USA > Illinois > Cook County > History of Cook County, Illinois : being a general survey of Cook County history, including a condensed history of Chicago and special account of districts outside the city limits : from the earliest settlement to the present time, volume I > Part 4
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"On Monday of last week the Indian annuities were paid. Con- siderable drunkenness among the Indians was observed, but we are informed that this evil was greatly diminished from the last year. A number died while here, and two Indians were killed by being stabbed by others."-(Democrat, November 5, 1834.)
"The agents of the United States are now paying the Indians at this place. The number here has been estimated at from 2,000 to 4,000, and a more motley group eye never beheld. Yesterday they had a dance through some of the principal streets around the star spangled banner. Their clothing is of every color, bright red predominating ; and bedizened with bracelets, ribbons and feathers, they presented a scene in which art and nature were strangely jumbled together. On Monday one was tried by his tribe for the murder of a squaw and sentenced to death. He was shot by the chief a short distance from town"-(Democrat, August 19, 1835).
During the summer of 1835 the Indians were removed in groups to their new homes west of the Mississippi. In September, Col. J. B. F. Russell advertised for forty ox-teams of two yoke each with which to remove the last of them. With these wagons and teams he started about October 1, accompanied by about fifteen hundred Indians-men, women and children-and such baggage and belong- ings as they possessed. Thus the curtain was rung down on the last of the Indians of this county.
It should be noted that the tract six miles square at the mouth of the Chicago river, obtained from the Indians at the treaty of Greenville in 1795, was never surveyed and its boundaries de- fined and marked. The object of the United States for the loca- tion of a fort at the mouth of the river was attained when this cession was secured, and to the future was left its survey if needed. It was not needed, because the treaty of 1816 affirmed the grant of the six-acre tract by including it in a much larger cession.
COOK. COUNTY BEFORE ITS FORMATION-THE NORTHERN BOUNDARY-HURON COUNTY- LAND SURVEYS, ETC.
T HE Colony of Virginia was very active, both before and during the Revolution, in pushing its claims to the West- ern country. The establishment of Fort Pitt was really a movement of the Virginia colony. So was the grant to the Ohio Company of a large tract at or near the present Louis- ville. Kentucky itself was mainly a Virginia settlement. The movement of Capt. James Willing down the Ohio and Mississippi rivers, early in 1778, was primarily in the interest of the Vir- ginia colony. The expedition of George Rogers Clark a few months later had the same origin-was instigated by Virginia in the interest of the colonies generally, and herself in particular. Thus the colony was active in placing wide claims on as much of the Western country as possible, in order to forestall either of the other colonies, particularly Pennsylvania. This design held good during the Revolution, because it was presumed that ownership of the Western country among the colonies themselves, whether they gained their independence or not, would still remain open for settle- ment after the war.
Nothing whatever concerning the boundaries of the thirteen orig- inal colonies was said in the Declaration of Independence. In the Articles of Confederation adopted July 9, 1778, it was provided that "the United States, in Congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states, concerning boundary, jurisdiction, or any other cause whatever." The Con- stitution of the United States adopted September 17, 1787, provided that "the Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States." On October 5, 1778, the Virginia assembly created Illinois county by the following act in part :
"AN ACT FOR ESTABLISHING THE COUNTY OF ILLINOIS AND FOR THE MORE EFFECTUAL PROTECTION AND DEFENSE THEREOF.
