USA > Missouri > A history of Missouri from the earliest explorations and settlements until the admission of the state into the union, Volume II > Part 44
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The laws adopted by this legislative commission formed a pam- phlet of about 55 pages of the ordinary size of a law book of the present time. They were few in number, and as a whole, reflected the · Anglo-American sentiment of society at the time of their enactment as to certain offenses and as to social conditions. These laws introduced the whipping-post and pillory, altogether unknown to the civil law which had prevailed in the territory up to this period; also im- prisonment for debt and the sale of debtors. Evidently the thought that the feelings of criminals ought not to be lacerated by exposure in the pillory, that a public whipping-post lowered the chance of redeeming the malefactor, had not entered into the
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HISTORY OF MISSOURI
minds of these judicial legislators. The injustice of imprisoning a man for his debts, and selling him for his debts, was yet to be demonstrated so as to be relegated to the lumber-room of past ideas. By these laws arson was made punishable by death, and in addition, the injured party could recover his damages out of the per- sonal and real estate of the offender. But burglary in the night time was punishable only by a fine not exceeding $100, and at the discre- tion of the court the prisoner could be compelled to file surety for his good behavior not exceeding one year, and in default might be com- mitted to jail for one year. If a burglar succeeded in purloining property he was also fined in triple the value of the article stolen, one- third to go to the district and two-thirds to the party injured; but if while committing a burglary in a house or store, taking property therefrom, he was armed with a dangerous weapon, the offense was punishable by death. Highway robbery was punishable by fine not exceeding $100, but if the robber was armed with a dangerous weapon, clearly indicating an intention to do violence, the offense was also pun- ishable with death. Under these laws any person committing forgery was liable to be fined in double the sum out of which he defrauded a person by such forgery, and further, on conviction was forever there- after incapable of giving testimony, acting as juror, or filling an office of trust; and it was further provided that the offender should be set in the pillory for a space not exceeding three hours. Fraudulent con- veyances were declared void, and parties making such conveyances liable to a fine not exceeding $300 and to pay double damages to the party injured. On the subject of marriage these laws provided that male persons of the age of seventeen years, and female persons of the age of fourteen years might be joined in marriage, but previous notice of intention to marry was required to be given by publication for fifteen days, or at least for three successive Sundays or other days of public worship, in the church or meeting house of the town where the parties respectively resided; or, by publication in writing under the hand and seal of one of the judges of the General Court or Court of Common Pleas, or of the Justice of the Peace in the district; but if a license could be obtained from the Governor under his hand and seal authorizing the marriage, marriage could take place without publication. The sale of liquor to the Indians was strictly prohibited, a most important provision, and which we may be certain was generally not observed. Careful provision was made for licensing ferries. No person was allowed to maintain a house of public enter-
381
LAWS
tainment without a license from the court of Quarter Sessions under penalty of $10 per day for every day such person violated the laws. Stringent and severe laws were made for the government and manage- ment of slaves. Provision was made for the appointment of Justices of the Peace, Constables and Coroners in every neighborhood. In effect, but without making special reference to the fact, the civil law which theretofore had obtained in the territory was superseded by the common law. The era of summary justice and combined civil and military jurisdiction exercised by the several post-Commandants was at an end.
In July, 1804, President Jefferson, in order to give expression to the friendly feeling of the people of the United States toward the inhab- itants of the ceded territory, appointed four young men belonging to leading families of upper Louisiana to West Point, the new military school then just organized. The young men so appointed were Auguste Chouteau, Jun.,7 Charles Gratiot,8 and Pascal Vincent Bouis,9 from St. Louis; Louis Lorimier, Jun.,10 and Auguste Bougainville Lorimier 11 from the Cape Girardeau district, and in 1805 Louis Vallé 12 was so appointed from the Ste. Genevieve district.
7 Auguste Chouteau, Jun., was a son of Pierre Chouteau. He graduated June, 1806, and was appointed Ensign of the 2nd Infantry June 20, 1806. Served on the southwest frontier, as aide-de-camp of Brigadier-General Wil- kinson. Resigned in 1807 and engaged in the Indian trade from 1808 until 1838. He married Sophie, a daughter of Sylvestre Labadie in 1809. Died at Fort Gibson December 25, 1838.
