USA > Indiana > Hamilton County > History of Hamilton County Indiana, her people, industries and institutions > Part 3
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found at the time of the Revolutionary War. It was made the seat of justice of Knox county when it was organized in 1790 and consequently it is by many years the oldest county seat in the state. It became the first capital of Indiana Territory in 1800 and saw it removed to Corydon in 1813 for the reason, so the. Legislature said, that it was too near the outskirts of civiliza- tion. In this oldest city of the Mississippi valley still stands the house into which Governor Harrison moved in 1804, and the house in which the Terri- torial Legislature held its sessions in 1805 is still in an excellent state of preservation. .
Today Vincennes is a thriving city of fifteen thousand, with paved streets, street cars, fine public buildings and public utility plants equal to any in the state. It is the seat of a university which dates back more than a century.
FIRST SURVEYS AND EARLY SETTLERS.
The next period in the history of the territory north of the Ohio begins with the passage of a congressional act ( May 20, 1785), which provided for the present system of land surveys into townships six miles square. As soon as this was put into operation, settlers-and mostly Revolutionary soldiers- began to pour into the newly surveyed territory. A second Ohio Company was organized in the spring of 1786, made up chiefly of Revolutionary officers and soldiers from New England, and this company proposed to estab- lish a state somewhere between Lake Erie and the Ohio river. At this junc- ture Congress realized that definite steps should be made at once for some kind of government over this extensive territory, a territory which now in- cludes the present states of Ohio, Indiana, Illinois, Michigan, Wisconsin and about a third of Minnesota. Various plans were proposed in Congress and most of the sessions of 1786 and the first half of 1787 were consumed in trying to formulate a suitable form of government for the extensive terri- tory. The result of all these deliberations resulted in the famous Ordinance of 1787, which was finally passed on July 13, 1787.
ORDINANCE OF 1787.
There have been many volumes written about this instrument of gov- ernment and to this day there is a difference of opinion as to who was its author. The present article can do no more than merely sketch its outline and set forth the main provisions. It was intended to provide only a tem- porary government and to serve until such a time as the population of the
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territory would warrant the creation of states with the same rights and privileges which the thirteen original states enjoyed. It stipulated that not less than three nor more than five states should ever be created out of the whole territory and the maximum number was finally organized, although it was not until 1848 that the last state, Wisconsin, was admitted to the Union. The third article, "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of educa- tion shall forever be encouraged," has given these five states the basis for their excellent system of public schools, state normals, colleges and uni- versities. Probably the most widely discussed article was the sixth, which pro- - vided that slavery and involuntary servitude should never be permitted within the territory and by the use of the word "forever" made the territory free for all time. It is interesting to note in this connection that both Indiana and Illinois before their admission to the Union sought to have this pro- vision set aside, but every petition from the two states was refused by Con- gress in accordance with the provision of the Ordinance.
FIRST STAGE OF GOVERNMENT UNDER THE ORDINANCE.
The ordinance contemplated two grades of territorial government. During the operation of the first grade of government the governor, his secre- tary and the three judges provided by the ordinance were to be appointed by Congress and the governor in turn was to appoint "such magistrates and other civil officers in each county and township as he shall deem necessary for the preservation of the peace and good will of the same." After the federal government was organized a statutory provision took the appoint- ment of these officers out of the hands of Congress and placed it in the hands of the President of the United States. All executive authority was given to the governor, all judicial authority to the three judges, while the governor and judges, in joint session, constituted the legislative body. This means that during the first stage of territorial government the people had absolutely no voice in the affairs of government and this state of affairs lasted until 1799, a period of twelve years.
SECOND STAGE OF GOVERNMENT UNDER THE ORDINANCE.
The second stage of government in the territory was to begin whenever the governor was satisfied that there were at least five thousand free male inhabitants of the age of twenty-one and above. The main difference be-
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tween the first and second stages of territorial government lay in the fact that the legislative functions were taken from the governor and judges and given to a "general assembly or legislature." The ordinance provided for the election of one representative for each five hundred free male inhabitants, the tenure of the office to be two years. While the members of the lower house were to be elected by the qualified voters of the territory, the upper house, to consist of five members, were to be appointed by Congress in a somewhat complicated manner. The house of representatives was to select ten men and these ten names were to be sent to Congress and out of this number five were to be selected by Congress. This provision, like the ap- pointment of the governor, was later changed so as to make the upper house the appointees of the President of the United States. The five men so selected were called councilors and held office for five years. .
