USA > Indiana > Pioneer history of Indiana : including stories, incidents, and customs of the early settlers > Part 11
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4. A law respecting amendments and jeofail.
5. A law establishing courts of general quarter session of the peace in the counties of Knox, Ran- dolph and St. Clair.
6. An act repealing certain acts.
7. A law appointing a territorial treasurer.
8. A resolution for the establishment of ferries.
9. A law concerning the fees of officers.
10. A resolution concerning the compensation of the clerk of the legislature.
The territorial judges held their first session of court of the Indiana Territory at Vincennes, the 3d day of March, 1801. The first grand jury impanelled in the Indiana Terri- tory was composed of nineteen person: Luke Decker, Antoine Marshal, Joseph Baird, Patrick Simpson, Antoine Petit, Andre Montplaisure, John Ockilpree, Johnathan Marney, Jacon Trevebaug, Alexander Valley, Francis Turpin, Fr. Compagnoitte, Charles Languedoc, Louis Severe, Fr. Langue- doc, George Catt, John B. T. Barois, Abraham Decker and Phillip Catt,
The law machinery of the territory being constructed, the questions that came principally before the courts and which attracted more attention than any other subject during the first years of the Indiana Territory, were land specula- tion, the adjustment and settling of land titles and the per- plexing question of slavery that had been in existence in the Territory for sixty-five years before the ordinance of 1787
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was adopted and was one of the most stubbornly contested questions before the courts. The courts, unfortunately for those interested in having the wise provisions of the ordinance of 1787 carried out, were in sympathy with the slave-holding element. Governor Harrison, after assuming control of the affairs of the territory, exerted his energies in trying to ac- quire lands from the Indians by treaty. (A history of these treaties is found in the chapter on "Harrison in the Tippe- canoe Campaign.")
When the Indiana Territory was formed, Vincennes was the town of the most importance. At that time there was a small settlement where the town of Lawrenceburgc, Dear- born county, now stands. At Armstrong station on the Ohio there was a small settlement and at Clarksville, opposite the Falls of the Ohio, there was another small one. Outside of this, in what is now the state of Indiana, there were no other set- tlements by the white people except an occasional adventurer who had been a prisoner or raised among the Indians, settling in some section near an Indian town. The only mode of 'com- munication between the stations of Indiana Territory was by the Ohio, Mississippi or Wabash rivers. , Detroit was a town of considerable importance but had been destroyed by fire in 1798. It was so remote from the sections bordering on the Ohio river that intelligence from that section was only ob- tained probably, once a year. The mode of communi- cation between the Ohio Falls, Vincennes and the farther western stations was along the old Indian trace connecting these places, which had been there from time immemorial.
For many years before the capture of the Northwest Ter- ritory from the British by General Clark, the French inhabi- tants of the settled stations Vincennes, Kaskaskia, Detroit and, other places, held slaves and dealt in them as they became wealthy in the fur trade. Some of these traders made annual trips down the Mississippi to New Orleans and brought back slaves, men and women. It is safe to say that at thetime Vin- cennes was captured in 1779, the different posts in the North- west Territory had more than 200 negro slaves. Adding to this the increase from natural cause and from those brought
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in from Virginia, Kentucky and the Carolinas, up to the time that Indiana Territory was formed and William Henry Harri- son was made its governor, there were more than three hundred slaves in the Northwest Territory, leaving out what soon be- came the state of Ohio. There was little notice taken of slavery. Harrison was from Virginia and favored slavery yet he issued a proclamation prohibiting the removal of inden- tured negroes from the Territory.
The United States judges appointed were owners of slaves. In the summer of 1794 Judge Turner, under Gover- nor St. Clair's administration of the Northwest Territory was at Vincennes holding court. During that term he had a ser- ious misunderstanding with Judge Vandaburgh who was the Probate Judge of Knox county, Northwest Territory. In the midst of the controversy a negro and his wife held as slaves by Vandaburgh applied to Judge Turner's court for emanci- pation by writ of habeas corpus. The evidence was all in and Judge Turner would have given them their freedom but the night before the decision was to be given the negroes were kidnapped, carried south and sold.
