USA > Illinois > Illinois in 1818, 2nd ed > Part 27
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The question of apportioning members of the legislature until the first state census should be taken was the subject of the first report of the committee of five, presented August 15; it ulti- mately became section eight of the schedule. This provided for fourteen senators and twenty-six representatives specifically assigned to the different counties. One senator was allowed to each of the counties except Johnson and Jackson, which were to form a single senatorial district. An analysis of the apportion- ment of representatives, however, shows that it was based on the returns of the census just taken. One representative only was given to each county having less than two thousand inhabitants, two to each having between two and three thousand, three to each having over three thousand. When this report was finally adopted on the eighteenth, the only change was to link Johnson county with Franklin instead of Jackson for the election of a senator. This was a logical change as Franklin, next to John- son had the smallest population and, moreover, was contiguous to Johnson, whereas Jackson was not. The schedule contained also four sections of a miscellaneous character, which might more logically have been incorporated in the constitution proper. One of these, relating to appointments, has already been considered. Another, section fourteen, also nullified one of the provisions of the constitution proper-the provision requiring the lieutenant governor to have the same qualifications as the governor, includ- ing citizenship for thirty years. The section reads "any person of thirty years of age who is a citizen of the United States and has resided within the limits of this State two years next preceding his election, shall be eligible to the office of lieutenant- governor ; anything in the thirteenth section of the third article
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of this constitution contained to the contrary notwithstanding."295 Governor Ford's explanation of this section, doubtless correct, is that "Col. Pierre Menard, a Frenchman, and an old settler in the country, was generally looked to to fill the office of lieutenant governor ; but . he had not been naturalized until a year or so before."296 The legal complications which might have arisen, had Menard been called upon to fill the governor's office, would be an interesting subject for speculation.
Section four of the schedule determined the form of county government, which had been subject to frequent change during the territorial period;297 it directed that "there shall be elected in each county three county commissioners for the purpose of trans- acting all county business, whose time of service, power, and duties shall be regulated and defined by law." Section eleven made it obligatory upon the legislature "to enact such laws as may be necessary and proper to prevent the practice of duelling." This was proposed by Mr. Cairns in the form of a resolution on August 20 and later was incorporated in the schedule. Earlier in the same day Cairns had proposed another resolution directing the legislature to pass laws permitting the decision of differences by arbitrators. The settlement of all civil disputes in this man- ner had been advocated in one of the communications published in the Intelligencer before the convention assembled, but the reso- lution was rejected without a division. In this connection it is interesting to note that the first general assembly not only com- plied with the direction of the convention by passing a stringent law to prevent dueling, but also enacted another law "authorizing and regulating Arbitrations."298
The subject of the location of the capital of the state, which was dealt with in section thirteen of the schedule as finally
25Thorpe, Constitutions, 2:985. This section must have been incorporated just at the close of the convention as there is no record of it in the only available copy of the "Journal."
296Ford, History of Illinois, 26.
297 See ch. 7, above, p. 194-195, 197-198.
288 Laws of 1819, p. 32, 71-73. The former was modeled on an act passed by the governor and judges, April 7, 1810; the latter was copied from the Indiana code of 1807. Alvord, Laws of the Territory, 25-27; Laws of the Indiana Territory; 1807, p. 175-179; Pope's Digest, I :122-127; Intelligencer, July 10, 1818.
