Read Ebook: The Settlement of Illinois 1778-1830 by Boggess Arthur Clinton

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Clark's fears of the Indians were only too well grounded. During the summer, the American settlers were compelled to retire to a fort at Bellefontaine, and four of their number were killed. At the same time, about twenty Americans were killed about Vincennes. The French were still safe from Indian attacks and were very angry because the Americans complained of existing conditions. The strife between the French and the Americans at Vincennes, over the proper relations of the whites to the Indians, became intense. The French contended that the Indians should be allowed to come and go freely, while the Americans held that it was unsafe to grant such freedom. At last, upon the occasion of the killing of an Indian by the Americans, after they had been attacked by the Indians, the French citizens ordered all persons, who had not permission to settle from the government under which they last resided, to leave at once and at their own risk. The French told the Americans plainly that they were not wanted, and that they, the French, did not know whether the place belonged to the United States or to Great Britain. This last assertion was probably true. The British Michilimackinac Company had a large trading-house at Cahokia for supplying the Indians, they held Detroit, and their machinations among the Indians were constant. The feeling of all intelligent Americans in Illinois must have been expressed by John Edgar when he wrote that the Illinois country was totally lost unless a government should soon be established. Clark wrote a vigorous letter to the people at Vincennes, telling them that unless they stopped quarreling military rule would be established; that the government established under Virginia was still in force, having been confirmed by Congress upon the acceptance of the Virginia deed of cession, and that the court, if depleted, should be filled by election.

In one respect, even during this trying period, the western country gave promise of its future growth. There was a large crop. Flour and pork, quoted, strangely enough, together, sold at the Falls of Ohio at twelve shillings per hundred pounds, while Indian corn sold at nine pence per bushel.

On August 24, 1786, Congress ordered its secretary to inform the inhabitants of Kaskaskia that a government was being prepared for them. In 1787, conditions in the Illinois country became too serious to be ignored. The Indian troubles were grave and persistent, but graver still was the danger of the rebellion or secession of the Western Country or else of a war with Spain. The closure of the Mississippi by Spain made the West desperate. Discontent, anarchy, and petitions might drag a weary length, but when troops raised without authority were quartered at Vincennes, when these troops seized Spanish goods, and impressed the property of the inhabitants of Vincennes, and proposed to treat with the Indians, the time for action was at hand. In April, Gen. Josiah Harmar, then at Falls of Ohio, was ordered to move the greater part of his troops to Vincennes to restore order among the distracted people at that place. Intruders upon the public lands were to be removed, and the lawless and illegally levied troops were to be dispersed.

Arrived at Vincennes, Gen. Harmar proceeded with vigor. The resolution of Congress against intruders on the public lands was published in English and in French. The inhabitants, especially the Americans whose hold on their lands was the more insecure, were dismayed, and French and Americans each prepared a petition to Congress, and appointed Bartholomew Tardiveau, who was to go to Congress within a month, as their agent. Tardiveau was especially fitted for this task by his intimate acquaintance with the land grants of the region. Each party at Vincennes also prepared an address to Gen. Harmar, the Americans declaring that they were settled on French lands and feared that their lands would be taken from them without payment and asking aid from Congress, and the French expressing their joy at being freed from their former bad government. Many of Clark's militia had made tomahawk-rights, and this added to the confusion of titles.

From August 9 to 16, Gen. Harmar, with an officer and thirty men, some Indian hunters, and Tardiveau, journeyed overland from Vincennes to Kaskaskia, where conditions were to be investigated. The August sun poured down its rays upon the parched prairies and dwindling streams. Water was bad and scarce, but buffalo, deer, bear, and smaller game were abundant.

Harmar found life in the settlements he visited as crude as the path he traveled. Kaskaskia was a French village of one hundred and ninety-one men, old and young, with an accompaniment of women and children of various mixtures of white and red blood. Cahokia, then the metropolis, had two hundred and thirty-nine Frenchmen, old and young, with an accompaniment similarly mixed. Between these settlements was Bellefontaine, a small stockade, inhabited altogether by Americans, who had settled without authority. The situation was a beautiful one; the land was fertile; there was no taxation, and the people had an abundance to live upon. They were much alarmed when told of their precarious state respecting a title to their lands, and they gave Tardiveau a petition to carry to Congress. On the route to Cahokia, another stockade, Grand Ruisseau, similarly inhabited by Americans, was passed. There were about thirty other American intruders in the fertile valleys near the Mississippi, and they, too, gave Tardiveau a petition to Congress.

