USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. I > Part 23
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
With his prisoners, including men, women, and children, he started down the river, but finally released them, landing them on the east bank of the Mississippi, just below Alton, thence to make their way home in the middle of winter as best they could. The brutality and ignorance of this officer may be inferred from his report to the governor, which he concludes as follows: " Forsyth appeared sulky and obstinate. He claimed property, after refusing to receive it, at Peoria. He got all his property, and I am afraid more. He and the rest of the damned rascals may think themselves well off that they were not scalped." *
* " Edwards Papers, " p. 86.
255
EXPEDITIONS AGAINST THE INDIANS.
The year 1812 closed with but few victories over the Indians. The savages continued their midnight raids and murderous assaults against the white settlements without successful opposi- tion. Block-house stations and stockades were repaired and strengthened, yet many of the inhabitants, venturing to expose · themselves, were either taken prisoners or killed -the latter numbering sixteen in February and March, 1813.
In 1813, another expedition was sent against the Pottawato- mies and Kickapoos on the Illinois River. The forces were commanded by Gen. Benjamin Howard, formerly governor of Missouri. The regiment of Illinois troops was commanded by Col. Benjamin Stephenson. Leaving Camp Russell in August, they were joined by a force from Missouri at Fort Mason on the Mississippi below Quincy. Arriving at Gomo's village, the present site of Chillicothe, no enemy was to be found. Return- ing to Peoria, Fort Clark was built, and several fruitless attempts were made from there to find the foe. The expedition returned to Camp Russell, October 23, without the accomplishment of any important results.
In 1814, no very severe punishment having been inflicted upon the savages, they continued their attacks upon exposed settle- ments with renewed ferocity. Marauding bands hung around the outskirts of remote settlements, and the unerring bullets of the redskins laid low many a head, whose scalp hung, as a prized trophy, from the belts of the savage assassins. The perpetrators of these depredations escaped the vengeance of the white settlers by precipitate flight, when attacked even by an inferior force.
The first organized expedition sent out in 1814, was under Lieut. John Campbell, to strengthen Prairie du Chien. Two companies of this small army were commanded by Captain Stephen Rector, and Lieut. (John ?) Riggs. After reaching Rock Island, and while passing up the river in boats, a severe engage- ment took place, the Indians being commanded by the renowned Black Hawk. The barge of Lieut. Campbell having been blown ashore by a gale, he was placed at the mercy of the foe. Seeing his perilous situation, Rector and Riggs, who had passed in safety, endeavored to return to his assistance. The boat of Riggs was stranded on the rocks; but Rector having anchored
256
ILLINOIS-HISTORICAL AND STATISTICAL.
opened an effective fire upon the enemy. The barge of Lieut. Campbell, who was badly wounded, caught fire, when the heroic Rector, having raised his anchor, in full view of the infuriated savages, and within easy range of their deadly rifles, floated down to the burning barge and succeeded in transferring to his own boat not only the survivors, but also the killed and wounded. The loss of the Americans was nine killed and sixteen wounded. The expedition then returned to St. Louis-Lieut. Riggs, whose stranded boat was so exposed as to afford little hope of his safety, escaping also under cover of night .*
Another expedition was sent up the Mississippi this year, commanded by Maj. Zachary Taylor, afterward president, and with it were Capts. Nelson Rector, and Samuel Whiteside, commanding the Illinoisians. At Rock Island, it was discovered that the British had a detachment there with artillery, and that the force of Indians was very large. Some severe fighting occurred. An assault ordered by Taylor upon the upper island was successful, many of the enemy being killed. Another assault by Capt. Rector upon the lower island, failed in consequence of the Indians having been largely reinforced. In his efforts to reach his boat, which had grounded, a desperate hand-to-hand encounter took place; but Capt. Whiteside came to his support and saved the day. Major Taylor, finding his force insufficient to contend successfully with the enemy, withdrew down the river, and, on the present site of Warsaw, constructed Fort Edwards. From this point also, the whites were compelled to retreat, and the Illinois rangers and volunteers returning home, were discharged from service, October 18. The result of this year's operations were as unsatisfactory and unfavorable as had been those of the two preceding. The Indians remained in complete and defiant possession of the upper Illinois country. It may be said to have been exceedingly fortunate for the people of the Territory of Illinois that the issues of the war of 1812 were not dependent upon the success which crowned their efforts to subdue the foe which was at their own doors.