INDIAN STRUGGLES (1787-1803).
The period from 1787 to 1803 in the Northwest Territory was marked by several bitter conflicts with the Indians. Just as at the close of the French and Indian War had the French stirred up the Indians against the Americans, so at the close of the Revolutionary War did the English do the same. In fact the War of 1812 was undoubtedly hastened by the depredations of the Indians, who were urged to make forays upon the frontier settlements in the Northwest Territory by the British. The various uprisings of the Indians during this critical period greatly retarded the influx of settlers in the new territory, and were a constant menace to those hardy pioneers who did ven- ture to establish homes north of the Ohio river. Three distinct campaigns were waged against the savages before they were finally subdued. The first campaign was under the command of Gen. Josiah Harmar (1790) and re- sulted in a decisive defeat for the whites. The second expedition was under the leadership of Gen. Arthur St. Clair (1791), the governor of the Territory, and was marked by one of the worst defeats ever suffered by an American army at the hands of the Indians. A lack of knowledge of Indian methods of warfare, combined with reckless mismanagement, sufficiently accounts for both disasters. It remained for Gen. Anthony Wayne, the "Mad Anthony" of Revolutionary fame, to bring the Indians to terms. The battle of Fallen Timbers, which closed his campaign against the Indians, was fought August 20, 1794, on the Maumee river within the present county of Defiance county, Ohio. This crushing defeat of the Indians, a rout in which they lost twelve out of thirteen chiefs, was so complete that the Indians were glad to sue for
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peace. On June 10, 1795, delegates from the various Indian tribes, headed by their respective chiefs, met at Greenville, Ohio, to formulate a treaty. A treaty was finally consummated on August 3, and was signed by General Wayne on behalf of the United States and by ninety chiefs and delegates of twelve interested tribes. This treaty was faithfully kept by the Indians and ever afterwards Little Turtle, the real leader of the Indians at that time, was a true friend of the whites. While there were several sporadic forays on the part of the Indians up to 1811, there was no battle of any importance with them until the battle of Tippecanoe in the fall of 1811.
ORGANIZATION OF THE NORTHWEST TERRITORY.
The first governor of the newly organized territory was Gen. Arthur St. Clair, a gallant soldier of the Revolution, who was appointed on October 5, 1787, and ordered to report for duty on the first of the following February. He held the office until November 22, 1802, when he was dismissed by Presi- dent Jefferson "for the disorganizing spirit, and tendency of every example, violating the rules of conduct enjoined by his public station, as displayed in his address to the convention." The governor's duties were performed by his secretary, Charles W. Byrd, until March 1, 1803, when the state officials took their office. The first judges appointed were Samuel Holden Parsons, James Mitchell Varnum and John Armstrong. Before the time came for the judges to qualify, Armstrong resigned and John Cleves Symmes was ap- pointed in his place. The first secretary was Winthrop Sargent, who held the position until he was appointed governor of Mississippi Territory by the President on May 2, 1798. Sargent was succeeded by William Henry Har- rison, who was appointed by the President on June 26, 1798, and confined by the Senate two days later. Harrison was later elected as the first dele- gate of the organized Northwest Territory to Congress and the President then appointed Charles Willing Byrd as secretary of the Territory, Byrd's appointment being confirmed by the Senate on December 31, 1799.
REPRESENTATIVE STAGE OF GOVERNMENT ( 1799-1803).
The Northwest Territory remained under the government of the first stage until September 16, 1799, when it formally advanced to the second or representative stage. In the summer of 1798 Governor St. Clair had ascer- tained that the territory had a population of at least five thousand free male inhabitants and, in accordance with the provisions of the Ordinance of 1787,
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was ready to make the change in its form of government. On October 29, 1798, the governor issued a proclamation to the qualified voters of the terri- tory directing them to choose members for the lower house of the territorial Legislature at an election to be held on the third Monday of the following December. The twenty-two members so elected met on January 16, 1799, and, pursuant to the provisions of the ordinance, selected the ten men from whom the President of the United States later chose five for the Legislative Council. They then adjourned to meet on September 16, 1799, but since there was not a quorum on that day they held adjourned sessions until the 23rd, at which time a quorum was present.
