and if it should happen that the Governor was not to come, nor any of the Judges, I would beg (for the sake of the people) that his Excellency would give me certain powers to create magistrates, a Sheriff and other officers, for the purpose of establishing Courts of Justice-for, at present, there are none, owing to the daily expectation of the arrival of the Governor. Those that had been appointed by the people last year, their authority has been refused in the courts of Kentucky, they declaring that by the resolve of Congress, neither the people of Post Vincennes, or the commanding officer, had a right to appoint magistrates; that the power was vested in the Governor only, and that it was an usurped authority. You see, Sir, how much to the prejudice of the people their present situation is, and how necessary it is that some steps should be taken to relieve them.

"The powers of the magistrates may be circ.u.mscribed as his Excellency may think proper, but the necessity of having such characters will appear when I a.s.sure you that at present no person here, can administer an oath which will be considered legal in the courts of Kentucky-and for the reasons above mentioned."(123)

At last, on June 19, 1790, the judges for the Northwest Territory arrived at Vincennes.(124)

The situation at Kaskaskia was even worse than that at Vincennes, because Vincennes had a garrison. To understand the complaints of the time, it is necessary to notice the relations with Spain. On the first day of 1788, Hamtramck wrote: "The Spanish commanding officers of the different posts on the Mississippi are encouraging settlers by giving them lands gratis. A village by the name of Zewapetas, which is about thirty miles above the mouth of the Ohio, and which was begun last summer, consists now of thirty or fifty families."(125) In the following October, Morgan made flattering offers to persons who would settle at New Madrid.(126) At the same time, the Mississippi was closed to Americans. Joseph St. Marie, of Vincennes, sent his clerk with a load of peltry to be traded to the Indians on the banks of the Mississippi. His goods were seized and confiscated by the Spanish commander at the Arkansas Post. The commander said that his orders were to seize all goods of Americans, found in the Mississippi below the mouth of the Ohio. Upon appeal to Gov. Miro, of Louisiana, the governor said that the court of Spain had given orders to send offending traders prisoners to the mines of Brazil.(127)

The combination of inducements to such as would become Spanish subjects and of severity to such as would not do so, secured Spain some settlers.

Hamtramck said: "I am fearful that the Governor will not find many people in the Illinois, as they are daily going on the Spanish side. I believe that all our Americans of Post Vincennes will go to Morgan-a number of them are already gone to see him. I am told that Mr. Morgan has taken unwarrantable measures to invite the people of Illinois to come to him, saying that the Governor never would come in that country, and that their negroes were all free the moment the government should be established-for which all the remaining good inhabitants propose to go to him. I can not give you this for certain; I will know better in a short time, and inform you."(128) "I have the honor to enclose you Mr. Morgan's letter _at his request_, and one for you. You will see in Mr. Morgan's that a post will be established opposite the Ohio; and if what Mr. Morgan says is true (which I doubt not), respecting the inhabitants of the Illinois, the Governor will have no occasion to go there. Will you be so good as to inform me if Congress have changed their resolution respecting the freedom of the negroes of this country; and if they are free from the day of the resolve, or if from the day it is published in a district."(129) A few weeks later, Harmar wrote to St. Clair: "The emigration continues, it possible, more rapid than ever; within these twenty days, not less than one hundred souls have pa.s.sed [Fort Harmar, at Falls of Ohio] daily: the people are all taken up with Col. Morgan's New Madrid.... The generality of the inhabitants of Kaskaskias, and a number of those at Post Vincennes, I am informed, have quit those villages, and gone over to the Spanish side. The arrival of your Excellency amongst them, I believe is anxiously expected."(130)

The Indians were very hostile, and it is noteworthy that by the middle of 1789, the comparative immunity of the French from attack had ceased. Only negroes were safe, and they, probably, because they sold well.(131) Civil government was at low ebb in the Kaskaskia region. By January, 1789, the court at Kaskaskia had dissolved.(132)