Although the treaty of peace between Great Britain and the United States was signed at Ghent, Dec. 24, 1814, no formal treaty with the Indians was concluded until the following year,
* Reynolds', "My Own Times," 2d Ed., 100.
257
EXPEDITIONS AGAINST THE INDIANS.
when articles between the United States and the hostile tribes were signed at a point on the Mississippi River, below Alton in July, 1815, the American commissioners being Govs. William Clark of Missouri and Edwards of Illinois, and Auguste Chouteau. Most of the Northwestern tribes, including the Pottawatomies, were represented .*
In these frontier wars of 1812-14, the names of William and Samuel Whiteside, James B. Moore, Jacob Short, John More- dock, William and Nathan Boon, William, Nelson, and Stephen Rector, Nathaniel Journey, Willis Hargrave, Jacob and Samuel Judy, Benj. Stephenson, and Wm. McHenry were conspicuous as commanders of either companies or regiments. The records of those times show that they bore themselves with most dis- tinguished bravery and heroism. They had themselves at the hands of the hostile redskins suffered the loss of property and friends. In addition to the impulses of patriotism, therefore, they were influenced by the recollection of personal injuries; and it is somewhat surprising that in no published report of the governor is any mention made of their services or even of their names.+
* American State Papers."
+ The following were among the casualities during the war not mentioned in the text : 1812-Andrew Moore and son, on Big Muddy ; Barbara at Jordan's Fort ; 1813-Two families on Cash River-several killed and wounded; François Young at Hill's Ferry ; Joseph Boltenhouse, near Albion; Hutson, wife, and four children, on the Wabash ; the Lively family (seven) in Washington Co .; 1814-Mrs. Reason Reagan and six children on Wood River, Madison Co .; Henry Cox and son, on Shoal Creek; Mrs. Jesse (Jane Bradsby) Bayles and Miss Bradsby, on Sugar Creek. -Reynolds', "My Own Times."
Authorities: Capt. Nathan Heald's official report, from "Niles' National Register"; " Wau-Bun," by Mrs. J. H. Kinzie; "Fort Dearborn," by Hon. John Wentworth; Edwards' " History of Illinois"; Reynolds'"My Own Times" and "Pioneer History of Illinois."
17
CHAPTER XVII.
As a Territory of the Second Grade-First General As- semblies -Territorial Laws- Officers and Members of the Territorial Legislatures.
BY the Act of congress dividing the territory of Indiana, it was provided that so much of the Ordinance of 1787 as related to the organization of a general assembly therein, should be and remain in full force and effect in the Illinois Territory, whenever satisfactory evidence should be adduced that such was the wish of a majority of the freeholders, notwithstand- ing there might not be five thousand free white male inhabitants therein of the age of twenty-one years and upward, as required in the ordinance.
The people of the Territory began early in the year 1812 to agitate the question of the election of their own law-makers; and having petitioned the governor to that effect, he, on March 14, ordered an election to be held in April for the purpose of taking the sense of the freeholders on that subject. The vote was nearly unanimous for the proposed change.
Owing to the fact that but few of the settlers had as yet acquired any legal title to the lands occupied by them, there were not more than three hundred voters in the Territory pos- sessing the required qualification of freeholders, as prescribed by the ordinance.
These facts being reported to congress, that body by the act of May 21, not only raised the territory to the second grade, but also extended the right of suffrage to all white male inhabi- tants of twenty-one years of age, who paid taxes, and had resided one year in the Territory.