"WHEREAS, By a successful expedition carried on by the Virginia militia on the western side of the Ohio river, several of the British posts within the territory of the commonwealth, in the country adjacent to the river Mississippi, have been reduced and the inhab-
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itants have acknowledged themselves citizens thereof and taken the oath of fidelity to the same; and the good faith and safety of the commonwealth require that the said citizens should be supported and protected by speedy and effectual reinforcements, which will be the best means of preventing the inroads and depredations of the Indians upon the inhabitants to the westward of the Allegheny mountains ; and,
"WHEREAS, From their remote situation it may at this time be difficult, if not impracticable, to govern them by the present laws of this commonwealth until proper information, by intercourse with their fellow citizens on the west side of the Ohio, shall have familiar- ized them to the same, and it is therefore expedient that some tem- porary form of government, adapted to their circumstances, should in the meantime be established ; therefore,
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"Be it enacted by the General Assembly, That all the citizens of this commonwealth who are already settled, or shall hereafter settle, on the western side of the Ohio aforesaid, shall be included in a distinct county, which shall be called Illinois county ; and that the Governor of this commonwealth, with the advice of the Coun- cil, may appoint a county lieutenant or commandant in chief in that county, during pleasure, who shall appoint and commission so many deputy commandants, militia officers and commissaries, as he shall think proper in the different districts, during pleasure, all of whom, before they enter into office, shall take the oath of fidelity to this commonwealth and the oath of office according to the form of their own religion, which the inhabitants shall fully and to all intents and purposes enjoy, together with all their civil rights and property."-(October, 1778, 3rd of Commonwealth, Chapter XXI, page 552, Vol. 9, Henning's Statutes at Large.)
The act continued and made full provision for the care of the people, as well as the wilderness and remoteness of the county permitted. Civil officers were to be chosen by a majority of the people, and the militia was to be organized. Col. John Todd was, by act of the Assembly of Virginia, on December 12, 1778, appointed county lieutenant or commandant of Illinois county. The county of Illinois was created as soon as practicable after it was learned that Col. George Rogers Clark had captured the ,Illinois country. Colonel Todd was thus instructed by Gov. Patrick Henry of Virginia-"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."
The county organization in Virginia was in imitation of the English shire system-in reality a sort of microcosm of the state. The chief officer was the county lieutenant, who was first denomi- nated "commander of plantations" with authority over certain territory. In England this office was usually occupied by a knight
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and hence in Virginia "gentlemen" were usually found in such positions. His powers were more executive than judicial and he was held responsible for the faithful administration of county affairs. He was at the head of the militia and could order them out.
Congress by act of September 6, 1780, recommended that states having claims to "waste and unappropriated lands in the western country" should cede to the United States for the common benefit . of the Union a liberal portion of such claims. In response to this recommendation the state of Virginia did on January 2, 1781, pass an act to surrender all its right, title and claim to the territory northwest of the river Ohio, subject to conditions as follows : 1 .- That the territory so ceded should be laid out into inde- pendent states. 2 .- That Virginia should be reimbursed for redu- cing the British posts at the Kaskaskias and St. Vincents (Vin- cennes) and for her subsequent expense in maintaining the garrisons and supporting the civil government there, etc. 3 .- That the French and Canadians there should be secured in their possessions. 4 .- That as George Rogers Clark, who had been sent out by Vir- ginia and had conquered the western country, had been promised a gratuity of land, he and his soldiers should be given a grant in said territory of 150,000 acres. 5 .- That certain other military claims should be settled by the retention on the part of Virginia of other tracts of land northwest of the Ohio. 6 .- That the remainder of said territory should be devoted to a common fund for all the states alike. 7 .- That private claims of individuals based on Indian grants to any part of said territory should be void. 8 .- That all the remaining territory of Virginia should be guar- anteed to that state by the United States.
New Jersey contended that the demands of Virginia concerning the western or "crown lands" were "partial, unjust and illiberal." This state took the position that it was understood at the outset by the thirteen states that each of them was to have its "just and uncontrovertible claim to its full proportion of all vacant territory." The New Jersey Legislature further said June 14, 1784: "It is particularly disagreeable to have occasion to trouble Congress with so many applications on this head, but the importance of the sub- ject, the danger of so much property being unjustly wrested from us, together with its being our indispensable duty, in justification and defense of the rights of the people we represent, must be our apology ; we cannot be silent while viewing one state aggrandizing herself by the unjust detention of that property which has been procured by the common blood and treasure of the whole and which on every principle of reason and justice is vested in Congress for the use and general benefit of the Union they represent. They do therefore express their dissatisfaction with the cession of western territory made by the state of Virginia in January, 1781, as being
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far short of affording that justice which is equally due to the United States at large, and request that Congress will not accept of said cession, but that they will press upon the said state to make a more liberal surrender of that territory of which they claim so boundless a proportion."
