Chicago Historical Society's Collection.—Vol. V.

The Settlement of Illinois

1778-1830

by Arthur Clinton Boggess, Ph.D.

Professor of History and political Science in Pacific University; a Director of the Oregon Historical Society; sometime Harrison Scholar in American History in the University of Pennsylvania; sometime Fellow in American History in the University of Wisconsin.

Chicago

Published by the society

1908

Contents

[pg i]

Preface.

In the work here presented, an attempt has been made to apply in the field of history, the study of types so long in use in biological science. If the settlement of Illinois had been an isolated historical fact, its narration would have been too provincial to be seriously considered, but in many respects, the history of this settlement is typical of that of other regions. The Indian question, the land question, the transportation problem, the problem of local government; these are a few of the classes of questions wherein the experience of Illinois was not unique.

This work was prepared while the writer was a student in the University of Wisconsin. The first draft was critically and carefully read by Prof. Frederick Jackson Turner, of that University, and the second draft was read by Prof. John Bach McMaster, of the University of Pennsylvania. In addition to suggestions received from my teachers, valuable aid has been rendered by Miss Caroline M. McIlvaine, the librarian of the Chicago Historical Society, who placed at my disposal her wide knowledge of the sources of Illinois history.

The omission of any reference in this work to the French manuscripts, found by Clarence W. Alvord, is due to the fact that at the time they were found, my work was so nearly completed that it was loaned to Mr. Alvord to use in the preparation of his article on the County of Illinois, while the press of professional duties has been such that a subsequent use of the manuscripts has been impracticable.

Arthur C. Boggess.

Pacific University,

Forest Grove, Oregon.

September 14, 1907.

Chapter I. The County of Illinois.

An Act for establishing the County of Illinois, and for the more effectual protection and defence thereof, passed both houses of the Virginia legislature on December 9, 1778.[1] The new county was to include the inhabitants [pg 010] of Virginia, north of the Ohio River, but its location was not more definitely prescribed.[2]

The words “for the more effectual protection and defence thereof” in the title of the Act were thoroughly appropriate. The Indians were in almost undisputed possession of the land in Illinois, save the inconsiderable holdings of the French. Some grants and sales of large tracts of land had been made. In 1769, John Wilkins, British commandant in Illinois, granted to the trading-firm of Baynton, Wharton and Morgan, a great tract of land lying between the Kaskaskia and the Mississippi rivers. The claim to the land descended to John Edgar, who shared it with John Murray St. Clair, son of Gov. Arthur St. Clair. The claim was filed for 13,986 acres, but was found on survey to contain 23,000 acres, and was confirmed by Gov. St. Clair. At a later examination of titles, this claim was rejected because the grant was made in the first instance counter to the king's proclamation of 1763, and because the confirmation by Gov. St. Clair was made after his authority ceased and was not signed by the Secretary of the Northwest Territory.[3] In 1773, William Murray and others, subsequently known as the Illinois Land Company, bought two large tracts of land in Illinois from the Illinois Indians. In 1775, a great tract lying on both sides of the Wabash was similarly purchased by what later became the Wabash Land Company. The purchase of the Illinois Company was made in the presence, but without the sanction, of the British officers, and Gen. Thomas Gage had the Indians re-convened and the validity of the purchase expressly denied. These large grants were illegal, and the Indians [pg 011] were not in consequence disposessed of them.[4] Thus far, the Indians of the region had been undisturbed by white occupation. British landholders were few and the French clearings were too small to affect the hunting-grounds. French and British alike were interested in the fur trade. A French town was more suited to be the center of an Indian community than to become a point on its periphery, for here the Indians came for religious instruction, provisions, fire-arms, and fire-water. The Illinois Indian of 1778 had been degraded rather than elevated by his contact with the whites. The observation made by an acute French woman of large experience, although made at another time and place, was applicable here. She said that it was much easier for a Frenchman to learn to live like an Indian than for an Indian to learn to live like a Frenchman.[5]

In point of numbers and of occupied territory, the French population was trifling in comparison with the Indian. In 1766-67, the white inhabitants of the region were estimated at about two thousand.[6] Some five years later,[7] Kaskaskia was reported as having about five hundred white and between four and five hundred black inhabitants; Prairie du Rocher, one hundred whites and eighty negroes; Fort Chartres, a very few inhabitants; St. Philips, two or three families; and Cahokia, three hundred whites and eighty negroes. At the same time, there was a village of the Kaskaskia tribe with about two hundred and ten persons, including sixty warriors, three miles north of Kaskaskia, and a village of one hundred and seventy warriors of the Peoria and Mitchigamia Indians, one mile northwest of Fort Chartres. It is said of these Indians: “They were formerly brave and warlike, but are degenerated into a drunken and debauched tribe, and so indolent, as scarcely to procure a sufficiency of Skins and Furrs to barter for clothing,” and a pastoral letter of August 7, 1767, from the Bishop of Quebec to the inhabitants of Kaskaskia shows the character of the French. The French are told that if they will not acknowledge the authority of the vicar-general—Father Meurin, pastor of Cahokia—cease to marry without the intervention of the priest, and cease to absent themselves from church services, they will be abandoned by the bishop as unworthy of his care.[8] Two years earlier, [pg 013] George Croghan had visited Vincennes, of which he wrote: “I found a village of about eighty or ninety French families settled on the east side of this river [Wabash], being one of the finest situations that can be found.... The French inhabitants, hereabouts, are an idle, lazy people, a parcel of renegadoes from Canada, and are much worse than the Indians.”[9] Although slave-holders, a large proportion of the French were almost abjectly poor. Illiteracy was very common as is shown by the large proportion who signed legal documents by their marks.[10] The people had been accustomed to a paternal rule and had not become acquainted with English methods during the few years of British rule. Such deeds as were given during the French period were usually written upon scraps of paper, described the location of the land deeded either inaccurately or not at all, and were frequently lost.[11] Land holdings were in long narrow strips along the rivers.[12]

The country was physically in a state of almost primeval simplicity. The chief highways were the winding rivers, although roads, likewise winding, connected the various settlements. These roads were impassable in times of much rain. All settlements were near the water, living on a prairie being regarded as impossible and living far from a river as at least impracticable.[13] The difficulties of [pg 014] George Rogers Clark in finding his way, overland, from the Ohio River to Kaskaskia and Vincennes on his awful winter march, are such as must manifestly have confronted anyone who wished to go over the same routes at the same season of the year.

Wild animals were abundant. A quarter of a century after the Revolution, two hunters killed twenty-five deer before nine in the morning near the Illinois settlements.[14] In 1787, the country between Vincennes and Kaskaskia abounded in buffalo, deer, and bear.[15] For years, the chase furnished a large part of the provisions. The raising of hogs was rendered difficult by the presence of wolves. Game-birds were plentiful, and birds were sometimes a pest because of their destruction of corn and smaller grains and even of mast.

An early traveler wrote in 1796: “The province of the Illinois is, perhaps, the only spot respecting which travelers have given no exaggerated accounts; it is superior to any description which has been made, for local beauty, fertility, climate, and the means of every kind which nature has lavished upon it for the facility of commerce.”[16] The wide-spreading prairies added to the beauty of the country. Land which now produces one hundred bushels of corn to the acre must have been capable of producing wonderful crops at the beginning of its cultivation. Coal was not known to exist in great quantities in the region nor was its use as a fuel yet known.

Such was the country and such the people now organized into the County of Illinois.[17] The Act establishing the county provided that the governor and council should appoint a county-lieutenant or commandant-in-chief, who should appoint and commission as many deputy-commandants, militia officers, and commissaries as were needed. The religion, civil rights, property and law of the inhabitants should be respected. The people of the county should pay the salaries of such officers as they had been accustomed to, but officers with new duties, including the county-lieutenant, were to be paid by Virginia. The governor and council might send five hundred troops, paid by Virginia, to defend Illinois. Courts were to be established with judges elected by the people, although the judges of other county-courts of Virginia were appointed by the governor and council.[18]

While Gov. Patrick Henry was writing instructions concerning the organization of government in Illinois, the British general, Hamilton, was marching to take Vincennes. Henry did not know this particular fact, but he had a keen perception of the difficulties, both civil and military, which awaited the county. On December 12, 1778, without waiting for the formal signing of the act creating the county, he wrote instructions to George Rogers Clark, to Col. John Todd, jr., and to Lieut.-Col. John Montgomery. Clark was instructed to retain the command of the troops then in the Illinois country, and to assume command of five other companies, soon to be sent out.[19] Col. Todd was appointed county-lieutenant or [pg 016] commandant. His instructions contained much wise direction. He was to take care to cultivate and conciliate the affections of the French and Indians, to coöperate with Clark and give the military department all the aid possible, to use the French against the British, if the French were willing, but otherwise to remain on the defensive, to inculcate in the people an appreciation of the value of liberty, to see that the inhabitants had justice done them for any injuries from the troops. A neglect of this last instruction, it was pointed out, might be fatal. “Consider yourself as at the head of the civil department, and as such having the command of the militia, who are not to be under the command of the military, until ordered out by the civil authority and act in conjunction with them.” An express was to be sent to Virginia every three months with a report. A letter to the Spanish commandant at Ste. Genevieve was inclosed, and Todd was told to be very friendly to him.[20] Col. Montgomery, then in Virginia, was ordered to recruit men to reënforce Clark. “As soon as the state of affairs in the recruiting business will permit, you are to go to the Illinois country & join Col. Clarke, I need not tell you how necessary [pg 017] the greatest possible Dispatch is to the good of the service in which you are engaged. Our party at Illinois may be lost, together with the present favorable Disposition of the French and Indians there, unless every moment is improved for their preservation, & no future opportunity, if the present is lost, can ever be expected so favorable to the Interest of the commonwealth.” Montgomery was urged not to be daunted by the inclement season, the great distance to Illinois, the “want of many necessaries,” or opposition from enemies.[21] Gov. Henry deserves much credit for his prompt and aggressive action at a time when Virginia was in the very midst of the Revolution.

Col. Clark was much pleased with the appointment of Col. Todd, both because civil duties were irksome to the conqueror and because of his confidence in Todd's ability.[22] Upon the arrival of the new county-lieutenant, Clark called a meeting of the citizens of Kaskaskia to meet the new officer and to elect judges. He introduced Col. Todd as governor and said that he was the only person in the state whom he had desired for the place. The people were told that the government, Virginia, was going to send a regiment of regular troops for their defense, that the new governor would arrange and settle their affairs, and that they would soon become accustomed to the American system of government. In regard to the election of judges, Clark said: “I pray you to consider the importance of this choice; to make it without partiality, and to choose the persons most worthy of such posts.”[23] The nine members of the court of Kaskaskia, the seven members of the court of Cahokia, and the nine members of the court of Vincennes, as also the respective clerks were French. Of the three sheriffs, Richard Winston, sheriff [pg 018] of Kaskaskia, was the only one who was not French.[24]

Military commissions were promptly made out, those of the districts of Kaskaskia and Cahokia being dated May 14, 1779. So many of the persons elected judges were also given military commissions that it seems probable that the supply of suitable men was small. No fewer than fourteen such cases occur. Of the militia officers appointed at Vincennes, P. Legras, appointed lieutenant-colonel, had been a major in the British service, and F. Bosseron, appointed major, had been a captain in the British service.[25]

The position of Illinois among the counties of Virginia was necessarily anomalous. All counties, except the County of Illinois, were asked to furnish one twenty-fifth of their militia to defend the state. Illinois county was omitted from the western counties enumerated in “An act for adjusting and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the commonwealth's land office.” Settlers northwest of the Ohio were warned to remove. No settlement would be permitted there, and if attempted, the intruder might be removed by force—“Provided, That nothing herein contained shall be construed in any manner to injure or affect any French, [pg 019] Canadian, or other families, or persons heretofore actually settled in or about the villages near or adjacent to the posts reduced by the forces of this state.” These exceptions were made at the May session of 1779. At this session, there was passed an act for raising one troop of cavalry, consisting of one captain, one lieutenant, one cornet, and thirty-two privates to defend the inhabitants of Illinois county. All officers were to be appointed by the governor and council. The men were to receive the same pay as Continentals. Any soldier who would serve in Illinois during the war should receive a bounty of seven hundred and fifty dollars and a grant of one hundred acres of land.[26]

Acting upon the policy that caused Virginia to warn all intruders not to settle northwest of the Ohio, Todd issued a proclamation warning all persons against such settlement, “unless in manner and form as heretofore made by the French inhabitants.” All inhabitants were ordered to file a description of lands held by them, together with a deed or deposition, in order to be ready for the press of adventurers that was expected.[27]

Some of the incidents of the summer of 1779 indicate difficulties of the new government. When the governor was to be absent for a short time, he wrote to Winston, who as commander of Kaskaskia would be acting governor, telling him not to impress property, and by all means to keep up a good understanding with Col. Clark and the officers. The judges of the court at Kaskaskia were ordered to hold court “at the usual place of holding court ... any adjournment to the contrary notwithstanding.” Richard McCarty, of Cahokia, wrote to the county-lieutenant complaining that the writer's stock had been [pg 020] killed by the French inhabitants. McCarty had allowed his stock to run at large and they had destroyed uninclosed crops, which crops, he contended, were not in their proper place. Two months later, McCarty wrote from Cahokia: “Col. Todd residence hear will spoil the people intirely. I think it would be a happy thing could we get Colol Todd out of the country for he will possitively sett the Inhabitants and us by the Ears. I have wrote him a pritty sharp Letter on his signing a Death warrant against my poor hog's for runing in the Oppen fields ... on some complaints by the Inhabitants the other day he wished that there was not a Soldier in the country.”[28] McCarty's hogs were not his only trouble. A fellow-officer wrote: “I received a line from Capt. McCarty [captain of troops at Cahokia] yesterday. He is well. He writes to me that he has lost most of his French soldiers, and that the inhabitants are so saucy that they threaten to drive him and his soldiers away, telling him that he has no business there—nobody sent for him. They are very discontented. The civil law has ruined them.”[29]

Col. Todd's position was difficult because of the discontent prevailing among both the French and the Americans in Illinois. His salary was so small that he feared that he must sell his property in Kentucky to support himself [pg 021] while in public service. He regarded Kentucky as a much better place than Illinois for the ambitious man, the retired farmer, or the young merchant.[30] He had been scarcely more than three months in office when he wrote to the governor of Virginia: “I expected to have been prepared to present to your excellency some amendments upon the form of Government for Illinois, but the present will be attended with no great inconveniences till the Spring Session, when I beg your permission to attend and get a Discharge from an Office, which an unwholesome air, a distance from my connexions, a Language not familiar to me, and an impossibility of procuring many of the conveniences of Life suitable; all tend to render uncomfortable.”[31] This letter was intercepted by the British and did not reach the governor.

Great difficulty was experienced in securing supplies for the soldiers. At times, both troops and people suffered from lack of clothing. The Spanish refused to allow the Americans to navigate the Mississippi, Virginia money entirely lost its credit, hard money was scarce, and peltry was difficult for the military commissaries to obtain. Col. Todd, in desperation, refused to allow the commander at Kaskaskia to pay the people peltry for provisions as had been promised, and calling the inhabitants in council, he told them that if they would not sell on the credit of the state they would be subject to military discipline.[32] The [pg 022] fall of 1779 saw the garrison at Vincennes without salt, and starving; while at Kaskaskia the money was worthless, troops were without clothes and deserting daily.[33] This great lack of supplies resulted in the impressment of supplies, in disagreement among the officers, and was a prominent factor in a resolution to withdraw the troops from their several situations and concentrate them at a single point on the Ohio River. The discontent of the French was extreme, and it was increased by the departure of Col. Todd for Virginia. The officers who were left in command ruled with a rod of iron and took cattle, flour, wood, and other necessaries, without payment.[34] Capt. [pg 023] Dodge, of Kaskaskia, refused to honor a draft presented, apparently, by the government of Virginia, and when sued in the civil court, he declared that he had nothing but his body and that could not be levied upon; besides, he was an officer and as such was not amenable to civil law.[35]

In the very midst of starvation, the French, unaccustomed to English ways, were wishing to increase the expense of government. An unsigned official letter says, in speaking of affairs in Illinois: “I find that justices of the peace, appointed among them, expect to be paid, this not being the practice under our laws, there is no provision for it. Would it not be expedient to restrain these appointments to a very small number, and for these (if it be necessary) to require small contributions either from the litigants or the people at large, as you find would be most agreeable. In time, I suppose even this might be discontinued. The Clerks & Sheriffs perhaps may be paid, as with us, only converting Tobacco fees into their worth in peltry. As to the rules of decision & modes of proceding, I suppose ours can be only gradually introduced. It would be well to get their militia disciplined by calling them regularly together according to our usage; however, all this can only be recommended to your Discretion.”[36] Some eight years later the exaction of exorbitant fees was one of the chief reasons which caused the reform of the French court at Vincennes.[37]

The plan for concentrating most of the Illinois troops at a single point was carried out in the spring of 1780. The chief objects sought were to procure supplies and to prevent the advance of the Spaniards. At first, it was thought advisable to locate the new fort on the north side of the Ohio near the Mississippi, and Col. Todd made some grants of land to such persons as were willing to settle in the vicinity and assist in raising provisions, but the fact that Virginia currency, although refused in Illinois, was accepted in Kentucky caused the fort to be built south of the Ohio, and it is probable that Todd's grants of land at the site first proposed lapsed.[38] As the troops had a great need for settlers to raise crops, Capt. Dodge suggested to the governor of Virginia that immigrants to Illinois should receive aid from Virginia. This would aid the troops and would stop emigration to the Spanish possessions west of the Mississippi.[39]

