USA > Indiana > A history of Indiana from its exploration to 1850 > Part 14
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3 United States Statutes at Large, Eighth Cong., First Sess., ch. 38.
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tives, where it was objected to on account of expense in- volved.
The inhabitants of Detroit were encouraged by the vote of the Senate, and, when Congress met again petitions for separation were presented in each house. Again the Senate was favorable and the House of Representatives, influenced by a resolution from the Indiana Legislature, was opposed. regarding a separate government as a needless expense. In spite of this objection the House of Representatives finally passed the bill and it became a law January 11, 1805. In- diana Territory thus lost about one-third of its area.4
Scarcely had the settlers of Detroit secured a home gov- ernment before the settlers of Kaskaskia and Cahokia peti- tioned Congress for a like favor. They pleaded the same conditions as those that had prevailed at Detroit. A vast expanse of wilderness separated them from the capital at Vincennes. The power and influence of the Vincennes gov- ernment was almost a nullity by the time it reached Illinois. The present conditions were driving settlers out of the country while a firm government would increase immigra- tion and thereby stimulate land sales. There were 28,000 people in Indiana and over 2,700 men of voting age in Illi- nois.
Political conditions also lay back of some of the agitation. The people in the eastern part of Indiana favored the sep- aration, because they thought it would aid them in repealing an odious law permitting slavery, which had been recently enacted by the Territorial Legislature. They also hoped that when Randolph and St. Clair counties were out of the terri- tory they could change the Indiana capital to some point more accessible than Vincennes. The Indiana legislature, by a resolution of October, 1808, favored separation on ac- count of the lawlessness then existing in Illinois. On the other hand, Randolph county, in Illinois, opposed the sep- aration because it would increase its taxes.
The act of separation was signed by President Thomas Jefferson February 3, 1809. The two territories were di- vided by the Wabash river from its mouth to Vincennes,
4 United States Statutes at Large, Eighth Cong .. Sess. II. ch. 5.
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thence by a meridian line to Canada. Two more changes in boundary were made in the Enabling Act in 1816, but they did not affect territorial government.5
In 1800 all of what is now Indiana except the "Gore" was included in the county of Knox. It was soon found necessary to erect a new county over on the Ohio river. The new county was named Clark, after the conqueror of the Northwest, and proclaimed by Governor Harrison Feb- ruary 3, 1801. It was bounded on the west by Blue river up to the Vincennes Trail and from there by a meridian line to Driftwood Fork of White river. On the north, the boundary was that branch of White river which runs to- wards Fort Recovery and from the head spring by a direct line to the Fort. On the east it was bounded by the Green- ville Treaty line, and on the south by the Ohio river. The governor directed that the first court be held at Springville.
The Ohio Enabling Act, April 30, 1802, put the settlers of the Whitewater Valley in Indiana. They were at first placed in Clark county, but were not satisfied. The county seat was down at the Falls, which they thought too incon- venient. To accommodate these settlers the governor erect- ed the "Gore" into a new county by a proclamation dated March 7, 1803. The county seat was located at Lawrence- burg. This county was increasing in population rapidly. The only public lands in the territory for sale were in this county.6
ยง 30 INDIANA MADE A TERRITORY OF THE SECOND GRADE
PETITIONS for a change to a representative government began to reach the governor during the summer of 1804. The act organizing the territory gave the inhabitants the privilege of forming a legislative assembly whenever they desired. There had been some demand for the change ever since the organization but the men urging it were not al-
5 Annals, Ninth Cong., Second Sess., 590. The Committee reports are given in American State Papers, Misc., I, 945.
6 New counties were created by proclamation of the governor. The proclamation will be found in the Executive Journal under the date given in the text above.
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ways sincere. They had favored or opposed the change from the standpoint of their own personal interest.
Ever since Clark's Conquest, office-holding had been an attractive occupation in the Illinois and Wabash countries. For ten years dishonest men had had control and called their system of plunder a government. So grievous had been their rule that the French had petitioned to be relieved of free government and placed under an absolute commandant again. While Hamtramck commanded at Fort Knox these men were held in check, but when he left they again resumed their old practices.