"It is idle to talk of the conquest as being purely a Virginia affair. It was conquered by Clark, a Virginian, with some scant help from Virginia, but it was retained only owing to the power of the United States. . . Had Virginia alone been in interest Great Britain would not have even paid her claims the compliment of listening to them. . . The revolutionary war was emphatic- ally fought by Americans for America. No part could have been won without the help of the whole, and every victory was thus a victroy for all in which all can take pride."-(Winning of the West .- Roosevelt.)
It was shown by William L. May in Congress in 1834-5 that the westward claim of Virginia did not extend as far north as the southernmost bend of Lake Michigan; the grant of that colony extended two hundred miles north and two hundred miles south of Point Comfort. New York, Connecticut, Massachusetts and Virginia laid claim to territory northwest of the river Ohio.
Congress earnestly recommended to the states of Massachusetts and Connecticut that they do without delay release to the United States in Congress assembled all claims and pretensions of claims to the said western territory without any conditions or restrictions whatever, and declared that the United States could not consistently "accept the cession proposed to be made by the state of Virginia or guarantee the tract of country claimed by them in their act of cession," for the following reasons: 1 .- It appeared to your com- mittee from the vouchers laid before them that all the lands ceded or pretended to be ceded to the United States by the state of Vir- ginia are within the claims of the states of Massachusetts, Connecti- cut and New York, being part of the lands belonging to the said Six Nations of Indians and their tributaries. 2 .- It appeared that a great part of the lands claimed by the state of Virginia and requested to be guaranteed to them by Congress is also within the claim of the state of New York, being also part of the country of the said Six Nations and their tributaries. 3 .- It also appeared that a large part of the lands last aforesaid are to the westward of the west boundary of the late colony of Virginia as established by the King of Great Britain in Council previous to the present Revolution. 4 .- It appeared that a large tract of said lands hath been legally and equitably sold and conveyed away under the Gov- ernment of Great Britain before the declaration of independence by persons claiming the absolute property thereof. 5 .- It appeared that in the year 1763 a very large part thereof was separated and appointed for a distinct government and colony by the King of
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Great Britain with the knowledge and approbation of the gov- ernment of Virginia. 6 .- The conditions annexed to the said ces- sion are incompatible with the honor, interests and peace of the United States and therefore in the opinion of your committee alto- gether inadmissible; therefore,
"Resolved, That it be earnestly recommended to the state of Virginia, as they value the peace, welfare and increase of the United States, that they reconsider their said act of cession and by a proper act for the purpose cede to the United States all claims and pretensions to the lands and country beyond a reasonable western boundary consistent with their former acts while a colony under the power of Great Britain and agreeable to their just rights of soil and jurisdiction at the commencement of the present war, and that free from any conditions and restrictions whatever."
Thus in the end Congress agreed substantially to grant the above demands of Virginia from Number 1 to Number 6 inclusive, rejected Number 7 as unnecessary in view of the acceptance of Number 6, and refused to grant Number 8. The Congressional records show that the members of Congress generally took the same view of the Virginia claims that New Jersey did. The debate on the subject was sharp and epigrammatic, each state making such claims exhibiting decided jealousy of its rights ; but finally a diplo- matic or conciliatory course was pursued, and Virginia and the other states having claims to distant western territory were requested in the interests of the inhabitants of all the thirteen states to cede such claims without reservation to the general gov- ernment for the use of all. While placing this finality in the form of a request, Congress did not surrender the right of the govern- ment to demand for the use of all the people the possession of all territory wrested from Great Britain by the united efforts of the thirteen states. The opinion prevailed that the territory acquired outside of the reasonable boundaries of the thirteen states had been obtained by the joint efforts of all and should be disposed of for the common benefit under the direction of the government. This conclusion was one of the most notable of the early surrenders of the doctrine of states rights. Virginia assented to the request of Congress by Act of Dec. 20, 1783.