The Kaskaskia, Peoria, Cahokia, and Mitcha tribes of Indians numbered only about forty or fifty members, of whom but ten or eleven individuals composed the Kaskaskia tribe; but this does not mean that danger from the Indians was not great, because other and more hostile tribes came in great numbers to hunt in the Illinois country. The significance of the diminished numbers of these particular tribes lies in the fact that they had the strongest claim to that part of Illinois which would be first needed for settlement. At Kaskaskia and Cahokia, the French were advised to obey their magistrates until Congress had a government ready for them, and Cahokia was advised to put its militia into better shape, and to put any turbulent or refractory persons under guard until a government could be instituted.

Having finished his work in the settlements near the Mississippi, Harmar returned to Vincennes, where he held councils with the Indians, and on October 1, set out on his return to Fort Harmar. Although without authority to give permanent redress, he had persuaded the French at Vincennes to relinquish their charter and to throw themselves upon the generosity of Congress. "As it would have been impolitic, after the parade we had made, to entirely abandon the country," he left Maj. John F. Hamtramck, with ninety-five men, at Vincennes. Harmar's visit was doubtless of some value, but he had not been gone five weeks when Hamtramck wrote to him: "Our civil administration has been, and is, in a great confusion. Many people are displeased with the Magistrates; how it will go at the election, which is to be the 2d of Decr, I know not. But it is to be hoped that Congress will soon establish some mode of government, for I never saw so injudicious administration. Application has repeatedly been made to me for redress. I have avoided to give answer, not knowing how far my powers extended. In my opinion, the Minister of War should have that matter determined, and sincerely beg you would push it. I confess to you, that I have been very much at a loss how to act on many occasions."

This detracts from the value of Parker's representations, which had been made in a letter to St. Clair, the President of Congress. After explaining that when he left Kaskaskia, on June 5, 1787, the people did not have an intended petition ready, Parker complained of the lack of government in Illinois, the presence of British traders, the depopulation of the country by the inducements of the Spaniards, and the high rate at which it was proposed to sell lands. His complaints were true, although he may have failed to give them in their proper proportion.

On July 13, 1787, the Ordinance of 1787 had been passed by Congress. The Illinois country was at that time ready for war against the Spanish, who persisted in closing the Mississippi. The troops, irregularly levied by George Rogers Clark at Vincennes, had seized some Spanish goods on the theory that if the Spanish would not allow the United States to navigate the lower Mississippi, the Spanish should not be allowed to navigate the upper Mississippi. John Rice Jones, later the first lawyer in Illinois, was Clark's commissary.

The Ordinance of 1787 was the only oil then at hand for these troubled waters. The situation in Illinois was a complicated one, and probably the numerical weakness of the population alone saved the country from disastrous results. The few Americans in Illinois desired governmental protection from the Spanish, the Indians, the British, and any Americans who might seek to jump the claims of the first squatters; the few French desired protection from the Spanish, the Americans, the British, and soon from the Indians; the numerous Indians, permanent or transient, desired protection from the Spanish, the Americans, and in rare cases from an Americanized Frenchman. Americans, French, Spanish, British, and Indians made an opportunity for many combinations.

For the French inhabitants, the somewhat paternal character of the government provided for by the Ordinance was a matter of no concern. The great rock of offense for them was the prohibition of slavery. An exodus to the Spanish side of the Mississippi resulted and St. Louis profited by what the older villages of Illinois lost. In addition to a justifiable feeling of uncertainty as to whether they would be allowed to retain their slaves, the credulous French had their fears wrought upon by persons interested in the sale of Spanish lands. These persons took pains to inculcate the belief that all slaves would be released upon American occupancy. The Spanish officials were also active. The commandant at St. Louis wrote to the French at Kaskaskia, Cahokia, and Vincennes, respectively, inviting them to settle west of the Mississippi and offering free lands. Mr. Tardiveau, the agent for the Illinois settlers to Congress, tried to induce Congress to repeal the anti-slavery clause of the Ordinance. He said that it threatened to be the ruin of Illinois. Designing persons had told the French that the moment Gen. St. Clair arrived all their slaves would be free. Failing in his efforts to secure a repeal, he wrote to Gen. St. Clair, asking him to secure from Congress a resolution giving the true intent of the act. In this letter, Tardiveau advanced the doctrine, later so much used, that the evils of slavery would be mitigated by its diffusion. The first panic of the French only gradually subsided and the question of slavery was a persistent one.

