USA > Illinois > St Clair County > Cahokia > Cahokia records, 1778-1790 > Part 5
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One cause for uneasiness developed very soon among the peo- ple. In the first excitement over their change of allegiance and under the influence of that enthusiasm which was aroused by the talk of liberty and independence by Clark and his soldiers, they had been ready to make many sacrifices for the cause they had espoused. At first they gave freely of their goods, and later sold them to the patriots, who had brought them this "priceless gift", and received in return continental paper money, which they were assured by Clark and his officers was equal in value to the Spanish piastre, or else drafts on the treasury of Virginia or the Virginia agent at New Orleans, Oliver Pollock.3 At the time
1 Kas. Rec., Court Record, fol. 132.
2 The papers in the case are printed in this volume, pp. 13 et seq.
3 Every petition of the French people mentions the fact that they were deceived by the
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the paper money was worth about twelve cents on the dollar, and the French were to learn that many of the drafts were worth- less. The suspicions of the inhabitants were not aroused until early in 1779, while Clark was absent on the Vincennes expedi- tion. Speculation in continental money was very common throughout the East and every advantage of variation in its value was used by the traders. It is not surprising, therefore, that the story of Clark's dealings in the Illinois were soon known by these men, who, tempted by the opportunity of purchasing goods with continentals at their face value, rushed into the region. They reached the French villages in the early spring of 1779, and in their eagerness to make the utmost use of the opportunity, they bid against each other with the result that the confidence of the French was lost and the value of the paper tumbled.1 In speaking of this event, Clark says: "There is one circumstance very distressing, that of our own moneys being discredited, to all intents and purposes, by the great number of traders who come here in my absence, each outbidding the other, giving prices unknown in this country by five hundred per cent, by which the peo- ple conceived it to be of no value, and both French and Spaniards refused to take a farthing of it. Provision is three times the price it was two months past, and to be got by no other means than my own bonds, goods, and force."2 There was another reason for the appreciation of the price of supplies. By the arrival of
Virginians in regard to the value of the paper money. See Cahokian Memorial to De la Balme, printed in this vol., p. 547, also page 6; from the memorial of the people of Kaskaskia to the Virginia commissioners, March 1, 1783, is taken the following passage: "But on ac- count of the honest appearance of General Clark and of his officers and because they assured us that they had orders to draw on M. Oliver Pollock, agent of the state of Virginia at New Orleans, there was no difficulty in obtaining all they needed for a specie in current paper, which was scattered in quantities both on this bank and the Spanish at the value of metalic piastres of Spain and all our supplies have been sold at the same rate and conditions . . . . and since we could not believe that an officer in accordance with his orders would leave us ignorant of the fact that this money was depreciated, we have received it at its intrinsic value." (Menard Col., Tardiveau Papers.) In a memorial to the governor of Virginia the same people said: "The suppliants have furnished all the necessary provisions to the troops at a sufficiently moderate price and have been paid with a paper money and letters of exchange which we were assured were equal in value to the Spanish piastre." (Ibid, memorial dated May 4, 1781.) The people of Vincennes in a petition to the governor of Virginia, June 30, 1781, wrote: "The accredited officers of finance and others have assured us that continental money was of cqual value with coin, and we accepted the same in good faith." (Va. State Papers, ii., 192.)
