USA > Indiana > Marshall County > History of Indiana : containing a history of Indiana and biographical sketches of governors and other leading men. Also a statement of the growth and prosperity of Marshall County, together with a personal and family histry of many of its citizens, Vol. I > Part 6
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In this manner border war continued between Americans and their enemies, with varying victory, until 1783, when the treaty of Paris was concluded, resulting in the establishment of the inde- pendence of the United States. Up to this time the territory now included in Indiana belonged by conquest to the State of Virginia; but in January, 1783, the General Assembly of that State resolved to cede to the Congress of the United States all the territory north- west of the Ohio. The conditions offered by Virginia were accepted by Congress Dec. 20, that year, and early in 1784 the transfer was completed. In 1783 Virginia had platted the town of Clarksville, at the falls of the Ohio. The deed of cession provided that the territory should be laid out into States, containing a suita- ble extent of territory not less than 100 nor more than 150 miles square, or as near thereto as circumstances would permit; and that the States so formed shall be distinct Republican States and admitted members of the Federal Union, having the same rights of sovereignty, freedom and independence as the other States. The other conditions of the deed were as follows: That the necessary and reasonable expenses incurred by Virginia in subduing any British posts, or in maintaining forts and garrisons within and for the defense, or in acquiring any part of the territory so ceded or relinquished, shall be fully reimbursed by the United States; that the French and Canadian inhabitants and other settlers of the Kas-
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kaskia, Post Vincennes and the neighboring villages who have pro- fessed themselves citizens of Virginia, shall have their titles and possessions confirmed to them, and be protected in the enjoyment of their rights and privileges; that a quantity not exceeding 150,- 000 acres of land, promised by Virginia, shall be allowed and granted to the then Colonel, now General, George Rogers Clark, and to the officers and soldiers of his regiment, who marched with him when the posts and of Kaskaskia and Vincennes were reduced, and to the officers and soldiers that have been since incorporated into the said regiment, to be laid off in one tract, the length of. which not to exceed double the breadth, in such a place on the northwest side of the Ohio as a majority of the officers shall choose, and to be afterward divided among the officers and soldiers in due proportion according to the laws of Virginia; that in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland river, and between Green river and Ten. nessee river, which have been reserved by law for the Virginia troops upon Continental establishment, should, from the North Carolina line, bearing in further upon the Cumberland lands than was expected, prove insufficient for their legal bounties, the defi- ciency shall be made up to the said troops in good lands to be laid off between the rivers Scioto and Little Miami, on the northwest side of the river Ohio, in such proportions as have been engaged to them by the laws of Virginia; that all the lands within the ter- ritory so ceded to the United States, and not reserved for or appro- priated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia included, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide dis- posed of for that purpose and for no other use or purpose whatever.
After the above deed of cession had been accepted by Congress, in the spring of 1784, the matter of the future government of the territory was referred to a committee consisting of Messrs. Jeffer- son of Virginia, Chase of Maryland and Howell of Rhode Island, which committee reported an ordinance for its government, provid- ing, among other things, that slavery should not exist in said terri- tory after 1800, except as punishment of criminals; but this article of the ordinance was rejected. and an ordinance for the temporary
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government of the county was adopted. In 1785 laws were passed by Congress for the disposition of lands in the territory and pro- hibiting the settlement of unappropriated lands by reckless specu- lators. But human passion is ever strong enough to evade the law to some extent, and large associations, representing considerable means, were formed for the purpose of monopolizing the land busi- ness. Millions of acres were sold at one time by Congress to asso- ciations on the installment plan, and so far as the Indian titles could be extinguished, the work of settling and improving the lands was pushed rapidly forward.
ORDINANCE OF 1787.
This ordinance has a marvelous and interesting history. Con- siderable controversy has been indulged in as to who is entitled to the credit for framing it. This belongs, undoubtedly, to Nathan Dane; and to Rufus King and Timothy Pickering belong the credit for suggesting the proviso contained in it against slavery, and also for aids to religion and knowledge, and for assuring for- ever the common use, without charge, of the great national high- ways of the Mississippi, the St. Lawrence and their tributaries to all the citizens of the United States. To Thomas Jefferson is also due much credit, as some features of this ordinance were embraced in his ordinance of 1784. But the part taken by each in the long, laborious and eventful struggle which had so glorious a consum- mation in the ordinance, consecrating forever, by one imprescript- ible and unchangeable monument, the very heart of our country to Freedom, Knowledge, and Union, will forever honor the names of those illustrious statesmen.