It was proposed in Congress on July 7, 1786, that the territory northwest of the river Ohio should be divided into five states- three between the Ohio and Mississippi rivers, separated by lines north and south through the mouths of the Wabash and Big Miami rivers and south of a due east and west line extending from the Ohio to the Mississippi rivers and passing through the most south- erly point of Lake Michigan. The fourth state was to be between Lakes Huron and Michigan, and the fifth between Lake Michigan and the Mississippi river.
The ordinance of 1787, passed by Congress July. 13, 1787, pro-
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vided that, "It is further understood and declared that the boun- daries of these three states shall be subject so far to be altered that if Congress shall hereafter find it expedient they shall have authority to form one or two states in that part of said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan."
The Ordinance of 1787 further provided that the Territory of the United States northwest of the river Ohio should for pur- poses of temporary government be constituted one district, subject later to be divided into two districts; that there should be a gov- ernor who should be commander-in-chief of the militia, a secretary, a court of three judges, a legislative council and a house of repre- sentatives.
On June 20, 1790, Knox county was created with the following boundaries : "Beginning at the standing stone forks of the Great Miami river and down the said river to the confluence with the Ohio river; thence with the Ohio river to the small stream or rivu- let above Fort Massac; thence with the eastern line of St. Clair county to the mouth of the Little Michillimackinac; thence up the Illinois river to the forks or confluence of the Theokiki (Kanka- kee), and Chicago (Desplaines), thence by a line to be drawn due north to the boundary of the territory of the United States, and so far easterly upon said boundary line as that a due south line may be drawn to the place of beginning."-(St. Clair Papers, Vol. II.). Knox county thus embraced the present Cook county.
By act of May 7, 1800, Congress divided the Northwest territory into two separate governments-all west of a line drawn from the mouth of Kentucky river to Fort Recovery and thence due north to the Canadian line to be called Indiana territory. This included Cook county. The same government was prepared for this terri- tory as had been prepared for the Northwest territory in 1787. Saint Vincennes was made the seat of government.
By proclamation of the Governor, February 3, 1801, what is now Cook county was embraced within the new limits of St. Clair county, the following being the language: "The county of St. Clair shall be bounded on the south by the before-mentioned east and west line running from the Mississippi through the Sink Hole Springs to the intersection of the north line running from the Great Cave aforesaid; thence from the said point of intersection by a direct line to the mouth of the Great Kennoumic (Calumet) river, falling into the southerly bend of Lake Michigan; thence by a direct northeast line to the division line between the Indiana and North- western territories; thence along the said line to the territorial boundary of the United States and along the said boundary line to the intersection thereof with the Mississippi and down the Mis- sissippi to the place of beginning."-(Executive Journal, Indiana Territory, Vol. III., page 982.)
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Previous to the formation of the State of Indiana, Congress had carefully observed the provisions of the Ordinance of 1787. When that State was admitted, Congress disregarded and extended the northern and western boundaries of the state, the former ten miles north of the east and west line through the southerly bend of Lake Michigan. "The State of Illinois subsequently assented for a valuable consideration to this deviation of Congress from the Ordi- nance so far as related to the western boundary of Indiana in which alone was she interested."-(Senate Documents, 1st Session, XXIV Congress, Vol. III.)