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adopted, occupied a large amount of the convention's time and was more bitterly contested than any other question, excepting that of slavery. The decision of this question was no necessary part of the convention's work and might well have been left to the future. As has been noted the memorial asking for state- hood failed to request, and the enabling act failed to grant land for a capital site, and there is no evidence that the question was raised at all during the convention campaign. A writer well versed in the traditions which have come down from that period of Illinois history claims that "there was no demand for that change at that time by the people, or by any public exigency. It was premature and unnecessary, and was concocted and consum- mated by a lot of speculators who expected to reap large profits in building up the new capital."299 The question appears to have come up as a result of "sundry propositions in writing, offering donations to the state of land &c. from the proprietors of Pope's bluff, Hill's ferry, and Covington."300 These places were all sit- uated on the Kaskaskia river and north of the base line of the government surveys. No attempt was made in the convention to remove the capital to any other specific place, although the proprietors of other towns undoubtedly entertained, or had enter- tained designs upon it. An example is Ripley, situated in Bond county on Shoal creek, a branch of the Kaskaskia, which had been advertising its advantages in the Intelligencer. Among the attractions enumerated was this: "Its central and eligible situa- tion in the territory gives rise to a strong presumption, that it will at no distant period become the seat of government."301 Ripley appears to have withdrawn in favor of Hill's Ferry, for one of the men connected with the speculation was Abraham Prickett, the member of the convention who proposed that Hill's Ferry be selected as the capital site.
Of the three towns presenting proposals, the only one which apparently had any population at the time was Covington, the county seat of the recently organized Washington county. Since
299Snyder, Adam W. Snyder, 39-40.
300"Journal," p. 51, in Illinois State Historical Society, Journal, 6:403.
801 Intelligencer, June 3, 1818.
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May a prospective sale of town lots had been advertised by the proprietors, who called attention especially to the situation of the town "near the centre of the territorial population, and . surrounded by a rich beautiful and extensive tract of country ; the site is high, dry and healthy, extending one mile on the margin of the Kaskaskia river, the navigation of which, is good from thence to its confluence with the Mississippi, a distance of one hundred and twenty miles. The roads from any landings on the Ohio river, between the mouth of the Wabash and Frazier's ferry to Edwardsville, St. Louis, and the principal set- tlements in the Missouri territory, must inevitably pass through this town, by which the advantage of excellent roads will be obtained, and the distance in comparison with the roads now in use diminished more than 15 miles." With the issue of the Intelligencer of July 29, the advertisement announced that an auction of town lots would begin the fourth Monday in Septem- ber. No mention was made, however, of any possibility that the town might be selected for the state capital.
Hill's Ferry was located where the Vincennes road crossed the Kaskaskia river in what is now Clinton county-the site of the present town of Carlyle. In 1818, the log cabin of the man who kept the ferry is said to have been the only house on the site. The desirability of the location had been recog- nized, however, and the land on both sides of the river had been entered by non-resident speculators. In 1816 Charles Slade bought from John Hill the quarter section on which the ferry was located and before 1818 he entered the remainder of that section and a large part of the adjoining one. Not until Septem- ber was the place advertised under the name Carlyle. Then its attractions were set forth as follows :
THIS TOWN is beautifully situated on the west bank of the Kaskaskia river, at the well known crossing of Hill's Ferry-The great notoriety of this situation renders it necessary for the proprietors to state but a few facts relative thereto-That the site is singularly advantageous, being at the head of navigation for boats of any considerable burthen, the river diminishing in size after losing the Hurricane and east forks which
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empty themselves into the Kaskaskia a few miles above, having the great United States road from Vincennes to St. Louis, the roads from Shawaneetown, the Saline and the Ferries on the lower Ohio, to the mouth of Missouri and the great Sangamo country passing thro' its principal street, being high and airy, affording most excellent spring and well water, and being surrounded by a country so rich and so equally diversified with wood and prairie as at once to invite and insure a crouded populatron [sic].302
Pope's Bluff was still farther north on the Kaskaskia river, in the southwestern part of Bond county. The southern half of the section was entered in 1816 by Nathaniel Pope, and just two days after the site was proposed for the capital in the convention, sections thirteen and fourteen and the remainder of section fifteen were entered by the firm of "Pope, Messenger and Stephen- son." The motion to accept the propositions of the proprietors of Pope's Bluff came from Leonard White, who, though a repre- sentative from Gallatin county, was in close touch with these members of the Edwards faction. The place was not adver- tised in the Intelligencer either before or after the convention.
