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 48
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ART. IV. In consideration of the peace now established, and of the cessions and relinquishments of lands made in the preceding article by the said tribes of Indians, and to manifest the liberality of the United States, as the great means of rendering this peace strong and perpetual, the United States relinquish their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and southward of the Great Lakes and the waters uniting them, according to the boundary line agreed on by the United States and the king of Great Britain, in the treaty of peace made between them in the year 1783. But from this relinquishment by the United States, the following tracts of land are explicitly excepted. Ist. The tract of one hundred and fifty thousand acres near the rapids of the river Ohio, which has been assigned to Gen. [G. R.] Clark, for the use of himself and his warriors. 2d. The post of St. Vincennes, on the river Wabash, and the lands adjacent, of which the Indian title has been extinguished. 3d. The lands at all other places in posses- sion of the French people and other white settlers among them, of which the Indian title has been extinguished as mentioned in the third article. And, 4th. The post of Fort Massac toward the mouth of the Ohio. To which several parcels of land so excepted, the tribes relinguish all the title and claim which they or any of them may have.
526
ILLINOIS-HISTORICAL AND STATISTICAL.
And for the same considerations and with the same views as above mentioned, the United States now deliver to the said Indian tribes a quantity of goods to the value of twenty thousand dollars, the receipt whereof they do hereby acknowledge, and henceforward, every year, forever, the United States will deliver, at some convenient place northward of the river Ohio, like useful goods, suited to the circumstances of the Indians, of the value of nine thousand five hundred dollars-reckoning that value at the first cost of the goods in the city or place in the United States where they shall be procured. The tribes to which those goods are to be annually delivered, and the proportions in which they are to be delivered are the following :
Ist. To the Wyandots, the amount of one thousand dollars. 2d. To the Dela- wares, the amount of one thousand dollars. 3d. To the Shawnees, the amount of one thousand dollars. 4th. To the Miamis, the amount of one thousand dollars. 5th. To the Ottawas, the amount of one thousand dollars. 6th. To the Chippewas, the amount of one thousand dollars. 7th. To the Pottawatimas, the amount of one thousand dollars. 8th. And to the Kickapoo, Wea, Eel River, Piankeshaws, and Kaskaskia tribes, the amount of five hundred dollars each.
Provided, that if either of the said tribes shall hereafter, at an annual delivery of their share of the goods aforesaid, desire that a part of their annnity should be fur- nished in domestic animals, implements of husbandry, and other utensils convenient for them, and in compensation to useful artificers who may reside with or near them, and be employed for their benefit, the same shall, at the subsequent annual deliveries, be furnished accordingly.
ART. V. To prevent any misunderstanding about the Indian lands relinquished by the United States in the 4th article, it is now explicitly declared, that the mean- ing of that relinquishment is this: the Indian tribes who have a right to those lands, are quietly to enjoy them-hunting, planting, and dwelling thereon, so long as they please, without any molestation from the United States; but when those tribes, or any of them, shall be disposed to sell their lands, or any part of them, they are to be sold only to the United States; and until such sale, the United States will protect all the said Indian tribes in the quiet enjoyment of their lands against all citizens of the United States, and against all other white persons who may intrude upon the same. And the said Indian tribes again acknowledge themselves to be under the protection of the said United States, and no other power whatever.
ART. VI. If any citizen of the United States, or any other white person or persons, shall presume to settle upon the lands now relinquished by the United States, such citizen or other person shall be out of the protection of the United States; and the Indian tribes, on whose land the settlement shall be made, may drive off the settler, or punish him in such manner as they shall think fit; and because such settlements, made without the consent of the United States, will be injurious to them as well as to the Indians, the United States shall be at liberty to break them up, and remove and punish the settlers as they shall think proper, and so effect that protection of the Indian lands herein before stipulated.
ART. VII. The said tribes of Indians, parties to this treaty, shall be at liberty to hunt within the territory and lands which they have now ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably, and offer no injury to the people of the United States.
ART. VIII. Trade shall be opened with the said Indian tribes; and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly licensed to reside among them for the purpose of trade, and to their agents
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APPENDIX-TREATY OF GREENVILLE.
and servants; but no person shall be permitted to reside at any of their towns or hunting-camps, as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent of the department northwest of the Ohio, or such other person as the president of the United States shall authorize to grant . such license; to the end, that the said Indians may not be imposed on in their trade. And if any licensed trader shall abuse his privilege by unfair dealing, upon complaint and proof thereof, his license shall be taken from him, and he shall be further pun- ished according to the laws of the United States. And if any person shall intrude himself as a trader, without such license, the said Indians shall take and bring him before the superintendent, or his deputy, to be dealt with according to law. And to prevent impositions by forged licenses, the said Indians shall, at least once a year, give information to the superintendent, or his deputies, of the names of the traders residing among them.
