USA > Illinois > Jersey County > History of Jersey County, Illinois > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64
RECAPTURE OF VINCENNES
It was the rainy season, streams were all at flood, water was every- where, ice cold. With no boats with which to cross the stream, the men were compelled to wade or swim across. This was one of the most exhausting, perilous marches ever before attempted by man, and it took all of Clark's resources and persuasive skill and ingenuity to prevent his men from abandoning him and returning home. They finally reached the east bank of the Wabash, but Captain Rogers had not arrived, and there was no word received from him. Clark determined to proceed at once to the attack without waiting for the boats, as he regarded secrecy as one of the best aids to securing his success. Without going into all the details, it is sufficient to say that he captured the fort and Colonel Hamilton without the loss of a man, and learning that a force was coming from Detroit with supplies for the fort, he sent a force to intercept them. This force from Detroit was captured but parolled, and the supplies, $50,000.00 in value, were brought in. Hamilton was
60
HISTORY OF JERSEY COUNTY
sent to Virginia where he was imprisoned for his barbarities in paying rewards for the scalps of American prisoners, on account of which practice he was called the "hair buyer." Finally, through the inter- cession of Thomas Jefferson, the matter was referred to General Wash- ington, who decided that under Colonel Clark's parole he should have his freedom and so Hamilton was discharged, but he no longer was a factor against the Americans in the Illinois country.
COUNTY OF ILLINOIS
Colonel Clark placed Captain Helm again in command of Vincennes and after settling matters there returned by boats to Kaskaskia. All of the northwestern territory was included in the County of Illinois, and attached to Virginia, as had been previously done with Kentucky, and December 12, 1778, John Todd of that country was appointed lieu- tenant commander of the Illinois County. In a letter to Clark, Jef- ferson said: "Much solicitude will be felt for the result of your expedition to the Wabash; if successful, it will have an important bear- ing in determining our northwestern boundary."
Colonel John Todd arrived at Kaskaskia in the spring following his appointment, and on June 15, 1780, issued a proclamation to the people, notifying them of his appointment, and intentions in regard to a civil government, requesting all of the residents to yield their allegiance thereto. After consultation with Colonel Clark, an old friend of Todd's, a meeting was called of the people, in front of the church, where their meetings were usually held, and upon addresses by both Clark and Todd being made, justices were elected for the two districts of Kaskaskia and Cahokia, with representatives from the other settlements who were given jurisdiction over all matters civil and criminal. Leading men in whom the people had confidence, mostly Frenchmen, were elected, and Todd issued commissions to them. Richard Watson was appointed sheriff, and Jean Girault state's attorney. These courts being now com- pletely organized, held their first session about June 19. Todd soon thereafter returned to Kentucky, and never came back to Illinois. He was killed at the battle of Blue Lick, Ky., August 18, 1782.
DISSATISFACTION
Through the depreciation of the script received by Colonel Clark from Governor Henry of Virginia, to pay and supply his soldiers, their
2.12 € Cadwallader
61
HISTORY OF JERSEY COUNTY
discontent, the complaints of settlers, the scheme of land grabbers, forgery of titles and transfers of land claims, the assumption of power by the courts to grant and confirm land grants and titles, Indian troubles, the machination of politicians and intriguers, and the general disposition of men to settle thicir difficulties regardless of courts, created a situation which, for the next ten or twelve years, amounted to little less than chaos, through which it seems almost miraculous the govern- ment should have survived. Nothing save the infinite patience, diplomacy and absolutely fair dealing of Colonel Clark accomplished this result.
SECURING TITLE TO NORTHWEST TERRITORY
The Articles of Confederation of the Colonies, under the name of the United States of America, was ratified by Congress in its session at Philadelphia, July 9, 1778. The treaty of peace between Great Britain and the United States was signed at Paris, September 23, 1783, and ratified by Congress, January 4, 1784, in which the former ceded all rights to Vermont and the Northwestern Territory to the United States. Besides Virginia, the colonies of Massachusetts, Connecticut, New York, Maryland and the Carolinas claimed rights to this territory, and in order to settle these controversies, and at the suggestion of Congress, by Act of the Virginia Legislature, December 30, 1783, Thomas Jeffer- son, George Wythe, George Mason and James Monroe were appointed by Virginia as commissioners to convey by deed all of the rights of Virginia in this territory to the United States, in which act it was provided that the latter should reimburse the former for all of its expenses incurred in its conquest and occupancy, and recognize all grants to settlers and their religious freedom. This deed was executed March 1, 1784. The other colonies also relinquished their claims to the United States.
