|OPyRIGHT. ICANNOT LEAVE THE .IBRARY. PUBLICATIONS OF THE ILLINOIS STATE HISTORICAL LIBRARY F 545 A 51 THE COUNTY OF ILLINOIS CLARENCE WALWORTH ALVORD L'NiVEKSITY OF ILLINOIS Reprinted from the ILLINOIS HISTORICAL COLLECTIONS Volume II PUflUSHED BY THt ILLINOIS STATE HISTORICAL LIBRARY IQ07 Class. Book. r^ Copyright ]^°. COPYRIGHT DEPOSrr PUBLICATIONS OF THE ILLINOIS STATE HISTORICAL LIBRARY THE COUNTY OF ILLINOIS BY CLARENCE WALWORTH ALVORD UNITERSITY OF ILLINOIS Reprinted from the ILLINOIS HISTORICAL COLLECTIONS Volume II PUBLISHED BY THE ILLINOIS STATE HISTORICAL LIBRARY 1907 Copyright 1907 BY The Illinois State Historical Library PJRARY of CONGRESS OneO«i»)r Hecdved I FEB 8 1908 \iji,ti'ncni tnery (cuss «- XXc. No. / y / 3 3 COPY A. ^{je lLafccsit}c ^i9rt>9 R.R. DONNELLEY fc SONS COMPANY CHICAGO ILLINOIS STATE HISTORICAL LIBRARY BOARD OF TRUSTEES Edmund Janes James, President McKendree Hypes Chamberlain, Vice-President George Nelson Black, Secretary Mrs. Jessie Palmer Weber, Librarian ADVISORY COMMISSION EvARTS BouTELL Greene, Chairman James Alton James Henry Johnson * Edward Carleton Page Charles Henry Rammelkamp Edwin Erle Sparks * RESIGNED SEPTEMBER, I906 INTRODUCTION. On the banks of the Mississippi in southwestern Illinois, lies the American Bottom, the land most hallo\yed by romance and history of all the lands of the old Northwest. Taking no account of the prehistoric epoch whose monuments survive in the numerous Indian mounds of the region, we find its history running back over two centuries to the time when the first white settlers placed their villages by the side of the great river of the West in an attempt to realize the idea of a colonial empire as conceived by the Grand Monarch in his palace at Versailles. Here for almost a hundred years, while the dominion over the Northwest was passing from France to England and from England to the United States, these villages endured unchanged amidst the creeks and ponds of the bottom, which mirrored in their quiet waters the old world civilization transported into the heart of the wilderness from feudalized France. The American Bottom' extended southward from opposite the mouth of the Missouri for about a hundred miles to the point where the KaskaskifT formerly emptied her waters into the Mississippi; but within recent times the lower part of this tract has been cut away by the greater river's breaking through to the bed of the smaller, thus conveying to the Missouri side a piece of this historic ground. Here is foimd some of the most fertile land in the United States. Like historic Egypt, it is the gift of a river and, like it, is submerged at intervals, although not periodically, by the fertilizing waters that gave it birth. In breadth the bottom land varies from three to seven miles, the average bemg about five. When the first settlers came, it pre- 1 The name was given it when the Mississippi formed the western boundary of the United States. It was probably thus named by the Spaniards across the river. (Peck, A Gazetteer of Illinois, 2d ed., 5.) Another explanation of the name has been derived from the fact that the Americans spread their settlements over the bottom land more than the French. This latter explanation must have arisen after the United States acquired Louisiana and the name had lost its earlier significance ILLINOIS HISTORICAL COLLECTIONS sented to the eye a view of almost tropical luxuriance, inviting the beholders to make their homes in a spot that ofifered more than the land of promise flowing with milk and honey. Along the bank of the Mississippi was a forest of about a mile in width, wherein grew various kinds of nut trees, hickory, pecan, black walnut, and here and there were scattered groves of crabapple and single trees of the persimmon and mulberry. The underbrush was composed of numberless thickets of wild plums, blackberry and other bushes; and all were matted together by the grapevines, which, in their efforts to gain the sunlight, twined serpent-like about the tree trunks, encircled the branches, and almost covered the tops with their broad leaves. On the east side of the bottom was a long stretch of limestone bluffs, rising perpendicularly from the plain to the height of about a hundred feet, effectually cuttmg off the low land from the prairies beyond. The bluffs presented their rough-hewn faces to the view like the bastions of some cyclopian fortress, but in places they were screened by the trees which clung to their sides and hung from their crests. Between the forest and the cliffs lay an undulating meadow, the surface of which was ^varied by belts of trees bordering the lakes and ponds or fringing the streams which had fomid their way through the bluffs and followed their quiet courses to the great river beyond. On both meadow and bluff the growth of the flora was luxuriant. In the marshy places the reeds raised their slender tops far above the head of the passer-by, hiding from view the snowy lilies serenely floating on the surface of the ponds; while in forest, field, and swamp the bluebells, goldenrod, mallows, and cardmal flowers made the scene on every side gay with their briUiant hues. Here nature offered her gifts with boimteous hand ; but as in all such lands of tropical prodigality the climate was warm and enervating, inducing in man a love of indolence and repose rather than the more virile emotions. The ponds and streams, so beauti- ful with their fringe of foliage in spring, became in summer stag- nant and were the breeding places of myriads of mosquitoes, which scattered the germs of disease among the hardy invaders INTRODUCTION of the wilderness. In the springtime the waters of the Missis- sippi submerged the land and occasionally stretched in an unbroken expanse from the blufifs of Illinois to those of the opposite shore. ^ This is not the place to tell the earliest history of this region, of the exertions of the French to settle and hold the Mississippi valley, or of that inevitable struggle with England which ensued ; for the narrative of the documents printed in these pages be- longs to a later period. When their story begins the American Revolution was at its height, and the echoes of that struggle, heard on the banks of the Mississippi, had awakened in the hearts of the French habitants a fond hope of freedom; when their story ends, the constitution of the United States had been