As the French could neither support the soldiers nor do without them, commissions in blank were sent to Maj. Bosseron, district commandant at Vincennes, with power to raise a company there, and to assure the company that pay would be allowed by the government. It was feared that the settlers at Vincennes would consider themselves abandoned upon the withdrawal of troops. It was proposed to leave enough troops among the French to satisfy them, but scarcely had the new fort been established when the people of Cahokia sent a special messenger to Clark at Fort Jefferson, the new fort, asking that troops be sent [pg 025] to protect them. The Indians so surround the place, say the petitioners, that the fields can not be cultivated. If troops are sent the people can not feed them, but if they are not sent the people can not long feed themselves.[40] French creditors of the government were unpaid and some of them must have been in sore need.[41]

The act establishing the County of Illinois would terminate by limitation at the end of the May session of 1780, unless renewed. At that session, the act was renewed “for one year after the passing of this act, and from thence to the end of the next session of assembly.”[42]

The condition of the people in the county during the latter half of 1780 was one of misery. Contemporary accounts have a melancholy interest. An attack by Indians upon Fort Jefferson being imminent, the few troops in the outlying districts were ordered to come to the aid of the garrison. The order reached Cahokia when its few defenders were sick and starving. Corn, without grease or salt, was their only food. Deaths were of frequent occurrence. The people of the village had petitioned Col. Montgomery to ease their burden by quartering some of the troops in other villages, but he refused the request of other officers for a council and threatened to abandon the country entirely. In such a condition of affairs, Capt. McCarty proceeded to obey the orders from Fort Jefferson. The only boats at the disposal of the garrison were unseaworthy, so five small boats were pressed for use. On the [pg 026] way, several of the famished soldiers became so sick that they had to be left along the route. Even military discipline was bad in the country. Capt. McCarty, upon being arrested for having quarreled with Dodge, because the latter would not buy food for the starving troops, was left for months without trial because Col. Montgomery had left the country and a military court could not be convened.[43] In October, McCarty wrote: “In short, we are become the hated beasts of a whole people by pressing horses, boats, &c., &c., &c., killing cattle, &c., &c., for which no valuable consideration is given; even many not a certificate, which is here looked upon as next to nothing.”[44]

Of the same tenor as McCarty's testimony to Illinois conditions is that of Winston. A remonstrance of the civil authorities against the extravagance of the military officers was treated as insolent and impertinent. The military power refused the civil department the use of the military prison, even when pay was offered, and made strenuous efforts to establish military rule. Col. Montgomery and Capt. Brashears had departed for New Orleans without settling the account for the peltry which Todd had committed to the joint care of Montgomery and Winston. Montgomery was openly accused of having taken a large amount of public property away with him. Capt. Dodge was a notorious disturber of the peace, and Capt. Bentley, a more recent arrival, was equally undesirable. In the closing paragraph of a long letter is the significant statement: “It Being so long a time since we [pg 027] had any news from you, we conclude therefrom that the Government has given us up to do for Ourselves the Best we can, untill such time as it pleases Some other State or Power to take us under their Protection—a few lines from you would give Some of us great satisfaction, yett the Generality of the People are of Opinion that this Country will be given up to France....”[45]

At the close of October, the troops, with the exception of a very few, were collected at Fort Jefferson. There the garrison was sick and starving,[46] clothes were much needed, desertion was rife, and the abandonment of the post seemed imminent.[47] Among the few troops that were not called to Fort Jefferson were those of Capt. Rogers, at Kaskaskia. This company “had to impress supplies, giving certificates for the value—thus would kill cattle when they wanted them, hogs, & take flour from the horse-mills—& thus lived very comfortably.”[48]

Mutual recrimination was common among the officers. Todd, in a letter to Gov. Jefferson, in which he inclosed letters from the Illinois officers, said: “Winston is commandant at Kaskaskia; McCarty, a captain in the Illinois regiment, who has long since rendered himself disagreeable by endeavoring to enforce military law upon the civil department at Kohos.

“The peltry, mentioned by Winston as purloined or embezzled by Montgomery, was committed to their joint care by me in Novr, 1779; and from the circumstance of Montgomery's taking up with an infamous girl, leaving his wife, & flying down the river, I am inclined to believe the worst that can be said of him. Being so far out of the road of business, I can not do the State that justice I wish by sending down his case immediately to the Spanish commandants on the Mississippi.”[49] From January 28, 1779, to October 18, 1780, Montgomery drew drafts upon Virginia to the amount of thirty-nine thousand three hundred twenty dollars.[50] Winston and McCarty accused Capt. Rogers, who succeeded Col. Montgomery in command at Kaskaskia, of shooting down the stock of the inhabitants without warrant. In a dignified defence, Capt. Rogers declared that he took only so much food as was absolutely required to save his starving sick, and that Mr. Bentley, who endeavored to secure supplies from the people, offering his personal credit, was persistently opposed by Winston and McCarty. “I can not conclude without informing you that 'tis my positive opinion the people of the Illinois & Post Vincennes have been in an absolute state of rebellion for these several months past, & ought to have no further indulgence shown them; and such is the nature of those people, the more they are indulged, the more turbulant they grow. I look upon it that Winston and McCarty have been principal instruments to bring them to the pitch they are now at.”[51] Capt. Dodge, against whom complaints had become general, and Capt. McCarty, [pg 029] whose quarrel has been narrated, were ordered to appear before a court of inquiry at Fort Jefferson.[52] Clark was very angry at Montgomery's conduct. He sent a message to New Orleans ordering him to return for trial; he warned all persons against trusting the offender on the credit of the State, and he requested the governor of Virginia to arrest the fugitive if he should come to Richmond.[53] How low public morals had sunk is shown by the fact that Montgomery had the effrontery to return to Fort Jefferson, where he arrived on May 1, 1781, and resumed his command. In February, 1783, he made his defense and asked for his pay.[54] In April, 1781, Todd wrote: “I still receive complaints from the Illinois. That Department suffers, I fear, through the avarice and prodigality of our officers; they all vent complaints against each other. I believe our French friends have the justest grounds of dissatisfaction.”[55]

On June 2, 1781, Capt. McCarty was killed in a fight between the Illinois troops and some Indians on the one side and a party of Ouia Indians, who favored the British, on the other. The engagement took place near the Wabash. McCarty's papers were sent to the British, who laconically reported: “They give no information other than that himself and all the Inhabitants of the Illenoise were heartily tired of the Virginians.”[56] There is slight [pg 030] reason to doubt the truth of the statement. It is enforced by the fact that in 1781, a letter written in French to the governor of Virginia and said to be signed in the name of the inhabitants of Vincennes and to give the views of the people of Vincennes, Kaskaskia, Vermilion, Ouia, etc., declared that the French had decided to receive no troops except those sent by the king of France to aid in defeating the enemies of the country. The Indians who are friendly to the French, said the writer, would regard the coming of Virginia troops as a hostile act. A copy of the memoir sent by the French settlers to the French minister Luzerne was inclosed.[57]

On June 8, 1781, the garrison of Fort Jefferson, being without food, without credit, and for more than two years without pay, evacuated the place and withdrew to the Falls of Ohio, only to find themselves without credit in even the adjoining counties of Virginia. The troops were billeted in small parties.[58] Once again there comes a despairing plea from the feeble garrison at Vincennes, in the County of Illinois. The commander wrote: “Sir, I must inform you once more that I can not keep garrison any longer, without some speedy relief from you. My men have been 15 days upon half-allowance; there is plenty of provisions here but no credit—I can not press, being the weakest party—Some of the Gentlemen would help us, but their credit is as bad as ours, therefore, if you have not provisions send us Whisky which will answer as good an end.”[59]

In the Virginia House of Delegates, a committee for courts of justice reported that the laws which would expire at the end of the session had been examined, together with certain other laws, and that a series of resolutions had been agreed upon by the committee. Among these resolutions was the following: “Resolved, That it is the opinion of this committee, That the act of assembly, passed in the year 1778, entitled ‘an act, for establishing the county of Illinois, and for the more effectual protection and defence thereof;’ which was continued and amended by a subsequent act, and will expire at the end of this present session of assembly, ought to be further continued.” This report was presented and the resolutions agreed to by the House on November 22, 1781. Three days later, a bill in accordance with the resolution was presented. The consideration of the bill in a committee of the whole House was postponed from day to day until December 14, when it was considered and the question being upon engrossment and advancement to a third reading, it passed in the negative.[60] On January 5, 1782, the General Assembly adjourned, and the County of Illinois ceased to exist.[61] So far as instituting a civil government was concerned, the county was a failure. Its military history shows a mixture of American, British, French, and Spanish efforts at mastery.

The first important military operation in which the County of Illinois was concerned, after the well-known [pg 032] movements of Clark and Hamilton, was organized by the British at Detroit in compliance with a circular letter from Lord George Germain. The plan was to attack St. Louis, the French settlements near it on the east side of the Mississippi, Vincennes, Fort Nelson at the falls of the Ohio, and Kentucky. Large use was to be made of Indians, and British emissaries were busy among the tribes early in 1780. An expedition was to be led against Kentucky, while diversions should be made at outlying posts. It was thought that the reduction of St. Louis would present little difficulty, because it was known to be unfortified, and was reported to be garrisoned by but twenty men. In addition to this, it was regarded as an easy matter to use Indians against the place from the circumstance that many Indians frequented it. Less assurance was felt as to holding the place after it should have been captured, and to make this easier, it was proposed to appeal to the cupidity of the British fur traders. By the middle of February, a war-party had been sent out from Michilimackinac to arouse and act with the Sioux Indians, and early the next month another party was sent out to engage Indians to attack St. Louis and the Illinois towns. Seven hundred and fifty traders, servants, and Indians having been collected, on the 2d of May they started down the Mississippi, and at the lead mines, near the present Galena, seventeen Spanish and American prisoners were taken. In conjunction with this expedition, another, with a chosen band of Indians and French, was to advance by way of Chicago and the Illinois River; a third was to guard the prairies between the Wabash and the Illinois; and the chief of the Sioux was to attack St. Genevieve and Kaskaskia.[62]

The expedition against St. Louis and the Illinois towns, as well as in its larger aspect, was not successful. It was impossible to keep it secret and as early as March, an attack was expected. Spanish and Americans joined in repulsing the intruders. Another potent element in the failure was the treachery of some of the traders who acted as leaders for the British, notably that of Ducharme and Calvé, who had a lucrative trade and regarded the prospect of increasing it by the proposed attack as doubtful. In the last week of May, 1780, the attack on St. Louis was made. Several persons were killed, but the place was not taken. Cahokia was beleaguered for three days, but it was so well defended by George Rogers Clark that on the third night the enemy withdrew, when Clark hastened to intercept the expedition against Kentucky, while the Illinois and Spanish troops pursued the retreating enemy and burned the towns of the Sauk and Fox Indians. The British were much chagrined at the result of the expedition, yet they resolved to continue their plan of using Indians and sending out several parties at once.[63]

An expedition which gains much interest from the character of its leader was that of Col. Augustin Mottin de la Balme. This man had been commissioned quartermaster of gendarmerie, by the authorities of Versailles, in 1766; [pg 034] had come to America and been recommended by Silas Deane and Benjamin Franklin to the president of Congress, John Hancock, as a man who would be of service in training cavalry; had been breveted lieutenant-colonel of cavalry, in May, 1777; made inspector of cavalry, with the rank of colonel, in July following; and had resigned in October of the same year. The next year, a public notice, in French with English and German translations, announced that carpenters, bakers, and some other classes of laborers could find shelter and employment at a workshop established by La Balme, twenty-eight miles from Philadelphia.[64] In the summer of 1780, La Balme went from Fort Pitt to the Illinois country.

A contemporary who writes from Vincennes speaks of La Balme as a French colonel. He was regarded by the Americans with much suspicion. Capt. Dalton, the American commander at Vincennes, whose character was later much questioned, allowed him to go among the Indians,[65] whereupon La Balme advised them to send word to the tribes which Clark was preparing to attack and to warn them of their danger. La Balme also ingratiated himself with the discontented French, asking why they did not drive “these vagabonds,” the American soldiers, away, and saying that to refuse to furnish provisions was the most efficient method. “Everything he advances tends to advance the French interest and depreciate the American. The people here are easily misled; buoy'd up with the flattering hopes of being again subject to the king of France, he could easily prevail on them to drive every American out of the Place and this appears to me to be [pg 035] his Plan.” After thoroughly stirring up the people at Vincennes, the adventurer left, with an escort of thirty French and Indians, to visit Kaskaskia, Cahokia, and St. Louis. He and Col. Montgomery, then the superior officer in Illinois, did not meet, and he received not the slightest countenance from the Spanish commandant at St. Louis. By the French inhabitants, La Balme “was received ... just as the Jews would receive the Messiah—was conducted from the post here [at Kaskaskia] by a large detachment of the inhabitants as well as different tribes of Indians.” The French in the towns near the Mississippi were so enthusiastic that La Balme had little difficulty in raising forty or fifty troops for an expedition against Detroit. Some of the American soldiers at Cahokia deserted to him, and when placed under arrest by the military authorities were rescued by a mob. On October 5, 1780, after telling the Indians to be quiet because they would see the French in Illinois in the spring, the French troops set out from Cahokia.[66]

The troops from Illinois were to be joined by a body from Vincennes, but without waiting for them La Balme pushed on to the Miami towns, where he hoped to capture a British Indian trader who was especially hated by the French. The trader was not found, but his store of goods to the amount of one hundred horse-loads was seized. The expected reinforcements not arriving, La Balme felt too weak to attack Detroit and started to return. He was attacked by the Indians on the river Aboite, eleven miles southwest of the present Fort Wayne, and he and some [pg 036] thirty of his men were killed and at least one hundred horses, richly laden with plunder, were taken by the Indians. It was reported that disaffected inhabitants of Detroit had concealed five hundred stands of arms with which to assist the forces of La Balme in taking the place. Among La Balme's papers, which fell into the hands of the British and are now in the Canadian archives, were addresses, in French, by M. Mottin de la Balme, French colonel, etc., to the French settled on the Mississippi, dated St. Louis, September 17, 1780; a declaration, in French, in the name of the inhabitants of the village of Cahokia, addressed to La Balme: “We unanimously request you to listen with a favorable ear to the declaration which we venture to present to you, touching all the bad treatment we have suffered patiently since the Virginian troops unfortunately arrived amongst us till now,” dated Cahokia, September 21, 1780; a note from F. Trottier, a member of the court of Cahokia, elected under the Virginia government, to La Balme, saying that no meeting can be held until Sunday next, when he hopes the young men will show themselves worthy the high idea La Balme has of them, but that at present there are only twelve entirely determined to follow him wherever he goes, although others may follow their example, and asking La Balme to receive depositions against the Virginians, dated Cahokia, September 27, 1780; a petition, in French, addressed to the Chevalier de la Luzerne, minister plenipotentiary from France to the United States, by inhabitants of Post Vincennes, dated Vincennes, August 22, 1780; and a commission to Augustin Mottin de la Balme as quartermaster of gendarmèrie, dated Versailles, February 23, 1766.[67] The British promptly set about promoting the [pg 037] Indian trader whom La Balme and the French had sought to kill, believing that he would be serviceable as a spy.[68]

In the autumn of 1780, a party of seventeen men from Cahokia went on an expedition against St. Josephs. The party was commanded by “a half Indian,” and seems to have included but one American. The attack was so timed as to come when the Indians in the vicinity of St. Josephs were out hunting. The place was taken without difficulty, the traders of the place were captured and plundered, and the party, laden with booty, set out on the route to Chicago. A pursuing party was quickly organized and at the Rivière du Chemin, a small stream in Indiana, emptying into the southeastern part of Lake Michigan, the returning victors were summoned to surrender, on December 5, 1780. Upon their refusal, four were killed, two wounded, seven made prisoners, while three escaped.[69] [pg 038] The one American, Brady, was among the prisoners. He told the British that the party was sent by the creoles to plunder St. Josephs, and that there was not a Virginian in all the Illinois country, including Vincennes.[70]

In the very midst of winter, on January 2, 1781, an expedition commanded by Eugenio Pierre, a Spanish captain of militia, set out from St. Louis against St. Josephs. According to a Spanish account, the party consisted of sixty-five militia men and sixty Indians, while an American account declares it to have contained thirty Spaniards, twenty men from Cahokia, and two hundred Indians.

The purpose of the expedition was to retaliate upon the British for the attack on St. Louis and for the defeat of La Balme. On the march, severe difficulties incident to the season were encountered. The post was easily taken, the Indians were conciliated by a liberal proportion of the booty, the Spanish flag was raised and the Illinois country with St. Josephs and its dependencies was claimed for the crown of Spain. The British flag was given to Commandant Cruzat, of St. Louis. These proceedings made some prominent Americans fear that Spain would advance claims to the region at the close of the Revolution.[71]

In the summer of 1781, a party of seven men was sent out by the commandant at Michilimackinac with a letter to the inhabitants of Cahokia and Kaskaskia asking them to furnish troops to be paid by the king of England, and to assume the defensive against the Spaniards. The men reached St. Louis before visiting Cahokia or Kaskaskia, and were arrested by the Spanish commandant, who sent a copy of the letter to Major Williams, knowing no officer in Illinois superior to him. This created jealousy at Cahokia and Kaskaskia, each of several officers claiming superiority. Charles Gratiot, a man of some ability, who had removed from Cahokia to St. Louis because unable to endure the lawlessness at the former place, wrote that he did not know what course the Illinois people might have taken if Cruzat had not intercepted the British agents. Illinois was a country without a head where everyone expected to do as he pleased.[72]

In noting the operations of the medley of military forces in the County of Illinois, it is easy to conceive how the result might have been different, but the fact is that as the county ceased to exist, no nation had established a better title to the region than that of the Americans.