Mr. Jefferson had vainly tried to secure a system of government for the Northwestern territory. He was an emancipationist and favored the exclusion of slavery from the territory, but the South voted him down every time he proposed a measure of this nature. In 1787, as late as July 10, an organizing act without the anti- slavery clause was pending. This concession to the South was expected to carry it. Congress was in session in New York. On July 5, Rev. Manasseh Cutler, of Massachusetts, came into New York to lobby on the Northwestern territory. Everything seemed to fall into his hands. Events were ripe. The state of the public credit, the growing of Southern prejudice, the basis of his mission, his personal character, all combined to complete one of those sudden
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and marvelous revolutions of public sentiment that once in five or ten centuries are seen to sweep over a country like the breath of the Almighty.
Cutler was a graduate of Yale. He had studied and taken de- grees in the three learned professions, medicine, law, and divinity. He had published a scientific examination of the plants of New England. As a scientist in America his name stood second only to that of Franklin. He was a courtly gentleman of the old style, a man of commanding presence and of inviting face. The Southern members said they had never seen such a gentleman in the North. He came representing a Massachusetts company that desired to purchase a tract of land, now included in Ohio, for the purpose of planting a colony. It was a speculation. Government money was worth eighteen cents on the dollar. This company had collected enough to purchase 1,500,000 acres of land. Other speculators in New York made Dr. Cutler their agent, which enabled him to represent a demand for 5,500,000 acres. As this would reduce the national debt, and Jefferson's policy was to provide for the public credit, it presented a good opportunity to do something.
Massachusetts then owned the territory of Maine, which she was crowding on the market. She was opposed to opening the North- western region. This fired the zeal of Virginia. The South caught the inspiration, and all exalted Dr. Cutler. The entire South ral. lied around him. Massachusetts could not vote against him, be- cause many of the constuitents of her members were interested personally in the Western speculation. Thus Cutler, making friends in the South, and doubtless using all the arts of the lobby, was enabled to command the situation. True to deeper convic- tions, he dictated one of the most compact and finished documents of wise statesmanship that has ever adorned any human law book. He borrowed from Jefferson the term "Articles of Compact," which, preceding the federal constitution, rose into the most sacred char- acter. He then followed very closely the constitution of Massa- chusetts, adopted three years before. Its most prominent points were:
1. The exclusion of slavery from the territory forever.
2. Provision for public schools, giving one township for a semi- nary and every section numbered 16 in each township; that is, one thirty-sixth of all the land for public schools.
3. A provision prohibiting the adoption of any constitution or the enactment of any law that should nullify pre-existing contracts.
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Be it forever remembered that this compact declared that "re- ligion, morality, and knowledge being necessary to good govern- ment and the happiness of mankind, schools and the means of edu- cation shall always be encouraged." Dr. Cutler planted himself on this platform and would not yield. Giving his unqualified dec- laration that it was that or nothing,-that unless they could make the land desirable they did not want it,-he took his horse and buggy and started for the constitutional convention at Philadelphia. On July 13, 1787, the bill was put upon its passage, and was unani- mously adopted. Thus the great States of Ohio, Indiana, Illinois, Michigan and Wisconsin, a vast empire, were consecrated to free dom, intelligence, and morality. Thus the great heart of the nation was prepared to save the union of States, for it was this act that was the salvation of the republic and the destruction of slavery. Soon the South saw their great blunder and tried to have the compact repealed. In 1803 Congress referred it to a committee, of which John Randolph was chairman. He reported that this ordinance was a compact and opposed repeal. Thus it stood, a rock in the way of the on-rushing sea of slavery.