adopted and the new-bom nation was prepared to attempt the solution of the difficult problems incident to her heritage in the West. Between these dates the American frontiersmen had found their way to the Illinois and the dramatic struggle of Anglo-Saxon energy with Gallic quietism had begim. In the year 1778 there was a population of less than a thou- sand white settlers and of about the same number of negroes and Indians in the villages of the bottom. At the north was Cahokia with its three hundred whites and eighty negroes; forty-five miles south was St. Philippe, formerly inhabited by a dozen fami- lies, but now, because of the exodus of the French at the time of the transference of the territory to the British, with only two or three remaining ; at Fort de Chartres village, called Nouvelle Char- tres, there still lingered a few French settlers; three miles farther south Prairie du Rocher nestled under the bluffs, from which it took its name, with a population of a hundred whites 'and almost as many slaves ; and^ at the extreme south was' the ' Hutchins, Topographical Descriptton, ed. Hicks, 106 et seo.; for a good description o the American Bottom, see Flagg, The Far West, in Thwaites, Early Western Travels, xxvii 106 et seq. At the end of this volume will be found a map of the American Bottom taken trom Collot, Voyage dans L'Amerique Septentrionale. This map was originally printed wrong way around, for the river flows north and south instead of east and west as indicated by the caption. I have removed the compassof theoriginal map, but havenot made the other necessary alterations, preferring to print it as in the original. The basis of this map was undoubtedly Hutchins' well-known map of the same region. My additions are the names of Prairie du Pont, Grand Ruisseau and Prairie du Rocher I have also changed the name Fountain to Belle Fontaine ILLINOIS fflSTORICAL COLLECTIONS metropolis of the bottom, Kaskaskia, which boasted eighty houses, five hundred white inhabitants, and almost as many black. The settlement of the white men in the bottom had not driven out the aborigines, for the French have always dwelt in peace with the American Indians, the management of whom they under- stood far better than did the Anglo-Saxons. Near the French villages were the homes of these children of the prairies, who numbered at the time less than five himdred members of the four remaining tribes of the Kaskaskias, Peorias, Mitchigamies, and Cahokias. The French and British travelers.are unanimous in describing these Illinois Indians as degenerate descendants of a once warlike people. Their association with the French, instead of fitting them better to meet the trials of life in the wilder- ness, had corrupted the qualities of bravery and physical courage and made them the debauched parasites of their white neigh- bors.^ Besides these settlements of the American Bottom on the Mississippi River, there were in the valley of the Wabash the two important posts of Ouiatanon and Vincennes, the latter of which rivaled the Illinois villages in population and importance ; for it was by the Wabash that the principal trade route between the more western posts and Canada ran.^ Many smaller settlements were scattered throughout the region; at Peoria on the Illinois river, where lately Jean Bte. Mailhet had revived an older trad- ing post; at St. Joseph^ on the river of the same name, and at Miami; and here and there smaller groups of French traders might be found in the Indian villages and elsewhere. These smaller posts served only the purposes of trade. Their white inhabitants, being migratory in their habits, either followed the Indians on their periodic hunts or went from one post to another merely to buy the furs when the Indians returned. The British dominion ended with the Mississippi River. On the western bank were other French villages such as St. Louis and * Pittman, European Settlemenis on t}u Mississippi, ed. Hodder, 84 et seg.; Hutchins, Topographical Description, ed. Hicks, 107 et seq. 2 Benton, The Wabash Trade Route, J. H. U. Studies, xxi.; Dunn, Indiana, passim; Craig, Ouiatanon, in Ind. Hist. Soc. Publications, ii.; Franz, i?»« Kolonisation des Mississippi- tales, 199. INTRODUCTION Ste. Genevieve, belonging to the government of Spain. They did not differ greatly in character or population from these of the British shore ; but since the rule of the Spaniard was on the whole more congenial to the Gallic temperament, many of the more progressive settlers from the eastern bank had made their homes there during the last decade, and the Spanish bank enjoyed greater prosperity and a more rapid mcrease of population than did the British, advantages which the events of the succeeding years tended to augment, so that at the end of the period imder review the Spanish shore had profited by the misfortunes of the neighboring villages.^ Most of the French of the western posts came from Canada, with which coimtry they retained constant communication through trade and exchange of messages on family affairs. Very few had come directly from France and the number from southern Loui- siana was relatively small.^ Here in Illinois and on the Wabash which under both the French and British regime were subject to the same jurisdiction,^ they had lived for one or two generations, engaged in the pursuits of trade and the cultivation of their small farms. The majority, known as the habitants, coming as they did from the lower classes of France, were illiterate and ignorant; and their life in the wilderness, far removed from the restraints of civilized society, had not improved their mental or moral qualities, but had developed those best fitted to their mode of living. Like the Indians with whom they associated and even intermarried,* they were active, adroit and hardy, but * See post, pp. cxlii el seg. 2 See notes to census on pp. 624 et seq. Reynolds {My Own Times, ch. xii.) says that the population of Kaskaskia and Cahokia showed differences due to their origins, the former being settled from Mobile and New Orleans and the latter from Canada. Although I have not traced out the origin of all the families of Kaskaskia as I have of those of Cahokia, I have noticed no indications of such a difference. Certainly all the prominent families of Kaskaskia were Canadian and the names of the other families are easily recognized as coming from the same place. Although it is necessary to make some use of Reynolds' books, they must be recognized as the most unreliable sources for the early period that we have. More errors in the histories of the state may be traced back to his statements than to any other one source. 