Chapter II. The Period of Anarchy in Illinois.[73]

Illinois was practically in a state of anarchy during the time that it was a county of Virginia, and when that county ceased to be, anarchy became technically as well as practically its condition, and remained so until government under the Ordinance of 1787 was inaugurated in 1790.

Virginia's legacy from her ephemeral county was one of unpaid bills. Scarcely had the general assembly adjourned, in January, 1782, when Benjamin Harrison wrote: “We know of no power given to any person to draw bills on the State but to Colo Clarke and yet we find them drawn to an immense amount by Colo Montgomery, and Captn Robt. George and some others; we have but too much reason to suppose a collusion and fraud betwixt the drawers and those they are made payable to; most of them are for specie when they well knew we had none amongst us, and from the largeness of the sums, proves the transactions must have been in paper and the depreciation taken into account, when the bargains were made; indeed George confesses this to have been the case when he gave Philip Barbour a bill for two hundred and thirty two thousand, three hundred and twenty Dollars and uses the plea of ignorance.” The transactions of Oliver Pollock, purchasing agent at New Orleans, should be carefully examined from the time he began to act with [pg 041] Montgomery.[74] Thimothé Demunbrunt, as he signed his name, asked pay for his services as lieutenant, in order that he might not be a charge to his friends—a thing which would be shameful to one of noble descent. He wished to be able to support his family and to go with Clark on a proposed expedition. His petition was supported by a certificate from Col. Montgomery, testifying that Demunbrunt had been active in his military duty, had gone against the savages in the spring of 1780, had gone on the “Expedition up the Wabash,” and had gone to the relief of Fort Jefferson when Montgomery could raise only twelve men.[75]

The military troubles continued. The commander at Vincennes reported his troops as destitute and unpaid. Richard Winston, of Kaskaskia, who had succeeded Todd as head of the civil government in Illinois, was arrested by military force and put in jail. The prisoner claimed that the proceedings were wholly irregular and that he was unacquainted with the nature of the charge against [pg 042] him.[76] The next year, he was accused of treason, the accuser declaring that Winston had proposed to turn Illinois over to Spain, but that his proposal had been despised by the Spanish commandant.[77] Upon Winston was also laid the chief blame for the discontent of the French, he being charged with having told Montgomery that the French were strangers to liberty and must be ruled with a rod of iron or the bayonet, and that if he wanted anything he must send his guards and take it by force; while, at the same time, he told the French that the military was a band of robbers and came to Illinois for plunder.[78] However, numerous and well-founded as the accusations might be, both accused and accuser laid their claims for salary before the Virginia Board of Commissioners for the Settlement of Western Accounts.[79] Even the notorious Col. Montgomery presented before this board his defence, which consisted of a recital of his meritorious deeds, others being omitted.[80]

Another visitor to the Board of Commissioners was Francis Carbonneaux, prothonotary and notary public for the Illinois country. Although he came to get some private affairs settled, his chief mission was to lay before the Board the confusion in Illinois, and the Board correctly surmised that if Virginia did not afford relief the messenger [pg 043] would proceed to Congress.[81] It was but natural that at this time, the people of Illinois should be in doubt as to whom to present their petition, because Virginia had offered to cede her western lands to Congress, although the terms of cession were not yet agreed upon. Carbonneaux complained that Illinois was wholly without law or government; that the magistrates, from indolence or sinister views, had for some time been lax in the execution of their duties, and were now altogether without authority; that crimes of the greatest enormity might be committed with impunity, and a man be murdered in his own house and no one regard it; that there was neither sheriff nor prison; and to crown the general confusion, that many persons had made large purchases of three and four hundred leagues, and were endeavoring to have themselves established lords of the soil, as some had done in Canada, and to have settlements made on these purchases, composed of a set of men wholly subservient to their views. The Spanish traded freely in Illinois, but strictly prohibited Illinois from trading in Spanish dominions. Complaint was also made that the Board of Commissioners had not settled the Illinois accounts in peltry according to the known rule and practice, namely: that fifty pounds of peltry should represent one hundred livres in money.

The petitioners prayed that a president of judicature be sent to them, with executive powers to a certain extent, and that subordinate civil officers be appointed, to reside in each village or station, with power to hear and decide all causes upon obligations not exceeding three hundred dollars, higher amounts to be determined by a court to be held at Kaskaskia and to be composed of the president and a majority of the magistrates. It was [pg 044] desired that the grant in which the Kaskaskia settlements lay should be considered as one district. It contained five villages, of which Kaskaskia and Cahokia were the largest. The grant extended to the headwaters of the Illinois River on the north. The land had been granted to the settlers by the Indians, and the Indians, having given their consent by solemn treaties, had never denied the sale. The tract referred to was probably the two purchases of the Illinois Company. Maps give but one of these and, in fact, the other was said to be so described as to comprise a line only. Naturally, this fact was not known at the time of purchase.

It was frankly acknowledged that Illinois had no man fitted for the office of president. It was hoped that Virginia would furnish one, and would send with him a company of regulars to act under his direction and enforce laws and authority. The president should be empowered to grant land in small tracts to immigrants. The privilege of trading in Spanish waters, especially on the Missouri, was much desired. It was said that Carbonneaux “appears to have been instructed as to the ground of his message by the better disposed part of the inhabitants of the country whose complaints he represents.”[82]

At the time of Carbonneaux's petition, there was no legal way by which newcomers to Illinois could acquire public land. Virginia had prepared to open a land-office, soon after the conquest of the Illinois country, but she seems to have heeded the recommendation of Congress that no unappropriated land be sold during the war.[83] Some grants had been made by Todd, Demunbrunt, the Indians, and others with less show of right, but they were made without [pg 045] governmental authority. The Indians had presented a tract of land to Clark, but the view consistently held was that individuals could not receive Indian land merely upon their own initiative.[84] One of the grants made at Vincennes, which seems to have been a typical one, was signed by Le Grand, “Colonel commandant and President of the Court,” and was made by the authority granted to the magistrates of the court of Vincennes by John Todd, “Colonel and Grand civil Judge for the United States.” The purpose of the grant, which comprised four hundred arpents “in circumference,” was to induce immigration.[85] The grants made by the court of Vincennes became notorious from the fact that thousands of acres were granted by the court to its own members.[86]

On March 1, 1784, Virginia ceded her western lands to the United States, thus transferring to the general government the question of land titles. The country had been in a state of unconcealed anarchy for more than two years, all semblance of Virginia authority having ceased, and the cession is quite as much a tribute to Virginia's shrewdness as to her generosity. Never was so large a present made with less sacrifice. The cession was made with the following conditions, some of which were to have a direct and potent influence upon the settlement of the ceded region:

1. The territory should be formed into states of not less than one hundred nor more than one hundred and fifty square miles each;

2. Virginia's expenses in subduing and governing the territory should be reimbursed by the United States;

3. Settlers should have their “possessions and titles confirmed;”

4. One hundred and fifty thousand acres, or less, should be granted to George Rogers Clark and his soldiers;

5. The Virginia military bounty lands should be located north of the Ohio River, unless there should prove to be enough land for the purpose south of that river;

6. The proceeds from the sale of the lands should be for the United States, severally.[87]

In the year of the Virginia cession, Congress passed the Ordinance for the Government of the Western Territory, but as it never went into effect, its importance is slight except as indicative of the trend of public feeling on the subjects which it involved. Should Jefferson's plan, proposed at this time, have been carried out, Illinois would have been parts of the states of Polypotamia, Illinois, Assenisipia, and Saratoga.[88]

Carbonneaux, the messenger from Illinois to Virginia, carried his petition to Congress. Congress paid the messenger, referred the petition to a committee, and upon the report of the committee voted to choose one or more commissioners to go to Illinois and investigate conditions there.[89] No record of the appointment of such commissioners has been found. Congress considered Carbonneaux's petition early in 1785. In November of the same year comes a record of the anarchy in Illinois. This was addressed to George Rogers Clark, who was the hope of the people of that neglected country. The commandant at St. Louis is afraid of an attack from the Royalists at Michilimackinac, or he has given orders for all the people [pg 047] in that place to be in readiness when called on, with their arms.

“The Indians are very troublesome on the rivers, and declare an open war with the Americans, which I am sure is nothing lessened by the advice of our neighbors, the French in this place, and the people from Michilimackinac, who openly say they will oppose all the Americans that come into this country. For my part, it is impossible to live here, if we have not regular justice very soon. They are worse than the Indians, and ought to be ruled with a rod of iron.”[90]

During the year 1786, George Rogers Clark was the chief factor in Illinois affairs. He was regarded by the people as their advocate before Congress. In March, seven of the leading men of Vincennes, at the request of the French and American inhabitants, sent a petition to him asking him to persuade Congress to send troops to defend them from the Indians, and also saying: “We have unanimously agreed to present a petition to Congress for relief, apprehensive that the Deed we received from an office, established or rather continued by Colo Todd for lands, may possibly be a slender foundation; so that after we have passed through a scene of suffering in forming settlements in a remote and dangerous part may have the mortification to be totally deprived of our improvements.”[91] In June, seventy-one American subscribers from Vincennes, “in the County of Illinois,” asked Congress to settle their land-titles and give them a government. They held land from grants from an office established by Col. Todd, whose validity they questioned. The commandant [pg 048] and magistracy had resigned because of the disobedience of the people. There was no executive, no law, no government, and the Indians were very hostile.[92]

Clark was not unmindful of the needs of the people. He wrote to the president of Congress: “The inhabitants of the different towns in the Illinois are worthy the attention of Congress. They have it in their power to be of infinite service to us, and might act as a great barrier to the frontier, if under proper regulation; but having no law or government among them, they are in great confusion, and without the authority of Congress is extended to them, they must, in all probability, fall a sacrifice to the savages, who may take advantage of the disorder and want of proper authority in that country. I have recommended it to them, to re-assume their former customs, and appoint temporary officers until the pleasure of Congress is known, which I have flattered them would be in a short time. How far the recommendation will answer the desired purpose is not yet known.”[93]

Clark's fears of the Indians were only too well grounded. During the summer, the American settlers were compelled to retire to a fort at Bellefontaine, and four of their number were killed. At the same time, about twenty Americans were killed about Vincennes. The French were still safe from Indian attacks and were very angry because the Americans complained of existing conditions.[94] The strife between the French and the Americans at Vincennes, over the proper relations of the whites to the Indians, became intense. The French contended that the Indians should [pg 049] be allowed to come and go freely, while the Americans held that it was unsafe to grant such freedom. At last, upon the occasion of the killing of an Indian by the Americans, after they had been attacked by the Indians, the French citizens ordered all persons, who had not permission to settle from the government under which they last resided, to leave at once and at their own risk. The French told the Americans plainly that they were not wanted, and that they, the French, did not know whether the place belonged to the United States or to Great Britain.[95] This last assertion was probably true. The British Michilimackinac Company had a large trading-house at Cahokia for supplying the Indians, they held Detroit, and their machinations among the Indians were constant. The feeling of all intelligent Americans in Illinois must have been expressed by John Edgar when he wrote that the Illinois country was totally lost unless a government should soon be established.[96] Clark wrote a vigorous letter to the people at Vincennes, telling them that unless they stopped quarreling military rule would be established; that the government established under Virginia was still in force, having been confirmed by Congress upon the acceptance of the Virginia deed of cession, and that the court, if depleted, should be filled by election.[97]

In one respect, even during this trying period, the western country gave promise of its future growth. There was a large crop. Flour and pork, quoted, strangely enough, together, sold at the Falls of Ohio at [pg 050] twelve shillings per hundred pounds, while Indian corn sold at nine pence per bushel.[98]

On August 24, 1786, Congress ordered its secretary to inform the inhabitants of Kaskaskia that a government was being prepared for them.[99] In 1787, conditions in the Illinois country became too serious to be ignored. The Indian troubles were grave and persistent, but graver still was the danger of the rebellion or secession of the Western Country or else of a war with Spain. The closure of the Mississippi by Spain made the West desperate. Discontent, anarchy, and petitions might drag a weary length, but when troops raised without authority were quartered at Vincennes, when these troops seized Spanish goods, and impressed the property of the inhabitants of Vincennes, and proposed to treat with the Indians, the time for action was at hand. In April, Gen. Josiah Harmar, then at Falls of Ohio, was ordered to move the greater part of his troops to Vincennes to restore order among the distracted people at that place. Intruders upon the public lands were to be removed, and the lawless and illegally levied troops were to be dispersed.[100]

Arrived at Vincennes, Gen. Harmar proceeded with vigor. The resolution of Congress against intruders on the public lands was published in English and in French. The inhabitants, especially the Americans whose hold on their lands was the more insecure, were dismayed, and French and Americans each prepared a petition to Congress, [pg 051] and appointed Bartholomew Tardiveau, who was to go to Congress within a month, as their agent. Tardiveau was especially fitted for this task by his intimate acquaintance with the land grants of the region. Each party at Vincennes also prepared an address to Gen. Harmar, the Americans declaring that they were settled on French lands and feared that their lands would be taken from them without payment and asking aid from Congress, and the French expressing their joy at being freed from their former bad government. Many of Clark's militia had made tomahawk-rights, and this added to the confusion of titles.[101]

From August 9 to 16, Gen. Harmar, with an officer and thirty men, some Indian hunters, and Tardiveau, journeyed overland from Vincennes to Kaskaskia, where conditions were to be investigated. The August sun poured down its rays upon the parched prairies and dwindling streams. Water was bad and scarce, but buffalo, deer, bear, and smaller game were abundant.

Harmar found life in the settlements he visited as crude as the path he traveled. Kaskaskia was a French village of one hundred and ninety-one men, old and young, with an accompaniment of women and children of various mixtures of white and red blood. Cahokia, then the metropolis, had two hundred and thirty-nine Frenchmen, old and young, with an accompaniment similarly mixed. Between these settlements was Bellefontaine, a small stockade, inhabited altogether by Americans, who had settled without authority. The situation was a beautiful one; the land was fertile; there [pg 052] was no taxation, and the people had an abundance to live upon. They were much alarmed when told of their precarious state respecting a title to their lands, and they gave Tardiveau a petition to carry to Congress. On the route to Cahokia, another stockade, Grand Ruisseau, similarly inhabited by Americans, was passed. There were about thirty other American intruders in the fertile valleys near the Mississippi, and they, too, gave Tardiveau a petition to Congress.

The Kaskaskia, Peoria, Cahokia, and Mitcha tribes of Indians numbered only about forty or fifty members, of whom but ten or eleven individuals composed the Kaskaskia tribe; but this does not mean that danger from the Indians was not great, because other and more hostile tribes came in great numbers to hunt in the Illinois country. The significance of the diminished numbers of these particular tribes lies in the fact that they had the strongest claim to that part of Illinois which would be first needed for settlement. At Kaskaskia and Cahokia, the French were advised to obey their magistrates until Congress had a government ready for them, and Cahokia was advised to put its militia into better shape, and to put any turbulent or refractory persons under guard until a government could be instituted.[102]

Having finished his work in the settlements near the Mississippi, Harmar returned to Vincennes, where he held councils with the Indians, and on October 1, set out on his return to Fort Harmar. Although without authority to give permanent redress, he had persuaded the French at Vincennes to relinquish their charter and to throw themselves upon the generosity of Congress. “As it would have been impolitic, after the parade we had made, to [pg 053] entirely abandon the country,” he left Maj. John F. Hamtramck, with ninety-five men, at Vincennes.[103] Harmar's visit was doubtless of some value, but he had not been gone five weeks when Hamtramck wrote to him: “Our civil administration has been, and is, in a great confusion. Many people are displeased with the Magistrates; how it will go at the election, which is to be the 2d of Decr, I know not. But it is to be hoped that Congress will soon establish some mode of government, for I never saw so injudicious administration. Application has repeatedly been made to me for redress. I have avoided to give answer, not knowing how far my powers extended. In my opinion, the Minister of War should have that matter determined, and sincerely beg you would push it. I confess to you, that I have been very much at a loss how to act on many occasions.”[104]

Not earlier than the 24th of November, Tardiveau set out for Congress with his petitions from the Illinois country. Harmar was much pleased to have so able a messenger, and spoke of him as sensible, well-informed, and able to give a minute and particular description of the western country, particularly the Illinois. He had been preceded to Congress by Joseph Parker, of Kaskaskia. Harmar seems to have regarded Tardiveau as a sort of antidote to Parker, for he closes his recommendation of the former by saying: “There have been some imposters before Congress, particularly one Parker, a whining, canting Methodist, a kind of would-be governor. He is extremely unpopular at Kaskaskia, and despised by the inhabitants.”[105]

This detracts from the value of Parker's representations, which had been made in a letter to St. Clair, the President of Congress. After explaining that when he left Kaskaskia, on June 5, 1787, the people did not have an intended petition ready, Parker complained of the lack of government in Illinois, the presence of British traders, the depopulation of the country by the inducements of the Spaniards, and the high rate at which it was proposed to sell lands. His complaints were true, although he may have failed to give them in their proper proportion.[106]

On July 13, 1787, the Ordinance of 1787 had been passed by Congress. The Illinois country was at that time ready for war against the Spanish, who persisted in closing the Mississippi. The troops, irregularly levied by George Rogers Clark at Vincennes, had seized some Spanish goods on the theory that if the Spanish would not allow the United States to navigate the lower Mississippi, the Spanish should not be allowed to navigate the upper Mississippi. John Rice Jones, later the first lawyer in Illinois, was Clark's commissary.[107]

The Ordinance of 1787 was the only oil then at hand for these troubled waters. The situation in Illinois was a complicated one, and probably the numerical weakness of the population alone saved the country from disastrous results. The few Americans in Illinois desired governmental protection from the Spanish, the Indians, the British, and any Americans who might seek to jump the claims of the first squatters; the few French desired protection from the Spanish, the Americans, the British, and soon from the Indians; the numerous Indians, permanent or transient, desired protection from the Spanish, the Americans, and in rare cases from an Americanized [pg 055] Frenchman. Americans, French, Spanish, British, and Indians made an opportunity for many combinations.