The arrival of Harrison was awaited in fear by these men. Their fears were justified, for they soon learned that he came to govern. Some of the better men of this clique received offices from him, in which they rendered faithful service. The others formed an opposition which attacked the Harrison administration at every opportunity. As early as 1801 these malcontents were trying to create a party in favor of a representative government. They succeeded in arousing some interest, both at Vincennes and in Illinois. Harrison opposed the change at this time, but in 1804 he favored it.
The territory had made great progress in the three years. There was not much growth in wealth and population, but there was great progress otherwise. In 1801 the entire north bank of the Ohio river from the Greenville line to the mouth of the river was Indian land, except Clark's Grant. There was not an acre of government land for sale in the territory. By 1805 government land offices had been opened at Vincennes and Kaskaskia and an amount of land equal to the present area of Indiana was being surveyed and offered for sale to settlers. Immigrants were already crowding into the newly opened lands. A line of settlements and villages dotted the north bank of the Ohio from Lawrenceburg to Evansville, while clusters of settlements were already lo- cated high up the Whitewater, White and Wabash rivers.
As soon as Harrison was satisfied that there was a real demand for a representative government he ordered the sheriffs to hold elections in the various counties. The proc-
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lamation was given to the sheriffs August 4, and the elec- tion was set for September 11, 1804.
By December 5 returns were in from all counties except Wayne-Detroit. The proclamation did not reach this coun- ty in time to hold the election. Only four hundred votes were cast in the whole territory. Either the time or place of election was unknown in the distant counties or the people were not sufficiently interested to go to the polls. It was a busy time of the year for farmers, and the voting places were at the county seats, often from ten to fifty miles distant from the homes of many voters. Under the circumstances it is not surprising that only those in and near the county seats should vote.
It is impossible to see any great significance in the vote. No one has questioned the interpretation which the gover- nor placed upon it, that the people desired to pass to the rep- resentative stage of government, but some have tried to show that it was an expression on the slavery question. Randolph county, with thirty-four slaves, cast forty votes for the change and twenty-one against it. St. Clair county, with more slaves, cast fifty-nine votes against it and twenty- two in favor. Of the one hundred and seventy-five votes cast in Knox county all were in favor except twelve. This argues certainly that the governor gave his active influence in favor of the change. Dearborn county, still resenting the act that separated her from the State of Ohio and attached her to an unwieldy territory whose capital could hardly be found in the backwoods, gave her unanimous vote, only twenty-six, against the change. Clark county, which had led in the anti-slavery fight, favored the change by a vote of thirty-five to thirteen. The only possible significance is, that the distant counties opposed and the near ones favored.
The vote favored the change in government by a major- ity of one hundred and thirty-eight, and on the strength of this majority, Governor Harrison proclaimed the change December 5, 1804, thus ending the absolute rule of the gov- ernor and judges.7
Governor Harrison was one of the best territorial gov-
7 Executive Journal, under given dates.
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ernors ever sent out by the United States. Having come west in early manhood his tastes and ideals were western. His education and training raised him above the ordinary pio- neer. He avoided the Puritanic, Federalistic, infallible man- ner of Governor St. Clair, without falling into the opposite, hail-fellow manner of the low politician. His services in the army further cultivated his naturally generous nature. His marriage with the daughter of Judge Symmes brought him a competence and removed him from the temptations to land-jobbing and defrauding the Indians, practices which have disgraced our territorial governments. Possessing al- most military power, he never violated the expressed opinion of his constituents.
Governor Harrison's duties kept him away from Vin- cennes a large part of the time. In his absence the duties of the office fell chiefly on his secretary, John Gibson. The latter was a Pennsylvanian by birth, and, at the time of his appointment, was a veteran of sixty years. In the matter of training and experience he was well prepared for the duties of this backwoods post. He had served under Forbes at the capture of Fort Duquesne and under Governor Dunmore at the battle of Point Pleasant. During the Revolution he served with Washington. He had been commander of the Pennsylvania militia, had been a fur trader at Pittsburg for several years, and for a long period had lived among the Indians, becoming by marriage a brother-in-law to the elo- quent Logan, chief of the Mingoes. "The Journal of the Proceedings of the Executive Government of the Indian Ter- ritory," kept by Gibson, is the best record we have of terri- torial Indiana.