At the time the change in the form of government went into effect there were only nine counties in the whole territory. These counties had been organized either by the governor or his secretary. The following table gives the nine counties organized before 1799 with the dates of their organization and the number of legislators proportioned to each by the governor :
Date of
Number of
County.
Organization.
representatives.
Washington
July 27, 1788
2
Hamilton
January 4, 1790
-7
St. Clair
April 27, 1790
1
1
1
1
1
I
Knox
June 20, 1790
I
Randolph
October 5, 1795
I
Wayne
August 6, 1796
3
Adams
1
1
1
1
2
Jefferson
1
I
July 29, 1797
I
Ross
August 20, 1798
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FIRST TERRITORIAL LEGISLATURE OF NORTHWEST TERRITORY.
The twenty-two representatives and five councilors were the first rep- resentative body to meet in the Northwest Territory and they represented a constituency scattered over a territory of more than two hundred and sixty- five thousand square miles, an area greater than Germany or France, or even Austria-Hungary. It would be interesting to tell something of the delibera- tions of these twenty-seven sterling pioneers, but the limit of the present article forbids. It is necessary, however, to make mention of one important thing which they did in view of the fact that it throws much light on the subsequent history of the Northwest Territory.
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July 10, 1797
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DIVISION OF 1800.
The Legislature was authorized to elect a delegate to Congress and two candidates for the honor presented their names to the Legislature, William Henry Harrison and Arthur St. Clair, Jr., the son of the governor. The Legislature, by a joint ballot on October 3, 1799, elected Harrison by a vote of eleven to ten. The defeat of his son undoubtedly had considerable to do with the subsequent estrangement which arose between the governor and his legislature and incidentally hastened the division of the Northwest Terri- tory. Within two years from the time the territory had advanced to the second stage of government the division had taken place. On May 7, 1800, Congress passed an act dividing the Northwest Territory by a line drawn from the mouth of the Kentucky river to Fort Recovery, in Mercer county, Ohio, and thence due north to the boundary line between the United States and Canada. Governor St. Clair favored the division because he thought it would delay the organization of a state and thus give him a longer lease on his position, but he did not favor the division as finally determined. He was constantly growing in disfavor with the people on account of his overbearing manner and he felt that he would get rid of some of his bitterest enemies if the western inhabitants were set off into a new territory. However, the most of the credit for the division must be given to Harrison, who, as a dele- gate to Congress, was in a position to have the most influence. Harrison also was satisfied that in case a new territory should be formed he would be ap- pointed its first governor and he was not disappointed. The territory west of the line above mentioned was immediately organized and designated as Indiana Territory, while the eastern portion retained the existing govern- ment and the old name-Northwest Territory. It is frequently overlooked that the Northwest Territory existed in fact and in name up until March I, 1803.
CENSUS OF NORTHWEST TERRITORY IN 1800.
The division of 1800 left the Northwest Territory with only about one- third of its original area. The census of the territory taken by the United States government in 1800 showed it to have a total population of forty-five thousand three hundred and sixty-five, which fell short by about fifteen thou- sand of being sufficient for the creation of a state as provided by the Ordi- nance of 1787, which fixed the minimum population at sixty-thousand. The counties left in the Northwest Territory, with their respective population,
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are set forth in the appended table, all of which were within the present state of Ohio, except Wayne :
Adams
3,432
Hamilton
14,632
Jefferson
8,766
Ross
8,540
1
1
Trumbull
1,302
Washington
5,427
Wayne
3,206
Total
45,365
The population as classified by the census with respect to age and sex is interesting and particularly so in showing that considerably more than one- third of the total population were children under ten years of age.
Males.
Females.
Whites up to ten years of age.
9,362
8,644
Whites from ten to sixteen
3,647
3,353
Whites from sixteen to twenty-six
4,636
3,861
Whites from twenty-six to forty-five.
4,833
3,342
Whites forty-five and upward.