The offers of land from the proprietors of each of these three places were laid before the convention by the committee of five on Tuesday, August 18. At the opening of the session on Thursday, it was resolved, on motion of Mr. Kitchell, "that it is expedient at this time to remove the seat of government from the town of Kaskaskia." Mr. Gard of Edwards county at once offered a resolution for the appointment of a committee of five "to view the sites on the Kaskaskia river, above the base line, and report to the next general assembly." The convention had no intention of leaving the decision to the legislature, how- ever, and the resolution was voted down. Bankson of Washing- ton then offered a resolution for the location of the capital at Covington but that also was rejected. Then Kane proposed, with no more success, "that the seat of government be located at the town of Kaskaskia five years." After resolutions in favor
802 History of Marion and Clinton Counties, 52, 174; land office records in Springfield ; Intelligencer, September 9, 1818.
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of Pope's Bluff and Hill's Ferry had been offered and rejected, Kane tried again with a resolution "that the seat of government be located for four years at the town of Kaskaskia, after which time, the general assembly shall have power to remove the same." This was also rejected as was another resolution, proposed by Hubbard for the appointment of commissioners "to examine the geographical situation of the state, taking into view the popula- tion thereof, and the eligibility of the most prominent, and as they may conceive the most convenient places and report the same to the next session of the general assembly, who may either reject the whole or select some one from among the places reported, for the seat of government for this state." It seemed to be impos- sible to reach an agreement and the convention, in desperation, postponed further consideration of the question.
The next day, Friday the twenty-first, Gard offered a resolu- tion evidently designed to take the whole question of the location of the capital out of the field of private speculation. He pro- posed to make it "the duty of the general assembly at their first session to petition congress for the right of pre-emption of four sections of land on the Kaskaskia river as near as may be, east of the third principal meridian on said river, to be selected by
five commissioners. If the grant should be made, it shall be the duty of the aforesaid assembly, at their next session after the grant is made, to lay out a town, which shall be the permanent seat of government for the state of Illinois, but if the grant should not be made by congress, in that case it shall be the duty of the general assembly to fix on some other place, that they shall think best for that seat." This resolution was carried by vote of 18 to 13, and on Saturday it passed second reading without a division. At third reading on Monday Gard offered a substitute elaborating some of the details and directing that congress be requested either to grant the land to the state or to allow it the right of preemption. White then moved to strike out all except the first sentence of the substitute, which read: "The seat of government for the State shall be at Kaskaskia until the general assembly shall otherwise provide." This would have given the speculators another chance before the legislature, but the motion
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was lost by vote of 15 to 16, "the president refusing to vote in the affirmative." Kane then moved to amend the substitute so as to make the proposed site the seat of government for twenty years, instead of permanently, and this was carried by vote of 25 to 6, after which the substitute was adopted and incorporated in the schedule without a division.
The reason for requiring the proposed site of the capital to be located east of the meridian seems to have been to get it on unsur- veyed and unentered lands so that the state instead of individuals might reap the profits from the sale of lots. Such a location would be far from the settled parts of the state for some time, however, and it is not strange that the scheme called forth pro- tests. One of these took the form of a remonstrance counter to the petition which the first legislature sent to congress in con- formity with the instructions of the convention. This declared that "the proposed seat of government is not in a central situa- tion. Neither is it in the centre of the population, nor is there any probability that it ever will be so. Situated on the Kas- kaskia river, far above the head of navigation, in a part of the country, which, as we are credibly informed, is naturally un- healthy, the only inducements which people can have to settle in such a town must be derived from a biennial session of a General Assembly composed of forty-two members! Is it possible, we ask, that the legislature can be accommodated at such a place and under such circumstances, without putting the state to an expense which will greatly outweigh all the profits to be derived from a beggarly speculation in village lots ?"303
The contest in the convention over the location of the capital is the only one in which the territorial factions appear to have played a part. An examination of the votes does not show, as might have been expected, an alignment of the northern against the southern counties. It shows, on the other hand, such men as White, Stephenson, and Messinger, recognized members of the Edwards faction, working together to promote a scheme for land speculation, in which they were defeated by the votes of such men as Kane, Thomas, and Jones, well-known opponents
808 House Files, December 9, 1818.
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of the Edwards group. The contest moreover, illustrates clearly the fact that the leaders of one of these factions at least were bound to each other by business as well as by political ties.