8 Charles Gratiot graduated in 1806 and in October of that year was ap- pointed 2nd Lieutenant Corps of Engineers and Captain of Engineers 1808. He was Brevet Colonel of Michigan Militia in 1814; appointed Major Engineer Corps 1815; Lieutenant-Colonel Engineer Corps 1819; Colonel and Chief- Engineer United States Army May 14, 1828 and breveted Brigadier-General for meritorious service May 24, 1828. He served in the Missouri Territory in 1806-7, was Assistant Engineer in the construction of the Charleston harbor; taught mathematics at the Military Academy in 1812-14; was Chief Engineer of the Northern Army in the War of 1812 and rendered valuable services in that war; superintended the fortifications in Delaware Bay in 1816-17 and many other similar works on the Atlantic coast; he afterward was in command of the Engineer Corps and as such was ex-officio Inspector of the Military Academy and member of several Ordinance and Military Boards, but in 1838 was re- tired from the service. He died in Washington City. His wife, born at Phila- delphia in 1799, died in St. Louis at the age of 86 years.
º Pascal Vincent Bouis graduated and appointed 2nd Lieutenant of Ist U. S. Artillery in 1808; resigned 1808; planter near Parish Coupée, Louisiana; died 1811.
10 Louis Lorimier, Jr., graduated 1806, appointed 2nd Lieutenant Ist U. S. Infantry; served on the western frontiers; resigned in 1809 and died in 1830.
11 Never graduated.
12 Louis Vallé graduated in 1808, appointed 2nd Lieutenant of Ist U. S. Artillery, but declined appointment; became a merchant at Ste. Genevieve, where he died on September 24, 1833, aged 43 years.
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HISTORY OF MISSOURI
Governor Harrison and the judges of the Indiana Territory arrived in St. Louis October 1, 1804, and administrative changes in the government of the territory were then made. Colonel Samuel Ham- mond 13 was appointed Lieutenant-Governor or Commandant of St. Louis; Major Seth Hunt, Lieutenant-Governor or Com- mandant of Ste. Genevieve; Colonel Return J. Meigs 15 Lieutenant Governor or Commandant of St. Charles, and Colonel Thomas B. Scott16 Lieutenant-Governor or Commandant of Cape Girar- deau. For New Madrid, Pierre Antoine LaForge acted as civil Commandant. All these commandants except LaForge were army officers.17
The first judges of the Court of Common Pleas and Quarter
13 Born in Richmond county, Virginia, Sept. 21, 1757; was at battle of Pt. Pleasant; served in the Revolutionary war; was at King's Mountain; removed to Georgia, represented the Augusta district in Congress; lived at "Varello" near Augusta when offered appointment in Louisiana territory June 30, 1804, and writes General Dearborn that he accepts reluctantly; in 1830 removed from Missouri to South Carolina where he filled the position of surveyor-general and secretary of state, and died in Hamburg in that state Sept. 11, 1842, at the age of eighty-five years. Jefferson Papers, 3d Series, vol. 10.
15 Born in Middleton, Conn., Nov. 16, 1769; graduate of Yale college, 1785; studied law; accompanied his father, R. J. Meigs, to Marietta, Ohio, and began to practice law there; aided in the formation of the territorial government of Ohio; territorial judge and Chief Justice of Supreme Court of Ohio; breveted Colonel of U. S. army, and appointed Commandant of the St. Charles district of Louisiana Territory, 1804; Judge of the Territory, 1805; Judge of the Territory of Michigan; elected Governor of Ohio, but declared ineligible; elected United States Senator from Ohio; resigned in 1810; elected Governor of Ohio, and appointed Postmaster General by President Madison, 1814; reappointed by President Monroe and served until 1823; resigned then and withdrew from public life; died at Marietta, Ohio, 1824. Originally a Federalist, and appar- ently held office during his whole life.
16 In a letter to Jefferson General Wilkinson says that he is "the soundest and ablest man in the territory " and will give him correct information as to political conditions. Letter to Jefferson, dated Nov. 6, 1805, No. 116. John Baytop Scott was the son of Thomas Baytop Scott and Katherine Tompies and born in Prince Edward county, Virginia, September 26, 1761. In 1777 he enlisted in a company of Virginia Cavalry under command of his brother Charles Scott, and served under "Lighthorse Harry Lee" until the close of the Revolution. He then entered William and Mary College where he graduated. In 1799 he was Brigadier General of the Virginia State troops. In 1805 he was appointed Colonel of the United States Army by brevet and Commandant of the Cape Girardeau district. He rode from Virginia on horse- back to this district where he arrived on April 20, 1805. In the following year he returned to Virginia accompanied by a son of Lorimier, Verneuil, to be educated there. After he arrived in Virginia he resigned. In 1812 he was a candidate for Congress, but died before the election, aged 53 years.