The author here gives a specimen of a decision by the three federal judges, Vandaburgh, Clark and Griffin, during Harrison's administration. There were proceedings brought for the emancipation of a negro and negress that had been brought into Indiana Territory from Kentucky and held with- out compliance with the formalities of the indenture laws. Influential people aided these negroes in making a habeas corpus proceedings by which they were released, on a techni- cal insufficiency of evidence for the claimant. The full court made a ruling that the negros were not fugitive from slav- ery.
After this decision the party claiming the negroes at- tempted to carry them out of the Territory and back to Ken- tucky. When new proceedings were instituted, which was tried in 1806, the judges heard the case and decided that the negroes were neither fugitives from justice nor slavery and re- leased them. They further said, in giving their opinion, that this order was not to impair the rights of the defendants or
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any other person who should have them for slaves provided the defendant or any other person could prove them to be slaves.
After this the two negroes built a cabin on the banks of the Wabash river near Vincennes from which place they were kidnapped by a Frenchman hired for that purpose, carried to New Orleans and sold into slavery. With such a trio of judges as those making this decision was there any wonder that slavery was in full force in many places in Indiana Ter- ritory at the time the state was admitted to the union?
In 1803 the United States purchased from France for the sum of fifteen million dollars ($15,000,000) the territory that has since been divided into the states of Louisiana, Arkansas, Missouri, Iowa, Kansas, Nebraska, North and South Dako- ta, Montana, Wyoming, Indian Territory, Colorado, and that part of Minnesota west of the Mississippi river. During the year of 1804 all that country north of the thirty-third degree was attached to Indiana Territory by Congress and was under the control of Governor Harrison. The next year this Loui- siana Territory was detached and organized into a separate territory.
On the 22d of November, 1802, Governor Harrison, in com- pliance with the wishes of many citizens of the territory, is- sued a proclamation notifying them that there would be an election held in the several counties of the territory on the 11th day of December, 1802, for the purpose of choosing del- egates to meet in convention at Vincennes on the 20th of De- cember, 1802. The number of delegates from Knox county was four; from Randolph county, three; from St. Clair coun- ty, three; Clark county, two. The main object of those who favored the calling of the convention was to take into consid- eration the expediency of repealing or suspending article sixth of the ordinance of 1787 which prohibited the holding of slaves in all the territory that at that time was in the Northwest Territory.
The convention assembled, Governor Harrison presiding. There was a document prepared in which the delegates in be- half of the people of the Indiana Territory gave their consent
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that the sixth article of the ordinance of 1787 might be sus- pended. This document together with the memorial from the delegates and a number of slave-holding inhabitants of the territory was laid before Congress and in the House of Representatives on the 2d of March, 1803. Mr. Randolph, of Virginia, chairman of the committee that this resolution and report were referred to, makes this report -- "The rapidly in- creasing population of the state of Ohio is sufficient evidence to your committee that the labor of slaves is not necessary to prompt the growth of settlements of the colonies in that sec- tion. That slave labor, the dearest that can be employed, is only advantageous in the cultivation of products more valua- ble than any known in that quarter of the United States. The committee deems it highly dangerous and inexpedient to impair provisions wisely calculated to promote the happiness and prosperity of the northwest country and to give strength and security to their extensive frontiers. In the salutary op- eration of this sagacious and benevolent restraint, it is be- lieved that the inhabitants of Indiana will at no distant day find ample remuneration for a temporary privation of labor and of immigration."
Congress refused to suspend the sixth article of the ordi- nance of 1787 in opposition to the views and wishes which were afterward expressed in several petitions, resolutions and memorial, by the legislative authority and many people of Indiana territory, the decision of Congress remained un- changed.
