USA > Illinois > Illinois in 1818, 2nd ed > Part 20
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
224Intelligencer, August 21, 1816.
225 Ibid.
.
209
THE MOVEMENT FOR ADMISSION
the question of statehood was an issue in the election of this year, when Nathaniel Pope was selected to represent the terri- tory in congress.
About a year and a half later, in November, 1817, a move- ment for immediate transition to statehood was suddenly inau- gurated, and the man who was responsible was Daniel Pope Cook. Cook, who at this time was only twenty years old, had been appointed auditor of public accounts by the governor in January, 1816. About the same time he had purchased from Matthew Duncan the only newspaper then published in the ter- ritory, The Illinois Herald, and changed its name to The West- ern Intelligencer. Nominally he had continued as one of the editors of the paper until October, 1817, when it appeared under the names of Berry and Blackwell, each of whom in turn had been associated with Cook in its management.226 In February, 1817, Cook had gone to Washington, expecting to return in April, but while there he was offered an appointment to carry dispatches to John Quincy Adams in London and had accepted in the hopes that a sea voyage would improve his health.227 Re- turning to the United States in September, he had remained in Washington a few weeks on the lookout for a political opening. On September 25, he wrote to Governor Edwards: "As yet I do not know what I am to engage in. I can get a clerkship in the State department with a good salary, but I won't go into it; it is too confining. I shall know in a few days whether I go as Secretary of Alabama Territory or not. The President, it is feared, has made up his mind; if so, I shall fail; there is no situa- tion vacant at present for me but that." Then in a postscript he added: "I am not yet well. May it not be better for me to re- turn to Kaskaskia and wait for prospects in that country if I don't go to Alabama ?"228
226 James, Territorial Records, 40; Scott, Newspapers and Periodicals, 211- 212; Intelligencer, October 23, 1817.
227Washburne, Edwards Papers, 128; Cook to Edwards, March 6, 1817, in Chicago Historical Society manuscripts, 49:303. On April 5, Cook's part- ner, Robert Blackwell was appointed auditor in his place. James, Territorial Records, 47.
228Washburne, Edwards Papers, 135-14I.
210
ILLINOIS IN 1818
Failing to get the appointment desired, Cook returned to Illi- nois, arriving in Kaskaskia on November 18, 1817. There, in- stead of waiting for "prospects," he proceeded to make them. Two days after his arrival the following editorial appeared in the Intelligencer: "While we are laboring under so many of the grievances of a territorial, or semi-monarchial government, might not our claims to a state government be justly urged? That part of our territory which must ultimately form a state, will no doubt be willing to take the burthen of a state govern-
FLAX BRAKE [Original owned by W. O. Converse, Springfield]
ment upon themselves at this time, rather than submit any longer to those degredations [sic], which they have so long been compelled to put up with. We hope in our next to present to our readers, such a view of the subject as will induce our fellow citi- zens, as well as the legislature, to take such measures as will bring it before the national legislature, at their approaching season. We invite a discussion of the measure by such gentlemen as have, or will reflect on the subject."
This utterance, whether inspired by Cook or not was the prelude to a discussion of the subject in which he took the lead- ing part. In the next issue of the paper there appeared the ex- pected "view of the subject," written by Cook over the signature
211
THE MOVEMENT FOR ADMISSION
"A republican."223 Asserting that the population of the territory had "increased to a sufficient number to enable us to take into our own hands the reins of self-government" he proceeded "to enquire into the policy of our doing so, as well as the practicabil- ity of obtaining the sanction of the general government, to such a measure." Possible objections were first considered, one of which was the additional expense to the people which statehood would involve. The national government was paying salaries for Illinois territory to the amount of $6,200, a sum which in that day of small things was worthy of serious consideration. Cook could only hold out the forlorn hope that under state gov- ernment, officials might be prevailed upon to accept smaller sal- aries at first. Another objection considered was the ignorance of the population, which, he maintained, was based on the as- sumption that a large proportion of the people were French. This assumption he controverted by the claim that nine-tenths of the voters were Americans who, previous to coming to Illi- nois, had taken part in state government.