3 This is true only of the more important village, Vincennes; for Ouiatanon was under the government of Canada, and Vincennes with the Illinois villages in the province of Loui- siana during the French period. Dunn, Indiana, 58. *A11 writers testify to the intermarrying between the French and Indians, but I have been surprised at the infrequency of the occurrence of marriage contracts between repre- sentatives of the two races among their records. This may be due to the fact that contracts on such occasions were not used. I am inclined to believe, however, that the frequency of such marriages has been somewhat exaggerated by the travelers. IIJJNOIS: HISTORICAL COLLECTIONS also cunning and treacherous. At their best the voyageurs and coiireurs de bois could be seen laboriously pulling their flat boats laden with produce up the rivers or gliding in their canoes on the wood-girt streams and ponds in pursuit of game. In such labors they were merry, patient, and industrious; as a rule they were faithful in the performance of their engagements and were warm in their friendships, but to their enemies revengeful and ready to take the meanest advantage. Yet their life amidst the dangers of the forest did not develop in them physical courage, for in the presence of an unexpected attack from Indians or others they were generally timid and resourceless.^ Without doubt many individual examples of pluck and bravery might be enumerated; but in comparison with the American frontiersmen the French voyageurs and coureurs de hois exhibited little boldness and initia- tive in action. Returned to the settlement they were careless and pleasure loving, dissipating their energies in drinking, gam- bling, and gossiping; and, as irresponsible as children, they were easily turned aside from the pursuit of their real interests. It can be readily understood that to the men who followed the wilderness trace or tracked the wild beasts in the dark forest, agriculture and the mechanic arts would offer little or no attrac- tion ; but even in the pursuit of their calling one looks in vain for a sign of the enterprising spirit of the Anglo-Saxon. Although priests and governors made loud complaint of the dis- orderliness of these habitants, yet their pleasures and vices were of a far milder type than those of their counterparts, the Ameri- can backwoodsmen. The French always retained a respect for law and constituted authority and preferred to be guided rather than to lead. The expression of their individualism was checked in the presence of officials, for government meant to them authority with a divine right to rule. In all their dealings, busi- ness and social, they never neglected to call in the assistance of notary or judge, whose legal papers they preserved, as their records show, with the greatest care and reverence. In their 1 Tliis is abundantly proved by the following pages. Such is also the testimony of the fur traders of the far West, who employed the descendants of these French as voyageurs and hunters. Chittenden, American Fur Trade, 1. 57. INTRODUCTION petty quarrels with each other the Frenchmen saw no disgrace in seeking from the court a "reparation of honor" instead of ending them with the brutal fights common among the Americans. Though given to drinking and gambhng, the dance was their favorite amusement, and to the weekly frolic came the men and matrons, the young men and maidens ; and even the priest graced these festive gatherings. Here all danced imtil the small hours of the night or even to daybreak with no appearance of rowdy- ism or vulgarity to mar their simple festivities.^ It is due to the remembrance of this lower class, the habitants, that travelers, both French and English, have condemned in such unmeasured terms the Illinois French settlers; but the pic- ture of the village society would be incomplete if limited to a description of the coureurs de bois and voyageurs; for it was never wholly vulgarized and depraved, owing to the presence here of many persons from the better classes of France and Canada — the gentry, Clark called them — who, accustomed to greater refinements of life than those of the log cabin, endeavored to surround themselves with such little elegancies as might be brought from Canada or elsewhere. Some of the residents could claim nobility of birth. The acting commandant in 1778 was son of the seigniorial lord of Savoumon, the sieur de Rocheblave. Timothe Boucher, who a few years later held a similar position, was the sieur de Monbreun,^ a grandson of Pierre Boucher several times governor of Three Rivers, who was ennobled for his services in 1660. Among the gentry, which was a rather elastic term, were also many well-to-do men, who had risen to prominence in the Illinois or else possessed some patri- mony, before migrating to the West, which they had increased by trade. Such was Jean Bte. Barbau of Prairie du Rocher, the members of the Bauvais ^ and Charleville families of Kaskaskia ' Reynolds, My Own Times, ch. xii. 2 For an account of his place in Illinois history, see post, p. cxxiv. The name is spelled in Canada Montbrun, but this member always wrote it as given above, except in one place, which I have noticed, when he placed after it a superior t ' Reference to the family vrill be found at various places in the Introduction see pp.xx.. n. s, li-i n. 3, cvii., cxvii., cxxxv. The members of tlie family always vrrote the name as spelled above. They commonly used their second name in preference to their surname St. Gemme. ILLINOIS HISTORICAL COLLECTIONS and their neighbors and friends, the Viviats, the Lachances, and the Janis ; and at Cahokia, the Sauciers, Francois Trottier, Antoine Girardin, and J. B. H. LaCroix.^ Next to the acting commandant the most important individual of the American Bottom was Gabriel Cerre, who had acquired his wealth in the fur trade. He was well educated and had correspondents in Canada and elsewhere.^ Among the rising young men must be reckoned Charles Gratiot, who had established himself at Cahokia in 1777 and was associated in business with three Canadian merchants. He had had an excellent education, spoke several languages, was something of a dandy in dress, and had by his address won for himself a place of influence in the community.