When the first constitutional convention of Illinois completed its work on August 26, 1818, it had been in session twenty-one days. Nine days had passed before the draft of the constitution was available for consideration. In the twelve remaining days much time was devoted to a question which did not concern the frame of government, yet in that short period the representatives of the people of Illinois discussed and determined the varied fea- tures of the instrument which was to be the fundamental basis of the government of the state for thirty years. It was not custom- ary at that time to submit constitutions to a vote of the people and no suggestion of such a procedure appears to have been made. On the whole, however, the people were probably satis- fied with the work of the convention. The inhabitants of Kas- kaskia indicated their approval by a celebration which the Intel- ligencer of September 2 described as follows :
On Wednesday last, the constitution for the state of Illinois, was signed, and the convention adjourned sine die. On this important occasion, the citizens of the town assembled to fire a federal salute to perpetuate the remembrance of the day when our constitution was signed and sealed. As many of the independent com- pany of the town as were requisite to man the field piece, appeared at the capitol, in uniform, with their colours flying, (being the flag of the union as adopted by the last act of congress,) accompanied by the prin- cipal field officers. Upon the signing of the constitu- tion, and the convention being about to adjourn they were invited by the committee of arrangements to join in the feu de joie.
The field piece was placed in front of the capitol, the military officers a few paces in its rear-the governor, secretary, delegate to congress, and most of the terri- torial officers, accompanying the members of the con- vention, took their positions a few paces in the rear : The salute was commenced-20 rounds were fired, and one for the new state of Illinois, which was accom- panied by the following pledge, from the independent corps :
The
Sco
the Ilinois Territory, having the right of admission in- to the general government as a member of the union, consist- out with the Constitution of the Whited states, the Bilinance of bonguys of 1187, and the Land of Congress " Approved April 18th, 1818." entitled " An act to enable the people of the Illinois Jevictory to form a Constitution and State Government, and for the admission of auch state into the union on an equal. footing with the original states and for other purposes," in or. der to establish justice. promote the welfare and secure the blefs- ings of liberty to themselves and their posterity. Do by their. ryanisentalives in convention Orbain o Lolablish the following
onstitution
on Form of Government, and de mutually agree with each other to for themselves interface and independent state by the name of the
fate of Illinois.
And they do hereby notify the boundaries assigned to such state by the act of Congress forsaid , which are as follows, to wil: eginning at the mouth of the Wabash river ; thence of the saint and with the line of Indiana to the northwest corner of said state ; thence cast with the line of the same state to the mid- dle of lake Michigan : theus nout along the middle of said, lafer te north latitude forty two degrees and thirty minutes; then es west to the middle of the Mifilippinive ; and chance down along the middle of that river to its confluence with the Ohio
[Photograph from the original text of the Constitution in office of the Secretary of State, Springfield]
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FRAMING THE CONSTITUTION
'Under these colours, we pledge ourselves to support the constitution of Illinois.'
This was truly a proud day for the citizens of Illinois -a day on which hung the prosperity and hopes of thousands yet to follow-a day which will long be remembered & spoken of with enthusiastic pride; as a day connected with the permanent prosperity of our literary, political and religious institutions-as the main pillar in the edifice of our state independence, and justly the basis of our future greatness.