Turning from negative to positive arguments, the writer dwelt upon the advantages of state government. Not only would the legislature be freed from the absolute veto of the governor but it would become supreme in the internal affairs of the state. The reference here was to the inability of the territorial government to enforce the judicial act, the results of which were painted in lurid colors. "Crimes of the blackest dye, (even murder itself,) have defied its feeble powers and laughed in guilty triumph, at their suffering victims. Honest labor has had its bread taken out of its mouth, and injuries of all kinds have implored relief in vain." As Cook professed, in the following April, the de- moralized condition of the judiciary "was alone a sufficient rea- son for wishing for a state government."230
As to "the practicability of obtaining the sanction of the gen- eral government" for admission with a population less than the sixty thousand which under the ordinance would have given a
220 Intelligencer, November 27, 1817. For evidence of authorship see ed- itorial in ibid., April 15, 1818.
230 Ibid., April 22, 1818.
212
ILLINOIS IN 1818
right to statehood to Illinois, Cook was very sanguine. Such ad- mission would not, he maintained, "be inconsistent with the gen- eral interest of the confederacy." It would, moreover, have the positive advantage of relieving congress of the burden of legis- lating for the local concerns of the territory, while "the strength and respectability of the nation would be greatly augmented" by the opening up of "a new field for the enlargement of the human understanding." This was merely an oratorical way of stating that the change would give an added impetus to immigration. This Cook believed to be true because, "at present it is doubtful whether slavery will be tolerated when a state government is formed. And many on both sides of the question are remaining in the anxiety of suspense, to know how it will be settled. It is therefore desirable to settle the question at as early a period as possible, for the purpose of giving relief to those who are want- ing to emigrate to the territory."
Three days after this communication appeared in the Intelui- gencer, the legislature assembled in Kaskaskia; and on the fol- lowing day, December 2, 1817, Governor Edwards delivered his message to the two houses.231 The members "and the citizens at large" were congratulated "upon the flattering prospects which our astonishingly rapid increase of population affords that our present temporary government must soon give place to one more congenial to the principles of natural liberty." The governor's recommendation "for the purpose of facilitating this desirable event, and as preparatory thereto" was "to provide by law for taking the census of all the inhabitants of this territory, so that it may be laid before the legislature at its next session."
This would have been the ordinary procedure, but it was alto- gether too leisurely for those who were eager for immediate statehood. Daniel Pope Cook, having been elected clerk of the house of representatives was in a position to exert considerable influence ; and on the same day upon which the governor's mes- sage was delivered, the house resolved, upon the motion of Bradsby of St. Clair, "that a committee be appointed to draft a memorial to congress praying for this territory to be admitted
21Intelligencer, December 4, 1817.
213
THE MOVEMENT FOR ADMISSION
into the union, with all the rights and privileges of a state gov- ernment." Four days later, December 6, the memorial was adopted by the house, and on the tenth it received the approval of the council and was laid before the governor. The rapidity of its passage was possible only because of the lack of opposition, it being the "unanimous voice of our representatives from every. part of the territory, that are desirous to enter into a state gov- ernment."232
The memorial consists of two long paragraphs, of which the first has many points of similarity with the communication of "A republican" in the paper of November 27, and may well have been written by Cook. The territorial government is character- ized as "a species of despotism in direct hostility with the prin- ciples of a republican government" which "ought to exist no longer than absolute necessity may require it." The population is estimated at "not less than forty thousand souls" and the fit- ness for self-government of the citizens of the territory "mostly composed of those who have imigrated [sic] hither from the atlantic and western states" is pointed out. The second paragraph, probably the work of some mind more practical than Cook's, suggested a solution of the financial difficulty. Congress was asked "for a grant to the inhabitants of the state of the Lead Mines and Salt Springs; together with the lands adjoining, which have been reserved from sale within the limits of the state; also that section sixteen in each township reserved from sale, may be granted to the inhabitants of the township for the use of schools-also that a part of the net proceeds of the lands lying within the state, which may be sold by the authority of your honorable body may be appropriated to the laying out and making public roads; and finally for all such gifts and privileges as were made and given by the congress of the United States to the states of Ohio, Indiana and Mississippi, and upon the like con- ditions."