From the battle of Tippecanoe, November, 1811, to May, 1813, Gibson was acting-governor. At the last date he gave way to Gen. Thomas Posey, a companion in arms, and, at the time, a United States senator from Louisiana. Posey had been a soldier all his life, serving under Lord Dunmore against the Indians, as a colonel, during the Revolution, and with Wayne in the Maumee campaign against the north- western Indians. He was a Virginian by birth and would have moved to the Northwest Territory had not the law for-
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bidden slavery. He served as governor of Indiana until the territory became a State in 1816.8
Governor Harrison's duties as superintendent of Indian affairs occupied the larger part of his time. It was the policy of the national government, and the almost unani- mous desire of the western people that the public lands be opened to settlement. It is not to the discredit of the gov- ernor that the work of driving the Indians from the public domain in Indiana fell upon him. By a series of treaties,- the first at Vincennes, September 17, 1802, the second at Fort Wayne, June 7, 1803, the third at Vincennes, August 13, 1803, the fourth at Vincennes, August 18, 1804, the fifth at St. Louis, November 3, 1804, the sixth at Grouseland, near Vincennes, August 21, 1805, the seventh at Vincennes, De- cember 30, 1805, the eighth at Fort Wayne, September 30, 1809,-the governor succeeded in freeing most of the land in the territory south of the site of Indianapolis from In- dian claims. A reading of the long, meaningless speeches of the Indian orators, of the ceremonies and formalities of one of these conventions, will give an idea of the time, tact and patience spent in negotiations with the Indians.
As superintendent of Indian affairs it was his duty to regulate the trade with the natives. For this purpose he required each trader to take out a license designating the locality where he intended to trade. On account of the need of money in the territorial treasury, Governor Harrison asked permission to charge a fee for each license, but Con- gress refused on the ground that the taxing power properly belonged to the legislature. A list of these traders is given in another chapter.
The liquor traffic with the Indians was most troublesome. Less than six months after his arrival, the governor issued a proclamation forbidding any trader to sell liquor to the Indians in Vincennes. If the trader sold it at all, he must deliver it to the buyer at least one mile from town, or on the west side of the Wabash. The common thing with the trader was to lure the Indians to town, away from his
8 Heitman, Historical Register of Officers of the Continental Army, 333.
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friends, make him drunk, and rob him. In an effort at revenge the Indian usually committed some petty crime-an assault on some white man, destruction of property, such as killing hogs, burning fences or buildings,-which brought him within the reach of the law. But no law has ever regulated the liquor traffic. Driven from Vincennes, the traders, usually the most debased people on the frontier, next attempted to continue the whiskey traffic by visiting the Indians in their hunting camps, where there were ordi- narily only two or three men with their families. These were soon made drunk, and, under color of trade, robbed of their furs. August 31, 1801, the governor also forbade this and ordered all traders who violated the order to be arrested and their goods seized.
In memorials to the President, the governor pleaded for some effective means of arresting the whiskey plague among the Indians. His language in these memorials leaves no doubt as to the ravages of liquor among the savages. In a message to the first General Assembly he asked for authority to stop what he termed a "dreadful conflagration spreading misery and desolation" and threatening the ruin of the en- tire race. The first law passed by an Indiana legislature was a law regulating and restricting the sale of liquor to the Indians. Tecumseh and the Prophet both opposed the use of whiskey by their tribesmen, but the curse was not to be stayed by either white man or red. It went on until it inflamed the anger of the red men to the war point, and, more than all other causes, hindered their civilization.9
The next in importance of the governor's duties, and closely connected with his duties as superintendent of In- dian affairs, was providing for the defense of the settler. The militia law of the Northwest Territory had been in
9 Dawson's Life of Harrison, 73. seq. This was written in 1824 by Moses Dawson, editor of the Cincinnati Advertiser, and a warm personal friend of Harrison. The documents, which compose the larger part of volume, were furnished by Harrison. It is the most satisfactory treatise on the military life of the general. See also Laws of Indiana Territory, 1801-1806, reprinted by Throop and Clark, Paoli. Indiana, 1886; also Executive Journal of Indiana Territory; see also a History of the Late War, by an American, published at Baltimore, 1816. It is very rare.