One of the most industrious of those interested in the sale of Spanish lands was George Morgan, of New Jersey. In 1788, he tried to secure land in Illinois also. He and his associates petitioned Congress to sell them a tract of land on the Mississippi. A congressional committee found upon investigation that the proposed purchase comprised all of the French settlements in Illinois. Thereupon was passed the Act of June 20, 1788. According to its provisions, the French inhabitants of Illinois were to be confirmed in their possessions and each family which was living in the district before the year 1783 was to be given a bounty of four hundred acres. These bounty-lands were to be laid off in three parallelograms, at Kaskaskia, Prairie du Rocher, and Cahokia, respectively. They were to be bounded on the east by the ridge of rocks--a natural formation trending from north to south, a short distance to the east of the French settlements. Morgan was to be sold a large described tract for not less than sixty-six and two-thirds cents per acre. Indian titles were to be extinguished if necessary.

The Act of June 20, 1788, is an important landmark in the settlement of Illinois. The grant of bounty-lands was made for the purpose of giving the French settlers a means of support when the fur-trade and hunting should have become unprofitable from the advance of American settlement. This was a clear acknowledgment that the Indians were right in believing, as they did, that the American settlement would be fatal to Indian hunting-grounds. The Indians were soon bitterly hostile. Then, too, the claims of the settlers to land, founded upon French, British, or Virginia grants, were to be investigated. This investigation dragged on year after year, even for decades, and as it was the policy of the United States not to sell public land in Illinois until these claims were settled, the country became a great squatters' camp. The length of the investigation was doubtless due in part to the utter carelessness of the French in giving and in keeping their evidences of title.

The beginning of operations, in accordance with the acts just cited, was delayed by the fact that the governor and judges, appointed under the Ordinance of 1787, and who alone could institute government under it, did not reach the Illinois country until 1790. In the meantime, anarchy continued. Contemporary accounts give a good idea of the attempts at government during the time, and the fact of their great interest, combined with the fact that most of them are yet unpublished, seems to warrant treatment of the subject at some length.

The court at Kaskaskia met more than a score of times during 1787 and 1788. Its record consists in large part of mere meetings and adjournments. All members of the court were French, while litigants and the single jury recorded were Americans. Jurors from Bellefontaine received forty-five livres each, and those from Prairie du Rocher, twenty-five livres each. This court seems to have been utterly worthless. At Vincennes, matters were at least as bad. "It was the most unjust court that could have been invented. If anybody called for a court, the president had 20 livers in peltry; 14 magistrates, each 10 livers; for a room, 10 livers; other small expenses, 10 livers; total in peltry, 180 livers--which is 360 in money. So that a man who had twenty or thirty dollars due, was obliged to pay, if he wanted a court, 180 livers in peltry: This court also never granted an execution, but only took care to have the fees of the court paid. The government of this country has been in the Le Gras and Gamelin family for a long time, to the great dissatisfaction of the people, who presented me a Petition some days ago, wherein they complained of the injustice of their court--in consequence of which, I have dissolved the old court, ordered new magistrates to be elected, and established new regulations for them to go by." Upon the dissolution of the court, Maj. Hamtramck issued the following:

"REGULATIONS FOR THE COURT OF POST VINCENNES.

"In consequence of a Petition presented to me by the people of Post Vincennes, wherein they complain of the great expence to which each individual is exposed in the recovery of his property by the present court, and as they express a wish to have another mode established for the administration of justice--I do, therefore, by these presents, dissolve the said court, and direct that five magistrates be elected by the suffrages of the people who, when chosen, will meet and settle their seniority.