For the French inhabitants, the somewhat paternal character of the government provided for by the Ordinance was a matter of no concern. The great rock of offense for them was the prohibition of slavery. An exodus to the Spanish side of the Mississippi resulted and St. Louis profited by what the older villages of Illinois lost.[108] In addition to a justifiable feeling of uncertainty as to whether they would be allowed to retain their slaves, the credulous French had their fears wrought upon by persons interested in the sale of Spanish lands. These persons took pains to inculcate the belief that all slaves would be released upon American occupancy. The Spanish officials were also active. The commandant at St. 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 [pg 056] 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 associates petitioned Congress to sell them a tract of land on the Mississippi. A congressional committee found upon investigation that the proposed purchase [pg 057] comprised all of the French settlements in Illinois.[113] Thereupon was passed 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 titles 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 [pg 058] 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 title.

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, petitions 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 institute 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 [pg 059] 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 Petition 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 Petition presented to me by the people of Post Vincennes, wherein they complain of the [pg 060] 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 [pg 061] 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 God.

“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 [pg 062] 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 circumscribed as his Excellency may think proper, but the necessity of having such characters will appear when I assure 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 [pg 063] 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 [pg 064] 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 passed [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 petition 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 [pg 066] 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 assistance, 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, curé Des Kaskaskias pour tous les habitans Français 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 petition, and to take bills on Congress in payment.[135]

Hamtramck responded to the petition 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 [pg 068] 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 petition 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 tithes 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 [pg 069] 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 institution 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 aptitude. 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 tithes, 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.

To the professional rover, the inability to secure a title to land was the cause of small concern, but the more substantial and desirable the settler, the more concerned was he about the matter. Settlement and improvements were retarded. Before the affairs of the Ohio Company had progressed far enough to permit sales of land to settlers, the little company at Marietta saw, with deep chagrin, thousands of settlers float by on their way to Kentucky, where land could be bought.[148] Squatters in Illinois were constantly expecting that the public lands [pg 072] would soon be offered for sale. The natural result was petitions for the right of preëmption, because without such a right, the settler was in danger of losing whatever improvements he had made. In 1790, James Piggott and forty-five others petitioned for such a right. The petitioners stated that they had settled since 1783 and had suffered much from Indians. They could not cultivate their land except under guard. Seventeen families had no more tillable land than four could tend. The land on which they lived was the property of two individuals.[149]

Petitions from various classes of settlers, not provided for by the acts of June 20, August 28, and August 29, 1788, led Congress to pass the act of March 3, 1791. By this act, four hundred acres was to be given to each head of a family who, in 1783, was resident in the Illinois country or at Vincennes, and who had since moved from the one to the other. The same donation was to be made to all persons who had moved away, if they should return within five years. Such persons should also have confirmed to them the land they originally held. This was intended to bring back persons who had gone to the Spanish side of the Mississippi. Grants previously made by courts having no authority should be confirmed to persons who had made improvements, to an extent not exceeding four hundred acres to any one person. As these lands had in some cases been repeatedly sold, the parties making the improvements were frequently guiltless of any knowledge of fraud. The Cahokia commons were confirmed to that village. One hundred acres was to be granted to each militiaman enrolled on August 1, 1790, and who had received no other grant.[150] This act throws considerable light on the causes of discontent then prevailing among [pg 073] the settlers and on the conditions to which immigrants came.

This same spring, about two hundred and fifty of the inhabitants of Vincennes had gone to settle at New Madrid.[151] It is not strange that the act of March 3, 1791, made provisions intended to induce the Americans who had emigrated to the Spanish possessions to return. The history of the threatened Spanish aggression upon the western part of the United States is known in essence to anyone who has made the slightest special study of the period at which it was at its height. Morgan's scheme for a purchase of land in Illinois was not carried out, and he turned his attention to peopling his settlement at New Madrid. Down the Mississippi to New Orleans seemed the natural route for Illinois commerce. Slavery flourished unmolested west of the Mississippi. In 1794, Baron de Carondolet gave orders to the governor of Natchez to incite the Chickasaw Indians to expel the Americans from Fort Massac. The governor refused to obey the order, because Fort Massac had been occupied by the Americans in pursuance of a request by the Spanish representative at the capital of the United States that the president would put a stop to the proposed expedition of the French against the Spanish. The claim was advanced by Carondolet that the Americans had no right to the land on which the fort stood, but that the land belonged to the Chickasaws, who were independent allies of Spain. Two other reasons given for not obeying the order were that it would preclude the successful issue of the Spanish intrigue for the separation of Kentucky from the United States, and would hinder negotiations, then pending, for a commercial treaty between Spain and the United States.[152] [pg 074] Carondolet regarded the Indians as Spain's best defence against the Americans,[153] yet the whites prepared for defence, and in anticipation of the proposed French expedition of George Rogers Clark, a garrison of thirty men and an officer was placed at Ste. Genevieve, opposite Kaskaskia. Carondolet said: “This will suffice to prevent the smuggling carried on by the Americans of the settlement of Kaskaskias situated opposite, which increases daily.”[154]

Early in 1796, a petition was sent from Kaskaskia to Congress. The petitioners desired that they might be permitted to locate their donation of four hundred acres per family on Long Prairie, a few miles above Kaskaskia, on the Kaskaskia River, and that the expense of surveying the land might be paid by the United States. The act granting the donation-land had provided for its location between the Kaskaskia and the Mississippi. This land the petitioners declared to be private land and some of it was of poor quality.[155] Confirmation of land claims directed to be made upon the Governor's visit in 1790 were delayed by the lack of a surveyor and the poverty of the inhabitants.[156] The petition was signed by John Edgar, William Morrison, William St. Clair, and John Demoulin[157] “for the inhabitants [pg 075] of the counties of St. Clair and Randolph”[158]—the Illinois counties. The petitioners ranked high in the mercantile and legal life of the Illinois settlements, but they must have been novices in the art of petitioning if they thought that a petition signed by four men from the Illinois country, with no sign of their being legally representative, would be regarded by Congress as an expression of the opinion of the Northwest Territory. The part of the petition relating to lands was granted, but the major part, which related to other subjects, was denied on the ground that the petitioners probably did not represent public sentiment.[159] During this same year Congress denied a number of petitions for the right of preëmption in the Northwest Territory, because such a right would encourage illegal settling. It was also during this year that the first sales of public land in the Northwest Territory were authorized. The land to be sold was in what is now Ohio. No tract of less than four thousand acres could be purchased.[160]

In 1800, two hundred and sixty-eight inhabitants of Illinois, chiefly French, petitioned Congress that Indian titles to land in the southern part of Illinois might be extinguished and the land offered for sale; that tracts of land at the distance of a day's journey from each other, lying between Vincennes and the Illinois settlements, might be ceded to such persons as would keep taverns, and [pg 076] that one or two garrisons might be stationed in Illinois. The petitioners state that the Kaskaskia tribe of Indians numbered not more than fifteen members and that their title to land could be easily extinguished; that not enough land is open to settlement to admit a population sufficient to support ordinary county establishments; that roads are much needed, and that many of the inhabitants are crossing the Mississippi with their slaves. The petition was not considered.[161]

A new factor now appears in the forces affecting Illinois settlement. The Northwest Territory having advanced to the second grade of territorial government, in December, 1799, its delegate took his seat in Congress. The step was an important one for the struggling colony. Before this time such petitions as were prepared by inhabitants of the territory for the consideration of Congress had been subjected to all the vicissitudes of being addressed to some public officer or of being confided to some member of Congress who represented a different portion of the country. Up to this time the public lands could only be bought in tracts of four thousand acres. Largely through the influence of the delegate from the Northwest Territory, a bill was passed which authorized the sale of sections and half-sections. In consequence, emigration soon began to flow rapidly into Ohio. Land in Illinois was not yet offered for sale, but this bill is important because the policy of offering land in smaller tracts was to continue.[162]

The territorial delegate was also active in procuring the passage of a bill for the division of the Northwest Territory. While the bill was pending, a petition from Illinois, praying for the division and for the establishment of such [pg 077] a government in the western part as was provided for by the Ordinance of 1787, was presented. The act for division was signed by the President on May 7, 1800; it formed Indiana Territory, with Vincennes as its capital.[163]

The propositions made by a convention of representatives elected by the citizens of Indiana to prepare petitions to Congress, near the close of 1802, illustrate the needs of the time. It was desired that the Indian title to land lying in Southern Illinois and Southwestern Indiana might be extinguished and the land sold in smaller tracts and at a lower price;[164] that a preëmption act might be passed; that a grant of seminary and school lands might be made; that land for taverns, twenty miles or less apart, might be granted along certain specified routes; that donation-lands might be chosen in separate tracts, instead of in three specified areas, in order to avoid “absolutely useless” prairies, and also lands claimed by ancient grants; and that the qualification of a freehold of fifty acres of land, prescribed for the electors of representatives to the territorial legislature, might be changed to manhood suffrage, because the freehold qualification was said to tend “to throw too great a weight in the scale of wealth.” The petition was considered in committees, but it led to no legislation.[165]

None of the above complaints was better founded than that concerning the restriction of the suffrage, and it is well to note subsequent proceedings in regard to it. No qualification less suitable to the time and place could well have been devised, and this is especially true of the Illinois portion of the territory, because there unsettled French claims were to delay the sales of public lands until 1814, and thus early settlers could neither buy land nor vote unless they owned it, unless indeed they purchased land claims from the needy and unbusiness-like French. An interesting petition of 1807 from the settlement on Richland Creek,[166] for the right of preëmption, throws light upon conditions then obtaining. The petitioner inclosed a map of the settlement, with the following explanation: “Those persons whose names are enclosed in said plot, within surveyed lines, have confirmed and located rights, amounting to 3,775 acres; ... the residue of the said settlers, occupying about 6,000 acres of land, have, without any right, settled upon the public land.” The map shows that there were eleven owners and twenty-two squatters.[167] As the law then stood, the twenty-two squatters, occupying more than three-fifths of the land, could not vote. The eleven land-owners must have secured their land either under the acts of 1788 or that of 1791, or by the purchase of French claims, a trade vigorously carried on. In 1808,[168] Congress so far extended the suffrage in Indiana as to make the ownership of a town lot worth one hundred dollars an alternative qualification to the possession of a [pg 079] freehold of fifty acres. This was in advance of the law in some of the Eastern states.

After 1802, the land question can not be traced without reference to the Indian question in Illinois. That question became important as soon as American occupation was assured, and it remained important for fifty years after the Revolution. The desire of the American settlers for land was directly counter to the desire of the Indians to preserve their hunting-grounds. Before the close of the eighteenth century, the list of bloody deeds in Illinois had grown long.[169] The United States Government appreciated the gravity of the situation and early made efforts to purchase the land from the Indians. That part of the treaty of Greenville, of 1795, which affected Illinois, extinguished the Indian title to a tract six miles square, at the mouth of Chicago River; one six miles square, at Peoria; one twelve miles square, near the mouth of the Illinois River; the post of Fort Massac, and the land in the possession of the whites.[170] The treaty of Fort Wayne, in 1803, ceded four square miles or less, at the salt springs on Saline Creek, and some land west and southwest from Vincennes. This treaty, with another made in the following August, ceded three tracts of land, each one mile square, between Vincennes and Kaskaskia, to be sites for taverns.[171] The treaty of Vincennes, of August, 1803, ceded land in Illinois bounded by the Ohio, the Mississippi, the Illinois, and the western watershed of the Wabash, except three hundred and fifty [pg 080] acres near Kaskaskia, and twelve hundred and eighty acres to be located. This last treaty was made with the depleted Kaskaskia tribe.[172] As the claims of various tribes overlapped, an Indian treaty rarely signifies that all controversy in regard to the land ceded is at an end. Frequently one or more treaties must yet be made with other tribes, and frequently a tribe refuses to abide by its agreement.

Previous to 1804, no land was sold in the Northwest Territory west of the mouth of the Kentucky River. An act of March 26 of that year provided for the opening of a land-office at Detroit to sell lands north of Ohio; one at Vincennes to sell lands in its vicinity ceded by the treaty of Fort Wayne; and one at Kaskaskia to sell so much of the land ceded by the treaty of Vincennes (August, 1803) as was not claimed by any other tribe than those represented in the cession. The register and the receiver of public moneys of these respective districts were to be commissioners to settle private land claims. Evidences of claims should be filed before January 1, 1805, and after the adjustment of claims the public lands should be sold at auction to the highest bidder. Two dollars per acre was to be the minimum price; no land should be sold in less than quarter-sections, except fractional portions caused by irregularities in topography or survey, and lands unsold after the auction might be sold at private sale. Although this act provided for the sale of public lands in Illinois after private claims should have been satisfied, and directed that such claims should be filed not later than January 1, 1805, Congress repeatedly extended the time for the filing of claims, and ten years after the passage of this act there were still unsatisfied claims.[173] Not until [pg 081] 1814 did sales of public land begin in Illinois. The delay retarded immigration of that class which would have made the most desirable citizens.

By the treaty of St. Louis, November 3, 1804, the Sauk and Foxes ceded that part of Illinois west of the Illinois and Fox rivers. Black Hawk, the principal chief of the Sauk, did not sign the treaty.[174] By the treaty of Vincennes, 1805, the Piankashaws ceded a tract lying between the lower Wabash and its western watershed.[175] No more Indian titles to land in Illinois were extinguished, and no public land was sold in Illinois until after that part of the country became a separate territory.

Early in 1806, there came to Congress from Illinois a petition which betrayed the anxiety of the French settlers, and of the Americans who had bought French claims, lest the peculiar shape of their holdings should be disturbed by the orderly system of government surveys. The petitioners asked that a line might be run from a point north of Cahokia to an unspecified river south of Kaskaskia, in such a manner as to include all settlements between the two points, and that the land so included be exempt from the mode of survey and terms of sale of other public lands of the United States. The petition was apparently not reported upon, but a detailed map of the region referred to shows that the holdings were left in their bewildering complexity.[176]

By the time Indiana Territory was divided some progress had been made in extinguishing Indian titles, and some [pg 082] also in investigating land claims of the French and their assignees; but the American immigrant had still the hard choice of buying a French claim with uncertain title or squatting on government land with the risk of losing whatever improvement he might make, and often the added risk of being killed by the suspicious, hostile, untrustworthy Indians. This was one class of hindrances to settlement. Another hindrance, next to be noticed, was the unstable governmental conditions following the anarchy already recited.

II. Government Succeeding the Period of Anarchy, 1790 to 1809.

When St. Clair County was formed, in 1790, it was made to include all the settlements of the Northwest Territory to the westward of Vincennes. On account of its geographical extent it was divided into three judicial districts, but it could not be made into three separate counties, because there were not enough men capable of holding office to furnish the necessary officials. The American settlers were few and a large proportion of them were unskilled in matters of government, while the French were totally unfit to govern. In 1795, St. Clair, when referring to conditions in 1790, wrote that since then the population of Illinois had decreased considerably.[177] Combining this decrease with the fact that there were in the settlements in what is now Missouri 1491 inhabitants in 1785, 2093 in 1788, and 6028, including 883 slaves, in 1799,[178] the conclusion [pg 083] is inevitable that emigration across the Mississippi was the immediate cause of the decrease in Illinois.

In 1795, notwithstanding the decreased population, and perhaps in the hope of checking the decrease, St. Clair County was divided by proclamation of Governor St. Clair. The division was by an east and west line running a little south of the settlement of New Design.[179] St. Clair County lay to the north, Randolph County to the south of the line.[180]

The early laws of the Northwest Territory throw light upon the conditions existing upon the frontier. Minute provisions for establishing and maintaining ferries, with no mention of bridges, indicate the primitive methods of travel.[181] Millers were required to use a prescribed set of measures and to grind for a prescribed toll, the toll for the use of a horse-mill being higher than that for a water-mill, unless the owner of the grain furnished the horses.[182] Guide-posts were to be put up at the forks of every public road.[183] No stray stock should be taken up between the first of April and the first of November, unless the stray should have broken into the inclosure of the taker-up.[184] In those days stock was turned out and crops were fenced in. Prairies or cleared land were not to be fired except between December 1 and March 10, unless upon one's own land.[185] The following rates of county taxation were prescribed:

Horses, per head, not more than $.50

Neat cattle, not more than .12-½

Bond servant, not more than 1.00

Single man, 21 yrs. or older, with less than $200 worth of property, not more than 2.00 nor less than .50

Retail merchants, not more than 10.00[186]

A bounty, varying at different times between 1799 and 1810 from 50 cents to $2 per head, was given for killing wolves.[187] Imprisonment for debt, a law antedating by many years similar laws in several of the other parts of the United States, was practically abolished.[188] A frontier region does not have that social stratification which makes oppression of the debtor class easy. A county too poor to build a log jail without difficulty is not likely to be so senseless as to make a practice of confining and boarding its debtor class.