ART. IX. Lest the firm peace and friendship now established, should be interrupted by the misconduct of individuals, the United States, and the said Indian tribes agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but instead thereof, complaint shall be made by the party injured, to the other; by the said Indian tribes, or any of them, to the president of the United States, or the superintendent by him appointed; and by the superintendent or other person appointed by the president, to the principal chiefs of the said Indian tribes, or of the tribe to which the offender belongs; and such prudent measures shall then be pursued as shall be necessary to preserve the said peace and friendship unbroken, until the legislature (or great council) of the United States, shall make other equitable provision in the case, to the satisfaction of both parties. Should any Indian tribes meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before-mentioned tribes, or either of them, they do hereby engage to give immediate notice thereof to the general, or officer commanding the troops of the United States, at the nearest post. And should any tribe, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent the same, and in like manner give information of such attempt, to the general, or officer commanding, as soon as possible, that all causes of mistrust and suspicion may be avoided between them and the United States. In like manner the United States shall give notice to the said Indian tribes of any harm that may be meditated against them, or either of them, that shall come to their knowledge; and do all in their power to hinder and prevent the same, that the friendship between them may be uninterrupted.
. ART. X. All other treaties heretofore made between the United States and the said Indian tribes, or any of them, since the treaty of 1783, between the United States and Great Britain, that come within the purview of this treaty, shall hence- forth cease and become void.
In testimony whereof, the said Anthony Wayne, and the sachems and war chiefs of the before-mentioned nations and tribes of Indians, have herennto set their hands and affixed their seals.
Done at Greenville, in the territory of the United States northwest of the river Ohio, on the third day of August, one thousand seven hundred and ninety-five.
WYANDOTS.
Tarhe, or Crane, his x mark,
J. Williams, jun., his x mark,
Anthony Wayne, [L. s.] Teyyaghtaw, his x mark, Haroenyou, or Half King's son, his x Tehaawtorens, his x mark, [mark,
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ILLINOIS-HISTORICAL AND STATISTICAL.
Awmeyeeray, his x mark,
Stayetah, his x mark,
Shateyyaronyah, or Leather Lips, his
Daughshuttah, his x mark, [x mark, Shaawrunthe, his x mark.
DELAWARES.
Tetabokshke, or Grand Glaize King, his x mark,
Lemantanquis, or Black King, his x
Wabatthoe, his x mark, [mark, Maghpiway, or Red Feather, his x mark, Kikthawenund, or Anderson, hisxmark,
Bukongehelas, his x mark,
Peekeelund, his x mark,
Wellebawkeelund, his x mark,
Peekeetelemund, or Thomas Adams, his x mark, Kishkopekund, or Capt. Buffalo, his x mark, Amenahehan, or Capt. Crow, hisxmark, Queshawksey, or George Washington, his x mark,
Weywinquis, or Billy Siscomb, his x Moses, his x mark. [mark,
SHAWANEES.
Misquacoonacaw or Red Pole, his x mark,
Cutthewekasaw, or Black Hoof, his x
Kaysewaesekah, his x mark, [mark,
Weythapamattha, his x mark,
Nianymseka, his x mark, Waytheah, or Long Shanks, his x mark, Weyapiersenwaw, or Blue Jacket, his x mark, Nequetaughaw, his x mark, Hahgooseeeaw, or Capt. Reed, his x mark.
OTTAWA.
Chegonickska, (an Ottawa from San- dusky) his x mark.
POTTAWATOMIES OF THE RIVER ST. JOSEPHI.
Thupenebu, his x mark, Nawac, (for himself and brother Etsimethe) his x mark,
Nenanseka, his x mark, Keesass, or Sun, his x mark,
Kabamasaw, (for himself and brother Chisaugan, ) his x mark,
Sugganunk, his x mark, [mark, Wapmeme, or White Pigeon, his x Wacheness, (for himself and brother Pedagoshok,) his x mark, Wabshicawnaw, his x mark, La Chasse, his x mark, Meshegethenogh, (for himself and brother Wawasek,) his x mark,
Hingoswash, his x mark, Anewasaw, his x mark,
Nawbudgh, his x mark,
Missenogomaw, his x mark,
Waweegshe, his x mark, Thawme, or Le Blanc, his x mark, Geeque, (for himself and brother Shewinse, ) his x mark.
POTTAWATOMIES OF HURON.
Okia, his x mark,
Chamung, his x mark,
Segagewan, his x mark,
Nanawme, (for himself and brother A. Gin,) his x mark,
Marchand, his x mark, Wenameac, his x mark.
MIAMIS.
Nagohquangogh, or Le Gris, his x mark, Meshekunnoghquoh, or Little Turtle, his x mark.