"One magistrate will have power to try causes, not exceeding fifty livers in peltry. Two magistrates will determine all causes not exceeding one hundred livers in peltry,--from their decision any person aggrieved may appeal to the District Court, which will consist of three magistrates; the senior one will preside. They will meet the third Tuesday in every month and set two days, unless the business before them be completed within that time. All causes in this court shall be determined by a jury of twelve inhabitants. Any person summoned by the sheriff as a juryman who refuses or neglects to attend, shall be fined the price of a day's labour. In case of indisposition, he will, previous to the sitting of the court, inform the clerk, Mr. Antoine Gamelin, who will order such vacancies to be filled.

"The fees of the court shall be as follows: A magistrate, for every cause of fifty livers or upwards in peltry, shall receive one pistole in peltry, and in proportion for a lesser sum. The sheriff for serving a writ or a warrant shall receive three livers in peltry; for levying an execution, 5 per cent, including the fees of the clerk of the court.

"The clerk for issuing a writ shall receive three livers in peltry, and all other fees as heretofore. The jury being an office which will be reciprocal, are not to receive pay. All expenses of the court are to be paid by the person that is cast. This last part may appear to you to be an extraordinary charge--but my reason for mentioning it is, that formerly the court made the one who was most able pay the fees of the court, whether he lost or no.

"The magistrates, before they enter into the execution of their office, will take the following oath before the commandant: I, A., do swear that I will administer justice impartially, and to the best of my knowledge and understanding, so help me God.

"Given under my hand this 5th day of April, 1788."

J. F. HAMTRAMCK, Majr. Comd'g.

A little later, Hamtramck wrote: "Our new government has taken place; five magistrates have been elected by the suffrage of the people, but not one of the Ottoman families remains in. One Mr. Miliet, Mr. Henry, Mr. Bagargon, Capt. Johnson, and Capt. Dalton, have been elected. You will be surprised to see Dalton in office; but I found that he had too many friends to refuse him. I keep a watch-side eye over him, and find that he conducts himself with great propriety."

The relief afforded by the new court was not complete, for soon came the report: "The people are very impatient to see Gen. St. Clair or some of the judges; in fact, they are very much wanted." The term of the members of the court expired in April, 1789, and no new members were elected, because the early arrival of Gen. St. Clair was expected. An interregnum occurred, and in November, 1789, Hamtramck wrote to Harmar: "It is high time that government should take place in this country, and if it should happen that the Governor was not to come, nor any of the Judges, I would beg that his Excellency would give me certain powers to create magistrates, a Sheriff and other officers, for the purpose of establishing Courts of Justice--for, at present, there are none, owing to the daily expectation of the arrival of the Governor. Those that had been appointed by the people last year, their authority has been refused in the courts of Kentucky, they declaring that by the resolve of Congress, neither the people of Post Vincennes, or the commanding officer, had a right to appoint magistrates; that the power was vested in the Governor only, and that it was an usurped authority. You see, Sir, how much to the prejudice of the people their present situation is, and how necessary it is that some steps should be taken to relieve them.

"The powers of the magistrates may be circumscribed as his Excellency may think proper, but the necessity of having such characters will appear when I assure you that at present no person here, can administer an oath which will be considered legal in the courts of Kentucky--and for the reasons above mentioned."

At last, on June 19, 1790, the judges for the Northwest Territory arrived at Vincennes.

The situation at Kaskaskia was even worse than that at Vincennes, because Vincennes had a garrison. To understand the complaints of the time, it is necessary to notice the relations with Spain. On the first day of 1788, Hamtramck wrote: "The Spanish commanding officers of the different posts on the Mississippi are encouraging settlers by giving them lands gratis. A village by the name of Zewapetas, which is about thirty miles above the mouth of the Ohio, and which was begun last summer, consists now of thirty or fifty families." In the following October, Morgan made flattering offers to persons who would settle at New Madrid. At the same time, the Mississippi was closed to Americans. Joseph St. Marie, of Vincennes, sent his clerk with a load of peltry to be traded to the Indians on the banks of the Mississippi. His goods were seized and confiscated by the Spanish commander at the Arkansas Post. The commander said that his orders were to seize all goods of Americans, found in the Mississippi below the mouth of the Ohio. Upon appeal to Gov. Miro, of Louisiana, the governor said that the court of Spain had given orders to send offending traders prisoners to the mines of Brazil.