The depopulation of Illinois led Hamtramck to write to Bartholomew Tardiveau, at the Falls of Ohio, asking whether it were true that the slaves of the French were to be free. Tardiveau responded that it was not true, and that he had written from New York, the preceding December, to Hamtramck and to Illinois concerning the matter, but that his letters had been intercepted. The true meaning of the resolve of Congress was published at Vincennes upon the receipt of Tardiveau's letter and was to be published in Illinois at the first opportunity. The narration of these facts was closed by the statement that if the governor or the judges did not come soon, most of the people would go to the Spanish side, "for they begin to think there are no such men as a Governor or Judges."(133)

In September, 1789, Hamtramck received the following pet.i.tion from Kaskaskia:

"To John Francis Hamtramck, Esqr., Major of the 1st U. S. Regt. and commandant at Post Vincennes, &c. &c.

"The inhabitants of Kaskaskias, in the Illinois, beg leave to address you, as the next commanding officer in the service of the United States, to lay before you the deplorable situation we are reduced to, and the absolute necessity of our being speedily succoured to prevent as well our total ruin, as that of the place.

"The Indians are greatly more numerous than the white people, and are rather hostilely inclined; the name of an American among them is a disgrace, because we have no superior. Our horses, horned cattle, and corn are stolen and destroyed without the power of making any effectual resistance. Our houses are in ruin and decay; our lands are uncultivated; debtors absconded and absconding; our little commerce destroyed. We are apprehensive of a dearth of corn, and our best prospects are misery and distress, or what is more than probable an untimely death by the hands of Savages.

"We are well convinced that all these misfortunes have befallen us for want of some superior, or commanding authority; for ever since the cession of this Territory to Congress, we have been neglected as an abandoned people, to encounter all the difficulties that are always attendant upon anarchy and confusion; neither did we know from authority until latterly, to what power we were subject. The greater part of our citizens have left the country on this account to reside in the Spanish dominions; others are now following, and we are fearful, nay, certain, that without your a.s.sistance, the small remainder will be obliged to follow their example.

"Thus situated, our last resource is to you, Sir, hoping and praying that you will so far use your authority to save an almost deserted country from destruction, and to order or procure the small number of twenty men with an officer, to be stationed among us for our defence; and that you will make order for the establishment of a civil court to take place immediately and to continue in force until the pleasure of his Excellency the Governor shall be known, and to whom we beg you would communicate our distress.

"We beg your answer by the return of the bearer, addressed to the Revd Mr.

Le Dru, our Priest, who signs this in the name and at the request, of the inhabitants.

"Dated at Kaskaskia the fourteenth day of September, 1789.

"Ledru, cure Des Kaskaskias pour tous les habitans Francais de l'endroit et outres voisins de la partie Americaine.

"JNO EDGAR."(134)

John Edgar offered to furnish provisions for the twenty soldiers asked for in the pet.i.tion, and to take bills on Congress in payment.(135)

Hamtramck responded to the pet.i.tion by saying that sickness prevailed among the troops at Vincennes to such an extent that twenty men could not be sent thence to Kaskaskia, but that the request would be sent to headquarters. As to the civil department, the people were advised to elect two or three magistrates in every village. These should prevent debtors from leaving, and should levy on the goods of such debtors as had already gone to the Spanish side. "Let your magistrates be respectable men by their moral character, as well as in point of property; let them attend with vigilance to all disputes that may arise amongst you, and in a particular manner to the Indian affairs."(136) This reply reached Edgar on the night of October 27, 1789. The next day, Edgar wrote to Hamtramck saying that it was probable that the recommendations in regard to establishing a civil government could not be carried out without a military force. The French were easily governed by a superior, but they knew nothing of government by an equal. Indians were constantly incited by the Spanish. They stole horses and escaped to the Spanish side. Edgar enclosed correspondence and depositions showing that on the night of the eighth of October, John Dodge and Michael Antanya, with a party of whites and Indians, came from the Spanish side to Kaskaskia, made an unsuccessful attempt to carry off some of Edgar's slaves, and threatened to burn the village. He adds "[In] the spring it is impossible I can stand my ground, surrounded as we are by savage enemies. I have waited five years in hopes of a government; I shall still wait until March, as I may be able to withstand them in the winter season, but if no succour nor government should then arrive, I shall be compelled to abandon the country, and I shall go to live at St. Louis. Inclination, interest and love for the country prompt me to reside here, but when in so doing it is ten to one but both my life and property will fall a sacrifice, you nor any impartial mind can blame me for the part I shall take."(137)

One day later, John Rice Jones wrote from Kaskaskia. The answer to the pet.i.tion sent by Ducoigne and addressed to Ledru and Edgar, had been opened by the latter in the absence and by the consent of the former.