A DEFEATED PROJECT
An attempt was then made to organize all of this western country into seventeen states, twelve of which should have as their western front the Mississippi River, their eastern, a line running north and south crossing the Ohio River at the falls at Louisville, and the other states being between this line and the original colonies, with the proviso pro- hibiting slavery in all of the proposed states written therein by Jef- ferson, following the sentiment expressed by him in the Declaration
62
HISTORY OF JERSEY COUNTY
of Independence: "that all men are created equal; that they are en- dowed by their creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness."
This plan failing to receive the endorsement of all of the original colonies, it was abandoned.
GOVERNMENT OF THE NORTHWEST TERRITORY
On July 13, 1787, the ordinance for the government of the Northwest Territory was adopted by Congress. Slavery was prohibited, and the capital was established at Marietta. Gen. Arthur St. Clair was ap- pointed governor, and Samuel H. Parsons, James M. Varnum and John C. Symmes, judges. In the summer of 1788 they met at the capital, and adopted a code of laws for the whole territory, which included Illinois.
CHAPTER VII
DEVELOPMENT OF ILLINOIS
ST. CLAIR COUNTY-RANDOLPH COUNTY-TERRITORY OF INDIANA-TERRITORY OF ILLINOIS -- LOUISIANA PURCHASE-AARON BURR CONSPIRACY-TRIAL OF BURR-GOVERNMENT OF TERRITORY-FIRST TERRITORIAL LEGISLATURE -OTHER NEW COUNTIES-SUBSEQUENT TERRITORIAL LEGISLATURES- BOUNDS OF MADISON COUNTY.
ST. CLAIR COUNTY
Governor St. Clair and his secretary Winthrop Sargent, first ar- rived at Kaskaskia in February, 1790, and organized the County of St. Clair, which included all of the state as far north as the mouth of the Little Mackinaw Creek on the Illinois River, and including all of the then inhabited portion of the state. John Edgar of Kaskaskia, John Baptiste Baubean of Prairie Du Rocher, and John D. Moulin of Cahokia, were appointed as judges, each to hold court in the district of his resi- dence. William St. Clair, a brother of the governor, was appointed clerk, and recorder of deeds; William Biggs, sheriff, and the county seat was located at Cahokia.
RANDOLPH COUNTY
In 1795, Governor St. Clair divided St. Clair County on a line run- ning from the Mississippi River through New Design Settlement east to the Wabash River, and named all of the state south of that line Randolph in honor of Governor Randolph of Virginia. On December 3, 1798, Shadrach Bond was elected a delegate to the territorial legislature which met at Cincinnati, Ohio, January 22, 1799. On May 7, 1800, by Act of Congress, Ohio was made a territory, and the remainder of Northwestern Territory was made the territory of Indiana, with Vin- cennes as the capital. William Henry Harrison, then a delegate from
63
64
HISTORY OF JERSEY COUNTY
Northwestern Territory, was made governor; John Gibson, secretary ; and William Clark, John Griffin and Henry Vanderburgh, judges.
TERRITORY OF INDIANA
In January, 1801, a session of these officers was held at the seat of government, some laws were adopted, one appointing justices of the peace for the counties of St. Clair and Randolph, and on March 3, a term of the general court for the whole territory was opened by the three judges. This terminated the domination of Illinois until the pas- sage of Act of Congress of February 3, 1809, establishing Illinois Ter- ritory, which also included Wisconsin, making Kaskaskia the capital.
TERRITORY OF ILLINOIS
John Boyle was appointed governor of the new territory, but he declined to serve, and upon the recommendation of Henry Clay, Ninian Edwards, chief justice of the Court of Appeals of Kentucky, was ap- pointed to the office. Nathaniel Pope was made secretary, and Jesse B. Thomas, Alexander Stuart and William Sprigg were made judges, on June 16, 1809. These officers, with the exception of Thomas, who was a delegate in Congress, convened at Kaskaskia, and enacted such laws of Indiana and from other states as they deemed applicable. Thus was the civil government of the territory of Illinois put in operation. St. Clair and Randolph were recognized as the two counties of the new territory. The population was estimated at 9,000, and settlements ex- tended as far north in the American bottom as Woodriver and in other directions. There were 168 slaves in the territory.