The depopulation of Illinois led Hamtramck to write to Bartholomew Tardiveau, at the Falls of Ohio, asking whether it were true that the slaves of the French were to be free. Tardiveau responded that it was not true, and that he had written from New York, the preceding December, to Hamtramck and to Illinois concerning the matter, but that his letters had been intercepted. The true meaning of the resolve of Congress was published at Vincennes upon the receipt of Tardiveau's letter and was to be published in Illinois at the first opportunity. The narration of these facts was closed by the statement that if the governor or the judges did not come soon, most of the people would go to the Spanish side, "for they begin to think there are no such men as a Governor or Judges."

In September, 1789, Hamtramck received the following petition from Kaskaskia:

"To John Francis Hamtramck, Esqr., Major of the 1st U. S. Regt. and commandant at Post Vincennes, &c. &c.

"The inhabitants of Kaskaskias, in the Illinois, beg leave to address you, as the next commanding officer in the service of the United States, to lay before you the deplorable situation we are reduced to, and the absolute necessity of our being speedily succoured to prevent as well our total ruin, as that of the place.

"The Indians are greatly more numerous than the white people, and are rather hostilely inclined; the name of an American among them is a disgrace, because we have no superior. Our horses, horned cattle, and corn are stolen and destroyed without the power of making any effectual resistance. Our houses are in ruin and decay; our lands are uncultivated; debtors absconded and absconding; our little commerce destroyed. We are apprehensive of a dearth of corn, and our best prospects are misery and distress, or what is more than probable an untimely death by the hands of Savages.

"We are well convinced that all these misfortunes have befallen us for want of some superior, or commanding authority; for ever since the cession of this Territory to Congress, we have been neglected as an abandoned people, to encounter all the difficulties that are always attendant upon anarchy and confusion; neither did we know from authority until latterly, to what power we were subject. The greater part of our citizens have left the country on this account to reside in the Spanish dominions; others are now following, and we are fearful, nay, certain, that without your assistance, the small remainder will be obliged to follow their example.

"Thus situated, our last resource is to you, Sir, hoping and praying that you will so far use your authority to save an almost deserted country from destruction, and to order or procure the small number of twenty men with an officer, to be stationed among us for our defence; and that you will make order for the establishment of a civil court to take place immediately and to continue in force until the pleasure of his Excellency the Governor shall be known, and to whom we beg you would communicate our distress.

"We beg your answer by the return of the bearer, addressed to the Revd Mr. Le Dru, our Priest, who signs this in the name and at the request, of the inhabitants.

"Dated at Kaskaskia the fourteenth day of September, 1789.

"Ledru, cur? Des Kaskaskias pour tous les habitans Fran?ais de l'endroit et outres voisins de la partie Americaine.

"JNO EDGAR."

John Edgar offered to furnish provisions for the twenty soldiers asked for in the petition, and to take bills on Congress in payment.

Hamtramck responded to the petition by saying that sickness prevailed among the troops at Vincennes to such an extent that twenty men could not be sent thence to Kaskaskia, but that the request would be sent to headquarters. As to the civil department, the people were advised to elect two or three magistrates in every village. These should prevent debtors from leaving, and should levy on the goods of such debtors as had already gone to the Spanish side. "Let your magistrates be respectable men by their moral character, as well as in point of property; let them attend with vigilance to all disputes that may arise amongst you, and in a particular manner to the Indian affairs." This reply reached Edgar on the night of October 27, 1789. The next day, Edgar wrote to Hamtramck saying that it was probable that the recommendations in regard to establishing a civil government could not be carried out without a military force. The French were easily governed by a superior, but they knew nothing of government by an equal. Indians were constantly incited by the Spanish. They stole horses and escaped to the Spanish side. Edgar enclosed correspondence and depositions showing that on the night of the eighth of October, John Dodge and Michael Antanya, with a party of whites and Indians, came from the Spanish side to Kaskaskia, made an unsuccessful attempt to carry off some of Edgar's slaves, and threatened to burn the village. He adds " the spring it is impossible I can stand my ground, surrounded as we are by savage enemies. I have waited five years in hopes of a government; I shall still wait until March, as I may be able to withstand them in the winter season, but if no succour nor government should then arrive, I shall be compelled to abandon the country, and I shall go to live at St. Louis. Inclination, interest and love for the country prompt me to reside here, but when in so doing it is ten to one but both my life and property will fall a sacrifice, you nor any impartial mind can blame me for the part I shall take."