1 See post, p. 6.
2 Clark to the Governor of Virginia, April 29, 1779, in English, Conquest of the North- west, i., 400.
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the Virginians all open trade with Canada had been stopped and, since that country was one of the chief sources from which the inhabitants drew their goods and to which they sold their furs, commerce became stagnant and commodities scarce.1
The credit of Clark's government was supported at this time by the merchants and traders of Illinois. He says: "Several merchants are now advancing considerable sums of their own property, rather than the service should suffer, by which I am sensible they must lose greatly, unless some method is taken to raise the credit of our coin."2 The merchants who gave this timely aid to the American cause were Daniel Murray, Winston, Janis, the Charlevilles, the Bauvais, Duplasy, and Bienvenu, of Kaskaskia; Barbau of Prairie du Rocher; Godin, Trottier, Girault, LaCroix, Gratiot, and McCarty of Cahokia; LeGras, Huberdeau and Bosseron of Vincennes, and Vigo with possibly others of St. Louis.3 The state of Virginia had undertaken more than she could perform, since her treasury was exhausted and her credit gone, so that Clark never received the financial support that he needed; and he and his officers were in time forced to use that expediency which made the Thirty Years War in Germany so frightful, namely that of compelling the people to support them. This last resort had not become necessary in the spring of 1779, at least it was not officially recognized; for the French were still ready to make herculean sacrifices for the cause which they had accepted and to furnish supplies on the doubtful credit of the state; but the time was fast approaching when they would de- mand a settlement.
1 Va. State Papers, iii., 501.
2 See supra, xlvi., note I.
3 Clark's account against Virginia, in English, Conquest of the Northwest, ii., 1040 et seq. The list of names is not complete since I have been unable to identify several as spelled by Clark and because drafts were drawn by other officers besides Clark and these would not appear in his account. In fact, the list of those who at this time or later furnished supplies on credit is a very long one, including almost every man of property in the Illinois. Gratiot of Cahokia, Cerré of Kaskaskia, and Vigo of St. Louis have always received due credit for the assistance they furnished, but they were no more active than the other members of the French villages. In the end these three never suffered from their efforts at this period as severely as did many others. Richard Winston, who at the time of the coming of Clark was regarded as wealthy, died in poverty; and the Bauvais family was reduced to almost the same extrem- ity. These are only two instances among many.
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While Clark had been regulating the affairs of the Illinois, the news of his great success had been received with rejoicing at Williamsburg, and the government of Virginia began preparing for some more permanent form of civil establishment for her new citizens. The territory north of the Ohio River lies within the region which Virginia claimed as hers under her charter granting the land from sea to sea. According to the Virginia interpreta- tion of that charter, the state was fully within her rights in legis- lating for that territory, to which her troops had just given her . another title.
On the 19th of November, 1778, a committee was appointed by the legislature to draft the requisite bill, which was introduced on the 30th and passed both houses on December 9th.1
The civil establishment thus created for the region was the same in its essential character as that which Virginia had used in her expansion westward, the county government. Kentucky had but a few years before received a similar organization. This new territory, which included all that Clark actually held, stretched from the Ohio to the Illinois River and up the Wabash towards Detroit to an indefinite boundary. Ouiatanon was certainly under the jurisdiction of Virginia, but beyond that post and the Illinois River there is no proof of her exercising jurisdiction. The land lying between this northern boundary and the lakes was disputed territory and was traversed by Virginia and British troops at various times.
The government of the "county of Illinois", as it was called, was temporary in character and was given force at the time of its enactment for only one year and then to the end of the next ses- sion of the legislature. On account of the difference in the popu- lation Virginia law was not fully extended to the new county.2 " On account of the remoteness of the region," so runs the pream- ble of the act, "it may be difficult, if not impracticable, to govern it by the present laws of the commonwealth, until proper infor-
1 The act is reprinted in this volume, p. 9. The history of the act is given in note 1 of the same page.
2 For a discussion of how far the laws of Virginia were extended to the Illinois, see post, p. Ixii.
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mation, by intercourse with their fellow citizens, on the east side of the Ohio, shall have familiarized them to the same, and it is therefore expedient that some form of government adapted to their circumstances should in the meantime be established." The chief executive officer and commander of the militia was the county lieutenant, or commandant. He was empowered to appoint as many deputy commandants, militia officers, and com- missaries as he found necessary. The civil officers were to be the same as the inhabitants were accustomed to, and they were to administer the law which was in force in the region already, that is, the coutume de Paris. Officers, created by the lieutenant, to which the inhabitants were unaccustomed were to be supported by the Virginia treasury, the others by the people. Both mili- tary and civil officers were required to take the oath of office according to the religion to which they were accustomed. The people were given assurance of the free exercise of their religion. The power of the court to be established and of the county lieu- tenant was limited in actions for treason and murder to the same extent as it was in all counties of Virginia.1 In such cases the lieutenant was permitted to stay execution until the opinion of the governor or the assembly had been obtained.