17 Albert Gallatin says, "I dislike so much the appointment of military com- mandants in upper Louisiana, and perhaps for that reason think it probable that the system will soon be repealed, that the choice of proper persons has not appeared to me to be of first rate importance." Jefferson Papers, 3d Series, vol. 5, No. 50.
383
THE NEW COURTS
Sessions in St. Louis in 1804, appointed by Governor Harrison, were, Auguste Chouteau, Jacques Clamorgan, David Delaunay, James Mackay, and Charles Gratiot, Presiding Judge. James Rankin was appointed Sheriff, and Marie Philip Leduc, Clerk and Recorder. Edward Hempstead was selected as Attorney-General pro tem., and William Sullivan appointed first Constable. A house belonging to Jacques Clamorgan was rented for a jail. The first grand-jury summoned was composed of: Antoine Soulard, Ber- nard Pratte, Thomas F. Riddick, Wilson Hunt, Joseph Bouré, Joseph Brazeau, Antoine Vincent, Sylvestre Labadie, Joseph M. Papin, Jean Baptiste Trudeau, François M. Benoist, Boyd Denny, Pierre Dodier, Calvin Adams, Emelien Yosti, Hyacinthe St. Cyr, Andre Andreville, Benito Vasquez, Jerome Hubert, Patrick Lee, Yacinte Egliz, Joseph Ortiz, Louis Brazeau, Joseph Perkins, and four being absent, Joseph Brazeau, J. B. Trudeau, F. M. Benoist and Patrick Lee, were fined five dollars each and thus given an object lesson in the new methods of a free country, expecting every citizen to bear his part of the civic burden.
In 1805 three additional judges from the country outside of St. Louis participated in the proceedings of the St. Louis court, namely : Alexander McNair, Richard Caulk, and Joseph Allen. At this session John B. Billon was authorized to keep a ferry across the Missouri at St. Charles, an important matter at that time. The ferry license across the Mississippi and Missouri rivers was fixed at ten dollars a year; the license for a billiard table was made one hundred dollars a year. It was also ordered that shaved deer skins at the rate of three pounds to the dollar in the winter months, from October to April, should be a legal tender, but that at other periods of the year cash must be paid. At a special term, 1805, Calvin Adams, Andre Andreville and William Sullivan were authorized to keep tav- erns. The record further shows that Sheriff Rankin was fined six dollars for "insolence and contempt " of court, and removed from office, and Josiah McLanahan appointed his successor in June following.
For the Ste. Genevieve district, the court of Common Pleas and Quarter Sessions was organized on December 11, 1804, at the house of . Andrew Buat. Moses Austin, Jacques Guibourd, Benjamin Stro- ther, John Hawkins, and Francis Vallé were appointed judges, William C. Carr acted as the Attorney of the United States pro tem. Israel Dodge was appointed Sheriff, and Thomas Oliver, Clerk of the court. This court appointed Andrew Morris, of New Bourbon,
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HISTORY OF MISSOURI
Peter Lenral of Ste. Genevieve, Joseph Tucker of the Saline, Thomas Donohoe between the Saline and Cape Girardeau line, John Paul of Bellevue and Bernard Foster of Mine à Breton, constables of these localities respectively. The venire of the grand jury was composed as follows: Joseph Spencer, William Hickman, John Price, Joseph Pratte, Andrew Henry, Pascal Detchemendy, Charles Smith, Robert J. Brown, William Murphy, David Murphy, Francis Clark, Camille DeLassus, James Hunter, John Durget, Samuel Bridge and Aquilla Low.18
The court of Common Pleas and Quarter Sessions for the Cape Girardeau district, commissioned by Governor Harrison, met on the 19th of March, 1805, namely: Christopher Hays, Presiding Judge, Louis Lorimier, Thomas Ballew, Robert Green, John Guething, John Byrd and Frederick Limbaugh, associate judges. Joseph McFerron produced his commission as Clerk of the court, and John Hays as Sheriff. The following named persons composed the first grand jury, and were sworn in as such: Henry Sheridan, James Earles, Joseph Waller, John Taylor, Daniel Harkelrode, Louis Lathem, John Patterson, Matthew Hubbell, Elijah Whitaker, Ithamar Hubbell, Martin Rodney, Samuel Pew, James Boyd, William Boner, John Abernathy, Samuel Randol, James Currin, Robert Crump, Samuel Bradley and Frederick Bollinger.19
For the district of New Madrid, Dr. Richard J. Waters, Elisha Windsor, Henry Masters, John Baptiste, Olive and Michael Amoreaux were appointed judges of the Court of Common Pleas and Quarter Sessions, and Joshua Humphreys, Clerk, and George Wilson, Sheriff ; and thus constituted the court formally organized in March, 1805.