The principal reasons which were assigned by the memo- rials in favor of the suspension of the sixth article of the or- dinance of 1787, were that such a suspension would be highly advantageous to the territory, that it would meet the appro- bation of nine-tenths of the citizens of the territory; that the abstract question of liberty and slavery was not considered as involved in the suspension of the article as the number of slaves in the United States would not be increased by the measure and the suspension of the article would be equally advantageous to the territory, to the slave-holding states and to the slaves themselves; that at the time of the adoption of the
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ordinance slavery had existed in the territory; that it was made to apply to for a great many years before and that the ordinance was passed by Congress without consulting the inter- ests of the citizens of the territory, who were in no wise repre- sented in that body and the number of slaves would never bear such a proportion to the white population as would endanger the peace and prosperity of the country. The views of those citizens of Indiana Territory who were not in favor of the proposed suspension of the sixth article of the ordinance of 1787, were at different times sent to the committees at Con- gress having that matter in charge, in the shape of memo- rials and remonstrances. A largely attended meeting of the citizens of Clark county was held at Springville; John Beggs being elected president and David Floyd secretary. A com- mittee was raised consisting of Charles Beggs, Abraham Lit- tle, Robert Robertson, John Owens and James Beggs. They prepared a memorial which was adopted by the meeting and laid before Congress on the 7th of November, 1807. The memorial of the citizens of Clark county show that great anxiety has been and still is evinced by some of the citizens of this territory on the subject of the introduction of slavery into it. In no case has the voice of the citizens been unani- mous. In 1802 at a special convention of delegates from the several counties a petition was forwarded to Congress to re- peal the sixth article of the ordinance of 1787.
At that convention the representatives in the eastern part of the territory who were at Vincennes were decidedly opposed to the petition. Again in the year 1805 the subject was taken up and discussed in the general assembly, a ma- jority of the members of the House of Representatives voted against the memorial and it was rejected as is shown by the journal of that house, but a number of the citizens thought it proper to sign the same. Among those who fraudulently attempted to force this memorial on Congress as the declared expression of the majority of the representatives of that as sembly were the speaker of the House of Representatives and the president of the council.
Afterward the president of the council was charged with
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this duplicity when he denied having ever signed the same. History gives the following account of this paper:
"This fraudulent paper was forwarded to the Congress of the United States as the expressed wish of the legislators of this territory. In the present year of 1807 this subject was taken up by the legislature of this territory again and a ma- jority of both houses passed the resolution to suspend the sixth article in a proportion of two to one and it is presumed, this action is before you. Let it be understood that when this action was taken, that there were but three members of the assembly present, beside the speaker, who, for certain reasons, positively refused to sign the resolution. As a last substitute after the bill was passed, they prevailed on the president to vacate his seat and appoint one of the other members speaker pro tem. for the purpose of signing the res- olution. This doubtful conduct of a small minority of the representatives of this territory will be convincing to your honorable committee in Congress that those in this territory are driven to a desperate strait in order to unlawfully hold their slaves.
"It is contended by the pro-slavery element that a major- ity of the voters of this territory are in favor of annulling the sixth article in the ordinance of 1787, while those opposed to slavery being in the territory feel sure that a majority of all the voters are opposed in any way, disapproving any of the provision in the ordinance of 1787, believing that such an action would be an insult offered to the Congress of the United States.
"There is a large emigration coming into the section of the country around the Falls of the Ohio and your committee thinks it best for all concerned to allow the present condition of things to remain undisturbed until there is sufficient num- ber in different sections of the said territory to form into states and to adopt state constitutions. Then all questions for the well being and happiness of the people to be governed by the constitutions can be adjusted in accordance with the wishes of the majority."
When it became evident to the slave holders of the terri-
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tory that Congress would not make any provision for nullify- ing the sixth article of the ordinance of 1787, in order that they might hold the slaves that were then in the territory, the obnoxious indenture laws were passed by the legislature in 1807. The provisions of that act are herein given.