Ledru had gone to be priest at St. Louis. At first he had refused the offer of the position, but when he received his t.i.thes at Kaskaskia, he found that they would not support him, so he was compelled to move. He met no better treatment than de la Valiniere and Gibault before him, and no priest was likely to fare any better until a government was established.

St. Pierre, priest at Cahokia, had gone to be priest at Ste. Genevieve, and it was said that Gibault was to be priest at L'Anse a la Graisse (New Madrid). Morgan had been coolly received at New Orleans, and his boasted settlement at New Madrid was almost broken up. The attempted seizure of Edgar's negroes could not be punished, because there was no one with authority to remonstrate with the Spanish, and private remonstrances were unheeded. The Spanish were making every effort to depopulate Illinois.

They well knew that the people would follow their priests. Flattering offers had been made to Edgar by the Spanish, among them being free lands, no taxes, and free permission to work at the lead mines and salt springs.

He had refused all offers, but if government was not established by the next March he would go to St. Louis, and if he went, Kaskaskia would be practically at an end. Twenty-four British trading-boats from Michilimackinac were on the Mississippi on the American side opposite the mouth of the Missouri. Their purpose was to attract Indian trade.(138)

Gov. St. Clair arrived at Kaskaskia on March 5, 1790.(139) With his coming anarchy technically ceased, but naturally the inst.i.tution of an orderly government was a gradual process. In August, Tardiveau wrote to Hamtramck from Kaskaskia, saying that he hoped that Maj. Wyllys had given Hamtramck such a specimen of the difficulty of establishing a regular government and organizing the militia in Illinois as would induce the sending of a few regular troops from Vincennes. Even ten men would be a help. The Indians daily stole horses, and Tardiveau tried to raise a force to go and punish the offenders, but he was effectually opposed by a lawless band of ringleaders. A militia law and the Illinois civil power were useless to remedy the matter. There were plenty of provisions in Illinois to supply any soldiers that might be sent.(140) Tardiveau was then lieutenant-colonel of the first regiment of militia, and also judge of probate, having been appointed by the governor.(141) Harmar replied that it was utterly impracticable to comply with Tardiveau's request for soldiers.(142)

On June 20, 1788, a congressional committee reported that there were about eighty families at Kaskaskia, twelve at Prairie du Rocher, four or five at Fort Chartres and St. Philips, and about fifty at Cahokia, making one hundred and forty-six or one hundred and forty-seven families in these villages.(143) In 1766-7, the same villages, with Vincennes, were supposed to have about two thousand inhabitants(144); and about five years later, 1772, there were some fifteen hundred inhabitants in these villages, not including Vincennes.(145)

It is not surprising that the population of the Illinois country decreased from 1765 to 1790. During these years, British and Americans had attempted to impose upon the French settlers a form of government for which they had neither desire nor apt.i.tude. The attempt to immediately transform a subject people was a signal failure, but neither the attempt nor the failure was unique.

CHAPTER III.

I. The Land and Indian Questions. 1790 to 1809.

A proclamation issued by Estevan Miro, Governor and Intendant of the Provinces of Louisiana and Florida in 1789, offered to immigrants a liberal donation of land, graduated according to the number of laborers in the family; freedom of religion and from payment of t.i.thes, although no public worship except Catholic would be allowed; freedom from taxation; and a free market at New Orleans for produce or manufactures. All settlers must swear allegiance to Spain.(146) This proclamation came at a time when the West was divided in opinion as to whether to make war upon Spain for her closure of the Mississippi or to secede from the United States and become a part of Spain.(147) It tended to continue the emigration from the Illinois country to Spanish territory, for public land was not yet for sale in Illinois.