On December 12, 1778, and in accordance with this act, Patrick Henry commissioned John Todd county lieutenant. For such a difficult and important position Todd seemed as good a candi- date as was available. His ancestry was Scotch-Irish, one of his ancestors having fled from Scotland to escape the persecutions of Claverhouse. His grandfather had come to America in the year 1737, when Todd's father was still in his youth, and had settled in Montgomery County, Pennsylvania. From his mother Todd inherited Welsh blood. His education had been exception- ally good. His uncle, also named John Todd, was a well-educated man, having graduated from Princeton in 1749, and was a minis- ter in Louisa County, Virginia, where he kept a classical school. It was at his uncle's school that the future county lieutenant was educated. Afterwards he studied law and practiced a short time.
1 Chitwood, Justice in Colonial Virginia, 82.
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But the attraction of the frontier life was in his blood, as it was in that of so many other young men of his time, and at the outbreak of the Dunmore's War he became aid to General Lewis. In the following year he made his way among the first settlers to Kentucky and was present at the meeting which was held to establish the government of the proprietary colony of Transyl- vania. In 1777 he was elected burgess from the county of Ken- tucky to the general assembly of Virginia. The duties of this office prevented him from taking part in Clark's expedition to the Illinois.1 In appearance Todd was far from imposing. He was only five feet six inches in height, but was reputed the swiftest footman of his day and excelled in all forms of gymnastics. Like Clark and most of the leaders of the western movement he was still a young man, being at the time of his appointment twenty- eight years old. His experience, however, had been on the frontier; he was accustomed to the American type of pioneer, and was personally brave and a good Indian fighter. He united with these qualities a knowledge of law and a culture superior to that of any other man in the West. His education and his character seemed to fit him for the task before him. But the events in the Illinois were already approaching a crisis, brought on by the clash of Anglo-Saxon and Gallic temperament; the unity of feeling and the glow of enthusiasm aroused by the shouts of liberty and the huzzas for the French alliance were already changing, and the French were beginning to count the cost of the transference of their allegiance; criticism, denunciation, and open opposition were ready to break forth. Under such conditions was the experience of twenty-eight years sufficient to enable Todd to master the situation ??
The instructions given him by Governor Henry were wise and suited to the occasion: "Altho Great reliance is placed on your prudence in managing the people you are to reside among, yet consider'g you as unacquainted in some Degree with their Genius,
I The Todd on the expedition was his brother, Levi. English, Conquest of the North- west, ii., 951.
2 For the life of Todd see, Green, Historic Families of Kentucky; Morehead, Settlement of Kentucky, 174; Mason, Chapters from Illinois History, 252.
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usage, and maners, as well as the Geography of the Cuntry I recommend it to you to consult and advise with the most intelligi- ble and upright persons who may fall in your way ... . and I know of no better Gen1 Direction to Give than this, that you Consider yourself at the head of the Civill department. and as Such having the Commd of the militia, who are not to be under the commd of the military, untill ordered out by the civil Authority, and to act in conjunction with them.
"You are on all Accatons to inculcate on the people the value of liberty and the Difference between the State of free Citizens of the Commonwelth and that Slavery to which Ilinois was Des- tined. A free & equal representation may be expected by them in a little Time, together with all the improvmts in Jurisprudence and police which the other parts of the State enjoy.
"The Ditaile of your Duty in the civil Department I need not give you, its best Direction will be found in yr innate love of Justice and Zeal to be intencively usefull to your fellow-men. A general Direction to act according to the best of yr Judgment in cases where these Instructions are Silent and the laws have not Otherwise Directed is given to you from the necessity of the case, for yr Great Distance from Governmt will not permit you to wait for Orders in many Cases of Great Importance."1
Clark received Todd with joy, for they were good friends ; but a greater reason was that he found the task of superintending the civil department and at the same time of making the needed preparations for the contemplated attack on Detroit in the sum- mer too difficult.2 The fussy details of the former were annoying to a mind like Clark's which was only aroused to its best by the excitement of some bold military undertaking.