One day later, John Rice Jones wrote from Kaskaskia. The answer to the petition sent by Ducoigne and addressed to Ledru and Edgar, had been opened by the latter in the absence and by the consent of the former. Ledru had gone to be priest at St. Louis. At first he had refused the offer of the position, but when he received his tithes at Kaskaskia, he found that they would not support him, so he was compelled to move. He met no better treatment than de la Valiniere and Gibault before him, and no priest was likely to fare any better until a government was established. St. Pierre, priest at Cahokia, had gone to be priest at Ste. Genevieve, and it was said that Gibault was to be priest at L'Anse a la Graisse . Morgan had been coolly received at New Orleans, and his boasted settlement at New Madrid was almost broken up. The attempted seizure of Edgar's negroes could not be punished, because there was no one with authority to remonstrate with the Spanish, and private remonstrances were unheeded. The Spanish were making every effort to depopulate Illinois. They well knew that the people would follow their priests. Flattering offers had been made to Edgar by the Spanish, among them being free lands, no taxes, and free permission to work at the lead mines and salt springs. He had refused all offers, but if government was not established by the next March he would go to St. Louis, and if he went, Kaskaskia would be practically at an end. Twenty-four British trading-boats from Michilimackinac were on the Mississippi on the American side opposite the mouth of the Missouri. Their purpose was to attract Indian trade.

Gov. St. Clair arrived at Kaskaskia on March 5, 1790. With his coming anarchy technically ceased, but naturally the institution of an orderly government was a gradual process. In August, Tardiveau wrote to Hamtramck from Kaskaskia, saying that he hoped that Maj. Wyllys had given Hamtramck such a specimen of the difficulty of establishing a regular government and organizing the militia in Illinois as would induce the sending of a few regular troops from Vincennes. Even ten men would be a help. The Indians daily stole horses, and Tardiveau tried to raise a force to go and punish the offenders, but he was effectually opposed by a lawless band of ringleaders. A militia law and the Illinois civil power were useless to remedy the matter. There were plenty of provisions in Illinois to supply any soldiers that might be sent. Tardiveau was then lieutenant-colonel of the first regiment of militia, and also judge of probate, having been appointed by the governor. Harmar replied that it was utterly impracticable to comply with Tardiveau's request for soldiers.

On June 20, 1788, a congressional committee reported that there were about eighty families at Kaskaskia, twelve at Prairie du Rocher, four or five at Fort Chartres and St. Philips, and about fifty at Cahokia, making one hundred and forty-six or one hundred and forty-seven families in these villages. In 1766-7, the same villages, with Vincennes, were supposed to have about two thousand inhabitants; and about five years later, 1772, there were some fifteen hundred inhabitants in these villages, not including Vincennes.

It is not surprising that the population of the Illinois country decreased from 1765 to 1790. During these years, British and Americans had attempted to impose upon the French settlers a form of government for which they had neither desire nor aptitude. The attempt to immediately transform a subject people was a signal failure, but neither the attempt nor the failure was unique.

A proclamation issued by Estevan Miro, Governor and Intendant of the Provinces of Louisiana and Florida in 1789, offered to immigrants a liberal donation of land, graduated according to the number of laborers in the family; freedom of religion and from payment of tithes, although no public worship except Catholic would be allowed; freedom from taxation; and a free market at New Orleans for produce or manufactures. All settlers must swear allegiance to Spain. This proclamation came at a time when the West was divided in opinion as to whether to make war upon Spain for her closure of the Mississippi or to secede from the United States and become a part of Spain. It tended to continue the emigration from the Illinois country to Spanish territory, for public land was not yet for sale in Illinois.