OTTAWAS.
Augooshaway, his x mark, Keenoshameek, his x mark, La Malice, his x mark, Machiwetah, his x mark,
Thowonawa, his x mark, Secaw, his x mark.
CHIPPEWAS.
Mashipinashiwish, or Bad Bird, his x mark,
Nahshogashe, (from Lake Superior, ) his x mark,
Kathawasung, his x mark, Masass, his x mark, Nemekass, or Little Thunder, his x mark,
Peshawkay, or Young Ox, his x mark, Nanguey, his x mark, Meenedohgeesogh, his x mark,
Peewanshemenogh, his x mark,
529
APPENDIX-TREATY OF GREENVILLE.
Weymegwas, his x mark, Gobmaatick, his x mark.
MIAMIS AND EEL RIVERS.
Peejeewa, or Richard Ville, his x mark, Cochkepoghtogh, his x mark. EEL RIVER TRIBE.
Shamekunnesa, or Soldier, his x mark. MIAMI.
Wapamangwa, or White Loon, his x mark.
WEAS FOR THEMSELVES AND PIANKESHAWS.
Amacunsa, or Little Beaver, his x mark,
Acoolatha, or Little Fox, his x mark, Francis, his x mark.
KICKAPOOS AND KASKASKIAS.
Keewhah, his x mark, Nemighka, or Josey Renard, hisx mark,
Paikeekanogh, his x mark.
DELAWARES OF SANDUSKY.
Hawkinpumiska, his x mark, Peyamawksey, his x mark, Reyntueco, (of the Six Nations living at Sandusky, ) his x mark.
In presence of, (the word "goods" in the 6th line of the 3d article; and word " before " in the 26th line of the 3d article; the words " five hundred " in the 10th line of the 4th articles, and the word " Piankeshaw" in the 14th line of the 4th article, being first interlined.)
H. De Butts, first aide-de-camp and sec'y to Maj .- Gen. Wayne, Wm. H. Harrison, aide-de-camp to Maj .- Gen. Wayne,
T[homas] Lewis, aide-de-camp to Maj .- Gen. Wayne,
James O'Hara, quartermaster-general,
John Mills, major of infantry, and adjutant general.
Caleb Swan, P. M. T. U. S.
Baties Coution,
Geo. Demler, lieut. artillery,
P. Navarre.
[François] Vigo,
P. Frs. La Fontaine,
William Wells,
Jacques Lasselle,
H. Lasselle,
M. Morins,
Jn. Beau Bien,
Bt. Sans Crainte,
David Jones, chaplain U. S. S.
Christopher Miller,
Lewis Beaufait,
Robert Wilson,
R. Lachambre,
Abraham Williams, his x mark,
Isaac Zane, his x mark.
Act of Congress, 3 February, 1809.
Dividing the Indiana Territory into two separate governments, and establish- ing the territory of Illinois.
E IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of March next, all that part of the Indiana territory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes due north, to the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called Illinois.
§ 2. And be it further enacted, That there shall be established within the said 34
Jas. Pepen,
SWORN INTERPRETERS.
Ant. Lasselle,
530
ILLINOIS-HISTORICAL AND STATISTICAL.
territory a government in all respects similar to that provided by the ordinance of congress, passed on the 13th day of July, 1787, for the government of the territory of the United States northwest of the river Ohio, and by an act passed on the 7th day of August, 1789, entitled " An act to provide for the government of the territory northwest of the river Ohio;" and the inhabitants thereof shall be entitled to and enjoy all and singular the rights, privileges, and advantages, granted and secured to the people of the territory of the United States northwest of the river Ohio, by the said ordinance.
§ 3. And be it further enacted, That the officers for the said territory who, by virtue of this act, shall be appointed by the president of the United States, by and with the advice and consent of the senate, shall, respectively, exercise the same powers, perform the same duties, and receive for their services the same compensa- tions, as, by the ordinance aforesaid, and the laws of the United States, have been provided and established for similar officers in the Indiana territory. And the duties and emoluments of superintendent of Indian affairs shall be united with those of governor. Provided, that the president of the United States shall have full power, in the recess of congress, to appoint and commission all officers herein authorized, and their commissions shall continue in force until the end of the next session of congress.
§ 4. And be it further enacted, That so much of the ordinance for the government of the territory of the United States northwest of the river Ohio, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Illinois territory, whenever satisfactory evidence shall be given to the governor thereof that such is the wish of a majority of the freeholders, notwithstanding there may not be therein 5000 free male inhabitants of the age of 21 years and upward: Provided, That until there shall be 5000 free male inhabitants of 21 years and upward in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the number of free males of the age of 21 years and upward, which they may respectively contain.