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force at Vincennes ten years before the arrival of Harrison. This old system was completely reorganized by the act of December 13, 1799, which became the law for Indiana Ter- ritory. The Indiana territorial legislature December 5, 1806, amended it enough to make it conform to new condi- tions.
By this law every able-bodied citizen between the ages of eighteen and forty-five, except preachers and territorial officers, was required, within twenty days after settling in the county, to enroll with the captain of the company com- manding his district. Moreover, he was required to provide himself with musket, bayonet, two extra flints, knapsack, and pouch with twenty-four cartridges, twenty balls, and one-fourth pound of powder. All these but the knapsack must be brought to muster.
The militia were divided into divisions, brigades, regi- ments, battalions, and companies. These were all numbered and mustered according to number. A full company was regularly composed of sixty-four privates, though it could have any number between forty and eighty. Four com- panies were placed together to make a battalion; two bat- talions constituted a regiment; two to four regiments formed a brigade; and two brigades united to make a di- vision.
The commander of a division ranked as a major-general, and his staff as majors; the commanders of brigades were brigadier-generals; the commanders of regiments had the awkward legal title of lieutenant-colonels-commandants, but were in common parlance always called colonels. The bat- talions were always led by majors and the companies by captains. Besides its captain, each company had a lieuten- ant, an ensign, four sergeants, four corporals, one drummer, and a fifer. In addition to the field officers, there were an adjutant-general, who kept the records, made inspections and did other clerical work, a judge-advocate, orderlies, and a commissary officer.
From each battalion there was chosen a company of active young men between the ages of eighteen and twenty- eight, who drilled often and made all the lighter campaigns. These companies were variously called grenadiers, light in-
(12)
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fantry, or riflemen. From each brigade there was chosen a company of artillery, to consist of one captain, two lieu- tenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer, one fifer, and from twenty to thirty matrosses armed with fusees and twelve rounds of ammunition. From each brigade there was chosen a troop of horse, consisting of thirty to sixty privates with com- pany officers. Each had to equip himself with horse, sad- dle, bridle, saddlebags, boots and spurs, sabre, and a brace of pistols with ammunition. Each militiaman, of whatever rank, provided his own uniform according to official regu- lations.
Each county was supposed to furnish enough troops to organize a regiment. The regimental officers divided the county into districts, each of which furnished a company. If a district became too populous the county was redistricted and a new company formed. Each company of light troops mustered every two months, except in the winter. The battalion muster was held in April and the regimental mus- ter in October.
The musters occupied a single day, during which the troops were supposed to be under arms six hours. The roll call and inspection took place at 11:30 a. m. A system of fines, ranging from six dollars for a private to one hundred dollars for an officer, enforced attendance. The field offi- cers were called together much oftener for drill and instruc- tions. The manual of tactics prepared by Baron Steuben was the text book for this discipline.
The governor could call out the militia whenever he saw fit. It was provided by law that the various companies serve in turn but in an emergency the governor called out those nearest, even though they had just returned from service.
Muster days were the chief social occasions for the neighborhood. The families of the men attended, a dinner, preferably a barbecue, being served. The younger folks spent the day in dancing, while the elders of the community talked over affairs of common interest, usually politics. If there were any candidates, and there nearly always were,
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as elections occurred annually, they were busy on the ground. The effects of this militia law are noticeable in our history long after the law itself had fallen into disuse.