"The laws of the Indiana Territory concerning slaves and negro or mulatto servants. An act con- cerning the introduction of negroes and mulattoes into this Territory.
"SEC. 1. It shall and may be lawful for any person being the owner or possessor of any negroes or mulattoes of any age above the age of fifteen years and owing service or labor as slaves, in any of the states or territories of the United States, or for any citizen of the said states or territories of the United States purchasing the same; to bring the said negroes or mulattoes into this Territory.
"SEC. 2. The owner or possessor of any negroes or mulattoes, as aforesaid, and bringing the same in- to this territory, shall within thirty days after such removal go with the same before the clerk of the court of common pleas of the proper county; and, in the presence of said clerk, the said owner or posses- sor shall determine and agree to whith his or her negro or mulatto, upon the terms of years which the said negro or mulatto will and shall serve his or her owner or possessor and the said clerk is hereby authorized and required to make a record thereof in a book which he shall keep for that purpose.
"SEC. 3. If any negro or mulatto removed into this territory as aforesaid shall refuse to serve his or her owner as aforesaid, it shall and may be lawful for such persons, within sixty days thereafter to re- move the said negro or mulatto to any place by the laws of the United States or territory from whence such owner or possessor may or shall be authorized to remove the same.
"SEC. 4. If any person or persons shall neglect or refuse to perform the duty required in the second or to take advantage of the benefit of the preceding sectipn, hereof, within the time there respectively prescribed, such person or persons shall forfeit all claims and rights whatever to the service and labor of such negroes or mulattoes.
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"SEC. 5. Any person removing into this terri- tory and being the owner or possessor of any negro or mulatto as aforesaid, under the age of fifteen years; or if any person shall hereafter acquire a pro- perty in any negro or mulatto under the age afore- said, and shall bring them into this territory, it shall and may be lawful for such person or persons, owners or possessors, to hold the said negro or mulatto to service or labor, the male until they arrive at the age of thirty-five years, the female until they arrive at the age of thirty-two years.
"SEC. 6. Any person removing any negro or mulatto into this territory under the authority of the · preceding section, it shall be incumbent upon such persons within thirty days thereafter to register the name and age of such negro or mulatto with the clerk of the court of common pleas for the proper county.
"SEC. 7. If any person shall remove any negro or mulatto from one county to another county, with- in this territory who may or shall be brought into the same under the authority of either the first or fifth section hereof, it shall be incumbent upon such person to register the name and also the age of said negro or mulatto which the said clerk of the county from whence and to which said negro or mulatto may be removed, within thirty days after such re- moval.
"SEC. 8. If any person shall neglect or refuse to perform the duty required by the two preceding sec- tions hereof, such persons, for such offense shall be fined in the sum of fifty dollars to be recovered by indictment or information and for the use of the proper county.
"SEC. 9. If any person shall neglect or refuse to perform the duty and service herein required, he shall, for every such neglect or refusal, be fined in the sum of fifty dollars to be recovered by information or in- dictment and for use of the county.
"SEC. 10. It shall be the duty of the clerk of the court of common pleas, aforesaid, when any person shall apply to him to register any negro or mulatto, agreeable to the preceding section, to demand and receive the said applicant's bond with sufficient se- curity in the penalty of five hundred dollars, payable
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to the governor or his successors in office, conditioned that the negro or mulatto, negroes or mulattoes, as the case may be, shall not, after the expiration of his or her service, become a county charge which bond shall be lodged with the county treasurers, res- pectively, for the use of the said counties, provided always that no such bond shall be required or requira- ble in case of time of service of such negro or mulatto, shall expire before he or she arrives at the age of forty years, if such negro or mulatto be at that time capable to support him or herself by his or her own labor.
