USA > Indiana > Pioneer history of Indiana : including stories, incidents, and customs of the early settlers > Part 6
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"I Do THEREFORE issue this proclamation, strictly en- joining all persons whatsoever from making any new settle- ments upon the flat lands of the said rivers or within one. league of said lands unless in manner and form of settlements.
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as heretofore made by the French inhabitant, until further orders herein given.
"AND in order that all claims to lands in said county may be fully known and some method provided for perpetuating by record, the just claims, every inhabitant is required, as soon as conveniently may be to lay before the person, in each district, appointed for the purpose, a memorandum of his or her land with copies of all their vouchers and where vouch- ers have never been given or are lost, such depositions or cer- tificates as will tend to support their claims; the memorandum to mention the quantity of land, to whom originally granted and when; deducing the title through the various occupants, to the present possessor. The number of adventurers who will shortly over-run this country renders the above method necessary, as well to ascertain the vacant lands as to guard against trespasses which will probably be committed on lands not on record.
"Given under my hand and seal at Kaskaskia, the 15th of June in the third year of the Commonwealth. 1779.
(Signed) JOHN TODD, JR."
For the preservation of peace and the administration of of justice, a court of civll and criminal jurisdiction was or- ganized at Vincennes in June, 1779. The court was com- posed of several magistrates. Colonel J. M. P. Legrass, who had received the appointment of Commander of the Post Vin- cennes, acted as the president of this new court and exercised a controlling influence over the proceedings. Following after the usages of the early commanders of the French posts in the west, the magistrates of the court at Vincennes com- menced to grant tracts of land to the French and American inhabitants of the town and to the officers, both civil and mil- itary, of the county. The court assumed the power of grant- ing lands to all applicants and at the end of the year 1783 there had been twenty-six thousand acres granted. From 1783 to '87, when General ,Harmor stopped the granting of land by the Vincennes court, there had been twenty-two thousand acres more granted by that court to individual ap- plicants. The commander of the post and the magistrates
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over whom he presided, formed the opinion that they were invested with the authority of all the land in that region which had in 1742 been granted by the Piankashaw Indians to the inhabitants of Post Vincennes for their use. Accord- ingly, an arrangement was made by this greedy court where- by the whole country in which the Indian title was supposed to be extinguished was divided between the members of the court and orders to that effect were put on record. In order to have the appearance of modesty each member of the court absented himself on the day the order was to be made in his favor.
At the close of the Revolutionary War the United States was deeply in debt and without any resources to pay with except what could be derived from the sale of lands west of the Alleghany Mountains. The title of this domain was claimed by a number of the colonies and states as their char- ters extended their limits to any land acquired on their west. Virginia set up a special claim on account of her conquest and the retaining of posessions through General George Rogers Clark to all the land of the Northwest Territory. To this the other states demurred and said that as they all joined together for a common defense, that whatever was gained by conquest should be shared equally by all. There was so much justice in this that Virginia deeded her northwest possessions to the United States.
By an act of the seventh of January, 1781, the General As- sembly of Virginia resolved that on certain conditions they would cede to Congress, for the benefit of the United States, all the right, title and claim which Virginia had to the terri- tory northwest of the River Ohio. Congress, by an act of the 13th of September, 1783, agreed to accept the cession of the ter- ritory and the General Assembly of Virginia on the 20th of December, the same year, passed an act authorizing their del- egates in Congress to convey to the United States, the right, title and claim of Virginia to the lands northwest of the River Ohio.
In October, 1783, the General Assembly of Virginia passed an act laying off the town of Clarksville at the Falls
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of the Ohio in the county of Illinois. The act provided that the lots of half an acre each should be sold at public auction for the best price that could be obtained. The purchasers were to hold their lots subject to the condition of building on them within three years of the date of sale, a dwelling house, twenty feet by eighteen with a brick or stone chimney. William Fleming, John Edwards, John Campbell, Walker Daniel, George R. Clark, Abraham Chaplin, John Mont- gomery, John Bailey, Robert Todd and William Clark were, by the act of the assembly, constituted trustees for the town of Clarksville.