The " Northwestern Territory " included of course what is now the State of Indiana; and Oct 5, 1787, Maj. Gen. Arthur St. Clair was elected by Congress Governor of this territory. Upon commencing the duties of his office he was instructed to ascertain the real temper of the Indians and do all in his power to remove the causes for controversy between them and the United States, and to effect the extinguishment of Indian titles to all the land possible. The Governor took up quarters in the new settlement of Marietta, Ohio, where he immediately began the organization of the government of the territory. The first session of the General Court of the new territory was held at that place in 1788, the Judges being Samuel II. Parsons, James M. Varnum and John C. Symmes, but under the ordinance Gov. St. Clair was President of the Court. After the first session, and after the necessary laws for government were adopted, Gov. St. Clair, accompanied by the Judges, visited Kaskaskia for the purpose of organizing a civil gov- ernment there. Full instructions had been sent to Maj. Hamtramck, commandant at Vincennes, to ascertain the exact feeling and temper of the Indian tribes of the Wabash. These instructions were ac- companied by speeches to each of the tribes. A Frenchman named Antoine Gamelin was dispatched with these messages April 5, 1790, who visited nearly all the tribes on the Wabash, St. Joseph and St.
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Mary's rivers, but was coldly received; most of the chiefs being dissatisfied with the policy of the Americans toward them, and prejudiced through English misrepresentation. Full accounts of his adventures among the tribes reached Gov. St. Clair at Kaskas- kia in June, 1790. Being satisfied that there was no prospect of effecting a general peace with the Indians of Indiana, he resolved to visit Gen. Harmar at his headquarters at Fort Washington and consult with him on the means of carrying an expedition against the hostile Indians; but before leaving he intrusted Winthrop Sargent, the Secretary of the Territory, with the execution of the resolutions of Congress regarding the lands and settlers on the Wabash. He directed that officer to proceed to Vincennes, lay out a county there, establish the militia and appoint the necessary civil and military officers. Accordingly Mr. Sargent went to Vin- cennes and organized Camp Knox, appointed the officers, and noti- fied the inhabitants to present their claims to lands. In establish- ing these claims the settlers found great difficulty, and concerning this matter the Secretary in his report to the President wrote as follows:
" Although the lands and lots which were awarded to the inhabi- tants appeared from very good oral testimony to belong to those persons to whom they were awarded, either by original grants, pur- chase or inheritance, yet there was scarcely one case in twenty where the title was complete, owing to the desultory manner in which public business had been transacted and some other unfor- tunate causes. The original concessions by the French and British commandants were generally made upon a small scrap of paper, which it has been customary to lodge in the notary's office, who has seldom kept any book of record, but committed the most im- portant land concerns to loose sheets, which in process of time have come into possession of persons that have fraudulently de- stroyed them; or, unacquainted with their consequence, innocently lost or trifled them away. By French usage they are considered family inheritances, and often descend to women and children. In one instance, and during the government of St. Ange here, a royal notary ran off with all the public papers in his possession, as by a certificate produced to me. And I am very sorry further to observe that in the office of Mr. Le Grand, which continued from 1777 to 1787, and where should have been the vouchers for important land transactions, the records have been so falsified, and there is such gross fraud and forgery, as to invalidate all evidence and informa- tion which I might have otherwise acquired from his papers."
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Mr. Sargent says there were about 150 French families at Vin- cennes in 1790. The heads of all these families had been at some time vested with certain titles to a portion of the soil; and while the Secretary was busy in straightening out these claims, he re- ceived a petition signed by 80 Americans, asking for the confirma- tion of grants of land ceded by the Court organized by Col. John Todd under the authority of Virginia. With reference to this cause, Congress, March 3, 1791, empowered the Territorial Governor, in cases where land had been actually improved and cultivated under a supposed grant for the same, to confirm to the persons who made such improvements the lands supposed to have been granted, not, however, exceeding the quantity of 400 acres to any one per- son.
LIQUOR AND GAMING LAWS.
The General Court in the summer of 1790, Acting Governor Sargent presiding, passed the following laws with reference to vending liquor among the Indians and others, and with reference to games of chance:
1. An act to prohibit the giving or selling intoxicating liquors to Indians residing in or coming into the Territory of the United States northwest of the river Ohio, and for preventing foreigners from trading with Indians therein.