In pursuance of the provisions of this act, the governor issued his proclamation ordering an election to be held in each county of the Territory-the counties of Madison, Gallatin, and Johnson having been added to those of St. Clair and Randolph-on Oct. 8, 9, and 10, 1812, for the purpose of electing five members of the council, and seven representatives to the general assembly.
258
259
FIRST TERRITORIAL LEGISLATURE.
This first general election in the Illinois Territory, held during the existence of a war, in which the people felt a greater interest, was quietly conducted and resulted in the choice of the following persons: for members of the council: Pierre Menard, merchant, from Randolph County; William Biggs, farmer, from St. Clair; Samuel Judy, farmer, from Madison; Thomas Fergu- son, from Johnson; and Benjamin Talbot, from Gallatin. For members of the house of representatives: George Fisher, physi- cian, from Randolph County; Joshua Oglesby, a Methodist minister, and Jacob Short, farmer, from St. Clair; Wm. Jones, a Baptist minister, from Madison; Col. Philip Trammel, ranger, and Alexander Wilson, tavern-keeper, from Gallatin; and John Grammar, farmer, from Johnson. It will be noted that none of them were lawyers; all, however, had been enrolled as their country's defenders. The general assembly met at Kaskaskia, November 25, and organized by the choice of Pierre Menard, president of the council, and John Thomas, secretary. George Fisher was elected speaker-of-the-house, and Wm. C. Greenup, clerk. One doorkeeper was sufficient for both bodies; and all the members, it is said, were entertained at one tavern.
The message of the governor was principally devoted to a discussion of the war, and proposed changes in the militia and revenue laws. An omnibus bill was passed December 13, reënacting all the laws passed by the Indiana legislature, and by the governor and judges of Illinois Territory, which were then in force.
The people soon began to perceive that they could not hope to enjoy an increase of political power without having to submit to a corresponding increase in public expenses. The revenue for the support of the government was raised by taxing lands at the rate of seventy-five cents on the one hundred acres. County- revenue was raised by a tax on personal property, and by licenses-merchants being required to pay a fee of from ten to fifteen dollars for the privilege of carrying on business. Owners of horses were required to pay fifty cents per head, and each head of cattle was taxed ten cents. The legislature continued in session thirty-two days.
At this same election Shadrach Bond was selected as the first delegate to congress from the new territory of Illinois. This
260
ILLINOIS-HISTORICAL AND STATISTICAL.
was considered then, as now, a desirable position; but not on account of the salary attached-which was but eight dollars per day and mileage, the annual session averaging about 140 days-nor because Washington was within easy reach, or an attractive place of residence. The mode of travel was on horse- back and by stage-coaches, and it required thirty-five days to make the trip from Kaskaskia to the capital. Washington then contained only a few houses, and these so far separated as to entitle the incipient city, to the sobriquet of "the city of magnif- icent distances," which it has maintained to this day.
The office seemed to be prized rather for the opportunity it afforded to secure what were then regarded as higher posts of honor, in other words as a stepping-stone to other positions of influence, emolument, and power. Gen. St. Clair and Capt. Wm. H. Harrison were transferred from congress to territorial governorships, and later, Jesse B. Thomas and Nathaniel Pope were made United-States circuit-judges; and Capt. Shadrach Bond and Benjamin Stephenson were nominated to receiver- ships in the land-office-all of them securing their new appoint- ments before the expiration of their term of service in congress.
The relationship of the territories to the general government clothed the office with unusual importance at this time. Troops to aid in the defence of the settlements were to be raised, organized, equipped, and paid. Questions relating to land- titles were yet unadjusted, and required attention. In regard to all these matters, Capt. Bond rendered laborious and able service. Especially was he entitled to great credit for securing the passage of the first preemption law of the Territory, which was a very popular measure, effecting most desirable results.
The second territorial general assembly convened at Kaskas- kia, Nov. 14, 1814. The council having been elected for four years was unchanged. Of the lower house, however, but one member, Philip Trammel, was reëlected .*
The legal profession had its first representative in the legisla- tive councils of Illinois this year in the person of Thos. C. Browne.