"SEC. 11. Any person who shall take or forcibly carry out of this territory or who shall be aiding or assisting therein any person or persons owing or hav- ing owed service for labor, without the consent of such person or persons, previously obtained before any judge of the court of common pleas of the county where such persons owing or having owed such service or labor resides, which consent shall be certified by said judge of the common pleas to the clerk of the court of common pleas where he resides at or before the next court. Any person so offending, upon con- viction thereof, shall forfeit and pay one thousand dollars, one-third to be used by the county, two-thirds to be used by the person taken or carried away. To be recovered by action of debt, provided there shall be nothing in the section so construed as to prevent any master or mistress from removing any person owing service or labor from this territory as described in the third section of this act.
"SEC. 12. The said clerk for every register made in the manner aforesaid shall receive seventy-five cents from the applicant therefor.
"SEC. 13. The children born in this territory of a parent of color owing service or labor by indenture, according to the law, shall serve the master or mis -. tress of such parent, the male until the age of thirty and the female until the age of twenty-eight years. "SEC. 14. The provisions contained in a law of this territory respecting apprentices, entitled, "an act respecting apprentices" shall be enforced as to such children in case of misbehavior of the master or mistress or for cruelty or ill-usage. Approved Sep -- tember 17, 1807.
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The first laws for the indenture of slaves were made by the board of control in Indiana Territory-the governor and the three federal judges in 1803. They provided that "per- sons coming into the territory under a contract to serve a stated period at any kind of labor shall serve that term."
This contract was assignable to any person in the terri- tory if the slaves consented. This law was made so that per- sons coming to the territory from slave states before starting could indenture their slaves for as long a period as they would be of service to them; in most cases for thirty years.
The next attempt to clinch slavery in the territory was by an act of the Territorial Legislature in 1805. An act for the introduction of negroes and mulattoes into the territory was passed. It provided that any slave holder in the United States could bring any slave over fifteen years old into the territory and within thirty days after coming, might enter in- to an agreement with such slaves before the clerk of a court of common pleas as to the number of years such slaves would serve their masters. If the slaves should refuse to agree, the master had sixty days in which to send him to a slave state.
The laws of the Indiana Territory concerning slaves and negro or mulatto servants passed in 1807 were the same as those in 1805. Neither of these laws had any validity as they were in direct opposition to laws passed by the Congress of the United States for the government of their Northwest Ter- ritory. But notwithstanding all that the indented negroes were compelled to serve their masters for the time specified in the indentures and in many cases those so indentured were by one means and another taken into slave states where they are sold into slavery for life. Unfortunately the clear cut laws prohibiting slavery in the territory did not have much force with those intrusted with the administration of the laws. There was no secret about holding slaves in all the counties of the territory.
In 1820, four years after the state was admitted into the Union, there were one hundred and ninety slaves in servitude in Indiana as shown by census report. Knox county had one hundred and eighteen; Gibson county, thirty-one; Posey
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county. eleven; Vanderburg, ten; the other twenty-one were held in Spencer, Warrick. Owen, Sullivan, Scott and Pike counties. The other twenty-four counties that were in the state at that time had no slaves. Slavery in Indiana did not disappear from the census report until 1850. Most of the ne- groes who were emancipated by their owners or by legal pro- cess were afterwards kidnapped and sold into slavery in the south.
Below is given a few specimens of the way the poor, un- suspecting negroes were fooled, being made to believe they were signing their emancipation papers, when in fact, they were signing an indenture that gave the control of their labor for a long period of years to their so-called masters who, in many cases, pretended to be liberating them. Since writing this article it has been thought best to withhold the names of those making these pretended emancipation papers and use fictitious ones for the reason that many of the descendants are still living and are among the best people of the state and who would scorn any such dishonest action.
"On the 27th day of July, 1813, I, Joseph Bar- ton, have this day set free my slave, Thomas Tur- ner, and I hereby make and acknowledge the eman- cipation paper for his complete freedom. The said Thomas Turner for the privilege of being known as a free man, has agreed to indenture his services to me for a period of thirty years from date.
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