For the purpose of taxation land was to be listed in three classes according to value. No specification as to the value of the respective classes was prescribed. The tax was eighty-five, sixty, or twenty-five cents per one hundred acres, according as land was first, second, or third class. No unimproved land in Illinois was to be listed higher than second class.[189]

The laws above cited were enacted by the legislature of the Northwest Territory. In May, 1800, that territory was divided, the western part, including Illinois, becoming Indiana Territory. This made the Illinois country more distinctly frontier by again reducing it to the first grade of territorial government, Indiana Territory, as such, not being represented in Congress until December, 1805.[190] Among the reasons advanced for dividing the Northwest Territory was the fact that in five years there had been but one court for criminal cases in the three western counties.[191]

Illinois soon sought admission to the second grade of territorial government. In April, 1801, John Edgar wrote from Kaskaskia to St. Clair: “During a few weeks past, we have put into circulation petitions addressed to Governor Harrison, for a General Assembly, and we have had the satisfaction to find that about nine-tenths of the inhabitants of the counties of St. Clair and Randolph approve of the measure, a great proportion of whom have already put their signatures to the petition.... I have no doubt but that the undertaking will meet with early success, so as to admit of the House of Representatives meeting in the fall.”[192] The movement for advancement to the second grade was not, however, destined to such early success, and when it did take place such a change had occurred that Illinois was much enraged.

The Illinois country early became restive under the government of Indiana Territory. Much the same causes for discontent existed as had caused Kentucky to wish to separate from Virginia, Tennessee from North Carolina, and the country west of the Alleghanies from the United States. In each case a frontier minority saw its wishes, if not its rights, infringed by a more eastern majority. In each case the eastern people were themselves too weak to furnish sufficient succor to the struggling West. The conflict was natural and inevitable. The grave charge against Governor Harrison, who had large powers of patronage, was local favoritism. So discontented was Illinois, that in 1803 it had petitioned for annexation to the territory of Louisiana when such territory should be formed.[193] Antagonism to the Indiana government became still more bitter when, in December, 1804, after an election which was so hurried that an outlying county did not get to vote, [pg 086] the territory entered the second grade of territorial government.[194]

In the summer of 1805, discontent in Illinois was again expressed in a memorial to Congress. About three hundred and fifty inhabitants of the region petitioned for a division of Indiana Territory, From the Illinois settlements to the capital, Vincennes, was said to be one hundred and eighty miles, “through a dreary and inhospitable wilderness, uninhabited, and which during one part of the year, can scarcely afford water sufficient to sustain nature, and that of the most indifferent quality, besides presenting other hardships equally severe, while in another it is part under water, and in places to the extent of some miles, by which the road is rendered almost impassable, and the traveler is not only subjected to the greatest difficulties, but his life placed in the most imminent danger.” It resulted that the attendance of Illinois inhabitants upon either the legislature or the supreme court was fraught with many inconveniences. Because of the extensive prairies between Illinois and Vincennes, “a communication between them and the settlements east of that river [the Wabash] can not in the common course of things, for centuries yet to come, be supported with the least benefit, or be of the least moment to either of them.” Illinois objected to having been precipitated into the second grade of government. In the election for that purpose, said the memorialists, only Knox county voted in the affirmative, and Wayne county did not vote, because the writs of election arrived too late. Since entering the second grade the County of Wayne (Michigan) had been struck off. It was believed that if the prayer for separation should be granted, the rage for emigration to Louisiana would, in great measure, cease, the value of public lands in Illinois [pg 087] would be increased, and their sale would also be more rapid, while an increased population would render Illinois flourishing and self-supporting rather than a claimant for governmental support.[195]

At the same time that Congress received the above memorial, it received a petition from a majority of the members of the respective houses of the Indiana legislature. This petition asked that the freehold qualification for electors be abolished; that Indiana Territory be not divided, and that the undivided territory be soon made a state. It was said that the people were too poor to support a divided government, and that as the general court met annually in each county it was slight hardship to the frontier to have the supreme court meet at Vincennes.[196] It was probably true at this time, as it certainly was in 1807, that the general court met as above stated. Appeal by bill of exceptions was, however, allowed. The supreme court had no original, exclusive jurisdiction.[197] Nothing daunted by this memorial from the legislature, Illinois, in a short time, prepared another memorial—this time with twenty signatures. This adds to the grievances recited in the previous memorial that the wealthy appeal cases against the Illinois poor to the supreme court at Vincennes; that landholders on the Wabash are interested in preventing the population of lands on the Mississippi; that preëmption is needed, and that it is hoped that the general government will not pass unnoticed the act of the last legislature authorizing the importation of slaves into the territory. It violates the Ordinance of 1787. The memorialists desired such importation, but it must be [pg 088] authorized by Congress to be legal. The population of Illinois was given as follows:

By the census of April 1, 1801: 2,361

Inhabitants of Prairie du Chien and on the Illinois River, not included in above: 550

“Emigration” since 1801, at least one-third increase: 750

Settlements on the Ohio River: 650

4,311[198]

The truth of some of the complaints from Illinois is apparent. That a land company on the Wabash wished to hinder settlement on the Mississippi is probably true, for Matthew Lyon, of Kentucky, said in Congress, in the winter of 1805-6: “The price of lands is various. I know of two hundred thousand acres of land on the Wabash, which is offered for sale at twenty cents per acre.”[199] It is to be presumed that the company making the offer could not give a secure title to the land.

In 1806, a congressional committee reported on the various memorials and petitions from Illinois, but the report led to no legislation and thus settled nothing, and in 1807 petitioning continued.[200] Illinois again petitioned for separation from the remainder of Indiana Territory, this petition bearing seventeen signatures. An inclosed census is lost, but a population of five thousand is spoken of. A new and significant paragraph occurs: “When your Memorialists contemplate the probable movements which may arise out of an European peace, now apparently about to take place, they cannot but feel the importance of union, of energy, of population on this shore of the [pg 089] Mississippi—they cannot but shudder at the horrors which may arise from a disaffection in the West....” A government was needed, and that of Indiana Territory was not acceptable to the people of Illinois. One hundred and two inhabitants of Illinois sent a counter-petition, in which they said that Illinois had paid no taxes and needed no separate government, also that the committee that prepared the above petition was not legally chosen. Most of the signers of the petition were Americans, while most of the signers of the counter-petition were French, forty-two of the latter being illiterate.[201] The report of a congressional committee on the petition was adverse,[202] as was also a report on three petitions for division that came from Illinois in the spring of 1808.[203] In the following December, the representative of Indiana Territory in Congress was appointed chairman of a committee to consider the expediency of dividing the territory, and to this committee petitions both for and against division were referred. This territorial delegate was in favor of division, and his committee presented a favorable report, in which the number of inhabitants of Indiana east of the Wabash was estimated to be seventeen thousand, and the number west of the Wabash to be eleven thousand—numbers thought to be sufficiently large to justify division, and an estimate which the census of 1810 proves to have been almost correct. In February, 1809, the bill providing for the division so ardently desired by Illinois was approved, the division to take place on the first of the next March. The western division was to be known as Illinois Territory and was to have for its eastern boundary a line due north from Vincennes to the Canadian line.[204] In the debate in [pg 090] the House of Representatives, preceding the passage of the bill for division, the arguments in its favor were that the Wabash was a natural dividing line; that a wide extent of wilderness intervened between Vincennes and the western settlements; that the power of the executive was enervated by the dispersed condition of the settlements; that to render justice was almost impossible; that the United States would be more than compensated for the increased expense by the rise in value of the public lands. Opponents of the bill declared that the complaints made by Illinois were common to many parts of the country; that the number of officers would be needlessly increased by the proposed division; and that “a compliance with this petition would but serve to foster their factions, and produce more petitions.” No significant geographical division of the vote on the bill is apparent.[205]

III. Obstacles to Immigration. 1790 to 1809.

In addition to the inability to secure land titles on account of unsettled French claims, to the presence of Indians and to the discontent with the government of Indiana Territory, almost every cause which made settlement on the frontier difficult was found in the Illinois country in its most pronounced form, because Illinois was the far corner of the frontier. The census reports of the United Status give the following statistics of population:

1790. 1800. 1810.
Kentucky 73,677 220,955 406,511
Ohio 45,365 230,760
Indiana 2,517 24,520
Illinois 2,458 12,282

These figures show how conspicuously small was the immigration to Illinois. Enough has already been said to show some of the reasons for this sluggish settlement. When, in 1793, Governor St. Clair wrote to Alexander Hamilton, “In compassion to a poor devil banished to another planet, tell me what is doing in yours, if you can snatch a moment from the weighty cares of your office,”[206] he doubtless felt that the language was not too strong, and voiced a feeling of loneliness that was common to the settlers. Nor was there a lack of land in the East to make westward movement imperative. Massachusetts was much opposed to her people emigrating to Ohio, because she wished them to settle on her own eastern frontier (Maine), and Vermont and New York had vacant lands.[207]

One who settled in Illinois at this period came through danger to danger, for Indians lurked in the woods and malaria waited in the lowlands. The journey made by the immigrants was tedious and difficult, and was often rendered dangerous by precipitous and rough hills and swollen streams, if the journey was overland, or by snags, shoals and rapids, if by water. A large proportion of the settlers came from Maryland, Virginia, or the Carolinas. Those from Virginia and Maryland were induced to emigrate by the glowing descriptions of the Illinois country given by the soldiers of George Rogers Clark, and these soldiers sometimes led the first contingent. A typical Virginia settlement in Illinois was that called New [pg 092] Design, located in what is now Monroe county, between Kaskaskia and Cahokia. Founded about 1786 by a native of Berkeley county, the settlement received important additions in 1793, and four years later a party of more than one hundred and fifty arrived from near the headwaters of the south branch of the Potomac, this last contingent led by a Baptist minister, who had organized a church on a previous visit.[208] In general, persons Scotch-Irish by birth were opposed to slavery, as were also the members of the Quaker church. This caused a considerable emigration from the Carolinas. Another motive for people from all sections was that expressed by settlers of Illinois, in 1806, when they said that they came west in order to secure “such an establishment in land as they despaired of ever being able to procure in the old settlements.”[209] We have seen how long deferred was the fulfillment of their hope of getting a title to the coveted land. Although the East was not crowded, it is true that land there was more expensive than that of the same quality in the West. In 1806, three dollars per acre was the maximum price in even the settled parts of Indiana Territory, while fifty dollars per acre had been paid for choice Kentucky land.[210]

The greater number of immigrants came by water, but a family too poor to travel thus, or whose starting-point was not near a navigable stream, could come overland. Illinois was favored by having a number of large rivers leading toward it; the Ohio, Kentucky, Cumberland, Tennessee, and their tributaries were much used by emigrants. [pg 093] The chief route by land was the Wilderness Road, over which thousands of the inhabitants of Kentucky had come. Its existence helps to explain the wonderful growth of Kentucky—in 1774 the first cabin, in 1790 a population of 73,000. It crossed the mountains at Cumberland Gap, wound its way by the most convenient course to Crab Orchard, and was early extended to the Falls of the Ohio and later to Vincennes and St. Louis. The legislature of Kentucky provided, in 1795, that the road from Cumberland Gap to Crab Orchard should be made perfectly commodious and passable for wagons carrying a weight of one ton, and appropriated two thousand pounds for the work. Two years later five hundred dollars were appropriated for the repair of the road, and the highway was made a turnpike with prescribed toll, although it did not become such a road as the word turnpike suggests.[211]

A traveler of 1807 described the river craft of the period. The smallest kind in use was a simple log canoe. This was followed by the pirogue, which was a larger kind of canoe and sufficiently strong and capacious to carry from twelve to fifteen barrels of salt. Skiffs were built of all sizes, from five hundred to twenty thousand pounds burden, and batteaux were the same as the larger skiffs, being indifferently known by either name. Kentucky boats were strong frames of an oblong form, varying in size from twenty to fifty feet in length and from ten to fourteen in breadth, were sided and roofed, and guided by huge oars. New Orleans boats resembled Kentucky boats, but were larger and stronger and had arched roofs. The largest could carry four hundred and fifty barrels of flour. Keel boats were generally built from forty to eighty feet in length and from seven to nine feet in width. The largest [pg 094] required one man to steer and two to row in descending the Ohio, and would carry about one hundred barrels of salt; but to ascend the stream, at least six or eight men were required to make any considerable progress. A barge would carry from four thousand to sixty thousand pounds, and required four men, besides the helmsman, to descend the river, while to return with a load from eight to twelve men were required.[212]

Shipments of produce from Illinois were usually made in flat-bottomed boats of fifteen tons burden. Such a boat cost about one hundred dollars, the crew of five men was paid one hundred dollars each, the support of the crew was reckoned at one hundred dollars, and insurance at one hundred dollars, thus making a freightage cost of eight hundred dollars for fifteen tons. The boat was either set adrift or sold for the price of firewood at New Orleans. It was estimated that the use of boats of four hundred and fifty tons burden would save four dollars per barrel on shipping flour to New Orleans, where flour had often sold at less than three dollars per barrel, but such boats were not yet used in the West.[213] Canoes cost an emigrant from one to three dollars; pirogues, five to twenty dollars; small skiffs, five to ten dollars; large skiffs or batteaux, twenty to fifty dollars; Kentucky and New Orleans boats, one dollar to one and one-half dollars per foot; keel boats, two dollars and a half to three dollars per foot; and barges, four to five dollars per foot.[214]

Horses, cattle, and household goods were carried on boats. Travel by either land or water was beset with difficulties. The river, without pilot or dredge, had dangers [pg 095] peculiar to itself. Sometimes, when traveling overland, a broken wheel or axle, or a horse lost or stolen by Indians, caused protracted and vexatious delays. It is well to notice, also, that to travel a given distance into the wilderness was more than twice as difficult as to travel one-half that distance, because of the constantly increasing separation between the traveler and what had previously been his base of supplies.[215]

Sometimes immigrants debarked at Fort Massac and completed their journey by land. Two roads led from Fort Massac, one called the lower road and the other the upper road, the former, practicable only in the dry season and then only for travel on foot or on horseback, was some eighty miles long, while the latter was one hundred and fifty miles long. Roads of a like character connected Kaskaskia and Cahokia.[216]

A party of more than one hundred and fifty, which came from Virginia to the New Design settlement in 1797, set out from the south branch of the Potomac. They came from Redstone (now Brownsville), on the Monongahela, to Fort Massac, on flat-boats, and then by land, in twenty-one days, to New Design. The summer was wet and hot, a malignant fever broke out among the newcomers, and one-half of them died before winter. The old settlers were not affected by the fever, but they were too few to properly care for so many immigrants.[217]

Commerce in Illinois was in its infancy. Some cattle, [pg 096] corn, pork, and various other commodities were sent at irregular intervals to New Orleans.[218] The fur trade was carried on much as under the French régime. Salt was made at the salt springs on Saline Creek, the labor being performed chiefly by Kentucky and Tennessee slaves under the supervision of contractors who leased the works from the United States. The contractors agreed to sell no salt at the works for more than fifty cents per bushel, but by means of silent partners to whom the entire supply was sold, the price was sometimes raised as high as two dollars per bushel.[219] The commerce of the West suffered from a lack of vessels going from New Orleans to Atlantic ports, and as a result corn sold in New Orleans at fifty cents per bushel in 1805, while in some of the Atlantic ports it sold for more than two dollars. At the same time the West had a good crop, and Kentucky alone could have spared five hundred thousand bushels of corn, if it could have been shipped.[220]

To secure laborers was difficult. A petition of 1796 said that farm laborers could not be secured for less than one dollar per day, exclusive of washing, lodging, and boarding; that every kind of tradesman was paid from one dollar and a half to two dollars per day, and that at these prices laborers were scarce. Labor was cheaper on the Spanish side of the Mississippi, because of the larger proportion of slaves.[221] These wages were doubtless high in comparison with those paid in the East, just as the one dollar per day and board paid at the Galena lead mines in [pg 097] 1788 was more than double the wages then paid in New England,[222] but an Illinois price list of 1795 shows that the wages of 1796 were by no means comparable to those of today in purchasing power. Making shoes was two dollars per pair; potatoes were one dollar per bushel; brandy, one dollar per quart; corn, one dollar per bushel.[223]

Among the early difficulties in the way of settlement, one of the most persistent was the presence of prairies. This is by no means far-fetched, although it sounds so to modern ears. In 1786, Monroe wrote to Jefferson concerning the Northwest Territory: “A great part of the territory is miserably poor, especially that near Lakes Michigan and Erie, and that upon the Mississippi and the Illinois consists of extensive plains which have not had, from appearances, and will not have, a single bush on them for ages. The districts, therefore, within which these fall will never contain a sufficient number of inhabitants to entitle them to membership in the confederacy.”[224] Some of the most fertile of the Illinois prairies were not settled until far into the nineteenth century. The false prophets of the early days will be judged less harshly if we recall that wood was then a necessity, that no railroads and few roads existed, that wells now in use in prairie regions are much deeper than the early settlers could dig, and that the vast quantities of coal under the surface of Illinois were undiscovered.

As causes for the fact that more than a quarter of a century after the Revolution, Illinois had a population estimated at only eleven thousand, may be suggested the [pg 098] presence of hostile Indians; the inability of settlers to secure a title to their land; the unsettled condition of the slavery question; the great distance from the older portions of the United States and from any market; the fact that Kentucky, Ohio, and Indiana had vast quantities of unoccupied land more accessible to emigrants than was Illinois; the danger and the cost of moving; privation incident to a scanty population, such as lack of roads, schools, churches and mills; the existence of large prairies in Illinois. To remove or mitigate these difficulties was still the problem of Illinois settlers. On some of them a beginning had been made before 1809, but none were yet removed.