On the first day of March, 1784, Thomas Jefferson, Sam- uel Hardy, Arthur Lee and James Monroe, delegates in con- gress on the part of Virginia, executed a deed of cession by which they deeded to the United States, on certain conditions, all the right, title and claim of Virginia to the country north- west the River Ohio. The deed contained the following con- ditions -- "The territory so ceded shall be laid out and formed into states containing a suitable amount of territory, not less than one hundred nor more than one hundred and fifty miles square or as near that amount as circumstances will admit and 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 necessary and reasonable expenses incurred by Virginia in subduing any British post or in maintaining forts and garrisons for the defense or in acquiring any part of the territory that is here ceded and relinquished, shall be fully reimbursed by the United States. The French and Canadian inhabitants and other settlers of Kaskaskia, Post Vincennes and the neighboring villages who have professed themselves citizens of Virginia shall have their possessions and titles confirmed to them and be protected in the enjoyment of their rights and liberties. A quantity not exceeding one hundred and fifty thousand acres of land, promised by Virginia, shall be allowed and granted to the then Colonel and now General, George Rogers Clark and to the officers and soldiers of his regiment who marched with him when the posts of Kaskas-
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kia and Vincennes were reduced and to the officers and sol- diers who have since been incorporated into the said regi- ment; to be laid off in one tract the length of which shall not exceed double the breadth, in such a place on the north -. west 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. In case. the quantity of good lands on the southeast side of the Ohio on the waters of the Cumberland river, between Green river and. Tennessee river which have been reserved by law for the Vir -. ginia troops upon continental establishment, should, from the North Carolina line, bearing in farther on the Cumberland lands than was expected, prove insufficient for their legal bounties, the deficiency shall be made up to the said troops in good lands to be laid off between the River Scioto and Little Miami river on the northwest side of the River Ohio in such proportions as has been engaged to them by the laws of Vir- ginia.
"All the lands within the territory so ceded to the. United States and not reserved for or appropriated to any of the before mentioned purposes or disposed of in bounties to. the officers and soldiers of the American army, shall be con- sidered as common funds for the use and benefits of such of the United States as have become or shall become, members. of the confederation of Federal alliances of the said state of Virginia inclusive, according to their usual respective propor- tions in the general charge and expenditure; and shall be faithfully and bonafide disposed of for that purpose and for no other use or purpose whatsoever."
In the spring of 1784, after the deed of cession had been accepted by Congress, the subject of future government of the territory was referred to a committee consisting of Messrs. Jefferson, of Virginia, Chase, of Maryland and Howle, of Rhode Island. The committee reported an ordinance for the government for the territory northwest of the River Ohio, The ordinance declared that after the year 1800 there should be neither slavery nor involuntary servitude otherwise than, in the punishment of crimes in any of the states to be formed
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out of said territory. This provision of the ordinance was rejected but on the 23rd of April, 1784, Congress, by a series of resolutions provided for the maintenance of temporary government in the country which the United States had acquired northwest of the Ohio.
Soon after Virginia had deeded her lands northwest of the River Ohio to the United States, General Rufus Putnam and others organized a Massachusetts Company which had for its purpose the purchase of a large body of land in what is now the state of Ohio. Continental money had become very cheap, worth from fifteen to seventeen cents on the dol- lar. The Company had secured enough of it to pay for one and one-half million acres of land. Reverend Manassa Cut- ler, their agent had also intrusted to his care for other par- ties a large amount of this money, in all, enough to purchase five and one-half million acres of land. As this would ma- terially reduce the national debt, the administration of the United States was in favor of it. At that time Massachusetts owned the Territory of Maine which she was trying to sell and was opposed to the opening of the Northwest Territory. This put Virginia on her mettle and the South all sided with her. Dr. Cutler had come on to New York to lobby for the Northwest Territory. The South caught the inspiration and rallied around him. Massachusetts was in a peculiar situa- tion: she was opposed to the proposition but could not vote against it as many of her citizens were largely interested in the western purchase. Thus Dr. Cutler was able to command the situation. True to the convictions of his heart he dic- tated one of the most complete documents of good statesman- ship that has ever adorned our law-book. The important sec- tion were as follows-
"1. The exclusion of slavery forever from the Northwest Territory.