Two points of special interest present themselves in connection with this memorial. Would congress accept the unsupported statement that the territory had a population of forty thousand
232Intelligencer, December 4, 1I, 1817; manuscript journal of the legislative council, 1817-1818, in secretary of state's office.
214
ILLINOIS IN 1818
souls? Was the step contemplated really desired by the people of the territory? In answer to the first of these questions, Cook wrote in the Intelligencer of December II : "The census not hav- ing been taken certainly can make no difference, when, the rep- resentatives of the people from each county agree that there are 40,000 inhabitants-their information is the best except that which would be derived from actual enumeration .- The willing- ness of the people, with this strong evidence of their numbers, ought to secure the privilege prayed for." This tone of confi- dence in the young man just from Washington and high in the esteem of officials there, was probably an important factor in securing the immediate adoption of the memorial. On the sec- ond question, the memorial itself states that among the whole people "there is an unusual coincidence of sentiment as to the propriety of forming a state government," while the editors of the Intelligencer declared it to be "the first wish of the people." Yet the initiative certainly did not come from the people. The members of the legislature had all been elected in 1816, when the question of statehood was not an issue; and in 1817 the sub- ject was not broached in time for any adequate public discussion. Three weeks from the time of Cook's return to Kaskaskia and the first intimation of the movement in the newspaper, the memorial was ready to be sent to Washington.
The usual procedure would have been for this legislature to have provided for a census to be laid before the next legislative session, as recommended by the governor. The question of statehood would then have been an issue in the election of 1818, and the members of the next legislature could have acted on the subject with adequate knowledge of the population of the terri- tory and of the wishes of their constituents. Was there any reason for the haste with which the movement was put through other than the feverish energy of its youthful promoter and the desire for a "redress of colonial grievances?" The answer to this question may be sought in a study of the attempt made dur- ing this session to brand the system of indentured servitude in force in the territory as a violation of the Ordinance of 1787.
The indenture act of Indiana as revised in 1807 had continued
A
.
DANIEL POPE COOK [From original owned by Chicago Historical Socieyt]
-
.
215
THE MOVEMENT FOR ADMISSION
. in effect in Illinois by virtue of the resolution adopted by the governor and judges of Illinois territory in 1809, that "the laws of Indiana Territory of a general nature . . are still in force in this Territory."233 Although in Indiana the act had been repealed shortly after the separation, no attempt seems to have been made to repeal it in Illinois prior to the legislative session of 1817-1818. During the territorial period, however, especially as the northwestern counties filled up in the years after 1815, there was certainly a growing sentiment against the institution as it existed in the territory.234
To the men who represented that sentiment it may well have seemed in 1817 that the time had come to strike for freedom. A month or two before the inauguration of the movement for statehood in Illinois, petitions asking for admission to the union began to be circulated in Missouri. There was every reason to believe that Missouri would come in as a slave state, and if that should happen before Illinois was admitted, the existence of slavery there would be the strongest argument for allowing it in Illinois also. The passage of the slaveholding immigrants across Illinois to locate in Missouri was always galling to the people of Illinois, anxious as they were for the rapid develop- ment of the country. The opponents of slavery maintained, however, that its exclusion did not retard the development of the state, and it is quite possible that they felt that if Illinois could achieve statehood before her rival across the river, it would strengthen their argument. It was important, therefore, from the point of view of the antislavery men, that Illinois should become a state with a free constitution as provided by the ordinance before the constitution of Missouri should become a subject for discussion.