Chapter IV. Illinois During Its Territorial Period. 1809 to 1818.

I. The Land and Indian Questions.

Probably nothing affected settlement in Illinois from 1809 to 1818 more profoundly than did changes in the land question, for during this period Congress passed important acts relative to land sales, and this was also the period of the first sales of public lands in the territory. It seems strange that such sales should have been so long delayed, yet the settlement of French claims, although begun by the Governor of the Northwest Territory at an early day, and continued by commissioners authorized by Congress and appointed in 1804, was incomplete when Illinois became a separate territory, and the United States government adhered to its policy of selling no land in the territory until the claims were finally adjudicated. When a list of decisions reported by the commissioners to Congress late in 1809 was confirmed in the following May,[225] and the next year a long list of rejected claims arising chiefly from the work of professional falsifiers, was reported,[226] it seemed probable that the work was nearing completion, but a final settlement was still delayed, and the long-suffering Illinois squatters were bitterly disappointed when, in February, 1812, in accordance with a resolution presented by the Committee on Public Lands, Congress made provision for the appointment of a committee to revise the confirmations made by the Governor years before.[227] The [pg 100] first legislature of Illinois met in the succeeding November, and adopted a memorial to Congress in which it was pointed out that the establishment of a land-office in the territory, several years before, had led to the opinion that the public land would soon be sold, and that because of this opinion those who constituted the majority of the inhabitants of the territory had been induced to settle, hoping that they would have an opportunity to purchase land before they should have made such improvements as would tempt the competition of avaricious speculators. The fulfillment of this hope having been long deferred, many squatters had now made valuable improvements which they were in danger of losing, either at the public sales of land or through the designs of the few speculators who had bought from the needy and unbusinesslike French most of the unlocated claims. For the relief of the squatters a law was desired that would permit actual settlers to enter the land on which their improvements stood, and requiring persons holding unlocated claims to locate them on unimproved lands lying in the region designated by Congress for that purpose. It was also hoped that as Congress had given one hundred acres of land to each regular soldier, as much would be granted to each member of the Illinois militia, since the militiaman had not only fought as bravely as the regular, but had also furnished his own supplies. If such a donation was not made it was hoped that a right of preëmption would be given to the militia, or failing even this, that they might be given the right, legally, to collect from anyone entering their land, the value of their improvements.[228] In proof of the fact stated in the memorial, that speculators had bought many French claims, it may be noted that William Morrison [pg 101] had ninety-two of the claims granted at Kaskaskia, his affirmed claims comprising more than eighteen thousand acres, exclusive of a large number of claims measured in French units, while John Edgar received a satisfactory report on claims aggregating more than forty thousand acres, in addition to a number of claims previously affirmed to him.[229]

A few days after preparing the above memorial, the legislature prepared an address to Congress, in which reference was made to the arrangement made between Congress and Ohio by the Act of April 30, 1802, granting to Ohio two salt springs on condition that the state should agree not to tax such public lands as should be sold within her borders, until after five years from the date of sale. Illinois wished in similar fashion to gain control of the salt springs on Saline creek. The Illinois delegate in Congress was instructed that if the bargain could not be made, he should attempt to secure an appropriation for opening a road from Shawneetown to the Saline and thence to Kaskaskia. It was also desired that the Secretary of the Treasury should authorize the designation of the college township reserved by the Ordinance of 1787 and by the Act of 1804, and because “labor in this Territory is abundant, and laborers at this time extremely scarce,” it was hoped that slaves from Kentucky or elsewhere might be employed at the salines for a period of not more than three years, after which they should return to their masters.[230] Each prayer of this address was granted. The enabling act and the Illinois constitution ceded the salt springs to the state and agreed that public lands sold in [pg 102] Illinois should be exempt from taxation for five years from date of sale; the Illinois Constitution provided for the employment of slaves at the salt works; an act provided for the location of the college township; and in 1816 the making of the desired road was authorized, although at the beginning of 1818 the route had been merely surveyed and mapped.[231]

The memorial which preceded the address was also in large measure successful. An act of February, 1813, granted to the squatters in Illinois the right of preëmpting a quarter section, each, of the lands they occupied, and of entering the land upon the payment of one-twentieth of the purchase money, as was then required in private sales.[232] This act was of prime importance. For more than thirty years settlers in Illinois had improved their lands at the risk of losing them. Since the appointment, in 1804, of commissioners to settle the French land claims, the settlers had been expecting the public lands, including those they occupied, to be offered for sale; thus it was inevitable that anxiety concerning the right of preëmption should increase as the settlement of claims neared completion, and contemporaries record that the inability to secure land titles seriously retarded settlement;[233] now, however, the granting of the right of preëmption, before any public lands in Illinois were offered for sale, ended the long suspense of the settlers. Years before this, Kentucky, now selling its public lands at twenty cents per acre, had passed liberal preëmption laws, and they were repeatedly renewed,[234] facts which increased the anxiety of Illinois.

Year after year the settlement of land claims dragged on, thus delaying the sales of land.[235] In an official report of December, 1813, it is stated that: “In the Territory of Illinois, two land-offices are directed by law to be opened; one at Kaskaskia, the other at Shawneetown, so soon as the private claims and donations are all located, and the lands surveyed, which are in great forwardness.”[236] A tract of land was set apart in April, 1814, to satisfy the claims recommended by the commissioners for confirmation.[237] A report of November, 1815, said that the commissioners hoped to open the land-office at Kaskaskia on May 15, 1816; and finally, in a report on the public lands sold from October 1, 1815, to September 30, 1816, we find that about thirty-four thousand acres have been sold at Shawneetown and somewhat less than thirteen thousand acres at Kaskaskia, the price at the latter place being precisely the two dollars per acre which was then the minimum, while that at Shawneetown was slightly higher,[238] presumably due to the sale of town lots, which had been authorized in 1810, although no sales took place earlier than 1814.[239]

The long delay in opening the land-offices in Illinois was fatal to an early settlement of the region, because the old states had public lands which they offered for sale at low rates, thus depriving Illinois of a fair chance as a competitor. In 1779 Kentucky granted to each family which had settled before January 1, 1778, the right of preëmption—four hundred acres if no improvement had been made and one thousand acres if a hut had been built. The preëmptor, by a law of 1786, was to pay 13s. [pg 104] 4d. per one hundred acres.[240] In 1781 the sheriffs of Lincoln, Fayette, and Jefferson counties, Virginia, were authorized to survey not more than four hundred acres for each poor family in Kentucky, for which twenty shillings per one hundred acres should be paid within two and one-half years.[241] In 1791 more than three and one-half millions of acres were sold in New York at eight pence per acre, while many thousands of acres in addition were sold for less than four shillings per acre—many for less than two shillings.[242] Pennsylvania offered homestead claims, in 1792, at seven pounds ten shillings per hundred acres.[243]

In December, 1796, Kentucky sheriffs were ordered to sell no more land for taxes until directed by the legislature to do so.[244] In 1800, and again in 1812, Kentucky offered land at twenty cents per acre, and in 1820 at fifteen cents per acre,[245] while during the interval preëmption acts were repeatedly passed.[246] Land in Tennessee sold at from twelve and one-half to twenty-five cents per acre in 1814, and in 1819 at fifty cents.[247]

In 1816 various classes of claimants were given increased facilities and an extension of time for locating their claims in Illinois. The business of satisfying claims was to linger [pg 105] for years, but with the opening of the land-offices it ceased to be a potent factor in retarding settlement.[248]

One writer says of Illinois: “The public lands have rarely sold for more than five dollars per acre, at auction. Those sold at Edwardsville in October, 1816, averaged four dollars. Private sales at the land-office are fixed by law, at two dollars per acre. The old French locations command various prices, from one to fifty dollars. Titles derived from the United States government are always valid, and those from individuals rarely false.”[249] At this time emigrants were going in large numbers to Missouri, and the Illinois river country, not yet relieved of its Indian title, was being explored.[250]

Reports concerning the sales of public lands give the quantity of land sold in Illinois toward the close of the territorial period, the figures for 1817 and 1818 being as follows:

Acres in 1817. Acres in 1818. Jan. 1, 1818. Sept. 30, 1818.
Shawneetown 72,384 216,315 $291,429 $637,468
Kaskaskia 90,493 121,052 209,295 406,288
Edwardsville[251] 149,165 121,923 301,701 451,499[252]
312,042 459,290 $802,425 $1,495,255

The percentage of debt showed a marked increase in the first nine months of 1818. There were received in three-quarters of 1817 and 1818, respectively:

1817. 1818.
At Shawneetown $32,837 $112,759
At Kaskaskia 41,218 68,975
At Edwardsville 41,426 78,788

During this same period the receipts at Steubenville, Marietta, and Wooster, Ohio, decreased,[253] showing that Illinois was beginning to surpass Ohio as an objective point for emigrants wishing to enter land.

The Indian question was interwoven with the land question during the territorial period. In 1809 the Indians relinquished their claim to some small tracts of land lying near the point where the Wabash ceases to be a state boundary line.[254] No more cessions were made until after the war of 1812. Although the population of Illinois increased, during the territorial period, from some eleven thousand to about forty thousand, the increase before the war was slight, and thus it came about that during the war the few whites were kept busy defending themselves from the large and hostile Indian population. So well does the manner of defence in Illinois illustrate the frontier character of the region that a sketch of the same may be given. When, in 1811, the Indians became hostile and murdered a few whites, the condition of the settlers was precarious in the extreme. Today the term city would be almost a favor to a place containing no more inhabitants than were then to be found in the white settlements in Illinois. Moreover, few as were the whites, they were dispersed in a long half-oval extending from a point on the Mississippi near the present Alton southward to the Ohio, and thence up that river and the Wabash to a point considerably north of Vincennes. This fringe of settlement was but a few miles [pg 107] wide in some places, while so sparse was the population near the mouth of the Ohio that the communication between northern and southern Indians was unchecked. Carlyle was regarded as the extreme eastern boundary of settlements to the westward; a fort on Muddy River, near where the old Fort Massac trace crossed the stream, was considered as one of the most exposed situations; and Fort La Motte, on a creek of the same name above Vincennes, was a far northern point. The exposed outside was some hundreds of miles long, and the interior and north were occupied by ten times as many hostile savages as there were whites in the country, the savages being given counsel and ammunition by the British garrisons on the north.[255] Under conditions then existing, aid from the United States could be expected only in the event of dire necessity. Stout frontiersmen were almost ready to seek refuge in flight, but no general exodus took place, although in February, 1812, Governor Edwards wrote to the Secretary of War: “The alarms and apprehensions of the people are becoming so universal, that really I should not be surprised if we should, in three months, lose more than one-half of our present population. In places, in my opinion, entirely out of danger, many are removing. In other parts, large settlements are about to be totally deserted. Even in my own neighborhood, several families have removed, and others are preparing to do so in a week or two. A few days past, a gentleman of respectability arrived here from Kentucky, and he informed me that he saw on the road, in one day, upwards of twenty wagons conveying families out of this Territory. Every effort to check the prevalence of such terror seems to be ineffectual, and although much of it is unreasonably indulged, yet it is very certain the Territory will very shortly be in considerable [pg 108] danger. Its physical force is very inconsiderable, and is growing weaker, while it presents numerous points of attack.”[256]

To the first feeling of fear succeeded a determination to hold the ground. Before the middle of 1812, Governor Edwards had established Fort Russell, a few miles northwest of the present Edwardsville, bringing to this place, which was to be his headquarters, the cannon which Louis XIV. had had placed in Fort Chartres;[257] and two volunteer companies had been raised, and had “ranged to a great distance—principally between the Illinois and the Kaskaskia rivers, and sometimes between the Kaskaskia and the Wabash—always keeping their line of march never less than one and sometimes three days' journey outside of all the settlements”[258]—which incidentally shows what great unoccupied regions still existed even in the southern part of Illinois. As the rangers furnished their own supplies, the two companies went out alternately for periods of fifteen days. Sometimes the company on duty divided, one part marching in one direction and the other in the opposite, in order to produce the greatest possible effect upon the Indians. Settlers on the frontier—and that comprised a large proportion of the population—“forted themselves,” as it was then expressed. Where a few families lived near each other, one of the most substantial houses was fortified, and here the community staid at night, and in case of imminent danger in the daytime as well. Isolated outlying families left their homes and retired to the nearest fort. Such places of refuge were numerous and many were the attacks which they successfully withstood.

Rangers and frontier forts were used with much effect, but the great dispersion of settlement and the large numbers of Indians combined to make it wholly impossible to make such means of defence entirely adequate. In August, 1812, the Governor wrote to the Secretary of War: “The principal settlements of this Territory being on the Mississippi, are at least one hundred and fifty miles from those of Indiana, and immense prairies intervene between them. There can, therefore, be no concert of operations for the protection of their frontiers and ours.... No troops of any kind have yet arrived in this Territory, and I think you may count on hearing of a bloody stroke upon us very soon. I have been extremely reluctant to send my family away, but, unless I hear shortly of more assistance than a few rangers, I shall bury my papers in the ground, send my family off, and stand my ground as long as possible.”[259] The “bloody stroke” predicted by the Governor fell on the garrison at Fort Dearborn, where Chicago now stands. Some regular troops were subsequently sent to the territory, but the war did not lose its frontier character. One of the most characteristic features was that troops sometimes set out on a campaign of considerable length, in an uninhabited region, without any baggage train and practically without pack horses, the men carrying their provisions on their horses, and the horses living on wild grass.[260] Unflagging energy was shown by the settlers, several effective campaigns being carried on, and by the close of 1814 the war was closed in Illinois.[261]

Extinction of Indian titles to land was retarded by the war and also by the policy of the United States, which was expressed by Secretary of War Crawford, in 1816, as follows: [pg 110] “The determination to purchase land only when demanded for settlement will form the settled policy of the Government. Experience has sufficiently proven that our population will spread over any cession, however extensive, before it can be brought into market, and before there is any regular and steady demand for settlement, thereby increasing the difficulty of protection, embarrassing the Government by broils with the natives, and rendering the execution of the laws regulating intercourse with the Indian tribes utterly impracticable.”[262] Some progress, however, was made in extinguishing Indian titles during the territorial period after the close of the war. In 1816, several tribes confirmed the cession of 1804 of land lying south of an east and west line passing through the southern point of Lake Michigan, and ceded a route for an Illinois-Michigan canal.[263] At Edwardsville, on September 25, 1818, the Peoria, Kaskaskia, Michigamia, Cahokia, and Tamarois ceded a tract comprising most of southern and much of central Illinois.[264] The significance of this cession would have been immense had it not been that it was made by weak tribes, while the powerful Kickapoo still claimed and held all that part of the ceded tract lying north of the parallel of 39°—a little to the north of the mouth of the Illinois river. This Kickapoo claim included the fertile and already famous Sangamon country, in which the state capital was eventually to be located, and squatters were pressing hard upon the Indian [pg 111] frontier, yet the Indians still held the land when Illinois became a state.

During the territorial period, Illinois gained the long-sought right of preëmption; the French claims ceased to retard settlement; some progress was made in the extinction of Indian titles, and the sale of public land was begun. The new state was to find the Indian question a pressing one, and some changes in the land system were yet desired, but the crucial point was passed.

II. Territorial Government of Illinois. 1809 to 1818.

The act for the division of Indiana Territory provided that Illinois, during the first stage of its territorial existence, should have a government similar to that of the Northwest Territory under the Ordinance of 1787. In 1809 there were in Illinois two distinct and hostile parties, which had been formed on questions arising in Indiana Territory before division. It was with sound judgment, therefore, that the President, going outside of Illinois, appointed as Governor, Ninian Edwards of Kentucky, a native of Maryland, who successfully resisted all efforts to involve him in party quarrels.[265]

Laws for the government of the territory were to be chosen by the Governor and the judges from the laws of the states. The judges were Jesse B. Thomas and William Sprigg, natives of Maryland, and Alexander Stuart, a native of Virginia. It is worthy of note that of the twelve laws chosen before the meeting of the first territorial [pg 112] legislature, five were from Kentucky, three from Georgia, two from Virginia, one from South Carolina, and one from Pennsylvania.[266] A people practically southern in origin was being governed by officials from the south under southern laws.

Illinois entered the second grade of territorial government in 1812, electing its first legislature in October.[267] In the preceding May, Congress had passed an act making radical and most important extensions in the suffrage in Illinois, over that which had been prescribed by the Ordinance of 1787. The new provision was: “Every free white male person who shall have attained the age of twenty-one years, and who shall have paid a county or territorial tax, and who shall have resided one year in said Territory previous to any general election, and be at the time of any such election a resident thereof, shall be entitled to vote for members of the Legislative Council and House of Representatives of the said Territory.” Each county was to elect one member of the Legislative Council, to serve for four years. The territorial delegate to Congress was also made elective by the citizens.[268] One has but to consider what a complete revolution this act brought about to appreciate its great significance. Previously the Legislative Council had been appointive by the President of the United States, from nominees of the territorial House of Representatives, the nominees being twice the number [pg 113] necessary; the delegate to Congress had not been chosen by popular vote; and a freehold qualification for the elective franchise had obtained. Early petitions show how much the people complained of a landed aristocracy,[269] and letters written by Governor Edwards early in 1812 show how well founded was the complaint. No preëmption act had yet been passed, and of the more than twelve thousand inhabitants of Illinois some two hundred and twenty possessed a freehold of fifty acres, thus giving the balance of power, if the territory should enter the second grade under the old provision, to one hundred and eleven persons. Nearly one-third of the entire population lived either near the Ohio or between it and the Kaskaskia, and among them there were not more than three or four freeholders, and not one who possessed two hundred acres—the necessary qualification for a representative. With no public lands yet offered for sale, with no right of preëmption, with a freehold qualification for the suffrage, this law enfranchising squatters was of prime importance.[270]

The first legislature had few French members, and was apparently southern in nativity.[271] After more than three [pg 114] years and a half of legislation by the Governor and judges, the inhabitants at last had an elective legislature. The journals of the two houses indicate that the belief that had been expressed in petitions to Congress some years before that such a body would provide an efficient government, was well founded. The laws passed were eminently practical for the frontier conditions under which they were to operate.[272] A man contemplating settlement in Illinois could now be sure that he would be governed by Illinois men whom he had a share in electing.