"2. Provision for Public Schools. . Section No. 16 in each township of thirty-six square miles will be retained and sold for the benefit of the Public Schools.
"3. A provision prohibiting the adoption of any consti- tution or the enactment of any law that shall nullify pre-ex-
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isting contracts. Be it forever remembered that this compact declares religion, morality and knowledge are necessary to good government and the happiness of mankind and there- fore schools and the means of education shall always be en- couraged."
Dr. Cutler planted himself squarely upon this platform and would not yield, giving his unquallified declaration that it was that or nothing. That unless the holders of the terri- tory could make the land desirable they-the purchasers- did not want it.
On the 13th day of July, 1787, the bill was put on its passage and was unanimously adopted. Thus the great states of Ohio, Indiana, Illinois, Michigan, Wisconsin and Minnesota, a mighty empire, were dedicated to freedom, in- telligence and morality.
CHAPTER IV.
THE NORTHWEST TERRITORY ORGANIZED-LAWS GOVERN- ING IT .-- GOVERNOR ST. CLAIR AND THE INDIANS -- MIL- ITIA ESTABLISHED AND CIVIL AND MILITARY OFFICERS: APPOINTED-LAWS ADOPTED AT VINCENNES-DEFEAT OF ST. CLAIR'S ARMY BY INDIANS-GENERAL WAYNE'S VIC- TORY NEAR THE MAUMEE-FIRST TERRITORIAL LEGIS- LATURE.
On the fifth of October, 1787, Major General Arthur St. Clair was elected by Congress governor of the territory of the United States northwest of the River Ohio. By the first in- structions which Governor St. Clair received from Congress in 1788 he was authorized and directed-first, to examine carefully into the real temper of the Indians. Second-To re- move, if possible, all cause of controversy so that peace and harmony might be established between the United States and the Indian tribes. Third-To regulate trade among the In- dians. Fourth-To neglect no opportunity that might offer of extinguishing the Indian right to land westward as far as the River Mississippi and northward as far as the completion of the forty-first degree of north latitude. Fifth-To use every possible endeavor to ascertain the names of the real head men and warriors of the several tribes and to attach these men to the United States by every possible means. Sixth-To make every exertion to defeat all confederations; and combinations among the tribes and to conciliate the white people inhabitating the frontiers toward the Indians.
In the month of July, 1788 Governor St. Clair arrived at the new town of Marietta at the mouth of the Muskingum
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river, where he began to organize the government of the Northwest Territory in accordance with the provisions of the ordinance of 1787. At Marietta, in the county of Washing- ton before the close of the year 1788, the Governor and judges of the General Court of the Territory-Samuel Hol- den Parsons, James Mitchel Varnum and John Cleave Simms, adopted and published various laws under the following titles:
1. A law for regulating and establishing the militia in the territory of the United States northwest of the River Ohio.
2. A law for establishing general courts of the peace of quarter sessions (and therein the powers of single justices); and for establishing county courts of common pleas (and therein of the power of single judges to hear and determine upon small debts and contracts); and also a law for estab- lishing the office of sheriff and for the appointment of sher- iffs --- Published on the 23d of August.
3. A law establishing a court of probate --- Published on the 30th of August.
4. A law for fixing the terms of the general court of the territory of the United States, northwest of the River Ohio --- Published on the 30th of August. This law was made in the following words ---
"The general court for the territory of the United States northwest of the River Ohio, shall hold pleas civil and criminal at four certain periods or terms in each and every year in such counties as the judges shall from time to time deem most con- ducive to the general good, they giving timely notice of the place of their sitting on the first Mon- days of February, May, October and December, pro- vided, however that but one term be held in any one county in a year, and all processes, civil and crim- inal, shall be returnable to said court wherever they may be in said territory. And as circumstances may so intervene as to prevent the session of the Court at the time and place fixed upon, it shall and may be lawful for the Court to adjourn from time to time by writ directed to the sheriff of the county and to con-
.
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tinue all processes accordingly; and in case neither of the judges shall attend at the time and place afore- said and no writ be received by the sheriff, it shall be his duty to adjourn the court from day to day dur- ing the first six days of the term and then to the next term to which all processes shall be continued as aforesaid; provided, however, that all issues in fact shall be tried in the county where the case of action shall have risen."