LOUISIANA PURCHASE
An event of the most vital importance to Illinois, was the purchase of Louisiana by President Jefferson from France, in 1803, for $15,000,- 000.00. The French had laid an embargo on all business from Kaskaskia and other points on the Mississippi River to New Orleans, thus prac- tically paralyzing all of their trade and commerce. Jefferson, who had taken the most intense interest in this Northwestern Territory, realized that there could be no progress made in developing this territory so long as New Orleans and Louisiana were held by an alien enemy. The only other outlet was the St. Lawrence River, which was held by Eng-
65
HISTORY OF JERSEY COUNTY
land, and with the mouth of the Mississippi River in the hands of France, the whole Mississippi Valley was closed up and practically use- less. Hence, the vast importance of this purchase to Illinois, as well as to all the rest of this valley and its subsequent development and future prosperity.
AARON BURR CONSPIRACY
Following the completion of the terms of the Louisiana Purchase, came the Aaron Burr conspiracy in 1806, which had for its object the wresting of all of the Mississippi Valley from the United States, and the establishment of a seat of government at New Orleans. In the furtherance of his plans, Burr visited all of the settlements west of the Allegheny mountains, including Kaskaskia, St. Louis and Vincennes, enlisting men and making converts for his enterprise. He had boats built for his expedition. All were to rendezvous at the mouth of the Ohio River, when they would be conveyed, with equipments, thence to their destination.
TRIAL OF BURR
On November 27, 1806, President Jefferson issued a proclamation warning the people against this movement, and Burr's men refused to proceed, so the expedition was abandoned before New Orleans was reached. Burr was arrested under an indictment for high treason, and was tried before Chief Justice John Marshall and a jury at Richmond, Va., the trial commencing March 27, 1807, and closing September 6, when he was acquitted, but through the publicity given his acts, his power for evil was broken, and public sentiment classed him with Benc- diet Arnold, as a traitor to his country. He retired to France, where he lived in poverty for many years, but he finally returned to New York, and died in this country, a discredited and disappointed man.
GOVERNMENT OF TERRITORY
From its organization as a territory of the first class in 1809, Illinois was governed by the governor and the judges. All laws deemed neccs- sary were enacted by them. On September 14, 1812, Madison, Gallatin and Johnson counties were established by them. Madison County con- tained all of Illinois and Wisconsin north of a line running due east 5
66
HISTORY OF JERSEY COUNTY
from the Mississippi to the Wabash, along the north line of St. Clair County, with the house of Thomas Kirkpatrick as the seat of justice for all of said new county. This new seat of justice was on the present site of Edwardsville. By Act of Congress, May 21, 1812, Illinois was made a territory of the second class, which required the election of a legislative council consisting of one member from each county, and a house of representatives. The council was elected for a term of four years, and the representatives for two years. Samuel Judy was elected as a member of the council, and William Jones as a representative, for Madison County.
FIRST TERRITORIAL LEGISLATURE
Governor Edwards, by proclamation, convened the first territorial legislature at Kaskaskia, November 25, 1812. There were five members of the council, and seven representatives, making twelve in both branches. They met in an old, weatherbeaten unpainted, two-story frame building, the council on the second floor, and the representatives on the first, with one doorkeeper for both houses. All twelve members boarded with one family, and slept in one room. There was not a lawyer in either branch.
By act of December 13, 1812, all of the laws of the territory of Indiana that were not local, and all laws enacted by the governor and judges under the first grade of territorial government that were not repealed, were re-enacted, together with such laws as they deemed neces- sary. Pierre Menard of Randolph County was president of the council ; and John Thomas was secretary. George Fisher was speaker of the lower house, and William C. Greenup was clerk. The legislature met once a year, but the sessions were short. The members of the council, as before stated, served for four years, the representatives for two years, and the representative to Congress, two years. In 1814, Col. Benjamin Stephenson was elected a delegate to Congress; and in 1816, Nathaniel Pope was elected to the same office.
OTHER NEW COUNTIES
On November 28, 1814, Edwards County was created from all that part of Madison County east of the Third Principal Meridian, and a part of Gallatin County, and it was named in honor of the governor. On January 4, 1817. Bond County was taken from the east side of Madison
67
HISTORY OF JERSEY COUNTY
County, between it and Edwards, and was named in honor of Shadrach Bond, delegate in Congress, and later the first governor of the State of Illinois.
