Part 2 (1/2)
Louis wrote to the French at Kaskaskia, Cahokia, and Vincennes, respectively, inviting them to settle west of the Mississippi and offering free lands.(109) Mr. Tardiveau, the agent for the Illinois settlers to Congress, tried to induce Congress to repeal the anti-slavery clause of the Ordinance. He said that it threatened to be the ruin of Illinois.
Designing persons had told the French that the moment Gen. St. Clair arrived all their slaves would be free. Failing in his efforts to secure a repeal, he wrote to Gen. St. Clair, asking him to secure from Congress a resolution giving the true intent of the act.(110) In this letter, Tardiveau advanced the doctrine, later so much used, that the evils of slavery would be mitigated by its diffusion.(111) The first panic of the French only gradually subsided and the question of slavery was a persistent one.
One of the most industrious of those interested in the sale of Spanish lands was George Morgan, of New Jersey.(112) In 1788, he tried to secure land in Illinois also. He and his a.s.sociates pet.i.tioned Congress to sell them a tract of land on the Mississippi. A congressional committee found upon investigation that the proposed purchase comprised all of the French settlements in Illinois.(113) Thereupon was pa.s.sed the Act of June 20, 1788. According to its provisions, the French inhabitants of Illinois were to be confirmed in their possessions and each family which was living in the district before the year 1783 was to be given a bounty of four hundred acres. These bounty-lands were to be laid off in three parallelograms, at Kaskaskia, Prairie du Rocher, and Cahokia, respectively. They were to be bounded on the east by the ridge of rocks-a natural formation trending from north to south, a short distance to the east of the French settlements. Morgan was to be sold a large described tract for not less than sixty-six and two-thirds cents per acre. Indian t.i.tles were to be extinguished if necessary.(114)
The Act of June 20, 1788, is an important landmark in the settlement of Illinois. The grant of bounty-lands was made for the purpose of giving the French settlers a means of support when the fur-trade and hunting should have become unprofitable from the advance of American settlement. This was a clear acknowledgment that the Indians were right in believing, as they did, that the American settlement would be fatal to Indian hunting-grounds. The Indians were soon bitterly hostile. Then, too, the claims of the settlers to land, founded upon French, British, or Virginia grants, were to be investigated. This investigation dragged on year after year, even for decades, and as it was the policy of the United States not to sell public land in Illinois until these claims were settled, the country became a great squatters'(115) camp. The length of the investigation was doubtless due in part to the utter carelessness of the French in giving and in keeping their evidences of t.i.tle.
By a congressional resolution of August 28, 1788, it was provided that the lands donated to Illinois settlers should be located east, instead of west, of the ridge of rocks. As this would throw the land too far from the settlements to be available, pet.i.tions followed for the restoration of the provisions of June 20, and in 1791 the original location was decreed. By a resolution of August 29, 1788, the governor of the Northwest Territory was ordered to carry out the provisions of the acts of June 20 and August 28, 1788, respectively.(116)
The beginning of operations, in accordance with the acts just cited, was delayed by the fact that the governor and judges, appointed under the Ordinance of 1787, and who alone could inst.i.tute government under it, did not reach the Illinois country until 1790. In the meantime, anarchy continued. Contemporary accounts give a good idea of the attempts at government during the time, and the fact of their great interest, combined with the fact that most of them are yet unpublished, seems to warrant treatment of the subject at some length.
The court at Kaskaskia met more than a score of times during 1787 and 1788. Its record consists in large part of mere meetings and adjournments.
All members of the court were French, while litigants and the single jury recorded were Americans. Jurors from Bellefontaine received forty-five livres each, and those from Prairie du Rocher, twenty-five livres each.
This court seems to have been utterly worthless.(117) At Vincennes, matters were at least as bad. ”It was the most unjust court that could have been invented. If anybody called for a court, the president had 20 livers in peltry; 14 magistrates, each 10 livers; for a room, 10 livers; other small expenses, 10 livers; total in peltry, 180 livers-which is 360 in money. So that a man who had twenty or thirty dollars due, was obliged to pay, if he wanted a court, 180 livers in peltry: This court also never granted an execution, but only took care to have the fees of the court paid. The government of this country has been in the Le Gras and Gamelin family for a long time, to the great dissatisfaction of the people, who presented me a Pet.i.tion some days ago, wherein they complained of the injustice of their court-in consequence of which, I have dissolved the old court, ordered new magistrates to be elected, and established new regulations for them to go by.”(118) Upon the dissolution of the court, Maj. Hamtramck issued the following:
”REGULATIONS FOR THE COURT OF POST VINCENNES.
”In consequence of a Pet.i.tion presented to me by the people of Post Vincennes, wherein they complain of the great expence to which each individual is exposed in the recovery of his property by the present court, and as they express a wish to have another mode established for the administration of justice-I do, therefore, by these presents, dissolve the said court, and direct that five magistrates be elected by the suffrages of the people who, when chosen, will meet and settle their seniority.
”One magistrate will have power to try causes, not exceeding fifty livers in peltry. Two magistrates will determine all causes not exceeding one hundred livers in peltry,-from their decision any person aggrieved may (on paying the cost of the suit) appeal to the District Court, which will consist of three magistrates; the senior one will preside. They will meet the third Tuesday in every month and set two days, unless the business before them be completed within that time. All causes in this court shall be determined by a jury of twelve inhabitants. Any person summoned by the sheriff as a juryman who refuses or neglects to attend, shall be fined the price of a day's labour. In case of indisposition, he will, previous to the sitting of the court, inform the clerk, Mr. Antoine Gamelin, who will order such vacancies to be filled.