5. A law respecting oath of office. Published on the 2d of September.
6. A law respecting crimes and punishments. Pub- lished on the 6th of September. By this statute the crimes of treason, murder and houseburning in case where death en- sues from such burning, were respectively punished by death. The crimes of burgalry and robbery were punishable by whipping, not exceeding thirty-nine stripes; fine and im- prisonment for any term not exceeding forty years. For the crime of perjury the offender was punishable by a fine not ex- ceeding sixty dollars or whipping not exceeding thirty-nine lashes, disfranchisement and standing in the pillory for a space of time not exceeding two hours. Larceny was pun- ished by fine or whipping at the discretion of the court. If the convict could not pay the fine of the court it was lawful for the sheriff, by the direction of the court to bind such con- victs to labor for a term not exceeding seven years to any suitable person who could pay such fines. Fo gery was pun- ishable by fine and disfranchisement and standing in the pil- lory for a space of time not exceeding three hours. For drunkenne. s the law was as follows:
"If any person shall be convicted of drunken- ness before one or more justices of the peace, the per- son so convicted shall be fined for the first offense the sum of five dimes and for every succeeding offense upon conviction the sum of one dollar. In either case if the offender neglects or refuses to pay the fine. he shall be set in the stocks for the space of one hour, provided. however, that complaints be made to the justice or justices within two days after the offense shall have been committed.
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'WHEREAS, idle, vain and and obscene conversa- tion; profane cursing and swearing and more especi- ally the irreverently mentioning, calling upon, or in- voking the sacred and Supreme Being by any of the divine characters in which He has graciously conda- scended to reveal His infinitely beneficent purpose to mankind, are repugnant to every moral sentiment, subversive to every civil obligation, inconsistent with the ornaments of polished life and abhorrent to the principles of the most benevolent religion;
'IT IS EXPECTED, THEREFORE, If crime of this kind should exist it will not find encouragement, countenance or approbation in this territory. It is strictly enjoined on all officers and ministers of jus- tice, upon parents and other heads of families and upon others of every description. that they abstain from practices so vile and irrational and that by ex- ample and precept. to the utmost of their power, they prevent the necessity of adopting and publish- ing laws with penalties upon this head.
"AND IT IS HEREBY DECLARED that the govern- ment will consider as unworthy its confidence all those who may obstinately violate these injunctions. "WHEREAS, mankind in every stage of informed society has consecrated certain portions of time to the particular cultivation of social virtues and the public adoration and worship of the Common Parent of the Universe. and whereas a practice so rational in itself and conformable to the divine precepts is greatly conducive to civilization as well as to moral- ity and piety; and whereas for the advancement of such important and interesting purpose. most of the Christian world has set apart the first day of the week as a day of rest from common labor a id pursuits;
"IT IS HEREBY THEREFORE ENJOINED that all servile labor, works of necessity and charity only ex- cepied, be wholly abstained from on said day."
7. A law regulating mariages. The third ection of this law was as follows:
"Previously to persons being joined in marriage as aforesaid, the intention of the parties shall be made known by the publishing of the same for the space of fifteen days at the least, either by the same being publicly and openly declared three several Sun-
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days, holy day days or other days of public worship in the meeting in the towns where the parties res- pectively belong or by publication in writing under the hands and seal of one of the judges before men- tioned or of a justice of the peace within the county, to be affixed in some public place in the town where- in the parties respectively dwell or a license shall be obtained of the Governor under his hand and seal, authorizing the marriage of the parties without pub- lication as is in this law before required."
8. A law in addition to a law entitled --- "A law for regulating and establishing the militia in the territory of the River Ohio." Published on the 23rd of November.