But these men could not be content with merely the oppor- tunity for Illinois to frame a constitution in accord with the ordinance as it was then interpreted. That would permit the continuance indefinitely of such slavery as existed prior to the adoption of the ordinance and especially of the system of in- dentured servitude. This, it is believed, is the explanation of
233 Alvord, Laws of the Territory, I. See above, p. 187.
234 See appendix, p. 319.
216
ILLINOIS IN 1818
the introduction in the house of representatives on December Io, the day before the final passage by the council of the memo- rial asking for statehood, of a bill, not only for the repeal of the law establishing the indenture system, but containing also a preamble declaring that law to be in contravention to the para- mount law of the land. Apparently the intention was to estab- lish the invalidity of the law in such a way and at such a time as to make it impossible for the constitutional convention to ignore the action. The bill, when introduced by Matheny, "gave rise to some warmth and animation of argument on both sides." Bradsby and Matheny, both of whom had been members of the committee of four which framed the statehood memorial, defended it and Dr. Fisher, the speaker, opposed it.
Bradsby was careful to ask that the question be considered as "envolving the enquiry, whether the legislature which passed the law which it is the object of this bill to repeal, exercised its legislative power within constitutional limits." The argument was, of course, that the action of a slave in indenturing himself to his master could not be considered as voluntary and conse- quently the whole system was "involuntary servitude" and a vio- lation of the ordinance. Emphasis was laid also upon the fact that this provision of the ordinance was one of the articles of compact "intended 'to fix and establish those principles as the basis of all laws, constitutions, and governments which forever hereafter shall be formed in this Territory.'" Fisher in reply contended that it was outside the province of the legislature to pass upon the constitutionality of a law. "If it be unconstitu- tional there is no necessity of our repealing it, it is of itself void, and requires no annulling act of the legislature .. The law was passed by a former legislature, and whether it is constitu- tional or not is for the judiciary to determine, and even if we believe it so, it is no violation of our oaths, to leave it to a tri- bunal having the power and authority to determine upon it. As it has stood so long I see no impropriety in leaving it to be settled by the convention who shall frame our constitution, which will not be long hence." Matheny in his reply to Fisher took the curi-
217
THE MOVEMENT FOR ADMISSION
ous position that the bill if passed, although it declared the in- denture act a violation of the ordinance, would "have no influ- ence on contracts that have been heretofore made, if such were its intended operation, it would be an expost facto law, and therefore unconstitutional."
Unfortunately the vote by which this bill passed the house is not available. On December 13, the bill was sent to the coun- cil, where it was twice debated in committee of the whole; and, on the seventeenth that body concurred without amendment. Those voting in favor of the measure were Amos of St. Clair, Grammar of Johnson, and Lofton of Madison; against it were Browne of Gallatin, and Menard of Randolph.235
Whatever may have been the attitude of Governor Edwards toward the institution of slavery, he was unwilling to approve the measure in the form which it had taken; and on January I, 1818, he returned the bill to the house in which it had originated, accompanied by his objections : "passing over minor objections to the preamble of the bill, and considering that the law, which I suppose it was intended to repeal, was enacted first, by the legislature of the Indiana Territory-that it was subsequently modified by the Governor and Judges of this Territory-that being so modified, it was re-enacted unanimously, by our general assembly, at its first session and has been acquiesced in, and sanctioned at every subsequent session: I cannot think it either proper, or necessary, to impute to our predecessors, a total disre- gard of their oaths, and an intentional violation of their duty; which I think is done by the preamble in question, and which also implies a great reproach and censure upon ourselves for having neglected to act upon the subject at our last session; for if we then entertained such sentiments, how can we answer it to our country? to our consciences? to our God, before whom we sol- emnly swore to endeavor to fulfil our duties? for not having attempted at least, to arrest an evil, which under insidious 'pre- tences, it was intended,' to fix upon our territory, to its great detriment, 'contrary to the ordinance, and to the feelings and
235 This whole discussion may be followed in the Intelligencer for Decem- ber, 1817, and January, 1818, and in the manuscript journal of the legislative council, 1817-1818, in the secretary of state's office.
218
ILLINOIS IN 1818
wishes of our fellow citizens.'" After declaring that questions of the validity of laws "ought rather to be left to the decision of the judiciary, to whose province it more peculiarly belongs," he proceeded to a long disquisition intended to prove that the indenture law in question was not a violation of the ordinance. In conclusion he pointed out that his remarks were "intended to apply to the question of legislative power, and not to the propriety, or expediency of its exercise, in the particular instance alluded to;" and finally, he declared himself "no advocate for slavery, and if it depended upon my vote alone, it should never be admitted in any state or Territory, not already cursed with so great an evil. I have no objection to the repeal which I sup- pose was intended."