^ These were the men and others like them to whom Sir William Johnson, the British Indian commissioner referred, when he wrote that the French traders were gentlemen in character, manners, and dress, and "men of abilities, influence, and address."* These members of the gentry lived far more elegantly than the American backwoodsmen and were their superiors in culture. Their houses were commodious and their life was made easy for themselves and families by a large retinue of slaves. * They were in social life pleasant, their hospitality was proverbial, and their courtesy to strangers constant. They evidently maintained the distinction between themselves and the poorer and more ignorant classes, so that the democracy of the American frontier was not established among them. Thus was added to the French settle- ments an element of refinement and elegance, however simple, ' For these Cahokians see the foot-notes on pp. 624 et seq. ' Gabriel Cerr6 was bom at Montreal, August 12, 1734. As early as 1755 he was estab- lished at Kaskaskia, where he married in 1764 Catherine Giard. His activities at the time of the coming of Clark are told in the succeeding pages. He did not find it best for his busi- ness interests to remain among the Virginians and by June 17, 1779, had made his preparations for his removal to St. Louis by purchasing a lot in that village. The date he left Kaskaskia is not known, but was probably before the end of 1779. He became one of the most influen- tial citizens of St. Louis and died April 4, 1805. Douglas, "Jean Gabriel Cerr^, A Sketch," in Transactions of 111. Hist. Soc, 1903. ' See note on p. 4 , n . 2 . I have to thank Mr. Pierre Chouteau of St. Louis for the loan o f Journal A'oi the trading company of David McCrae, John Kay, Pierre Barthe, and Charles Gratiot.v The first entry is dated at Cahokia, August 6, 1778. The journal was written by Gratiot. *N. Y. Col. Doc, vii., 965. * A member of the Bauvais family owned eighty slaves. Pittman, Miss. Settlements, ed... Hodder, 85. INTRODUCTION which was always lacking in the more virile, if less romantic, communities of the American pioneers.' Except for the wildness of the surrounding uncleared land and the luxuriance of the growth of vegetation, these villages copied in their external appearance and internal life the similar com- munities of France in the eighteenth century. Just as the English settlers on the seaboard brought with them their English house- hold goods and their English institutions, and planted them by the streams and hills of New England, so these French of the Mississippi valley transplanted from the heart of France their homes with their utensils and ornaments and the village com- munity in which they and their ancestors had lived. All the houses were of one story with a broad veranda on one or more sides. The less pretentious ones were built of upright beams set in horizontals at top and bottom with the interstices between the beams filled with what was called "cat and clay", a composition of clay and finely cut straw or moss. At one side, and sometimes two, there was a large chimney for the spacious fireplace of the living room and kitchen.^ The better houses were of stone and with their sheds, bams, and slave quar- ters gave evidence of prosperity and wealth. Around each 1 Very severe judgments have been passed upon the French on the Mississippi and Wa- bash rivers by many writers. Among these the most important have been the British officers and the later French travelers. The first class has always been noted for its incapacity to appreciate the good characteristics of a civilization different from its own, and the French travelers, such as Michaud and Collot, visited the region after the events narrated in this Introduction had driven the more progressive men from the eastern bank to swell the Spanish villages. Therefore it has seemed necessary to supplement their accounts from other sources. In writing the description of these people I have first of all had in mind the record of their acts contained in this volume. The picture formed in the mind after reading these records is not that of the most "debased, ignorant, and superstitious of humanity", but rather the reverse. These facts should in part offset the strictures of Fraser and Croghan, as should also the letter of Sir William Jolmson quoted above. At their best the French of Illinois were not dissimilar from those on the Spanish bank, so that the description of Ste. Gene- vieve by Brackenridge is correct enough for Illinois. Any knowledge of the conditions in Canada may be used cautiously also. We have two attempts to form judgments of these French, coming from men of different character. The first is by C. F. Volney, who visited the region in 1796 and the other by Edmund Flagg whose visit was made in 1836. The testimony of Governor Reynolds may also be admitted, since he lived among them and knew them well. Fraser, Report, from a copy in the public library of Champaign, 111.; Croghan, Journals, in Thwaites, Early Western Travels, i., 152; Letter of Sir WilHam Johnson in N . Y . Col. Doc, ^•ii., 065; Volney, View of the U. S., 370 et seq.; Michaud Travels, in Early West- ern Travels, iii., 70; Brackenridge, Recollections, 19 et seq.; Smith, St. Clair Papers, ii., 137. Collot, Voyage dans L'Amerique, i., 318; F"lagg, Far West, in Thwaites Early West- ern Travels, xxvii., 52 et seq. An excellent description of the French-Canadians of the period may be found in Coffin, The Province oj Quebec and the Early American Revolution, 282 et seq.; see also Franz, Die Kolonisation dcs Mississippilales, 382. 2 See illustration of a typical house of tliis character, p. 284. Descriptions of such houses mav be found in Monette, Hist, of the Valley of the Miss., i., 183 and Volney, View of the U. S., 368. ILLINOIS HISTORICAL COLLECTIONS dwelling was a small yard enclosed by a picket fence, within which enclosure were the orchard and the kitchen and flower gardens. The whole presented an attractive picture of quiet and peaceful home life. Within the house everything was gener- ally home made, although some of the more wealthy brought their furniture from Canada. The poorer houses appeared shabby and badly kept, for the French women were careless housekeepers, and rather extravagant and wasteful. At least such was the opinion of the American settiers who lived among them.