The united exertions of our representatives have fur- nished us with a wise and republican constitution- distributing to all classes their just rights. It now behoves us as faithful citizens to protect it from encroachment: And in the language of the immortal Washington, to cherish a cordial and immovable attach- ment to it-accustoming ourselves to think and speak of it as the palladium of our political safety & prosper- ity-watching for its preservation with jealous anxiety -discountenancing whatever may suggest even a sus- picion that it can in any event be abandoned.
CHAPTER XI
A STATE IN THE UNION
The first election of state and county officers in Illinois took place on September 17-19, 1818, as provided for in the consti- tution. The campaign for state officers was necessarily a brief one, for not until the convention met was it known whether or not it could or would proceed to form a state government, and not until the convention had accomplished its work was it known just what officers were to be elected. The interest in the elec- tion, however, centered not in the choice of state and county officers but in that of a representative to congress, and for this there had been a long campaign. The Intelligencer of April 22, 1818, announced for Mr. Pope "his determination to retire from public life." Two weeks later, May 6, the paper announced Daniel P. Cook "a candidate for Congress to repre -. sent us in the Lower House," and on May 20 it stated that John McLean of Shawneetown was "a Candidate for Congress to represent the people of this territory in the next Congress of the United States." The form of the announcements would indicate that these men were candidates for either territorial delegate or state representative as events might determine, and on June 10, when it was very doubtful if the requisite population for statehood could be found, the paper made an authorized statement that Cook would "cheerfully serve" in the capacity of delegate. The following week Shadrach Bond was announced as "a Candidate for Delegate to Congress from this territory."
Cook and McLean, although they had been in the territory but three or four years, were identified with the Edwards and anti-Edwards factions respectively. Both were young and clever lawyers. Bond, on the other hand, was at least twenty
(294)
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years older than either of his opponents and had been in Illinois for twenty-four years. He was a farmer, with only average education and ability, but from an early period he had been popular with the voters. They had kept him in the Indiana legislature as long as Illinois was a part of that territory, and at the first election in Illinois they gave him the highest office in their power, that of delegate to congress. Although identi- fied with neither of the territorial factions, he was better known on both sides of the territory than either Cook or McLean and his chances for election were very good. Cook's address "to
BUILDING IN WHICH TERRITORIAL LEGISLATURE FIRST MET IN KASKASKIA [Drawing owned by Chicago Historical Society]
the electors of Illinois," written July first, indicates that he considered Bond the most dangerous rival. In one place he says: "You are gravely told, fellow citizens, that I am too young to represent you . if men who have but just passed the age of 25, are better qualified than men of 45, the public interest is consulted and promoted by their election," and in another: "A distinction fellow citizens, is attempted to be made, between farmers and lawyers." A month later he wrote to Edwards from Golconda : "McLean it is said, will beat Bond four to one in Crawford, Edwards, White, and Gallatin."30+ Evidently the wish was father to the thought and Cook preferred
804 Intelligencer, July 8, 1818; Washburne, Edwards Papers, 145.
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that the voters of the eastern counties, where he could expect little support, should cast their ballots for McLean rather than for Bond.
In the middle of August, when statehood was practically assured, election to congress became much more desirable. Yet it was just at this time that Bond dropped out of the race. In the Intelligencer of August 19 he addressed "The Citizens of the Illinois Territory" as follows: "The formation of a con- stitution, and the organization of a state government, will put an end to the office of delegate to the Congress of the United States: I wish therefore, no longer to be considered a candidate for that appointment. Repeated and numerous applications have been made to be [sic] me, to become a candidate for the office of Governor of the NEW STATE. It is my pleasure and duty to yield to this expression of the public wish. Should my fellow- citizens, therefore, think proper to elect me to this important station, I promise them diligence and fidelity in the performance of the duties thereby enjoined." While no positive evidence is available on the subject, it is fair, to assume that the "repeated and numerous applications" came in part at least from friends of Cook and McLean who were anxious to get Bond out of the race for congress. The failure of either of the factions to put up a candidate for governor against Bond would indicate that there was an understanding on the subject.
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