”The fees of the court shall be as follows: A magistrate, for every cause of fifty livers or upwards in peltry, shall receive one pistole in peltry, and in proportion for a lesser sum. The sheriff for serving a writ or a warrant shall receive three livers in peltry; for levying an execution, 5 per cent, including the fees of the clerk of the court.
”The clerk for issuing a writ shall receive three livers in peltry, and all other fees as heretofore. The jury being an office which will be reciprocal, are not to receive pay. All expenses of the court are to be paid by the person that is cast. This last part may appear to you to be an extraordinary charge-but my reason for mentioning it is, that formerly the court made the one who was most able pay the fees of the court, whether he lost or no.
”The magistrates, before they enter into the execution of their office, will take the following oath before the commandant: I, A., do swear that I will administer justice impartially, and to the best of my knowledge and understanding, so help me G.o.d.
”Given under my hand this 5th day of April, 1788.”
(Signed) J. F. HAMTRAMCK, Majr. Comd'g.(119)
A little later, Hamtramck wrote: ”Our new government has taken place; five magistrates have been elected by the suffrage of the people, but not one of the Ottoman families remains in. One Mr. Miliet, Mr. Henry, Mr.
Bagargon, Capt. Johnson, and Capt. Dalton, have been elected. You will be surprised to see Dalton in office; but I found that he had too many friends to refuse him. I keep a watch-side eye over him, and find that he conducts himself with great propriety.”(120)
The relief afforded by the new court was not complete, for soon came the report: ”The people are very impatient to see Gen. St. Clair or some of the judges; in fact, they are very much wanted.”(121) The term of the members of the court expired in April, 1789, and no new members were elected, because the early arrival of Gen. St. Clair was expected.(122) An interregnum occurred, and in November, 1789, Hamtramck wrote to Harmar: ”It is high time that government should take place in this country, and if it should happen that the Governor was not to come, nor any of the Judges, I would beg (for the sake of the people) that his Excellency would give me certain powers to create magistrates, a Sheriff and other officers, for the purpose of establis.h.i.+ng Courts of Justice-for, at present, there are none, owing to the daily expectation of the arrival of the Governor. Those that had been appointed by the people last year, their authority has been refused in the courts of Kentucky, they declaring that by the resolve of Congress, neither the people of Post Vincennes, or the commanding officer, had a right to appoint magistrates; that the power was vested in the Governor only, and that it was an usurped authority. You see, Sir, how much to the prejudice of the people their present situation is, and how necessary it is that some steps should be taken to relieve them.
”The powers of the magistrates may be circ.u.mscribed as his Excellency may think proper, but the necessity of having such characters will appear when I a.s.sure you that at present no person here, can administer an oath which will be considered legal in the courts of Kentucky-and for the reasons above mentioned.”(123)
At last, on June 19, 1790, the judges for the Northwest Territory arrived at Vincennes.(124)
The situation at Kaskaskia was even worse than that at Vincennes, because Vincennes had a garrison. To understand the complaints of the time, it is necessary to notice the relations with Spain. On the first day of 1788, Hamtramck wrote: ”The Spanish commanding officers of the different posts on the Mississippi are encouraging settlers by giving them lands gratis. A village by the name of Zewapetas, which is about thirty miles above the mouth of the Ohio, and which was begun last summer, consists now of thirty or fifty families.”(125) In the following October, Morgan made flattering offers to persons who would settle at New Madrid.(126) At the same time, the Mississippi was closed to Americans. Joseph St. Marie, of Vincennes, sent his clerk with a load of peltry to be traded to the Indians on the banks of the Mississippi. His goods were seized and confiscated by the Spanish commander at the Arkansas Post. The commander said that his orders were to seize all goods of Americans, found in the Mississippi below the mouth of the Ohio. Upon appeal to Gov. Miro, of Louisiana, the governor said that the court of Spain had given orders to send offending traders prisoners to the mines of Brazil.(127)
The combination of inducements to such as would become Spanish subjects and of severity to such as would not do so, secured Spain some settlers.
Hamtramck said: ”I am fearful that the Governor will not find many people in the Illinois, as they are daily going on the Spanish side. I believe that all our Americans of Post Vincennes will go to Morgan-a number of them are already gone to see him. I am told that Mr. Morgan has taken unwarrantable measures to invite the people of Illinois to come to him, saying that the Governor never would come in that country, and that their negroes were all free the moment the government should be established-for which all the remaining good inhabitants propose to go to him. I can not give you this for certain; I will know better in a short time, and inform you.”(128) ”I have the honor to enclose you Mr. Morgan's letter _at his request_, and one for you. You will see in Mr. Morgan's that a post will be established opposite the Ohio; and if what Mr. Morgan says is true (which I doubt not), respecting the inhabitants of the Illinois, the Governor will have no occasion to go there. Will you be so good as to inform me if Congress have changed their resolution respecting the freedom of the negroes of this country; and if they are free from the day of the resolve, or if from the day it is published in a district.”(129) A few weeks later, Harmar wrote to St. Clair: ”The emigration continues, it possible, more rapid than ever; within these twenty days, not less than one hundred souls have pa.s.sed [Fort Harmar, at Falls of Ohio] daily: the people are all taken up with Col. Morgan's New Madrid.... The generality of the inhabitants of Kaskaskias, and a number of those at Post Vincennes, I am informed, have quit those villages, and gone over to the Spanish side. The arrival of your Excellency amongst them, I believe is anxiously expected.”(130)
The Indians were very hostile, and it is noteworthy that by the middle of 1789, the comparative immunity of the French from attack had ceased. Only negroes were safe, and they, probably, because they sold well.(131) Civil government was at low ebb in the Kaskaskia region. By January, 1789, the court at Kaskaskia had dissolved.(132)