To the professional rover, the inability to secure a title to land was the cause of small concern, but the more substantial and desirable the settler, the more concerned was he about the matter. Settlement and improvements were retarded. Before the affairs of the Ohio Company had progressed far enough to permit sales of land to settlers, the little company at Marietta saw, with deep chagrin, thousands of settlers float by on their way to Kentucky, where land could be bought. Squatters in Illinois were constantly expecting that the public lands would soon be offered for sale. The natural result was petitions for the right of pre?mption, because without such a right, the settler was in danger of losing whatever improvements he had made. In 1790, James Piggott and forty-five others petitioned for such a right. The petitioners stated that they had settled since 1783 and had suffered much from Indians. They could not cultivate their land except under guard. Seventeen families had no more tillable land than four could tend. The land on which they lived was the property of two individuals.

This same spring, about two hundred and fifty of the inhabitants of Vincennes had gone to settle at New Madrid. It is not strange that the act of March 3, 1791, made provisions intended to induce the Americans who had emigrated to the Spanish possessions to return. The history of the threatened Spanish aggression upon the western part of the United States is known in essence to anyone who has made the slightest special study of the period at which it was at its height. Morgan's scheme for a purchase of land in Illinois was not carried out, and he turned his attention to peopling his settlement at New Madrid. Down the Mississippi to New Orleans seemed the natural route for Illinois commerce. Slavery flourished unmolested west of the Mississippi. In 1794, Baron de Carondolet gave orders to the governor of Natchez to incite the Chickasaw Indians to expel the Americans from Fort Massac. The governor refused to obey the order, because Fort Massac had been occupied by the Americans in pursuance of a request by the Spanish representative at the capital of the United States that the president would put a stop to the proposed expedition of the French against the Spanish. The claim was advanced by Carondolet that the Americans had no right to the land on which the fort stood, but that the land belonged to the Chickasaws, who were independent allies of Spain. Two other reasons given for not obeying the order were that it would preclude the successful issue of the Spanish intrigue for the separation of Kentucky from the United States, and would hinder negotiations, then pending, for a commercial treaty between Spain and the United States. Carondolet regarded the Indians as Spain's best defence against the Americans, yet the whites prepared for defence, and in anticipation of the proposed French expedition of George Rogers Clark, a garrison of thirty men and an officer was placed at Ste. Genevieve, opposite Kaskaskia. Carondolet said: "This will suffice to prevent the smuggling carried on by the Americans of the settlement of Kaskaskias situated opposite, which increases daily."

Early in 1796, a petition was sent from Kaskaskia to Congress. The petitioners desired that they might be permitted to locate their donation of four hundred acres per family on Long Prairie, a few miles above Kaskaskia, on the Kaskaskia River, and that the expense of surveying the land might be paid by the United States. The act granting the donation-land had provided for its location between the Kaskaskia and the Mississippi. This land the petitioners declared to be private land and some of it was of poor quality. Confirmation of land claims directed to be made upon the Governor's visit in 1790 were delayed by the lack of a surveyor and the poverty of the inhabitants. The petition was signed by John Edgar, William Morrison, William St. Clair, and John Demoulin "for the inhabitants of the counties of St. Clair and Randolph"--the Illinois counties. The petitioners ranked high in the mercantile and legal life of the Illinois settlements, but they must have been novices in the art of petitioning if they thought that a petition signed by four men from the Illinois country, with no sign of their being legally representative, would be regarded by Congress as an expression of the opinion of the Northwest Territory. The part of the petition relating to lands was granted, but the major part, which related to other subjects, was denied on the ground that the petitioners probably did not represent public sentiment. During this same year Congress denied a number of petitions for the right of pre?mption in the Northwest Territory, because such a right would encourage illegal settling. It was also during this year that the first sales of public land in the Northwest Territory were authorized. The land to be sold was in what is now Ohio. No tract of less than four thousand acres could be purchased.

In 1800, two hundred and sixty-eight inhabitants of Illinois, chiefly French, petitioned Congress that Indian titles to land in the southern part of Illinois might be extinguished and the land offered for sale; that tracts of land at the distance of a day's journey from each other, lying between Vincennes and the Illinois settlements, might be ceded to such persons as would keep taverns, and that one or two garrisons might be stationed in Illinois. The petitioners state that the Kaskaskia tribe of Indians numbered not more than fifteen members and that their title to land could be easily extinguished; that not enough land is open to settlement to admit a population sufficient to support ordinary county establishments; that roads are much needed, and that many of the inhabitants are crossing the Mississippi with their slaves. The petition was not considered.

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