2. An act prohibiting the sale of spirituous or other intoxicat- ing liquors to soldiers in the service of the United States, being within ten miles of any military post in the territory; and to pre- vent the selling or pawning of arms, ammunition, clothing or accoutrements.
3. An act prohibiting every species of gaming for money or property, and for 'making void contracts and payments made in consequence thereof, and for restraining the disorderly practice of discharging arms at certain hours and places.
Winthrop Sargent's administration was highly eulogized by the citizens at Vincennes, in a testimonial drawn up and signed by a committee of officers. Ile had conducted the investigation and settlement of land claims to the entire satisfaction of the residents, had upheld the principles of free government in keeping with the animus of the American Revolution, and had established in good order the machinery of a good and wise government. In the same address Major Hamtramck also received a fair share of praise for his judicious management of affairs.
MILITARY HISTORY 1790-1800.
EXPEDITIONS OF HARMAR, SCOTT AND WILKINSON.
Gov. St. Clair, on his arrival at Fort Washington from Kas- kaskia, had a long conversation with Gen. Harmar, and concluded to send a powerful force to chastise the savages about the head- waters of the Wabash. He had been empowered by the President to call on Virginia for 1,000 troops and on Pennsylvania for 500, and he immediately availed himself of this resource, ordering 300 of the Virginia militia to muster at Fort Steuben and march with the garrison of that fort to Vincennes, and join Maj. Hamtramck, who had orders to call for aid from the militia of Vincennes, march up the Wabash, and attack any of the Indian villages which he might think he could overcome. The remaining 1,200 of the mi- litia were ordered to rendezvous at Fort Washington, and to join the regular troops at that post under command of Gen. Harmar. At this time the United States troops in the West were estimated by Gen. Harmar at 400 effective men. These, with the militia, gave him a force of 1,450 men. With this army Gen. Harmar marched from Fort Washington Sept. 30, and arrived at the Mau- mee Oct. 17. They commenced the work of punishing the Indians, but were not very successful. The savages, it is true, received a severe scourging, but the militia behaved so badly as to be of little or no service. A detachment of 340 militia and 60 regulars, under the command of Col. Hardin, were sorely defeated on the Maumee Oct. 22. The next day the army took up the line of march for Fort Washington, which place they reached Nov. 4, having lost in the expedition 183 killed and 31 wounded; the Indians lost about as many. During the progress of this expedition Maj. Hamtramck marched up the Wabash from Vincennes, as far as the Vermillion river, and destroyed several deserted villages, but without finding an enemy to oppose him.
Although the savages seem to have been severely punished by these expeditions, yet they refused to sue for peace, and continued their hostilities. Thereupon the inhabitants of the frontier settle- ments of Virginia took alarm, and the delegates of Ohio, Monon-
(75)
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gahela, Harrison, Randolph, Greenbrier, Kanawha and Mont- gomery counties sent a joint memorial to the Governor of Vir- ginia, saying that the defenseless condition of the counties, form- ing a line of nearly 400 miles along the Ohio river, exposed to the hostile invasion of their Indian enemies, destitute of every kind of support, was truly alarming; for, notwithstanding all the regula- tions of the General Government in that country, they have reason to lament that they have been up to that time ineffectual for their protection; nor indeed could it be otherwise, for the garrisons kept by the Continental troops on the Ohio river, if of any use at all, must protect only the Kentucky settlements, as they immediately covered that country. They further stated in their memorial: "We beg leave to observe that we have reason to fear that the conse- quenees of the defeat of our army by the Indians in the late expe- dition will be severely felt on our frontiers, as there is no doubt that the Indians will, in their turn, being flushed with victory, in- vade our settlements and exercise all their horrid murder upon the inhabitants thereof whenever the weather will permit them to travel. Then is it not better to support us where we are, be the ex- pense what it may, than to oblige such a number of your brave citizens, who have so long supported, and still continue to support, a dangerous frontier (although thousands of their relatives in the flesh have in the prosecution thereof fallen a sacrifice to savage in- ventions) to quit the country, after all they have done and suffered, when you know that a frontier must be supported somewhere?"