OTHER TERRITORIAL LEGISLATION
In the session of the legislature, convened November 14, 1814, the officers of the council were the same as those of the first session. In the house, Risdon Moore of St. Clair County, was elected speaker; and Williams Mears, clerk. At this session a contract was entered into with Nathaniel Pope for revising the laws, payment of fifty dollars was of fered for the killing of every Indian that was hostile. On December 24, adjournment was made until September 4, 1915. On the reas- sembling of the legislature on that date, John G. Lofton appeared in place of Owen Evans, as a member of the house from Madison County. The third territorial legislature met December 2, 1816. The council was composed of Pierre Menard, of Randolph, who was again elected president ; John G. Lofton, of Madison; Abraham Amos, of St. Clair ; John Grammar, of Johnson ; and Thomas C. Browne, of Gallatin. Joseph Conway was secretary of the council. In the house, George Fisher was elected speaker, Daniel P. Cook, who was auditor of public accounts, was made clerk. Twenty-eight acts were passed at this session. Among the more important ones were the establishing of a bank with a capital of $300,000.00 at Shawneetown; a fine of $200.00 was to be assessed against any Indiana lawyer practicing in the courts of this territory ; and the same act imposed a fine of $500.00 on any judge who knowingly allowed an Indiana lawyer to practice in his court. This session ad- journed January 14, 1817, to December 1, 1817, at which date it recon- vened, and fifty acts were passed, among which were those establishing banks at Kaskaskia, Edwardsville and Cairo. An adjournment was taken January 12, 1818, which terminated all territorial legislation, al- though it continued in existence until the admission of Illinois into the Union. At the time that John G. Lofton was elected as a member of the territorial council from Madison County, as stated above, there were but five members of that body, and said county represented by him contained all of Illinois Territory, bounded as follows: on the east by the Third Principal Meridian ; on the west by the Mississippi River; on the south by St. Clair County; and extended on the north to the dividing line of Upper Canada. The only change in the dimensions of Madison County prior to the creation of Greene County in 1821, was the taking of Bond County from its east side in 1817.
CHAPTER VIII
ILLINOIS AS A STATE
THE ENABLING ACT-CONSTITUTIONAL CONVENTION-FIRST GENERAL AS- SEMBLY-NATHANIEL POPE-SHADRACH BOND-GREENE COUNTY-CAPI- TAL REMOVED --- BLACK LAWS-SLAVERY LEGISLATION-TEST OF THE BLACK LAW-EDWARD COLES-ATTITUDE OF PRESIDENTS.
THE ENABLING ACT
Congress passed the Enabling Act, authorizing the territory of Illinois to form a constitution, to be submitted to that body for the ad- mission of Illinois into the Union as a state, April 18, 1818. Under this act, the election of delegates to the Constitutional Convention was fixed for the first Monday of July of that year.
CONSTITUTIONAL CONVENTION
Thirty-three delegates were elected to this convention. Jesse B. Thomas was elected its president, and William C. Greenup, who had been secretary of the first territorial assembly, was made seeretary. The con- stitution was adopted by the convention August 26, but not submitted to a vote of the people. The election for governor, lieutenant governor and members of the General Assembly was fixed by the constitution for the third Thursday in September, 1818, and the two succeeding days. Shadrach Bond was elected governor, and Pierre Menard, lieutenant governor with no opposition. Their terms of office were for four years. All of the other state officers, and judges of the courts were to be elected by the legislature. Slavery and involuntary servitude were prohibited, in the same language as that of the Act of 1787 organizing Northwestern Territory. Salaries were fixed as follows: governor, $1,000.00 ; secretary of state, $600.00; and judges of the Supreme Court, $1,000.00. Said judges could be removed by request of two-thirds of both branelies of the General Assembly.
1
68
69
HISTORY OF JERSEY COUNTY
FIRST GENERAL ASSEMBLY
The first General Assembly met October 5, 1818. There were fourteen senators and twenty-nine representatives. Pierre Menard, lieutenant gov- ernor presided in the senate, and William C. Greenup, secretary pre- sided over the house. John Messenger was elected speaker of the house, and Thomas Reynolds was elected clerk. The full state government was organized October 6, 1818, with Shadrach Bond, governor; Pierre Menard, lieutenant governor ; Elisha Kent Kane, secretary of state ; Elijah C. Berry, auditor; John Thomas, treasurer; Daniel P. Cook, attorney general. Ninian Edwards and Jesse B. Thomas were elected United States senators. This first session of the General Assembly adjourned October 13, to meet the first Monday in January, 1819, for the obvious reason that Illinois was not yet admitted to the Union as a state. The constitution was duly submitted to Congress, and the act for approving the constitution and the admission of Illinois as a state, was adopted by Congress December 3, 1818, which is the real beginning of Illinois' state- hood.