The people of the counties of Randolph and St. Clair, in Indiana Territory (which included Cook county), petitioned Congress in February, 1808, that they were called upon to suffer great hard- ships by the failure to divide the said territory into the two states provided for in the Ordinance of 1787. They recited that "among the disadvantages they state that the inhabitants of their two large and populous counties are subject to be called from one hundred and eighty to one hundred and fifty miles through a wilderness (which for want of wood and living water must long remain dreary and difficult to pass through) to attend as suitors, witnesses, etc., at the general court, which is held at Vincennes, has cognizance of every matter in controversy exceeding the value of fifty dollars." The House Committee of Congress, to whom was referred this peti- tion, reported that it was then inexpedient to grant the prayer of the petitioners.
The question of dividing Indiana Territory as proposed in the aforesaid petition, was again considered by Congress in December, 1808. The committee of the House decided "that as the majority of the citizens desired the separation it was deemed advisable to grant the same, and that therefore the following resolution should be adopted": "Resolved, That it is expedient to divide the Indiana Territory and to establish a separate territorial government west of the river Wabash agreeably to the Ordinance for the govern- ment of the Territory of the United States Northwest of the river Ohio passed on the 13th day of July, 1787."
The Act of February 3, 1809, divided Indiana Territory into two distinct governments. The Illinois name was revived, as it was dear to the hearts of the people. "Illinois country" had been its name since the first French invasion. It was formed of all that part of Indiana Territory lying west of the Wabash river and a line drawn from the said river and Post Vincennes due north to the territorial line between the United States and Canada. Illinois state, admitted April 18, 1818, was bounded as follows: East, by the Wabash river and the north line from Vincennes to the north- west corner of Indiana, thence east with the north boundary of Indiana to the middle of Lake Michigan, thence north along the middle of Lake Michigan to North latitude 42 degrees and 30
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minutes, thence west to the middle of the Mississippi river, thence down the same to the mouth of the Ohio, thence up the latter to the mouth of the Wabash. The population in 1800 was 215, in 1810, was 12,282, and in 1820, was 55,211.
On April 28, 1809, Nathaniel Pope, territorial Secretary and acting Governor, created by proclamation St. Clair county, with the following boundary: "All that part of Illinois Territory which lies north of the line dividing the counties of Randolph and St. Clair as it existed under the government of Indiana Territory." On the last day of February, 1809, Cook county was embraced within the limits of the New St. Clair county.
On September 14, 1812, Madison county was created as fol- lows: "Beginning on the Mississippi river to run with the second township line above Cahokia east until it strikes the dividing line between Illinois and Indiana Territories; thence with said dividing line to the line of Upper Canada; thence with said line to the Miss- issippi; thence down the Mississippi to the beginning." This description embraced the present Cook county. "I do appoint the house of Thomas Kirkpatrick to be the seat of Justice of said county (Proclamation of Gov. Ninian Edwards, Kaskaskia, Sep- tember 14, 1812).
By Act of November 24, 1814, Cook county was included in the new county of Edwards, as follows: "Beginning at the mouth of Bonipart (Bon Pas) creek, on the Big Wabash, and running thence due west to the meridian line which runs due north from the mouth of the Ohio river; thence with said meridian line and due north until it strikes the line of Upper Canada; thence with the line of Upper Canada to the line that separates this territory from the Indiana territory; and thence with said dividing line to the beginning, shall constitute a separate county to be called Edwards."
Cook county was included in Crawford county by the following Act, approved December 31, 1816: "Beginning at the mouth of the Embarras and running with said river to the intersection of the line dividing Townships Nos. 3 and 4 north, Range 11 west, of the Second principal meridian; thence west with said township line to the meridian and due north until it strikes the line of Upper Canada; thence to the line that separates this territory from the State of Indiana; thence south with said dividing line to the begin- ning, shall constitute a separate county to be called Crawford."
The Act approved March 22, 1819, creating Clark county, em- braced what is now Cook county, as follows: "All that part of Crawford county lying north of a line beginning on the Great Wabash river, dividing Townships 8 and 9 north, running due west, shall form a new and separate county to be called Clark."
Pike county was created January 31, 1821, with the following boundary : "Up the middle of the Illinois river from its mouth to the fork and up the south fork (Kankakee) to the Indiana state
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