§ 5. And be it further enacted, That nothing in this act contained shall be con- strued so as in any manner to affect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the Illinois territory, from and after the aforesaid first day of March next.
§ 6. And be it further enacted, That all suits, process, and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said territory of Illinois, and also all suits, process, and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties in- cluded within the limits of the territory of Illinois aforesaid, shall, in all things con- cerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided.
§ 7. And be it further enacted, That nothing in this act contained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana territory on lands lying in the said territory of Illinois.
§ S. And be it further enacted, That, until it shall be otherwise ordered by the legislature of the said Illinois territory, Kaskaskia, on the Mississippi river, shall be- the seat of government for the said Illinois territory.
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APPENDIX.
Act of Congress, 18 April, 1818.
Enabling the people of Illinois to form a state constitution.
§ I. B E IT ENACTED by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the territory of Illinois be, and they are hereby authorized to form for themselves a con- stitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the union upon the same footing with the original states, in all respects whatever.
§ 2. And be it further enacted, That the said state shall consist of all the terri- tory included within the following boundaries, to wit: Beginning at the mouth of the Wabash River; thence up the same, and with the line of Indiana, to the northwest corner of said state, thence east with the line of the same state to the middle of Lake Michigan; thence north along the middle of said lake, to north latitude 42 degrees 30 minutes; thence west to the middle of the Mississippi river; and thence down along the middle of that river to its confluence with the Ohio river; and thence up the latter river along its northwestern shore, to the beginning: Provided, That the convention hereinafter provided for, when formed, shall ratify the boun- daries aforesaid; otherwise they shall be and remain as now prescribed by the ordinance for the government of the territory northwest of the river Ohio: Provided also, That the said state shall have concurrent jurisdiction with the state of Indiana on the Wabash river, so far as said river shall form a common boundary to both, and also concurrent jurisdiction on the Mississippi river, with any state or states to be formed west thereof, so far as said river shall form a common boundary to both.
§ 3. And be it further enacted, That all white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory six months previous to the day of election, and all persons having in other respects the legal qualifications to vote for representatives in the general assembly of the said territory be, and they are hereby, authorized to choose representatives to. form a convention, who shall be apportioned amongst the several counties as follows:
From the county of Bond, two representatives; From the county of Madison, three representatives; From the county of St. Clair, three representatives; From the. county of Monroe, two representatives; From the county of Randolph, two repre- sentatives; From the county of Jackson, two representatives; From the county of Johnson, two representatives; From the county of Pope, two representatives; From the county of Gallatin, three representatives; From the county of White, two repre- sentatives; From the county of Edwards, two representatives; From the county of Crawford, two representatives; From the county of Union, two representatives; From the county of Washington, two representatives; And from the county of Franklin, two representatives;
And the election for the representatives aforesaid shall be holden on the first Mon- day of July next, and the two following days, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regu- lations, as prescribed by the laws of the said territory regulating elections therein for members of the house of representatives.
§ 4. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby authorized to meet at the seat of government of the said territory, on the first Monday of the month of August next, which convention, when met, shall first determine, by a majority of the whole number elected, whether
532
ILLINOIS-HISTORICAL AND STATISTICAL.
it be, or be not, expedient at that time to form a constitution and state government for the people within the said territory, and, if it be expedient, the convention shall be and hereby is authorized to form a constitution and state government: or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said represen- tatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance, and shall then form for the people of said territory a constitution and state government: provided, That the same, whenever formed, shall be republican, and not repugnant to the ordinance of the 13th of July, 1787, between the original states and the the people and states of the territory northwest of the river Ohio; excepting so much of said articles as relate to the boundaries of the states therein to be formed: And provided also, That it shall appear, from the enumeration directed to be made by the legislature of the said territory, that there are, within the proposed states, not less than 40,000 inhabi- tants.
§ 5. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one representative in the house of representatives of the United States.
§ 6. And be it further enacted, That the following propositions be and the same are hereby offered to the convention of the said territory of Illinois, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory, upon the United States and the said state :
First. The section numbered 16 in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the use of the inhabitants of such town- ship, for the use of schools. '
Second. That all salt springs within such state, and the land reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell nor lease the same for a longer period than 10 years, at any one time.
Third. That five per cent of the net proceeds of the lands lying within such state, and which shall be sold by congress, from and after the first day of January, 1819, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz .: two-fifths to be disbursed, under the direction of congress, in making roads leading to the state; the residue to be appropriated, by the legisla- ture of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.
Fourth. That 36 sections, or one entire township, which shall be designated by the president of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature: Provided always, That the four foregoing propositions, herein offered, are on the conditions that the convention of the said state shall provide, by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order, or under any authority of, the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale: And further, That the bounty lands
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