Of the Court of Common Pleas and Quarter Sessions for St. Charles district, Francois Saucier was appointed Presiding Justice, Daniel Morgan Boone, François Duquette and Robert Spencer, associate judges. Rufus Easton was Attorney-General, Dr. Mackay Wherry, Sheriff; Edward Hempstead, Clerk. The Court first met in the house of Dr. Reynal, in January, 1805, and on this lot afterward the court house of St. Charles County was erected. At this time the whole St. Charles district, embracing all the country to the northern limits of the United States west of the Mississippi to the Rocky Mountains, only had a population of 765, including 55 slaves.
A new system of government was thus peacefully inaugurated,
18 History of Southeast Missouri, p. 310.
19 History of Southeast Missouri, p. 316.
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AGITATION
widely different in principle from that under which the people had lived. For the political peace and order which had prevailed in these isolated settlements, what must have seemed at least to the French habitans political anarchy was substituted. Political con- troversy and loud declamations of political agitators became the order of the day. Instead of the respect with which the people had been accustomed to regard the representatives of the government, openly expressed contempt for such officials was very often mani- fested. They soon learned that every act of the government and every representative of the government could be violently and acrimo- niously criticised with impunity. The rich and influential residents soon found, that in order to have their rights protected, it was neces- sary to make their grievances known in an unmistakable manner.
Urged by self-interest the rich, quiet and self-contained French residents of the new territory with wonderful rapidity adapted themselves to the new order of things. Hence as soon as it was found that under the Act of Congress, all land grants made after the treaty of St. Ildefonso were declared void, a fierce opposi- tion to it arose. The act was attacked, because it attached the country to the territory of Indiana, because it was proposed to transfer the Indians on the east side of the river into the country, and because it denied the people the right of self government. The fact, however, that the act did not confirm the land-grants made under the Spanish regime undoubtedly filled the minds of the people, the French as well as the Americans, who had settled in the province and received such grants from the Spanish officials, with apprehension and alarm. Those American settlers who had come into upper Louisiana, but for some reason had not received land-grants from the Spanish commandants, but who thought that they had some sort of equitable claims, also were greatly dissatisfied. Thus it came, although at the time of the transfer few people expressed any dissatisfaction or opposition, within six months after the American occupation great and wide spread dissatisfaction existed, and the change of government by many was greatly lamented.
In a letter dated August 23, 1804, Major Waters writes President Jefferson that the country was "by no means satisfied with some parts of the law" of 1804, and that a petition has been "drawn up" against it; that the distance between Vincennes and the country is so great "through a prairie country, almost impassable in the winter, and in a manner uninhabited," that it "will make communication almost
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HISTORY OF MISSOURI
impracticable," and that the people wish to have a Governor and proper officers "to reside amongst them." He further says, "They consider that part of the law of Congress that makes provision for a treaty to be held with the Indians on the east side of the Mississippi for an exchange of lands on the west to be dangerous to them in their present weak state; their scattered situation up and down the Missis- sippi, and the great distance between them in and out of settlements, makes it hard to embody and join them in their common defense. They did hope that Congress would have passed a law for the strength- ening of this country by settlements, sales, or otherwise, and put them in a situation to have defended themselves against those Indians already on their frontiers who have been robbing and plundering them with impunity these many years; instead of which they see a law passed to set other tribes of savages on their frontiers. The people here that were not concerned in the speculation of lands are much pleased that Congress has overdrawn all those large grants; they how- ever regret that Congress has made no provision for those that would have been entitled to lands under the Spanish government; for the Commandants in many, and very many instances, refused permission to settle to some whom they did not care to oblige, and these relying on a change of officers, have got no lands although entitled thereto. They lose their headright unless Congress passes some law for their relief. I will observe one thing to you, Sir, that many people here do not like the change and every law that is passed that puts them in a worse situation than they would have been under the Spaniards is criticised and the worst construction put on, and those that are fond of the change feel much disappointed at the law that Congress has passed for the government of this country. Anything like a representative government would please them much, for the privilege of choosing a committee has animated them greatly, as it is a privilege they never could have had under the Spanish government. I am certain if Con- gress passed a law granting the request of this people, if it should not be altogether according to the plan first laid down for disposing of this country and governing thereof, it would be an advantage to America generally, for in my opinion to gain over the people to be fond of the American laws and customs will be gaining a great point, and I know of only one means, and that is by suffering immigration to this country." 20