Todd reached the Illinois in May, 1779. One of his first duties was to organize the militia. There was little to be done, for Clark had maintained the military organization which he found in existence and had confirmed the appointments of the officers already in command. Todd now reconfirmed them under the
1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 289 et seq .; Va. State Papers, i., 312.
2 Clark's Memoir, English, Conquest of the Northwest, i., 449.
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authority conferred on him by the act of the Virginia legislature. As far as the records show neither Clark nor Todd made many changes in the personnel of the militia. Under the British rule the officers had been selected from the most prominent men of the community, and the new government could not afford to alienate them. A few changes were made by one of the Virginians in Kaskaskia, where Richard Winston, an American trader, was made commandant, Nicolas Janis and Joseph Duplasy were retained, and Brazeau was not given a commission.1 There could be no thought of change at Prairie du Rocher, where J. Bte. Barbau had been chief citizen for years .? At St. Philippe a commandant was also appointed, probably Pierre the Sieur de Girardot, who held somewhat the same position in that com- munity as Barbau at Prairie du Rocher.3 At Cahokia Joseph Cesirre, who had been judge and captain of militia for several years, was not commissioned, but this was probably due to his death, which occurred in this year, possibly before Todd's arrival. François Trottier was made commandant of the village and Mi- chel Beaulieu and Pierre Godin called Turanjeau, were com- missioned captains.4 The latter was a new name in such a promi- nent position, but the Godin family was an important one and without doubt the appointment was approved by the people. In Peoria J. Bte. Mailhet was appointed commandant.5
Before issuing the commissions to the militia officers, Todd had given his attention to the establishment of the civil govern-
1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 294; Kas. Rec., various papers.
2 Barban was from New Orleans and was about fifty-seven years old at this time. He was one of the judges of the court of judicature established by Colonel Wilkins in 1768 and from that date is conspicuous in all the affairs of the American Bottom. It will be seen that he was called to an important position later at a critical time. See post, p. . After the United States came into control of the country, he still continued to be a representative citizen and was appointed to many public positions. He died in 1810. Kas. Rec .; Smith, St. Clair Papers, ii., 165. His will is recorded in the probate record of Randolph Co.
3 Girardot was a former French infantry officer, who for some reason chose to remain in the Illinois. He was appointed one of the justices by Colonel Wilkins. I have not been able to find the rest of his name, for he was always called by his title.
4 For these Cahokians see the notes to the census of the village on page 624 et seq .
5 The appointment of a commandant at Peoria and St. Philippe is not mentioned by Todd in his Record-Book, but since we learn that such officers were acting later at these places, they must have been appointed about this time. For an account of Mailhet see p. 231, note 2. In 1790 it was believed that Mailhet was appointed commandant by Clark. Smith, St. Clair Papers, ii., 138.
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ment. He had received very definite instructions on this head in the act creating the county, according to which the magistrates were to be such as the people were accustomed to and were to be elected by popular vote. The problem, however, was not an easy one. Under the French regime the civil magistrate was a judge with sole authority in all judicial and executive matters not belonging to the military department.1 During the British period there had been a feeble attempt, in 1768, to create a court of judicature, but it had failed;2 and since that time the military commandant had been also judge, assisted by justices in each village, whose duties seem to have been to put in execution the decrees of the commandant. Neither of these arrangements was in accord with the democratic ideas of the frontier. There was, however, another model. Since the fall of the previous year, the Illinois villages had been governed by the courts estab- lished by Clark. The justices were elected by popular vote and had given general satisfaction. Todd determined to continue these as fulfilling the requirements of the law. Since Illinois was so large, it was impossible to hold a court at any one of the villages for the whole county. Three districts were, therefore, created : the Kaskaskia district included Prairie du Rocher, Chartres village, and St. Philippe besides Kaskaskia itself; the Cahokia district extended from the village of Prairie du Pont to Peoria on the Illinois River; and the Vincennes district included all the region of the Wabash.3 The court consisted of six justices from the principal village and representatives from the other com- munities of the district. Thus two justices were elected for Prairie du Rocher and one for St. Philippe in the Kaskaskia district; one was added to the Cahokia court for the little vil- lageof Prairie du Pont; and three were elected for the com- munities in the Wabash region outside of Vincennes. 4 These