* Second territorial general assembly-Council the same. House of representatives: Risdon Moore, speaker, and James Lemen jr., St. Clair; Wm. Rabb, Madison ; James Gilbreath, Randolph; Philip Trammel and Thomas C. Browne, Gallatin ; Owen Evans, Johnson; Wm. Mears, clerk. Second session : Jervis Hazelton, vice Gilbreath, expelled; John G. Lofton, Madison; Daniel P. Cook, clerk.
261
TERRITORIAL LAW-MAKING.
Now that peace was once more assured, the people again turned their attention to politics, and found it a more pleasing, if less exciting and dangerous occupation than Indian warfare. One subject which early engaged their consideration was the organization of the courts. This was a never-failing source of agitation and dispute. To be sure, there was hardly anything for the courts to do; their sessions were generally merely nominal; and it would not have made the slightest difference, so far as the welfare of the people was concerned, which of the plans proposed should be adopted. Still the question provoked as much discussion as though their very safety and existence as a people depended upon the particular form of their judicial system. This legislature passed a law establishing what it called the supreme, in place of the general court, and required the judges to hold circuit-courts. The judges opposed the law. The governor favored it, and wrote a voluminous message in support of his view, which was spread upon the journals of both houses. The dispute was carried to congress, and that body finally disposed of the question by sustaining the legislature. This harmless but exciting controversy, which continued for years, afforded a convenient yet ever-present ground of political discussion, to the exclusion, sometimes, of more important issues.
The second general assembly had two sessions. Among its most important acts were those relating to the judiciary, and providing for the formation of the counties of Edwards, Jackson, and White.
The third general assembly, elected in 1816, met Dec. 2, and adjourned Jan. 14. A second session began Dec. 1, 1817, and ended Jan. 12, 1818 .*
Among the laws passed, were those for the incorporation of the Bank of Illinois; dividing the Territory into judicial circuits; abolishing the office of county-treasurer; incorporating the City
* Members of the third general assembly Council-Pierre Menard, president, Randolph Co .; John G. Lofton, Madison; Abraham Amos, St. Clair; John Gram- mar, Johnson; Thomas C. Browne, Gallatin; Joseph Conway, secretary; and house of representatives-George Fisher, speaker, Randolph; Charles R. Matheny and Wm. H. Bradsby, St. Clair; Nathan Davis, Jackson; Joseph Palmer, Johnson; Seth Gard, Edwards; Samuel O'Melveny, Pope; R. K. Mclaughlin, clerk. At the second session, Willis Hargrave succeeded Nathan Davis, and M. S. Davenport, Seth Gard. Daniel P. Cook, clerk.
262
ILLINOIS-HISTORICAL AND STATISTICAL.
and Bank of Cairo; establishing the counties of Franklin, Union, and Washington; and to incorporate medical societies-under the provisions of which no one was permitted to practise medi- cine or surgery without obtaining a license from the society.
The laws adopted in the Northwest Territory were generally continued in force in the territory of Indiana, and those of the latter in Illinois, as has been pointed out. Among these, it is of interest to mention the following as illustrating the changes in public sentiment which have since occurred-especially relative to punishments for crime:
Treason, murder, arson, and rape, were punishable by death. Burglary and robbery, by whipping, fine, and imprisonment not exceeding three years. Forgery, by fine in double the sum of which the party had been defrauded; the culprit being inca- pacitated from giving testimony, serving as juror, or holding office, and to be "set in the pillory not exceeding three hours." Bigamy, by whipping, fine, and imprisonment, and in 1803, the penalty was death. Perjury, by fine, and whipping, and standing in the pillory. Larceny, by fine, whipping, and being required to restore the stolen property. Sabbath-breaking, by a fine of from fifty cents to two dollars, for which distress might be levied. Profanity, that is, "swearing by the name of God, Christ Jesus, or the Holy Ghost," same penalty as sabbath- breaking. Disobedience of children or servants, by being sent to the house of correction; and for assaulting parent or master, whipping. Drunkenness, for the first offence, a fine of five dimes, and for each succeeding offence, one dollar; on a failure to pay the fine, the delinquent was to be placed in the stocks for one hour. Cock-fighting, gambling, or running horses in the public highway, by fine. Duelling, when death resulted, was made murder, and those who aided and abetted the principal were made equally guilty; the sending or accepting of a challenge incapacitated either party from holding office. Bribery, the procuring of votes by treating with meat or drink, by any can- didate or other person for him, was punishable by rendering the offender ineligible to a seat in the general-assembly for two years. In case the defendant was unable to pay the fine imposed, the court might order him to be hired out or sold for a period not exceeding seven years, to any "suitable" person who would engage to pay the fine.