^ On account of the social character of the people, the isolated farm house was uncommon in the bottom and the village com- munity was the rule. The streets were narrow and the houses were placed close to the edge of the lots, almost on the street-line. The farm land lay outside the village in two large fields, one the com- mon field and the other the commons. The common field was divided into long narrow strips, ten to forty perches in width and extending from the river to the bluffs ; these the inhabitants culti- vated. The commons was the wood and pasture land belonging to the commimity,^ and was separated from the cultivated fields by a fence, which was erected by the proprietors, each being responsible for that part crossing his land. The community had the right to make concessions from the commons and add them to the common field for new arrivals and for newly formed fami- 1 Volney, A View oj the U. S., 373 et seg. *The statement is true enough for the period under consideration. This is not the place for a discussion of the history of French land tenure in America, for the origin of the system must be sought in the period of the French regime and the final settlement of the questions arising out of it in the years after the United States took control, so that the dis- cussion of the land tenure will naturally come within the scope of some future volume. How- ever, a few words on the subject may be of value in explaining the situation. The land acquired from the Indians for the purpose of colonization was regarded as belonging to the king's domain, after the company of the Indies resigned the government of it. This domain land was disposed of in two ways. ist. Large tracts might be granted to individuals as seignio- ries. The character of the title given was that of the jranc alleu, which in the eighteenth cen- tury did not differ essentially from the benefice. These large seigniories were divided by the proprietors into smaller tracts and granted to the habitants as censive holdings, which paid the grantor a perpetual rent of a sou an acre, were subject to the banalities, and escheated to the seignior in case no heirs were found. 2nd. The king might retain the control of the land himself and grant it out himself in censive holdings, as he did at Kaskaskia and Nouvelle Chartres. The land cultivated by the people of Cahokia belonged to the seigniory of the Seminary of Foreign Missions; St. Philippe was a seigniory belonging to the Regnaults and Prairie du Rocher had been originally conceded to Boisbriant, but had been passed on by him to Langlois. In the bottom there were also many smaller concessions in jranc alleu and under the British many more were made by one of the commandants. Viollct, Histoire du droit jran(ais, 746 ct scq.; Archives Colonialcs a Paris, Ser. B., vol. 43, p. 789; Breese, Early Hist, oj Illinois, Appendix E ; Franz, Die Kolonisation des Mississippilales, 201 INTRODUCTION lies.* This method of laying out the fields and this kind of land tenure were transplanted from France, where they had been developed through centuries; for when the French people found themselves in places where land was plentiful, the power of tradi- tion prevented a readjustment of their ideas in regard to landhold- ings and agriculture. Hence they brought with them the mark system and tenure, v/ith the whole machinery for the adminis- tration of the village land as they knew it in France. The time for plowing, sowing, and harvesting was regulated by the assembly of the inhabitants, as well as all other questions affecting their common property and common interests. The ofl&cer elected to supervise the execution of the laws of the commons and the decisions of the assembly was the syndic, of whose presence in the villages on the Mississippi during the eighteenth century there still exists proof. The assemblies of the villagers, which copied the French custom in this particular as in all others, were held before the church door after mass and were attended by all males of military age. ^ The Illinois French were not an agricultural people, although they did send down some grain and cattle to New Orleans.^ For this reason they made no progress in the art of agriculture and continued to till their fields in the same way and with the same kind of implements as had their fathers for generations before them. The profits and the adventurous life of the fur- trader exercised for them such a fascination as to prevent their pursuit of a calling which would have given them a firmer hold upon the soil and might have preserved them from many of the misfortunes which finally overcame them. For the same reason they never speculated in land or attempted to gain possession of large holdings. In later years, when they in a way controlled their own destmy, they tried to protect themselves from the 1 Babeau, Le villege sous I'ancien rigime, passim; Flagg, Far West, in Thwaites, Early Western Travels, xxvii., 45 et seg. ' Babeau, Les assemblees generales dcs communautes d'habilanls; Babeau, Le village sous I'ancien regime, passim. ' When compared with the Americans, this is true; but the Illinois French raised grain and vegetables to a greater extent than has generally been admitted, and their exportation of grain to New Orleans was an important item in the Mississippi trade. Franz, Die Kolonisa- tion des Mississippitales, 251. ILLINOIS HISTORICAL COLLECTIONS American land-traders; but the contest was too unequal and, since their own hold on the land was so weak, they were forced to bow to fate and to see themselves supplanted by the Americans, who were builders of more permanent homes. The most conspicuous buildings in the villages were the churches. The Cahokia church, however, was in ruins in 1778 and was rebuilt in the next few years; but at Kaskaskia there was "a huge old pile, extremely awkward and ungainly, with its projecting eaves, its walls of hewn timber perpendicularly planted, and the interstices stuffed with mortar, with its quaint old-fash- ioned spire, and its dark, storm-beaten casements." Here the Kaskaskians had worshipped for two generations.