Next in importance to the executive in the territorial government was the supreme court. This was composed of three judges, first of whom were William Clark, Henry Van- derburg and John Griffin. Clark died in 1802 and was suc- ceeded by Thomas Terry Davis. Their work, as has been shown before, was difficult, and their support by the people doubtful. The pioneers did not share fully in that rever- ence for courts which is generally found among English- men. The delays and expenses of procedure often wore out their patience, causing them to take the law into their own hands. This mob spirit was oftenest shown against horse- thieves-the most hateful of pioneer criminals-many of whom were taken from the jails and hung.
The judges, together with the governor under the first grade, had constituted the law-making body of the territory. As a legislature they sat three times. The first session was from January 12 to January 26, 1801. Ten laws and reso- lutions were enacted. One year later, January 28 to Febru- ary 3, 1802, they met and enacted two laws. A third session closed March 24, 1803, after passing a law and a resolution. All of these laws were of the most routine kind, providing for raising revenue, directing the practices of courts and lawyers, regulating ferries and lawyer's fees.10
Besides their law-making duties the territorial judges sat at Vincennes as a court of appeal. In this capacity they were a final resort in all cases at law.
They also sat at Vincennes on the first Tuesdays of March and September as a general court of record, whose writs ran in the name of the United States, and which had cognizance of all capital cases. These cases were tried in the county where the crime was committed, and for this purpose the judges had to go on circuit.
This circuit court was the chief court of the county. Upon it fell the burden of upholding the power of the gov- ernment and teaching the people its supreme value. At its
10 Laws of Indiana Territory, passim.
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bar could be heard the speeches of the great lawyers who rode the circuit with the territorial judges, who, alone, could hold circuit court.
The courts described above were general or territorial courts. Below these were the county courts. Chief of these was the court of quarter sessions, which met at Vincennes, for Knox county, on the first Tuesdays of February, May, August and November. Three justices, one being of the quorum, held these courts and tried petty crimes and mis- demeanors.
Co-ordinate with the quarter sessions was the common pleas court. This, also, was a court of record and met four times annually at the same time and place as the quarter sessions. The same justices presided over both courts us- ually. Fines and costs assessed by these courts could be transferred to the oyer and terminer, or circuit court, and collected by the sheriff. The common pleas justices con- trolled the grand juries, and certified felonies to the higher courts for trial.
The county government under the judges was a simple form of the commissioner system. The township constable listed property, the commissioners levied the taxes, the treas- urer received and disbursed the money. The general super- visory power of the judges remained the same as under the Northwest Territory. The sheriff was at the head of the county administration, though the coroner was an officer of. importance. A county clerk and county recorder performed substantially the same duties as they do today.
Little record has come down to us of township govern- ment. The county judges were empowered to divide the counties, but justices were commissioned for the whole county. The constables, in listing property, were to observe township lines, but in the law of January 19, 1801, no men- tion is made of assessors to represent the townships in the meetings of the county board. This law assumed, however, that all counties were divided into townships.
The people took little part or interest in the territorial government during the period of the first grade. This was necessarily so. Had local self-government been imposed on
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the early settlers it would have been a grievous hardship. They were engaged in a struggle that demanded all their time and resources. The first grade was a military govern- ment pure and simple. It was extended to the people of Indiana as a favor and not imposed as a restriction. The people were given the right, by the act organizing the terri- tory, to assume the burdens of government as soon as they pleased, regardless of their numbers and the limitations set by the Ordinance of 1787.
It is not to be expected, therefore, that any scientific theory of government was applied. The scanty population, composed of widely different groups, separated by hundreds of miles of wilderness, could not be united under one effect- ive administration. Harrison's early administration was a temporary rule to protect the pioneers until such time as they should be able to assume the duties of self-government. There was no question of the prevalence of the New England plan or the Virginia plan of local government. A majority of the settlers of Indiana during its territorial days came immediately from the South, but it does not follow that they therefore reestablished southern institutions. It has been assumed by some writers that where the township is there the Puritan has been. The assumption is unwarranted. The township in some form has come wherever compact set- tlements of Englishmen have been made. And where these same people, in sparsely settled communities, have had no need for that expensive form of government they have es- tablished a county system. Expediency was the light that guided them. Officers have been chosen, and invested with power as social conditions made their services seem neces- sary.
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