20 Major Thomas Willoughby Waters came to Cape Girardeau from South Carolina, in March 1804; was a man of property for those days, a slave owner; in South Carolina had served in the Revolutionary war; engaged in merchan- dising and farming at Cape Girardeau, in 1804, with one Hall, the firm being
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TAXES
The large Spanish grantees did not at once realize the great bene- fits they had hoped for by the confirmation of their grants, and as yet the stream of immigration was small and the demand for land limited. Ashe says, "When Louisiana belonged to the King of Spain the Spanish cultivators valued their improvements at from $20 to $100 per acre. Now that it appertains to the United States they offer the same settlements for $1 per acre,- in many instances for one-fourth of a dollar." But Ashe is not always reliable.21 On the other hand, it was found that the American occupation of the country meant taxation and military service without compensation. Stod- dard says that the French were not reconciled, nor some of the Amer- icans, on account of the change of government because of the taxes. 22 During the time Spain was in the occupation of upper Louisiana no taxes of any kind were collected from the people, but on the other hand Spain paid out large sums of money to its officers and soldiers, all of which was distributed in the country. It was clearly perceived by the people and land owners, both French and Americans, that under the new government they would have to pay taxes, work the roads, render military service, furnish their own rifles, powder and ball, knapsacks and even provisions, in order to protect themselves against the inroads of the Indians; that the settlement of land titles provided by the Act of 1804 would take a long time, and that the method of doing business in a summary and quick way, with which they were familiar under the Spanish government, would be followed by a slower, more expensive and technical system. It was apparent that the system of litigation introduced by the Americans checked trade in upper Louisiana and hence arose great dissatisfaction. Peo- ple preferred the quick judgment of one man to twelve.23 The costs
known as "Waters & Hall." In his letter to Jefferson he applies for the position of Commandant, as follows: "I am, sir, one of those that offer - my situation in life makes an office for my support by no means necessary; I offer only be- cause no one is fit to fill the office, and I filled a higher military office than any one here, except one man (meaning likely Colonel Christopher Hays) who is upwards of sixty years old; and I also hope that my character as an American and as a gentleman will give me a preference to any that may offer against me."
21 Ashe's Travels, vol. 3, page 113.
22 Stoddard's Louisiana, page 311. Boone did not enjoy the change of government; he and others became Spanish subjects "to avoid crowds, to get and keep cheap land, to avoid taxes, to hunt big game and to live a simple Arcad- ian life." Thwaites' Life of Boone, p. 227.
23 Stoddard's Louisiana, page 281, and he says, " it is but justice to observe, that their judicial officers were in most instances upright and impartial in their decisions"- more than can be said in these days generally about the verdicts of juries, especially in corporation cases.
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HISTORY OF MISSOURI
or legal fees in suits under the Spanish règime on notes and bonds and other undisputed claims, Stoddard says, " even to judgment and execution never exceeded four dollars."
Nor did the people relish the idea that the District should be attached to the Territory of Indiana. Undoubtedly by giving the Territory of upper Louisiana the designation "District" an inten- tional difference in the government from that of a territory was intended, and this was one of the causes of popular discontent. Ac- cordingly, in September of that year, and within six months after upper Louisiana had been occupied by the United States, a conven- tion of delegates selected by the people of the several districts of upper Louisiana met in St. Louis to give expression to this discontent. The convention was the first meeting of this character west of the Missis- sippi, and the manner in which it brought before Congress the grievances of the people, as well as the persons who participated in the proceedings, are not now without interest to us. Charles Gratiot was elected President of the assembly, and J. B. Provenchère, Secre- tary. After deliberating for some ten days, the delegates addressed a memorial to Congress in which all the objections to the Act of March 4th are set forth. It is a comprehensive exposition of the condition of the new territory, and of the needs of the people thereof. Some of the suggestions embodied in it were subsequently adopted by Con- gress, and afterward from time to time extended to other territories carved out of the Louisiana purchase, and also applied to territories acquired by conquest from Mexico. This memorial makes spirited objection to the transfer of the Indians on the east side of the Mississippi into the new territory. The provision of the Act by which the new territory is attached to the Indiana territory is thus discussed :
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