Two weeks later, in his speech proroguing the legislature, the governor felt it necessary "for the purpose of preventing all possible misapprehension" to discuss the subject again. After stating that he had not desired to "defeat the measure, that was intended to be adopted," he pointed out that the "particular friends of the measure" might after his veto "have introduced and passed a bill less objectionable, and better calculated to effect the object that seemed to be so greatly desired." Or, he continued, "the object could have been completely effected by the passage of a bill to amend the law alluded to, by limiting the period of service to one year only."236 Such a measure would have confirmed the validity of the indenture system, and the failure of the legislature to take any further action after the veto indicates clearly that it was the preamble of the bill, the very part to which the governor objected, that the antislavery men had at heart.
The result of this antislavery movement in the last territorial legislative session, and of its failure, was the establishment of slavery as the dominant issue in the forthcoming campaign for delegates to the constitutional convention. In this the proslavery men had the advantage, for the extreme antislavery men by de- claring themselves so positively at the very beginning, left the whole of the middle ground to their opponents. They made it
280 Intelligencer, January 1, 13, 1818.
219
THE MOVEMENT FOR ADMISSION
necessary for those who sought only to keep conditions as they were to work together with advocates of unrestricted slavery. The line of argument to be followed was already indicated by Fisher in his speech against the repeal of the indenture law. Referring to the constitutional convention, he said: "We then perhaps may do something which will lead to a gradual emanci- pation of slavery in a partial degree, and so ultimately benefit them [the slaves] in their condition. For although I am opposed to slavery upon principle, yet I think if we can better their condi- tion and gradually emancipate them, by bringing them to our Territory, we are doing a laudable thing."237
Although the legislature had decided in favor of an appeal to congress for admission to the union without waiting for a census, some doubts were entertained apparently as to the will- ingness of congress to allow the movement to proceed without positive evidence as to the population of the territory. Toward the close of the session a law was enacted providing for a census of all the inhabitants. The enumeration was to begin April first and the returns, instead of being laid before the next legislature, as the governor had suggested, were to be deposited in the office of the secretary on or before June first. The commissioners were instructed "to take a list of all citizens, of all ages, sexes and colour, within their respective counties, particularly noting wheth- er white or black, and also noting particularly free male inhab- itants above the age of twenty-one years."288
Realizing apparently that its optimistic predictions as to popu- lation might not be fulfilled at so early a date as June first, the legislature enacted a supplementary law, the preamble of which suggested that "a great increase of population may be expected between the first day of next June and December following." In accordance with this preamble the act directed the commis- sioners to "continue to take the census of all persons who may remove into their respective counties between the first day of June and the first day of December next, succeeding; of which additional returns shall be made to the secretary's office, within
287 Intelligencer, December 18, 1817.
288 Laws of Illinois Territory, 1817-1818, p. 42-44.
220
ILLINOIS IN 1818
the first week in December next." In order to prevent unneces- sary expenditure, a provision was added "that no such addi- tional service shall be performed if congress should authorize the citizens of this territory to form a state government with- out it."239
One other action of this legislature is of interest in connec- tion with the movement for statehood. Between 1812 and 1818, seven counties, Edwards, White, Jackson, Pope, Monroe, Craw- ford, and Bond had been added by the legislature to the five existing when the second stage of territorial government was adopted. By acts of January 2, 1818, three new counties, Wash- ington, Franklin, and Union, were established, making a total of fifteen counties in Illinois in the year of admission. The significance of the establishment of new counties in 1818 lies in its bearing on the question of apportionment of delegates to the convention, for the practice had grown up in Illinois terri- tory of ignoring population to a considerable extent in the ap- portionment of members of the legislature. About the same time that bills for the new counties were passed by the two houses, a joint resolution was adopted authorizing representa- tives to be apportioned for a convention to form a permanent constitution. No copy of this resolution has been found, but it is probable that the apportionment section of the enabling act embodied its provisions.
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.