263
TERRITORIAL LAWS.
In the collection of debts, all the debtors' property whether personal or real, was liable to sale under execution, and if land failed to sell for want of bidders, the creditor had the privilege of taking it at its appraised value-if there was not sufficient property found to satisfy the execution, the body of the debtor might be taken and committed to the county-jail.
To defray the expenses of the territorial government, a tax was levied on land, which was divided into three classes, the first of which paid 371/2 cents, the second, 75 cents, and the third, one dollar on each hundred acres.
County revenue was raised by taxing horses, cattle, slaves, town-lots, out-lots, houses in town, and "mansion houses in the country," valued at two hundred dollars and upward, and by licensing ferries, billiard-tables, and merchants.
By a law of 1809, commissioned officers, federal or territorial, except justices-of-the-peace and militia officers, were rendered ineligible to a seat in the general-assembly; but the law being very unpopular was repealed in 1814.
The feeling of the people toward the aborigines was displayed by an act passed in 1814, which offered a reward of fifty dollars for each Indian taken or killed in any white settlement, and of one hundred dollars for any "warrior, squaw, or child taken prisoner or killed in their own territory."
In 1816, the Bank of Illinois at Shawneetown, with branches at Edwardsville and Kaskaskia, were incorporated as banks of issue and deposit; and to sustain their circulation the people were required to receive their bills for all debts or submit to a postponement of their collection. The bank at Shawneetown was said to be well managed, and the people sustained no losses thereby; but the general government lost $54,000 by the bank at Edwardsville.
The supreme or general court held by the federal judges had concurrent, original jurisdiction in "all cases, matters, and things pertaining to property: real, personal, and mixed"; and exclusive original jurisdiction of the higher criminal offences, and in all cases in equity where the amount in controversy exceeded one hundred dollars. It possessed appellate jurisdic- tion in all causes from the inferior courts, and the power to examine, correct, and punish the contempts and omissions of
264
ILLINOIS-HISTORICAL AND STATISTICAL.
any justice-of-the-peace, sheriff, clerk, or other civil officer, within their respective counties.
By act of 1814, the general court was superseded by the establishment of the supreme court, composed of the same judges, who were also required to hold circuit-courts. At this same session the court of common pleas was abolished, and county-courts, with inferior jurisdiction, established in its place.
The federal judges first appointed continued in office until 1813, when Wm. Sprigg succeeded Obadiah Jones. In 1815, Thomas Towles was appointed in the place of Stanley Griswold, who had been transferred to Michigan Territory, and of whom Reynolds says: "Was a correct, honest man; a good lawyer; paid his debts; and sung David's psalms."