The rude character of the facilities for transportation is indicated by the fact that the earlier laws of the territory deal with ferries only rarely and with bridges not at all, while as time progresses and population increases, ferries multiply and bridges begin to be constructed. By 1817-18 the desire for banks and for internal improvements, which was to be disastrous to the state at a later period, began to show itself. As examples, the Bank of Cairo and the Illinois Navigation Company will suffice. Nine men purchased the low peninsula lying near the junction of the Ohio and the Mississippi, and were incorporated by “An Act to Incorporate the City and Bank of Cairo.” A site for a city comprising at least two thousand lots, with streets eighty feet wide, was to be laid out. The lots were to be sold at one hundred and fifty dollars each and were to be not less than one hundred and twenty by sixty-six feet in size. Of the purchase money, two-thirds should go into the stock of the Bank of Cairo, and one-third to a fund to build dykes to keep the city from being flooded.[273] Considering the time and the location, the scheme was utterly impracticable. “An Act to Incorporate [pg 115] the Stockholders of the Illinois Navigation Company” authorized the formation of a company with a capital of one hundred thousand dollars, for the purpose of cutting a canal through the peninsula between the Ohio and the Mississippi. Within twelve years a canal sufficiently large for the passage of a vessel of twenty tons burden should be completed. The company was given the right of eminent domain.[274] Here again the character of the project was unsuited to existing conditions. Population was increasing rapidly at the time these laws were passed, but they required for their success an increase much more rapid. They were, however, pleasing to the settlers and the prospective settlers of the day.

On January 16, 1818, Mr. Pope, of Illinois, was appointed chairman of a select committee to consider a petition from the Illinois legislature praying for a state government. One week later the committee reported a bill to enable Illinois to form such a government, and to admit the state into the union. When the enabling act came up for discussion, Mr. Pope offered the amendment which changed the northern boundary of Illinois from a line due west from the southern extremity of Lake Michigan, as provided by the Ordinance of 1787, to a line running from that lake to the Mississippi on the parallel of 42° 30'. “The object of this amendment, Mr. Pope said, was to gain, for the proposed state, a coast on Lake Michigan. This would offer additional security to the perpetuity of the union, inasmuch as the state would thereby be connected with the states of Indiana, Ohio, Pennsylvania, and New York, through the lakes. The facility of opening a canal between Lake Michigan and the Illinois River, said Mr. Pope, is acknowledged by every one who has visited the place. Giving to the proposed state the port of Chicago [pg 116] (embraced in the proposed limits), will draw its attention to the opening of the communication between the Illinois River and that place, and the improvement of that harbor. It was believed, he said, upon good authority, that the line of separation between Indiana and Illinois would strike Lake Michigan south of Chicago, and not pass west of it, as had been supposed by some geographers....” Although an avowed violation of the Ordinance of 1787, the amendment was adopted without division or recorded debate. Mr. Pope also secured an amendment to the effect that the state's proportion of the proceeds of the sales of public lands, instead of being applied to the making of roads and canals in the state, should be used in making roads leading to the state, and for the encouragement of learning, two-fifths being applied to the former purpose. Pope pointed out that people would build roads as they needed them, much more readily than they would supply schools, and that waste school lands in a new country would produce slight revenue. Subsequent history of the state justified both statements. The enabling act met with little opposition and was signed by President Monroe on April 18, 1818.[275]

One of the provisions of the enabling act was that, in order to become a state, Illinois must have as many as forty thousand inhabitants. In anticipation of such a provision, the territorial legislature had passed a law in January, 1818, providing that a census of the territory should be taken between April 1 and June 1. A supplemental act provided that as a great increase in population might be expected between June 1 and December, census takers should continue to take the census in their districts [pg 117] of all who should remove into them between June 1 and December 1. The law as framed gave an opportunity to count not only immigrants, but to re-count all who moved from one county to another (such moving being common), and to count in each successive county persons passing through the state. There is no reasonable doubt that at the time the census was taken, the territory had fewer than forty thousand inhabitants. Dana gives a census of 1818, in which the number is given as thirty-four thousand six hundred and sixty-six, and adds: “Another enumeration having been taken a few months after, the amount of population returned was forty thousand one hundred and fifty-six, which exceeded the number entitling the territory to become a state.”[276]

In August, 1818, the Constitution of Illinois was completed. Its provisions most likely to influence settlement were those concerning the elective franchise and slavery. It provided that “In all elections, all white male inhabitants above the age of twenty-one years, having resided in the state six months next preceding the election, shall enjoy the right of an elector; but no person shall be entitled to vote except in the county or district in which he shall actually reside at the time of the election.” Slaves could not hereafter be brought into the state, but existing slavery was not abolished, and existing indentures—and some were for ninety-nine years—should be carried out, although future indentures should not run for a longer term than one year. Male children of slaves or indentured servants should be free at the age of twenty-one, and females at eighteen. Slaves from other states could be employed only at the Saline Creek salt works, and there only until 1825.[277]

During the congressional debate on the acceptance of the Illinois Constitution, objection to admitting the state was made on the ground that the number of inhabitants was doubtful, and that slavery was not distinctly prohibited, Tallmadge, of New York, who later wished to restrict slavery in Missouri, being the chief objector. The state was admitted, however, and on December 4, 1818, the representatives and senators from Illinois took their seats in Congress.[278]

Between 1809 and 1818, Illinois passed from a non-representative territorial government to a liberal state government. The energy of the settlers had done much to hasten the change, and the change, in turn, did much to hasten settlement.

IV. Transportation and Settlement, 1809 to 1818.

At the close of the War of 1812, an unparalleled emigration to the frontiers of the United States began. Contemporary accounts speak of its great volume. “Through New York and down the Alleghany River is now the track of many emigrants from the east to the west. Two hundred and sixty waggons have passed a certain house on this route in nine days, besides many persons on horseback and on foot. The editor of the Gennessee [pg 119] Farmer observes, that he himself met on the road to Hamilton a cavalcade of upwards of twenty waggons, containing one company of one hundred and sixteen persons, on their way to Indiana, and all from one town in the district of Maine. So great is the emigration to Illinois and Missouri also, that it is apprehended that many must suffer for want of provisions the ensuing winter.”[279] “Nothing more strongly proves the superiority of the western territory than the vast emigration to it from the eastern and southern states; during the eighteen months previous to April, 1816, fifteen thousand waggons passed over the bridge at Cayuga, containing emigrants to the western country.”[280] “Old America seems to be breaking up, and moving westward.... The number of emigrants who passed this way [St. Clairsville, Ohio], was greater last year than in any preceding; and the present spring they are still more numerous than the last. Fourteen waggons yesterday, and thirteen today, have gone through this town. Myriads take their course down the Ohio. The waggons swarm with children. I heard today of three together, which contain forty-two of these young citizens.”[281] From Hamilton, New York: “It is estimated, that there are now in this village and its vicinity, three hundred families, besides single travellers, amounting in all to fifteen hundred souls, waiting for a rise of water to embark for ‘the promised land.’ ”[282] “The numerous companies of emigrants that flock to this country, might appear, to those who have not witnessed them, almost incredible. But there is scarce a day, except when the river is impeded with ice, but what there is a greater or less number of [pg 120] boats to be seen floating down its gentle current, to some place of destination. No less than five hundred families stopped at Cincinnati at one time, and many of them having come a great distance, and being of the poorer class of people, before they could provide for themselves, were in a suffering condition; but to the honor of the citizens of Cincinnati, they raised a donation and relieved their distress.”[283] Of the remote districts, Missouri and Michigan were receiving crowds of immigrants.[284]

The changes in government and in the land question in Illinois were typical of changes in other frontier regions, but although worthy of note as helping to make a more attractive place for settlement, they are by no means sufficient to account for the great migration to the westward. Why that migration took place and how it was accomplished are interesting and important questions.

Emigration from New England resulted largely from financial and industrial disorganization caused by the close of the war, and a year of such continued cold weather as to produce a famine. This movement was interesting, dramatic, and large in volume, but its influence upon Illinois was slight, because the tide was stayed to the eastward of that state.[285] Migration from the South was also large, and it was from this source that most of the immigrants [pg 121] to Illinois came. In 1816 there was a severe drought in eastern North Carolina, and many planters cut their immature corn for their cattle, while great numbers sold their property and joined the emigrants.[286] Kentucky, still a favorite place for settlement, was in the midst of a land boom which reached such proportions as to cause a large volume of emigration to Illinois, Missouri, and the southwest. The buyer of Kentucky land was often a neighbor who wished to enlarge his farm and work on a larger scale, or some well-to-do immigrant who preferred the location to a more remote region. Land sold on credit and at fictitious prices, the seller in turn buying land for which he frequently could make only the first payment. Retribution did not come, however, until after 1820, and for some years it seemed as if Kentucky was to become a source of population, for it was to Illinois and Missouri, and to a lesser degree to Alabama, what New England was to Ohio.[287] Probably chief among the reasons for migration from the South was the increase of slavery, with the resulting changes in industrial and social conditions. Early in the century the growing importance of the cotton crop began to hasten a stratification of opinion which was determined by physiographic areas. The western parts of Virginia, North Carolina, and South Carolina, the northern part of Georgia, and the eastern parts of Kentucky and Tennessee, respectively, being hilly and less fertile than the coastal plain, became the center of the southern anti-slavery sentiment. On the plain settled the wealthy planters, and later the poorer Germans and Quakers settled in the uplands. Only when cotton-raising became very profitable was slavery to intrude upon the latter location.[288]

During the war the production of cotton in the United States had been almost constant in amount and less than in preceding years, but 1815 saw an increase of over forty-two per cent and 1816 an increase of twenty-four per cent,[289] while in the latter year South Carolina, after an interval of thirteen years, resumed its slavery legislation by passing the first of a series of acts which show that the slavery problem was becoming increasingly difficult. Similar legislation took place in Tennessee, and to a lesser degree in Kentucky.[290] Increased production of cotton was accompanied by an increase in price, middling upland cotton selling at New York at 15 cents per pound in 1814, at 21 cents in 1815, at 29-½ cents in 1816, at 26-½ cents in 1817, and at 34 cents in 1818, while South Carolina sea-island cotton sold at Charleston in 1816 at 55 cents a pound.[291] An increase in cotton production meant an increase of the plantation system with its slaves, this meant an increased demand for large farms, and also a strengthening of the antagonism between pro-slavery and anti-slavery parties. Even in 1812, a man who wished to sell, lease, or rent his manufacturing establishment in the northwestern part of Virginia, Frederick county, lamented in his advertisement that “some good men of strict moral or religious principles should object against forming settled abodes in [pg 123] Virginia” or other slave states.[292] Census reports show that the proportion of negroes to whites increased in the western counties of North Carolina during the decade 1810 to 1820 over the proportion in 1800 to 1810. Conditions above described naturally led to the emigration of at least four classes of people: those who were anti-slavery, those who did not wish to change from small farming to the plantation system, the poor whites who found themselves increasingly disgraced and who at the same time found that their land was in demand, the slave-holder who wished a large tract of virgin soil. It is very important to note that these forces were merely beginning to operate in the time from 1814 to 1818, and that they did not reach their maximum of influence until after 1830, yet as the population of Illinois increased less than twenty-eight thousand from 1810 to 1818, it is altogether probable that a considerable proportion were influenced by the causes suggested. It is also true that some pioneers moved merely from habit, without any well-defined cause.

Although it is true that the first steamboat that passed down the Ohio and Mississippi made its trip in the winter of 1811-12, and by 1816 an enterprising captain had made a successful experiment of running a steamboat with coal for fuel, also that the speed of steamboats in eastern waters was a matter for enthusiastic comment, yet it is also true that immigrants to Illinois did not usually arrive by steamer.[293] The development of steamboat navigation in western waters was slow, the first steamboat reaching St. Louis on August 2, 1817.[294] Peter Cartwright wrote of his trip from the West to the General Conference in Baltimore, in 1816: “We had no steamboats, railroad cars, or comfortable [pg 124] stages in those days. We had to travel from the extreme West on horseback. It generally took us near a month to go; a month was spent at General Conference, and nearly a month in returning to our fields of labor.”[295]

Some instances of the manner and cost of emigration may be given. A man with his wife and brother having arrived at Philadelphia from England, en route to Birkbeck's settlement[296] in Illinois, the party was directed to Pittsburg, which they reached after a wearisome journey of over three hundred miles across the mountains. At Pittsburg they bought a little boat for six or seven dollars, and came down the Ohio to Shawneetown, whence they proceeded on foot.[297] In the summer of 1818, a party of eighty-eight came over the same route in much the same manner, using flat-boats on the river.[298] In 1817, John Mason Peck, with his wife and three children, went from Litchfield, Connecticut, to Shawneetown, Illinois, in a one-horse wagon. The journey was begun on July 25 and Shawneetown was reached on the sixth of November. “Nearly one month was occupied in passing from Philadelphia through the State of Pennsylvania over the Alleghany Mountains, till on the 10th of September he passed into Ohio. Three weeks he journeyed in that State, and on the 23d of October recrossed the Ohio River into the State of Kentucky ..., and on the 6th of November [pg 125] again crossed the Ohio River, into the then Territory of Illinois, at Shawneetown.”[299] Here the family was delayed by floods which rendered the roads impassable. Leaving the horse and wagon at Shawneetown to be brought on by a friend, they proceeded to St. Louis in a keel-boat, paying twenty-five dollars fare, and arrived at their destination on the first of December.[300]

Shawneetown was a sort of center from which emigrants radiated to their destinations. It owed much to its location, being on the main route from the southern states to St. Louis and what was then called the Missouri, and being also the port for the salt works on Saline Creek. It was the seat of a land-office. The town thus had a business which was out of all proportion to the number of its permanent inhabitants. In 1817 it consisted of but about thirty log houses, a log bank, and a land-office. When a certain traveler came to the place from the South, in 1818, he found the number of wagons, horses, and passengers waiting to cross the Ohio, on the ferry, so great that he had to wait “a great part of the morning” for his turn.[301]

During the latter part of the territorial period freight charges from Philadelphia to Pittsburg, by land, were from seven to ten dollars per hundredweight;[302] from Pittsburg to Shawneetown, one dollar; from Louisville to Shawneetown, thirty-seven cents; and from New Orleans to Shawneetown, four dollars and a half.[303] The use of arks [pg 126] was common. These were flat-bottomed boats of a tonnage of from twenty-five to thirty tons, covered, square at the ends, of a uniform size of fifty feet in length and fourteen in breadth, usually sold for seventy-five dollars, and would carry three or four families. A common practice was to re-sell them at a somewhat reduced price to someone going further down the river. Two dollars was the charge for piloting an ark over the falls of the Ohio.[304]

There is much truth in the remarks made by a German traveler in 1818-19. He said: “The State of Illinois is from one thousand to twelve hundred miles distant from the sea ports. The journey thither is often as costly and tedious, for a man with a family, as the sea passage. Any father of a family, unless he is well-to-do, can certainly count on being impoverished upon his arrival in Illinois. At Williamsport, on the Susquehanna, I found a Swiss, who, with his wife and ten children, had spent one thousand French crown-dollars for their journey. In the village of Williamsport, an old German schoolmaster, who seems to have been formerly a merchant in Nassau, told me that the passage of himself and family had cost thirteen hundred dollars. For an adult the fare is seventy-five dollars—one dollar is equal to one thaler, ten groschen, Prussian—for children under twelve years, half so much, for children of two years, one-fourth so much, and only babes in arms go free.”[305]

It can now be understood why people emigrated to the West, and also why many went overland. A family too poor to go by water could go in a buggy or wagon, and if poorer still they might walk, as many actually did. The immigration to Illinois, which was but a small fraction of [pg 127] the great westward movement, was still largely southern in origin, Ohio, Michigan, Indiana, and even New York still staying, in large measure, the tide from New England. In New England it was the “Ohio fever” and not the Illinois fever which carried away the people, and the designation is geographically correct. The men prominent in Illinois politics at the close of the territorial period, and at the beginning of the state period, were natives of southern states, a fact hardly conceivable if New England had been largely represented in Illinois. Then, too, the natural routes from the South led to, or near to, Illinois, the great road from the South crossing the Ohio River at Shawneetown, and the Kentucky and Cumberland rivers being natural water routes. Another fact to be noticed is that much of the emigration was of relatives and friends to join those who had gone before, and as Virginia, Maryland, Kentucky, Tennessee, the Carolinas, and even Georgia, had furnished a large number of early settlers to Illinois, this was a powerful inducement to continued emigration from the same sources. Similarly Ohio and Michigan had early received settlers from the East.

Immigration to Illinois was not large in comparison to that to neighboring states or territories. Indians still held the greater part of Illinois, and the inconveniences incident to frontier life were more pronounced as the distance from the East increased. Pro-slavery men, and anti-slavery men as well, were still in doubt as to the ultimate fate of slavery in Illinois. This had a deterrent effect upon immigration.