1 Alvord, Illinois in the Eighteenth Century, 16.
2 Ibid, 21.
3 Todd's speech, quoted on page Ix. gives the boundaries of the Kaskaskia district. The boundaries of the Cahokia district are obtained by the examination of the extent of its juris- diction.
4 Todd says in his speech that six justices are to be elected at Kaskaskia and two others from Prairie du Rocher and St. Philippe. As a matter of fact two were elected
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justices were elected for a year and might become candidates for re-election.1
The election for the new government was held at Kaskaskia, on May 12th, with suitable ceremonies. The people were sum- moned to a general assembly at the church door, where they had been accustomed to meet to transact their business for years. They came in their picturesque holiday apparel, for to them this seemed the day of the fulfilment of all their anticipations. Near by were drawn up the Virginia soldiers of the Illinois bat- talion, and possibly groups of Kaskaskia Indians were on the outskirts of the crowd. The central group was composed of Clark with his officers and Todd with his attendants, and with these stood without doubt Father Gibault.2
The presiding officer of this remarkable assembly was George Rogers Clark. He had prepared an address for the occasion, but since his knowledge of French was limited, it was written and read by his official interpreter, Jean Girault. His address was in part as follows: "From your first declaration of attachment to the American cause up to the time of the glorious capture of post St. Vincent, I had doubted your sincerity ; but in that critical moment I proved your fidelity. I was so touched by the zeal which you have shown that my desire is at present to render you happy and to prove to you the sincere affection that I have for the welfare and advancement of this colony in general and of each individual in particular. The young men of this colony have returned from Post St. Vincent covered with laurels which I hope
from Prairie du Rocher, as the election certificate shows. (Kas. Rec.) The ninth member of the court was the Sieur de Girandot, who was a resident of St. Philippe. (Amer. State Pap., Pub. Lands, ii., 192.) The number six remains throughout the period as the number of justices to be elected at Kaskaskia. See pp. cxvi., cxxxiv. At Cahokia there was always a member of the court who was a resident of Prairie du Pont and the court of Vincennes must have also followed the Kaskaskia model.
1 In Cahokia the election was annual and on account of the completeness of the records it is best to base conclusions about practice on that of the court of that village; but in the certificate of the second election of the two justices of Prairie du Rocher in 1782, it is stated that the time of service of the justices as established by law had passed and so two more justices were elected. This would make the tenure of office three years. (Kas. Rec., Pol. Papers.) No conclusions can be drawn from the elections at Kaskaskia, since they were held so irregularly and the same is true of what little is known of the court at Vincennes. (See post, p. lxxxiv .; Dunn, Indiana, passim.)
2 In all French villages the regular place for holding assemblies was in front of the church. Babeau, Les assemblées generales, 21 et seq. It is possible that the troops and the Indians were not present, but it seems probable that they were.
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they will continue to wear." He then praised those who had remained at home to defend their village, and expressed a hope that they would soon have an opportunity to win similar glory. He told them that they would soon possess the liberty which the Americans enjoyed, and that America would protect them. The government, "has appointed for you a civil lieutenant governor to regulate and settle your affairs. In a short time you will know the American system, which you will, perhaps, think strange in principle, but in the end you will find in it so much peace and tranquillity that you will bless the day that you embraced the cause of the Americans. You should be persuaded that we desire to render you happy and to procure for you all possible succor.
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