* The people were for the most part very devoted to their religion, and the priests exercised great influence over them. Their attachment was due more to traditional allegiance, however, than to per- sonal conviction. The wild life of the wilderness had not been without its effect, and the lack of proper supervision had resulted in religious recklessness; yet however debauched and irreligious their lives, the coureiirs de hois and voyageurs were easily brought by a vigorous priest to acknowledge their dependence on the church. At the moment of death they always sought the consola- tions of religion and left by will money for the saying of masses for the dead. There appears, therefore, to have been no rebel- lion against the church. In one mdividual case only is there any evidence that the radical thought of France had penetrated to Illinois.^ In the management of the church property the villagers were associated with the priest through the vestrymen, whom they elected for this purpose from the most prominent men of the commimities. Social life centered in the church, as it did in the Puritan New England village, and the people looked forward to the church processions and festivals as important events in their 1 Shea, Archbishfp Carroll, passim; Flagg, The Far West, in Thwaites, Weslern Tra- vds, xxvii., 62. ' Louis Viviat requests in his will that no pomp and ceremony mark his burial and that no payment be made for masses for the dead, since the deity is not mercenary nor is heaven to be bought. Kas. Rec, Court Record. INTRODUCTION monotonous village life. It was also at the church door that the assemblies of the people met, that the auction of property was held ; and it was after the church service that the Sunday dance took place. V/ In 1778 the priest in charge of the Illinois parishes was Father Pierre Gibault, who with some interruptions had been serving the parishes on the Mississippi and Wabash since 1768. He was cure of the parish of the Immaculate Conception of Kaskaskia and vicar general of the bishop of Quebec. Father Gibault came from a good Canadian family. He was enthusiastic in his work, and appears to have maintained order in the parishes, which had been long neglected or served only by Father Meurin who had found himself too old and feeble to perform his arduous duties successfully. Father Gibault during the years of his residence had gained a great influence over the people of the region, which he used at a critical moment to change their destiny.^ The territory' of Illinois had been ceded by France to England b}' the Treaty of Paris in 1763 and two years later British troops had occupied the country. The policy of the British government was very vacillating in regard to the Northwest Territory, and particularly as to the French villages. It is quite evident that there was no purpose of opening the region up for settlement, and there was serious thought of removing the French from their villages to Canada.^ For this reason the government of England was unwilling to establish a permanent civil organiza- tion in spite of the efforts of the French mhabitants and the American traders and land speculators, so that the government remained to the end military. Until 1774 the whole Northwfest was subject to the commander of the British forces in America with headquarters at New York, and the relations of the West were closest with the seaboard colonies. In that year, however, by the passage of the Quebec Act the country was joined to Canada * Babeau, Le village sous I'ancien regime, passim. ^ Shea., Archbishop Carroll, consuli Index; Dunn, Father Gibaiclt, in Transactions of the 111. State Hist. Soc, for 1905. * Gage to Hillsborough, March 4, 1772, Spark's Collection, Harvard lib. ILLINOIS HISTORICAL COLLECTIONS and steps were taken to provide a civil government for it; but this was prevented by the outbreak of the Revolutionary War. In the spring of 1776 the military force, which had been maintained in the Illinois was removed, and the commandant in charge appointed as British agent Philippe de Rastel, Chevalier de Rocheblave. The choice was a wise one. Rocheblave had had a long and varied experience in the West, had served as an ofl&cer in the French army during the French and Indian War, and at the conclusion of peace had taken refuge, as did many other Frenchmen, under the Spanish flag. He was entrusted with the government of Ste. Genevieve, but having become involved in legal difl5culties with the Spanish officials, he returned to the British bank. The exact date of his return is imcertain, but the proceedings against him in the Spanish court occurred in October, 1773, so that he could have been at longest a little over two years in British Illinois, when he received his appointment to look after the British interests in the western country. In his various undertakings he had proved himself bold and resourceful, avaricious and not too scrupulous in his methods, and by nature suspicious. He knew well the nature of the French inhabitants, and had a dislike and deep-seated suspi- cion of the Spaniards. His ambition was such as to lead him to give his best service to his employers, and they in turn had confi- dence in his abilities and willingness to serve them. On August 13, 1777, Carleton wrote that "his abilities and knowledge of that part of the coimtry recommended him to me as a fit person."* Hamilton says of him, "I shall in my correspondence with Mr. de Rocheblave keep alive the hopes of his being Governor of New Orleans — a more active and intelligent Person is not to be found in This Country of ignorant Bigots, and busy rebels, and had he the means I doubt not of his curbing their insolence and disaffection."^ The intimation in Hamilton's letter was cor- rect enough; for, although the inhabitants treated Roche- 1 Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collections, iv., 395 * Can. Archives, Q., 14, p. 74. INTRODUCTION blave as commandant and judge, his powers as agent were too limited and the money allowed him insuflScient to enable him to accomplish what he saw was necessary for the British cause. Time and again he was informed that he could only draw for his salary and that his expenses were to be met by the sums which the commandant at Vincennes could allow him.