IV. Life of the Settlers.

According to the marshal's return the manufactures in Illinois, in 1810, were as follows:

Spinning-wheels, $630

Looms, 460; cloth produced, 90,039 yards, $54,028

Tanneries, 9; leather dressed, $7,750

Distilleries, 10,200 gallons, $7,500

Flour, 6,440 barrels, $32,200

Maple sugar, 15,600 lbs., $1,980[306]—$104,088

This list incidentally indicates the average price of several manufactured articles. For the first six months of 1814, the internal revenue assessed in Illinois was:

Licenses for stills and boilers, $490.14

Carriages, $62.00

Licenses to retailers, $835.00

Stamps, $5.60—$1392.74

Of this amount ($1392.74), $1047.37 had been paid by October 10, 1814.[307] For the period from April 18, 1815, to February 22, 1816, the following were the internal duties:

Hats, caps, and bonnets, $ 66.50-½

Saddles and bridles, $65.25

Boots and bootees, $7.26

Leather, $184.35-½—$323.37

This was the smallest sum listed in any part of the United States, except Michigan Territory.[308] For 1818:

Licenses for stills, $214.91

Licenses at 20c. per gal., $549.23

Duty on spirits at 25c. per gal., $701.26

On eighteen carriages, $36.75

Licenses to retailers, $1248.80

On stamped paper and bank-notes, $4.50

Manufactured goods, $220.14—$2975.59

Of this amount, $1966.41 was paid, only Indiana and Missouri territories paying a smaller proportion of their assessment.[309] The small proportion paid in these three territories may have been due to the poverty of their inhabitants.

Most of the manufactured articles were consumed within the territory. Both cotton and flax were raised and made into cloth; maple sugar was sometimes sold and exported, but a large proportion of the supply was used as a substitute for sugar, another substitute much used being wild honey. A certain Smith's Prairie was celebrated for the numerous plum and crabapple orchards that grew around its borders. The large red and yellow plums grew there in such abundance that people would come from long distances and haul them away by the wagon-loads, and would preserve them with honey or maple sugar, which was the only sweetening they had in pioneer times.[310]

Previous to the War of 1812, little commerce was carried on, although a few trips had been made to New Orleans with keel-boats or pirogues, and some goods were occasionally brought over the Alleghany Mountains by means of wagons. The round trip to New Orleans and back then required six months; the trip down was easy and required a comparatively short time, but the return trip [pg 130] was slow. It was entirely a barter trade, money being almost unknown. Furs, wild honey, and other commodities of Illinois, as well as lead from the Missouri mines, were carried down and exchanged for groceries, cloth, and other articles of a large value and small bulk. As a natural consequence of having to be transported up stream, goods of that nature were extremely dear, the common price of tea being sixteen dollars a pound, of coffee fifty cents, and of calico fifty cents per yard.[311] To go up the Mississippi from St. Louis to Prairie du Chien, in 1815, required from twelve days to a month, while the return trip was made in from six to ten days.[312]

In the great American Bottom of the Mississippi, extending from the mouth of the Kaskaskia almost to the mouth of the Illinois, cattle raising was a leading industry, the cattle being driven to the Philadelphia or Baltimore markets.[313] Towards the close of the period land could easily be secured by government entry. The fertility of the land was such as must have been new to those immigrants who came from the poorer parts of the older states. Land was subject to a tax of a little more that two cents per acre, the tax being about equally divided between the territory and the county.[314] Public lands were not to be taxed by the state, after 1818, until five years from the date of their sale. Governor Edwards, who was a large landowner, offered to pay three dollars per acre for plowing.[315] Prairies were not yet settled to any considerable extent, but it is worthy of note that a traveler of 1818-19 [pg 131] suggested what was eventually to be the solution of the question of prairie settlement. He wrote: “It will probably be some time before these vast prairies can be settled, owing to the inconvenience attending the want of timber. I know of no way, unless the plan is adopted of ditching and hedging, and the building of brick houses, and substituting the stone coal for fuel. It seems as if the bountiful hand of nature, where it has withheld one gift has always furnished another; for instance, where there is a scarcity of wood, there are coal mines.”[316] The remedy suggested was the one adopted, except that brick houses did not become common.

Really good roads were entirely lacking. Most of the settlements were connected by roads that were practicable at most seasons for packers and travelers on horseback, but in times of flood the suspension of travel by land was practically complete. A post-road had been established between Vincennes and Cahokia in 1805, and in 1810 a route was established from Vincennes, by way of Kaskaskia, Prairie du Rocher, and Cahokia, to St. Louis. At this time and place, however, a post-route does not necessarily imply anything more than a bridle-path. Mail was received at irregular intervals, although the trips were regularly made in good weather. The post-office nearest Chicago was Fort Wayne, Indiana, whence a soldier on foot carried the mail once a month.[317] A report for the first six months of 1814 shows, in Illinois, nine post-offices, three hundred and eighty-eight miles of post-roads, about $143 received for postage, and $1002 paid for transportation of mail—a balance [pg 132] of some $859 against the United States.[318] At this time even Cleveland, Chillicothe, and Marietta received mail but twice per week.[319]

Books were very scarce,[320] and no newspapers had been published in Illinois before its separate territorial organization. Between 1809 and 1818 there were founded the Illinois Herald and the Western Intelligencer, at Kaskaskia, the latter becoming the Illinois Intelligencer on May 27, 1818; and the Shawnee Chief, at Shawneetown.[321] In 1816 the citizens of Shawneetown gave notice through the papers of Kaskaskia, Frankfort, Kentucky, and Nashville, Tennessee, that they would apply to the Legislature of Illinois for the establishment of a bank.[322] This may indicate that the papers of the places named had a considerable circulation in Illinois.

The character of the immigrants left much to be desired. A good observer wrote: “After residing awhile in White County, Tennessee, I migrated in May, 1817, to the southern part of the then Territory of Illinois, and settled in Madison County, twenty-five miles east of St. Louis, which town then contained about five thousand inhabitants. The surrounding country, however, was quite sparsely settled, and destitute of any energy or enterprise among the people; their labors and attention being chiefly confined to the hunting of game, which then abounded, and tilling a small patch of corn for bread, relying on game for the [pg 133] remaining supplies of the table. The inhabitants were of the most generous and hospitable character, and were principally from the southern states; harmony and the utmost good feeling prevailed throughout the country.”[323] Naturally this description was not of universal application, but the source of the population and the reasons for removing from the old homes make it probable that it was widely appropriate.

If it was difficult for an emigrant to reach Illinois, and if, after reaching it, he was inconvenienced by the poor facilities for commerce, the bad roads, the infrequency of mails, the scarcity of schools and churches, he at least found it easy to obtain a living, and to some of the immigrants of the territorial period it was worth something not to starve, even though living was reduced to its lowest terms. The poorest immigrant had access to land on the borders of settlement, because the laws against squatting were not enforced. This same class could procure game in abundance, while maple sugar, wild honey, persimmons, crabapples, nuts, pawpaws, wild grapes, wild plums, fish, mushrooms, “greens,” berries of several kinds, and other palatable natural products known to the Illinois frontiersman, were to be had in most, if not all, of the localities then settled. Hogs fattened on the mast. Log houses could be built without nails. The problem of clothing was probably more difficult at first than that of food, but although clothing could not be picked up in the woods, the materials for making it could be grown in the fields. Spinning, and the processes necessarily preceding and following it, involved a certain amount of labor. Taxes were not high, nor were tax laws rigidly enforced. It is thus easy to understand the reasoning that may have led a large proportion of the immigrants during this period to leave their old homes.

Chapter V. The First Years of Statehood, 1818 to 1830.

The Indian and Land Questions.

One of the most important cessions of land in Illinois ever made by the Indians was that made by the Kickapoo in 1819, of the vast region lying north of the parallel of 39—a little north of the mouth of the Illinois River, and southeast of the Illinois River.[324] Settlement had been crowding hard upon this region and many squatters anxiously awaited the survey and sale of the land, especially of that in the famous Sangamon country. In northern Illinois settlement was still retarded by the presence of Indians. In 1825, the Menominee, Kaskaskia, Sauk and Fox, Potawatomi, and Chippewa tribes claimed over 5,314,000 acres of land in Illinois,[325] and there was a licensed Indian trader at Sangamo, one at the saline near the present Danville, and two on Fever River.[326] Two years later there were three such traders at Fever River, and two at Chicago,[327] and in 1827-28 there was one at Fever River with a capital of about $2000.[328] In February, 1829, there were Indian agents at Chicago, Fort Armstrong, Kaskaskia, and Peoria, as well as others near the borders of [pg 135] Illinois.[329] At this time, the Ottawa, Chippewa, Potawatomi, Kaskaskia, and Winnebago claimed land in the state, although only about 6000 of the more than 25,000 members of these tribes resided in the state. The eight members of the Kaskaskia tribe held a small reservation near the Kaskaskia River. Of the twenty-two hundred members of the Kickapoo tribe, which had relinquished all claim to land east of the Mississippi, about two hundred still lived on the Mackinaw River, but they were expected to move in a few weeks.[330] By a treaty of July 29, 1829, the Chippewa, Ottawa, and Potawatomi ceded their claims in northern Illinois.[331] There still remained the Winnebago tribe, and not until 1833 was Illinois to be free from Indian claims.[332]

A war with the Winnebago tribe was imminent in 1827. Settlers in the northern part of the state either fled to the southward or collected at such points as Galena or Prairie du Chien. “This was a period of great suffering at Galena. The weather was inclement and two or three thousand persons driven suddenly in, with scant provisions, without ammunition or weapons encamped in the open air, or cloth tents which were but little better, were placed in a very disagreeable and critical position.”[333] The prompt action of Governor Lewis Cass, of Michigan, averted what would in all probability have been a bloody war, if prompt action had not been taken.[334]

To September 30, 1819, the record of land sales in Illinois was as follows:

Acres Unsold. Acres Sold. Price.
Shawneetown 4,561,920 562,296 $1,153,897
Kaskaskia 2,188,800 407,027 1,781,773
Edwardsville 2,625,960 394,730 795,531[335]

The balances unpaid by purchasers of public lands steadily increased from 1813 to 1819 until on September 30, 1819, there was due from purchasers of land in the area of the old Northwest Territory nearly ten million dollars.[336] An increase would have resulted merely from an increased sale of public lands under the credit system, but it is also true that the difficulty of collecting the unpaid balances became so great that the government at last abolished the credit system, by the act of April 24, 1820. The act provided that after July 1, 1820, no credit whatever should be given to the purchasers of public lands; that land might be sold in either sections, half-sections, quarter-sections, or eighth-sections; that the minimum price should be reduced from two dollars to one dollar and twenty-five cents per acre; and that reverted lands should be offered at auction before being offered at private sale.[337] At least two of the provisions of this act had long been desired by Illinois in common with other frontier regions: the reduction of the minimum price and the sale in smaller tracts. Under the new law a man with one hundred dollars could buy eighty acres of land, while previously the same man would have had to pay eighty of his one hundred dollars as the first payment on one hundred and sixty acres, the smallest tract then sold. The great danger had been that the second, third, and fourth payments could not be made. In Illinois, [pg 137] before July 1, 1820, there had been sold 1,593,247.53 acres of the public land at an average price of about $2.02 per acre. Some of this reverted from non-payment.[338]

During the third quarter of 1820, all sales in Illinois were at the minimum price and a considerable proportion were of the minimum area. At the same time, some of the land in Ohio, and a very few tracts in Indiana, sold at a higher price, one tract in Ohio, but only one, selling for more than seven dollars per acre.[339] To October 1, 1821, the land-offices in Illinois reported:

Acres Sold. Surveyed, but Unsold.
Shawneetown 592,464 2,401,936
Kaskaskia 419,898 1,615,942
Palestine 714 2,880,720
Edwardsville 437,993 2,696,727
Vandalia 7,923 2,545,677

All land in the districts of Shawneetown and Kaskaskia had been surveyed, but the remaining districts were still indefinite on the north.[340] At this time, Illinois money passed in the state at par, and the Bank of Illinois was among those whose notes were received in payment for public lands.[341]

As more and more land was opened to settlement, a new difficulty arose and became increasingly troublesome. All public land was to be entered at the same minimum price, and as a natural result, the poorest land was not taken [pg 138] up and settlement became widely dispersed on the best tracts of land. In December, 1824, the Illinois legislature sent a memorial to Congress portraying the evils of sparse settlement, and asking that land that had been offered for sale for five years or more might be sold at fifty cents per acre. Better roads, better markets, and better institutions were expected to result from such sales.[342] Two years later, another memorial was sent. This asked that land be offered for sale at prices graduated according to the quality of the land, suggested that the poorest land might well be donated to settlers, and declared that settlement was retarded by the high minimum price of land.[343] Governor Ninian Edwards pointed out that in 1790, Hamilton had recommended that public lands be sold at twenty cents per acre, which “was the price at which Kentucky, long afterward, sold her lands.”[344] In 1828, the Committee on Public Lands recommended that public lands unsold at public sale be first offered at one dollar per acre, and if still unsold, that the price be reduced twenty-five cents per acre each two years until sold or reduced to twenty-five cents per acre; that eighty-acre homestead claims be given to such persons as would cultivate and occupy them for five years; and that lands unsold at twenty-five cents per acre be ceded to the states in which they lay, upon payment of the cost of survey and twenty-five cents per acre. At this time, there was in Illinois 1,403,482 acres surveyed and sold; 19,684,186 acres surveyed and unsold, of the 39,000,000 acres estimated to be in the State.[345] Still another memorial from the legislature was sent to Congress in 1829. It [pg 139] pointed out, in strong terms, the inconvenience arising from the high price at which public land was offered for sale. Unsold public land could neither be taxed nor legally settled. It was stated that of the forty millions of acres in Illinois, little over one and one-half millions had been sold at public sales. A granting of the right of preemption, which implies the presence in the state of squatters, is suggested.[346]

The implication of the presence of squatters was well founded. When Peter Cartwright, in 1823, visited a settlement in the Sangamon country, he found it a community of squatters, on land which had been surveyed, but was not yet offered for sale. Money was hoarded up to enter land when Congress should order sales. Cartwright paid a squatter two hundred dollars for his improvement and his claim, bought some stock, and rented out the place, to which he was to remove from Kentucky the following year.[347] This squatting on surveyed land, and even on unsurveyed land, was a regular procedure. It added much to the difficulty of governing the state—hence the memorials to Congress, and hence the great significance to Illinois of an act of May 29, 1830, which gave to all settlers who had cultivated land in 1829 the right to preempt not more than one hundred and sixty acres.[348] This law was of general application. Even now the Illinois legislature sent another petition concerning preemption to Congress, because one of the provisions of the act of May, 1830, was that the plat of survey should have been filed [pg 140] in the land-office, and this provision debarred about one thousand Illinois squatters from the benefit of the act. A modification in their favor was desired.[349]

The land claims of the ancient settlers, as they are called in government documents, continued to occupy the attention of Congress, in a desultory way, throughout the period, but their influence upon settlement had practically ceased with the opening of the public land-offices.[350]

Among the obstacles to settlement was the holding of land by non-residents. Such lands were subject to a triple tax in case of delinquency, and when sold for taxes and costs frequently did not bring enough for that purpose, in which event they reverted to the state and the state paid the costs. Redemption, although possible, was rare.[351] In 1823, about nine thousand quarter-sections of land in the Military Tract, lying between the Illinois and the Mississippi, were advertised for sale, because of the non-payment of taxes by non-resident landholders.[352] At this time, two of the prominent men of the state who wished to dispose of a large amount of state paper, advertised that they would pay such delinquent taxes at twenty-five per cent discount.[353] In 1826, thirty-eight pages of the Illinois Intelligencer were filled with a description, in double column, of lands owned by non-residents, the lands being for sale for taxes. In 1829, a similar list filled thirty-two pages.[354] Much discontent was manifested in the state on account of the laws [pg 141] concerning the public lands, and Governor Edwards' message to the legislature, in 1830, elaborated a theory that all public lands belonged of right to the states in which they lay.[355]

Illinois early understood that an Illinois-Michigan canal would help to people her northern lands. This led to many efforts to secure such a waterway. In 1819 a favorable topographical report concerning the route for the proposed canal was made,[356] and in 1822 the state was authorized to construct the canal, but no tangible aid was given.[357] In 1825 the legislature petitioned Congress for a grant of the townships through which the canal would pass. A committee report of March, 1826, which was almost identical with another presented in February, 1825, pointed out that the cost of transporting a ton of merchandise from Philadelphia, New York, or Baltimore was about ninety dollars, and required from twenty to twenty-two days. The probable cost by the proposed canal, the Lakes, and the Erie Canal, from St. Louis to New York was from sixty-three to sixty-five dollars per ton, and the time from twelve to fifteen days. The canal would bind Illinois and Missouri to the North.[358] Congress received a memorial from the legislature on the same subject in January, 1827, requesting the grant of “two entire townships, along the whole course of the canal,” and declaring that markets at New Orleans fluctuated because of speculators, and that grain and goods sent from the West to the Atlantic ports by way of New Orleans was exposed to the [pg 142] dangers of both the southern climate and the sea.[359] A few weeks later the desired grant was made, the state being given one-half of five sections in width on each side of the canal, the United States reserving the alternate sections.[360] The canal commissioners promptly platted the original town of Chicago and sold lots at from twenty to eighty dollars each, but no immediate settlement followed the land sale, and Chicago remained for some years longer an Indian town. The prospect of having a canal doubtless had some influence upon settlement, but at the close of 1830 the actual construction of the canal was still a thing of the future. By the close of 1828, Congress had donated to Illinois, for various purposes, chiefly for schools and internal improvements, 1,346,000 acres.[361]