9. A law appointing coroners. Published on the 21st of December.
10. A law limiting the time of commencing civil action and instituting criminal prosecutions.
After the session of the court of Marietta was concluded and the laws for the government of the Territory passed, Governor St. Clair, accompanied by the judges, made a visit to the western part of his Territory for the purpose of organ- izing a civil government. Before this he had sent instruc- tions to Major Hamtramck, the Commander at Vincennes, directing him, through the agency of friendly Indians that were well known among the Piankashaws, to find out all he could about the Indian tribes along the Wabash. He accom- panied this instruction with a speech for each of the tribes which the Major sent to them by Antoine Gamelin, a French- man, as a special envoy who understood the language of nearly all the tribes of Indians on the Wabash. Gamelin's wife was the daughter of the head chief of the Ouiatenons and through that influence it was hoped that his mission would be successful.
Gamelin visited many tribes of Indians and after friendly council with them, delivered the speeches. In his route he went as far eastward as the Miami village of Kekionga which stood where Ft. Wayne now stands. Gamelin's report will best show the disposition of the Indians toward the Ameri- cans.
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"The first village I arrived at," says Gamelin, "is called Kikapouguoi. The name of the chief of this village is called Les Jambes Croches. He and his tribe have a good heart and accepted the speech. . The second village is at the River Vermillion, called Piankashaw. The first chief and all the warriors were well pleased with the speech concerning peace but they said they could not give presently a proper answer, before they consulted the Miami nation, their eldest brethren. They desired me to proceed to the Miami town, Kekionga, and when coming back let them know what recep- tion I got from them. The said head chief told me that he thought the nations of the lake had a bad heart and were ill- disposed for the Americans and that the speeches would not be received particularly by the Shawnees at Miamitown. On the eleventh of April I reached a tribe of the Kickapoos. The head chief and all the warriors being assembled, I gave them two branches of white wampum, with the speeches of His Excellency, Arthur St. Clair, and those of Major Hamtramck. It must be observed that the speeches had been in another hand before mine. The messengers could not proceed further than the Vermillion on account of some private wrangle between the interpreter and some chief men of the tribes. Moreover something in the speech displeased them very much; it was that portion included in the third article which says-'I do now make you the offer of peace-accept it or reject it as you please.' These words seemed to displease all tribes to whom the first messenger was sent. They told me that they were menacing and finding that it might have a bad effect, I took it upon myself to exclude them and after making some apol- ogy they answered that they and their tribe were pleased with my speech and that I could go on without danger but they could not presently give me an answer, having some warriors absent and without consulting the Ouiatenons, they being the owners of the land. They desired me to stop at Quitepiconnae (Tippecanoe) saying that they would have the chief and warriors of the Ouiatenons and those of their na- tion assembled there and I would receive a proper answer. They said that they expected by me a draught of milk from
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the Great Chief and the commanding officer of the Post, to put the old people in a good humor; also some powder and balls for the young men for hunting and to get some good broth for their women and children --- that I should know a bearer of speeches should never be with empty hands. They promised to keep their young men from stealing and to send speeches to their nations in the prairies to do the same.
"The 14th of April, the Ouiatenons and the Kickapoos. were assembled. After my speech one of the head chiefs got up and told me --- 'Oh Gamelin, my friend and son-in-law, we are pleased to see you in our village and to hear by your mouth the good words of the Great Chief. We thought to receive a few words from the French people but I see the con- trary. None but the Big Knife is sending speeches to us. You know that we can terminate nothing without the consent of our brethren, the Miamis. I invite you to proceed to their village and speak to them. There is one thing in your speech I do not like. I will not tell of it; even were I drunk I would perceive it but our elder brothers will certainly take notice of it in your speech. You invite us to stop our young men. It is impossible to do it, they being constantly encouraged by the British.' Another chief arose and said --- The Americans are very flattering in their speeches. Many times our nation went to their rendezvous. I was once myself. Some of our chiefs died on the route and we always came back all naked and you, Gamelin, you come with speeches with empty hands.' Another one said to his young men --- 'If we are poor and dressed in deer skins, it is our own fault. Our Fie.ich traders are leaving our villages because you plunder thein every day, and it is time for us to have another conduct.' Still another one expressed himself as follows --- Know ye that the village of Ouiatenon is the sepulcher of our ances- tors? The chief of the Americans invites us to go to him if we are for peace. He has not his leg broken, having been able to go as far as the Illinois. He might come here himself and we should be glad to see him at our village. We confess that we accepted the ax but it is by the reproach we continually receive from the English and other nations, which receive the
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