^ By what law other officials were exercising civil powers in the lUmois does not appear from the records, but the existence of such is proved from their acts. There were at Cahokia, St. Philippe, Kaskaskia, and Prairie du Rocher officers styling them- selves judges, who put in execution the decrees of the comman- dant. Since at the same time these judges were captains of the militia, it is probable that the French official with similar duties was retained by the British officers. Besides this judge or captain there were a sergeant and a notary in each of the districts of Caho- kia and Kaskaskia.^ The foregoing description of conditions in British Illinois would be far from complete without an account of one very important element of the society. No sooner had the news gone forth that the land to the north of the Ohio River had been ceded to England by the French than the merchants of the seaboard colonies began to compete for the fur-trade of the region in a way that had been impossible hitherto. Up to this time the principal trade in the Illinois had been conducted by Canadian and Louisiana mer- chants, the English colonists having foimd their way north of the Ohio only just previous to the outbreak of the last war. But now the opportunity was opened to the eastern merchants and they eagerly seized upon it, thus bringing on a commercial war for the trade of the Ohio and the Mississippi. In this the mer- chants of the English colonies had one decided advantage, smce they could deliver goods at the villages of the Illinois cheaper than 1 The most important documents in the Haldimand Collection concerning Rocheblaye have been printed by Mason in Chi. Hist. Soc's Col. iv. Others have been pubUshed in Mich. Pioneer and Hist. Col. vols, iii., v., vii., and ix. 2 The subject of the British administration is now under investigation and in the course of time something definite will be said about it. For the above facts I have drawn on the Kas. Rec. ILLINOIS HISTORICAL COLLECTIONS the same could be purchased and brought by way of the lakes and the Wabash or up the Mississippi.^ The British soldiers were hardly established in Fort de Char- tres before the merchants who made their starting place Fort Pitt had arrived. Among the first was one who was to exercise grea^ influence on the development of the Illinois, George Mor- gan, who like the majority of traders from the East came from Philadelphia. He had been educated at Princeton and had then entered the firm of the Bayntons, which became better known in the West under its later name of Baynton, Wharton & Morgan.^ Although yoimg, by his enthusiasm he had persuaded his part- ners to embark on western trade and land speculation, and they established branch stores at Kaskaskia, Cahokia, and Vincennes. Other firms also entered into competition, such as the firm of Franks & Company of London and Philadelphia, whose reprfe- sentative, William Murray, was a litde later than Morgan in reaching the Illinois. About the same time an Englishman, who claimed Manchac in Mississippi as his home, established the firm of Bentley & Company. These and other companies brought with them many agents, clerks, and hunters, so that the list of names of men of English speech in the region became a long one. In 1768 Morgan writes that there were sixty English- men in a militia company which had been formed. Among them were many names which will be mentioned in the following pages. John Henson was the representative of Baynton, Wharton & Morgan at Cahokia, Richard Winston set up in business for him- self in partnership with Patrick Kennedy, and the firm became later the representative of Morgan's interests at Kaskaskia; Richard Bacon served Morgan in his farming enterprise; others, 1 Eraser's Report, MS. copy in public library of Champaign, 111.; Smith, St. Clair Papers, ii., 175; Ldter-Book of George Morgan, 1767-1768. This last belongs to Mr. A. S. M. Morgan of Pittsburgh, Pa., who kindly loaned it to me. A copy may be found in the 111. State Hist. Library. See also Franz, Die Kolonisation des Mississippilales, 268 ei seq. The cost of transportation up the Mississippi was, however, cheaper. Collot, Voyage dans L'Amerique, ii., 263. Lieutentant Hutciins in an endosuse in a letter of General Gage's, October 11, 1771, and Captain Forbes in an undated letter aflSrm the contrary to the state- ment in the text; but Colonel Wilkins disagrees with them and confirms the experience of the trader, George Morgan. The letters are foimd in the Bancroft Collection of MSS., Lennox Library, N. Y. 2. Lelter-Book of George Morgan; Julia Morgan Harding, Colonel George Morgan, a paper read before the Waahingion (Pa.) Co. Hist. See. and printed in the Washington Observer, May 21, 1904. INTRODUCTION either men attached to one of the firms or independent traders, were Daniel Murray, brother of WilHam, James Rumsey, Thomas CoUins, Thomas Brady, and Richard McCarty. In the first years of the British rule it looked as if the Ohio River would become the great trade route of the region and supplant the older and, with the French, more popular waterways to New Orleans and Canada.^ Even the British government seems to have approved at first this attempt to turn aside the trade from its older channels, for in 1769 the colonial governments were empowered to appoint officers to superintend the Indian trade, and Fort Pitt and the Illinois were assigned to Pennsyl- vania.^ Thus the Indians north of the Ohio became accustomed to Fort Pitt as the seat of authority in matters in which they were vitally interested.^ The fur-trade was not the only inducement to draw the Ameri- can colonists to the banks of the Mississippi, for from the first the opportunity to speculate in lands was a rival attraction. Land traders were early interested in the territory at the head-waters of the Ohio and soon foxmd their way down the river. In this movement some of the most prominent men in America were interested, such as George Washington, Lord Dunmore, and the Franklins, father and son. The Illinois lands offered equal attractions and early became an object of speculation, in spite of the Edict of 1763 prohibiting settlements in the region. It is impossible to enter into the complicated questions connected with the attempt to open up Illinois by making it a new colony.