This memorial caused the Legislature of Virginia to authorize the Governor of that State to make any defensive operations neces- sary for the temporary defense of the frontiers, until the general Government could adopt and carry out measures to suppress the hostile Indians. The Governor at once called upon the military commanding officers in the western counties of Virginia to raise by the first of March, 1791, several small companies of rangers for this purpose. At the same time Charles Scott was appointed Brigadier- General of the Kentucky militia, with authority to raise 226 vol- unteers, to protect the most exposed portions of that district. A full report of the proceedings of the Virginia Legislature being transmitted to Congress, that body constituted a local Board of War for the district of Kentucky, consisting of five men. March 9, 1791, Gen. Henry Knox, Secretary of War, sent a letter of instruc- tions to Gen. Scott, recommending an expedition of mounted men not exceeding 750, against the Wea towns on the Wabash. With
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this force Gen. Scott accordingly crossed the Ohio, May 23 1791, and reached the Wabash in about ten days. Many of the Indians, having discovered his approach, fled, but he succeeded in destroy- ing all the villages around Ouiatenon, together with several Kick- apoo towns, killing 32 warriors and taking 58 prisoners. He released a few of the most infirm prisoners, giving them a "talk," which they carried to the towns farther up the Wabash, and which the wretched condition of his horses prevented him from reaching.
March 3, 1791, Congress provided for raising and equipping a regiment for the protection of the frontiers, and Gov. St. Clair was invested with the chief command of about 3,000 troops, to be raised and employed against the hostile Indians in the territory over which his jurisdiction extended." He was instructed by the Secre- tary of War to march to the Miami village and establish a strong and permanent military post there; also such posts elsewhere along the Ohio as would be in communication with Fort Washington. The post at Miami village was intended to keep the savages in that vicinity in check, and was ordered to be strong enough in its gar- rison to afford a detachment of 500 or 600 men in case of emer- gency, either to chastise any of the Wabash or other hostile Indians or capture convoys of the enemy's provisions. The Secretary of War also urged Gov. St. Clair to establish that post as the first and most important part of the campaign. In case of a previous treaty the Indians were to be conciliated upon this point if possible; and he presumed good arguments might be offered to induce their acquiescence. Said he: "Having commenced your march upon the main expedition, and the Indians continuing hostile, you will use every possible exertion to make them feel the effects of your superi- ority; and, after having arrived at the Miami village and put your works in a defensible state, you will seek the enemy with the whole of your remaining force, and endeavor by all possible means to strike them with great severity. * * *
In order to avoid future wars, it might be proper to make the Wa- bash and thence over to the Maumee, and down the same to its mouth, at Lake Erie, the boundary between the people of the United States and the Indians (excepting so far as the same should relate to the Wyandots and Delawares), on the supposition of their continuing faithful to the treaties; but if they should join in the war against the United States, and your army be victorious, the said tribes ought to be removed without the boundary mentioned."
Previous to marching a strong force to the Miami town, Gov. St. 1
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Clair, June 25, 1791, authorized Gen Wilkinson to conduct a second expedition, not exceeding 500 mounted men, against the Indian villages on the Wabash. Accordingly Gen. Wilkinson mustered his forces and was ready July 20, to march with 525 mounted vol- unteers, well armed, and provided with 30 days' provisions, and with this force he reached the Ke-na-pa-com-a-qua village on the north bank of Eel river about six miles above its mouth, Aug. 7, where he killed six warriors and took 34 prisoners. This town, which was scattered along the river for three miles, was totally de- stroyed. Wilkinson encamped on the ruins of the town that night, and the next day he commenced his march for the Kickapoo town on the prairie, which he was unable to reach owing to the impassa- ble condition of the route which he adopted and the failing condi- tion of his horses. He reported the estimated results of the expe- dition as follows: "I have destroyed the chief town of the Ouiate- non nation, and have made prisoners of the sons and sisters of the king. I have burned a respectable Kickapoo village, and cut down at least 400 acres of corn, chiefly in the milk."
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