1,955
1,395
Total
24,433
20,595
Total of both sexes
45,028
Total of other persons, not Indians
337
Grand total
45,365
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The above table shows in detail the character and distribution of the population of the Northwest Territory after the division of 1800. It is at this point that the history of Indiana properly begins and it is pertinent to set forth with as much detail as possible the population of Indiana Territory at that time. The population of 5,641 was grouped about a dozen or more settlements scattered at wide intervals throughout the territory. The follow- ing table gives the settlements in Indiana Territory in 1800 with their re- spective number of inhabitants :
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Mackinaw, in northern Michigan 251
Green Bay, Wisconsin 50
Prairie du Chien, Wisconsin 65 1 1 1
Cahokia, Monroe county, Illinois 719
Belle Fontaine, Monroe county, Illinois 286
L'Aigle, St. Clair county, Illinois 250
Kaskaskia, Randolph county, Illinois 467
Prairie du Rocher, Randolph county, Illinois
212
Settlement in Mitchel township, Randolph county, Ill.
334
Fort Massac, southern Illinois 90
Clark's Grant, Clark county, Indiana 929
Vincennes, Knox county, Indiana 714
Vicinity of Vincennes (traders and trappers) 819
Traders and trappers at Ouitenon and Fort Wayne 155
Fur traders, scattered along the lakes 300
Of this total population of nearly six thousand, it was about equally divided between what is now Indiana and Illinois. There were one hun- dred and sixty-three free negroes reported, while there were one hundred and thirty-five slaves of color. Undoubtedly, this census of 1800 failed to give all of the slave population, and it is interesting to note that there were efforts to enslave the Indian as well as the negro.
All of these settlements with the exception of the one in Clark's Grant were largely French. The settlement at Jeffersonville was made in large part by soldiers of the Revolutionary War and was the only real American settlement in the Indiana Territory when it was organized in 1800.
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FIRST STAGE OF TERRITORIAL GOVERNMENT.
The government of Indiana Territory was formally organized July 4, 1800, and in a large book kept in the secretary of state's office at Indianapolis, there appears in the large legible hand of John Gibson the account of the first meeting of the officials of the Territory. It reads as follows :
"St. Vincennes, July 4, 1800. This day the government of the Indiana Territory commenced, William Henry Harrison having been appointed governor, John Gibson, secretary, William Clarke, Henry Vanderburgh & John Griffin Judges in and over said Territory."
Until Governor Harrison appeared at Vincennes, his secretary, John Gibson, acted as governor. The first territorial court met March 3, 1801,
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the first meeting of the governor and judges having begun on the 12th of the preceding January. The governor and judges, in accordance with the pro- visions of the Ordinance of 1787, continued to perform all legislative and judicial functions of the territory until it was advanced to the representative stage of government in 1805. The governor had sole executive power and appointed all officials, territorial and county.
CHANGES IN BOUNDARY LIMITS OF INDIANA.
During this period from 1800 to 1805, the territory of Indiana was con- siderably augmented as result of the organization of the state of Ohio in 1803. At that date Ohio was given its present territorial limits, and all of the rest of the Northwest Territory was included within Indiana Territory from this date until 1805. During this interim Louisiana was divided and the northern part was attached to Indiana Territory for purposes of civil and criminal jurisdiction. This was, however, only a temporary arrangement, which lasted only about a year after the purchase of Louisiana from France. The next change in the limits of Indiana Territory occurred in 1805, in which year the territory of Michigan was set off. The southern line of Michigan was made tangent to the southern extreme of Lake Michigan, and it so remained until Indiana was admitted to the Union in 1816. From 1805 to 1809 Indiana included all of the present states of Indiana, Illinois, Wiscon- sin and about one-third of Minnesota. In the latter year Illinois was set off as a territory and Indiana was left with its present limits with the exception of a ten-mile strip along the northern boundary. This strip was detached from Michigan and this subsequently led to friction between the two states, which was not settled until the United States government gave Michigan a large tract of land west of Lake Michigan. Thus it is seen how Indiana has received its present boundary limits as the result of the successive changes in 1803, 1805, 1809 and 1816.
SECOND STAGE OF TERRITORIAL GOVERNMENT ( 1805-1816.)