In 1818, territorial circuit-courts were established, upon which was conferred the same original jurisdiction as that which had been exercised by the supreme court, but no appellate. Under this act the following judges were appointed: Daniel P. Cook, John Warnock, John McLean, (declined), Elias Kent Kane, William Mears, and Jeptha Hardin .*
The attorneys, at one time, were required to take and subscribe the following oath, before they could be permitted to practise: "I swear that I will do no falsehood, nor consent to the doing of any, in the courts of justice; and if I know of any intention
* The Territorial officers were: Governor-Ninian Edwards, April 24, 1809 to Dec. 6, 1818; Secretaries-Nathaniel Pope, March 7, 1809 to Dec. 17, 1816; Joseph Phillips, Dec. 17, 1816 to Oct. 8, 1818. Auditors of public accounts-H. H. Maxwell, 1812 to 1816; Daniel P. Cook, Jan. 13, 1816 to April 1817 ; Robert Blackwell, April 5, 1817 to Aug. 1817; Elijah C. Berry, Aug. 28, 1817 to Oct. 9, 1818. Attorneys General-Benj. H. Doyle, July 24, 1809 to Dec. 1809; Thomas T. Crittenden, April, 1810 to Oct. 1810; Benj. M. Piatt, Oct. 29, 1810 to June, 1813; Wm. Mears, June 23, 1813 to Feb. 17, 1818. Treasurer-John Thomas, 1812 to 1818. Delegates to congress-Shadrach Bond, Dec. 12, 1812 to 1814, resigned ; Benj. Stephenson, Sept. 29, 1814 to 1817; Nathaniel Pope, 1817 to 1818. Adju- tants General-Elias Rector, May 9, 1809 to July 18, 1809; Robert Morrison, July 18, to May 28, 1810 ; Elias Rector, May 28, 1810 to Oct. 25, 1813; Benj. Stephen- son, Dec. 13, 1813 to Oct. 27, 1814; Wm. Alexander, Oct. 27, 1814 to Dec. 1818. Territorial Judges-Obadiah Jones, March 7, 1809 to 1815; Alexander Stuart, March 7, 1809, resigned; Jesse B. Thomas, March 7, 1809 to 1818; Stanley Gris- wold, March 16, 1809 to 1816; William Sprigg, July 29, 1813, to 1818; Thomas Towles, Jan. 16, 1816 to 1818. Circuit judges-all in 1818, Daniel P. Cook, John Warnock, John McLean, (declined), Elias Kent Kane, Wm. Mears, Jeptha Hardin.
The salary of the governor was $2000; secretary $1000; territorial judges, ap- pointed by the president, $1200 each.
265
UNITED-STATES SALINES.
to commit any, I will give knowledge thereof to the justices of the said courts, or some of them, that it may be prevented. I will nor willingly or wittingly promote or use any false, ground- less, or unlawful suit, nor give aid or counsel to the same; and I will conduct myself in the office of an attorney within the said courts, according to the best of my knowledge and discretion, and with all good fidelity, as well to the courts as my clients, so help me God.
Among other duties devolving upon the governor was that of superintending United-States salines. The salt-works of the government in Gallatin County were extensive and profitable. By the terms of the leases not less than 120,000 bushels were to be made annually, and the price fixed at from seventy cents to one dollar per bushel; the rent to be paid was at the rate of 36,000 bushels for every 120,000 bushels manufactured. It was. the duty of the superintendent to make all contracts for leasing the works, collect the rent, and provide for shipping the proceeds. The greater portion of the labor at these works was performed by slaves, mostly brought from Kentucky and Tennessee. All the salt required by the people of the Territory and surrounding country was supplied from these works. By the act enabling the people to form a constitution and state government all the salt-springs within the State, and the land reserved for their use were granted to the State for its use on such terms, conditions, and regulations, as the legislature might prescribe. The salt- springs in Vermilion County, included in this grant, in 1824 from eighty kettles produced sixty to eighty bushels of salt per week. The leasing and disposition of the salt-works was a never-failing subject of legislation for thirty years. The receipts: from rents were not large nor satisfactory. In 1827, provision was made for the sale of thirty thousand acres of these lands, one-half the proceeds arising therefrom in Gallatin County being appropriated to the erection of the first penitentiary in the State, and the balance to the improvement of Saline Creek, of the road across Maple Swamp, the building of a bridge across Eagle Creek, and to improve the navigation of the Little-Wabash River. The proceeds arising from the Vermilion-County sales were appropriated to improve the Great-Wabash River.
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.