NATHANIEL POPE
Nathaniel Pope was the delegate in Congress to whom the petition for admission was sent, and it was to his indefatigable labor and ability, and his watchful care, that success is attributable. He was territorial secretary from 1809 to 1816, when he was elected delegate to Congress. An able lawyer, he was thoroughly familiar with all of the conditions in the territory, and no doubt was elected to Congress with the purpose in view of securing the admission of Illinois as a state. He was faithful to all of his trusts, and later was appointed United States District Judge, which office he held until his death at Springfield, Ill., in 1850.
SHADRACH BOND
Shadrach Bond was born in Maryland, in 1773, and came to Illinois in 1794. He was elected a delegate to Congress in 1812, and it is said that he and his wife rode from Kaskaskia to Washington, D. C., on horse- back. In 1814 he was appointed receiver of the land office at Kaskaskia. From 1818 to 1822 he was governor of Illinois. IIe died at Kaskaskia April 11, 1830, having attained to a peaceful old age. It was under his administration that Greene County was established.
70
HISTORY OF JERSEY COUNTY
GREENE COUNTY
When Greene County was established in 1821, Morgan and Macoupin counties were attached to Greene for judicial purposes. Morgan County at that time included Scott County, and they were all taken from terri- tory on the north side of, and previously a part of Madison County. The county seat of Greene was placed at Carrollton, named for Charles Carroll, of. Carrollton, a signer of the Declaration of Independence.
CAPITAL REMOVED
In 1820 the capital was removed from Kaskaskia to Vandalia, in Fayette County, and remained there until under the Act of 1837, it was removed to Springfield.
BLACK LAWS
At the session of 1819, the General Assembly re-cnacted the "black laws," under which no free negro or mulatto could come into the state, except he had a certificate under seal of a court of record showing that he was free, and no person was permitted to manumit or set free any such colored person without entering bond of $1,000.00, that such colored person was so given his freedom, should not become a public charge, under penalty of $200.00 for each person so set free, with provisions against employing, harboring or dealing with colored persons, with penalties of fine, sale, whipping, etc., much the same as those in force in the slave states at that time.
SLAVERY LEGISLATION
In his inaugural address to the Legislature of 1822, Governor Coles took strong grounds in favor of the enforcement of the provision of the constitution prohibiting slavery in the state, and for the enactment and enforcement of laws for carrying this provision of the constitution into effect. The General Assembly was strongly pro-slavery in both branches, and proceeded to pass a resolution for submitting to a vote of the people an amendment to the constitution making of Illinois a slave state. The resolution passed the senate, but in the house it lacked one vote of having a two-thirds majority, which was required for the passage of the resolu- tion. In the early part of the session there was a contest from Pike
71
HISTORY OF JERSEY COUNTY
County between Nicholas Hawson and John Shaw for representative, and December 9, 1822, the contest was decided in favor of Hawson, and he was given his seat. When it was found that the pro-slavery men lacked one vote to carry their resolution; a motion was made by Alexander P. Fields, of Union County, January 23, 1823, that the original motion to seat Hawson be reconsidered, which was carried, the contest case was re-opened, and the original decision reversed, and Shaw was seated in place of Hawson who had held his seat almost two months, but this action gave the pro-slavery advocates their two-thirds majority. The resolution was submitted to the people at the election on the first Monday in August, 1824, about eighteen months after the adoption of the reso- lution. It was thought by the pro-slavery leaders that they would have an easy victory at the polls, and they started their campaign with vitu- perative abuse, intolerance, calumny and attempted intimidation of their opponents. This aroused the antagonistic spirit of the anti-slavery people, and under the able leadership of Governor Coles, who freely contributed his salary for his term as governor, $4,000.00, to the cause, and those of Rev. J. M. Peck, Dr. T. R. Lippincott, George Churchill, Judge Lock- wood, David Blackwell, secretary of state, and an army of ministers and laymen of the several churches, the organization of anti-slavery societies, the establishment of newspapers, public speeches, handbills, etc., such a contest was waged as has never been witnessed before or since in this state. The pro-slavery men followed the same tactics, and were led by Elisha Kent Kane, Judge Reynolds, Smith MeRoberts, Jesse B. Thomas, John McLean, ex-Governor Bond, and many others. The result of the election was the defeat of the resolution. The vote was 4,950 for and 6,822 against, giving the anti-slavery forces a majority of 1,872, and this forever ended all attempts to make of Illinois a slave state.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.