The Ordinance of 1787 provided that whenever the population of the territory reached five thousand free male inhabitants it should pass upon the question of advancing to the second or representative stage. Governor Har- rison issued a proclamation August 4, 1804, directing an election to be held in the various counties of Indiana territory on the IIth of the following month. In the entire territory, then comprehending six counties, there were
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only three hundred and ninety-one votes cast. The following table gives the result of this election :
County.
For Advance. Against Advance.
Total.
Clark
35
13
48
Dearborn
0
26
26
Knox
163
12
175
Randolph
40
21
61
St. Clair
22
59
81
Wayne
0
O
0
Total
260
131
391
It will be noticed that there is no vote returned from Wayne and this is accounted for by the fact that the proclamation notifying the sheriff was not received in time to give it the proper advertisement. Wayne county at that time included practically all of the present state of Michigan and is not to be confused with the Wayne county later formed within the present limits of Indiana. As result of this election and its majority of one hundred and twenty-nine in favor of advancing to the second stage of government, the governor issued a proclamation calling for an election on January 3, 1805, of nine representatives, the same being proportioned to the counties as follows : Wayne, three; Knox, two; Dearborn, Clark, Randolph and St. Clair, one each. The members of the first territorial legislature of Indiana convened at Vincennes on July 29, 1805. The members of the house were as follows : Dr. George Fisher, of Randolph; William Biggs and Shadrach Bond, of St. Clair; Benjamin Parke and John Johnson, of Knox; Davis Floyd, of Clark, and Jesse B. Thomas, of Dearborn. This gives, however, only seven repre- sentatives, Wayne county having been set off as the territory of Michigan in the spring of this same year. A re-apportionment was made by the governor in order to bring the quota of representatives up to the required number.
The Legislative Council consisted of five men as provided by the Ordin- ance of 1787, namely : Benjamin Chambers, of Dearborn; Samuel Gwath- mey, of Clark: John Rice Jones, of Knox; Pierre Menard, of Randolph, and John Hay, of St. Clair. It is not possible in this connection to give a detailed history of the territory of Indiana from 1805 until its admission to the Union in 1816. Readers who wish to make a study of our state's history can find volumes which will treat the history of the state in a much better manner
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than is possible in a volume of this character. It may be noted that there were five general assemblies of the Territorial Legislature during this period of eleven years. Each one of the five general assemblies was divided into two sessions, which, with the dates, are given in the appended table :
First General Assembly-First session, July 29, 1805; second session, November 3, 1806.
Second General Assembly-First session, August 12, 1807; second session, September 26, 1808.
Third General Assembly-First session, November 12, 1810; second session, November 12, 1811.
Fourth General Assembly-First session, February 1, 1813; second session, December 6, 1813.
Fifth General Assembly-First session, August 15, 1814; second session, December 4, 1815.
CONGRESSIONAL DELEGATES OF INDIANA TERRITORY.
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Indiana Territory was allowed a delegate in Congress from 1805 until the close of the territorial period. The first three delegates were elected by the Territorial Legislature, while the last four were elected by the qualified voters of the territory. The first delegate was Benjamin Parke, who was elected to succeed himself in 1807 over John Rice Jones, Waller Taylor and Shadrach Bond. Parke resigned March 1, 1808, to accept a seat on the supreme judiciary of Indiana Territory. and remained on the supreme bench of Indiana after it was admitted to the Union, holding the position until his death at Salem, Indiana, July 12, 1835. Jesse B. Thomas was elected Octo- ber 22, 1808, to succeed Parke as delegate to Congress. It is this same Thomas who came to Brookville in 1808 with Amos Butler. He was a tricky, shifty, and, so his enemies said, an unscrupulous politician. He was later elected to Congress in Illinois and became the author of the Missouri Compromise. In the spring of 1809 the inhabitants of the territory were permitted to cast their first vote for the delegate to Congress. Three candi- dates presented themselves for the consideration of the voters, Jonathan Jennings, Thomas Randolph and John Johnson. There were only four counties in the state at this time, Knox, Harrison, Clark and Dearborn. Two counties, St. Clair and Randolph, were a part of the new territory of Illinois, which was cut off from Indiana in the spring of 1809. The one newspaper of the territory waged a losing fight against Jennings, the latter appealing for
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