^ It is sufficient to know that many prominent men were con- nected with all such schemes, and that while William Franklin, Sir William Johnson, Samuel Wharton, and others were seeking for a charter for the Illinois colony and Benjamin Franklin was employing his powers to persuade the British government to grant the same, there was formed in March, 1766, a company for the ' The evidence for this is found in the Letter-Book of George Morgan and the Kas. Rec; see also Moses, Court oj Inquiry, Chi. Hist. Soc's Col., iv. 'N. Y. State Library Bulletin No. 58, Cal. oj Council Minutes, letter of General Gage, March 29, 1769. s See Alden, New Governments west oj the Alleghanies bejore 1780. ILLINOIS HISTORICAL COLLECTIONS purchase of land near the French villages, of which George Morgail was the representative in the Illinois. Although several strips of land were bought, nothing of any moment was accom- plished by this company.^ However, another known as the Illi- nois Land Company, most of the members of which were Phila- delphians, acquired in 1773 through its representative, William Murray, two large tracts, one situated on the Illinois River and the other south of Kaskaskia on the Ohio. Two years later, the Wabash Land Company, the members of which lived for the most part in Maryland, purchased through its representative, the Kaskaskian Louis Viviat, an associate of Murray, two tracts on the Wabash, one above and the other below Vincennes. Since both purchases were made from the Indians and contrary to the Edict of 1763, they were not allowed by the British govern- ment and were annulled by General Gage.^ When the American Revolution broke out, most of the purchasers sided with the colonists and looked to the success of their cause to further the enterprise in the West. Although there was at times considerable complaint against the British commandants by the merchants and land-traders, these were generally favored more than the French inhabitants or the Canadians, until the passage of the Quebec Act in 1774, which imited the Illinois territory with the province of Quebec and annulled any special favors and privileges which the merchants from the East may have enjoyed. This act and the canceling of the land purchases, which proved the mtention of the British government to carry out the principles enunciated in the Edict of 1763, were discouraging to the enterprises of the repre- 1 The purchases of several pieces of land and the grants of others by Colonel Wilkins, commandant, were recorded in the record-book of the district. (Kas. Rec.) The agreement creating the land company is in the library of the BUst. Soc. of Pennsylvania. The original members were William Franklin, Sir William Johnson, George Croghan, John Baynton, Samuel Wharton, George Morgan, Joseph Wharton, Joseph Wharton, Jr., John Hughes, and Joseph Galloway. The firm of Baynton, Wharton & Morgan received a concession of a large tract of land in the American Bottom from Colonel Wilkins in 1769. This claim passed into the hands of John Edgar, was confirmed by Governor St. Clair, but was rejected by the landcommissionersoftheU.S. Amer. State Pap., Pub. Lands, ii., 206. i ^The best account of the Illinois and the Wabash Land companies is contained in a pamphlet published in Philadelphia in 1796 with the title. Account of the Proceedings of the Illinois and Ouahache Land companies. Other memorials were printed in later years, some of which may be found in Amer. Stale Pap., Pub. Lands, vols, i and ii, the longest in vol. ii., 108 et seq. For the later history of the two companies see post p. Ixx. INTRODUCTION sentatives of the Eastern colonies, and from that date their number in the Illinois began to decline and trade turned back to the older channels. The next men of English speech to compete with the Spanish and French merchants for this western trade were representatives of the new British Canadian houses which sprang up after Canada was ceded to Great Britain. When it is remembered that the persons back of this attempt to capture for the East the trade of the old Northwest and to exploit that territory through their colonizing schemes were some of the most important merchants and professional men in the seaboard colonies, one cause of the opposition among the Easterners to the Quebec Act is easily imderstood.^ The entrance of the American colonists into the Illinois had two results, one immediate and the other more remote. The trade had brought into the French villages several men of English speech, who for one cause or another determined to remain ; and their presence made possible continual correspondence between the West and the colonial revolutionists; and at the same time they prepared the minds of the French to receive any company of American soldiers who might undertake the conquest of the country. The second result was apparent only later. The men who had been foiled in their attempt to secure the trade of the old Northwest and to acquire its land for colonization were not willing to accept the decision of the Quebec Act as final, and were prepared to renew the attempt at the first opportunity with the chance of greater success. Rocheblave had been appointed agent for the British a year after the outbreak of the American Revolution, and from the first he had trouble with the Americans who remained in the villages and who generally sympathized with the cause of independence. 1 For a discussion of the Quebec Act see Coffin, The Province oj Quebec and the Early American Revolution. The decreased number of Americans from the eastern colonies is proved by a careful study of the names appearing in the records. Some of the more impor- tant men are known to have left. Morgan left before 1774, probably in 1770, but his firm still continued to conduct business in the Illinois until about 1774. William Murray left the country in 1776; James Rumsey must have left shortly before. The Canadian mer- chants began to appear in 1777, at least that is the date of the first appearance of a repre- sentative of any of the new Scotch firms of Canada which in time controlled the western fur- trade. After the close of the American Revolution they came in great numbers. See post p. cxlvii.; J. Bte. Perrault's Narrative, in Schoolcraft, Indian Antiquities, pt. 3. ILLINOIS HISTORICAL COLLECTIONS It is difficult to decide to-day where justice lay in the con- stant disputes between the two parties, for the endless recrimi- nations which they hurled at each other were surcharged with personal hatred and irreconcilable hostility. The first cause of dispute grew out of the trade with the Indians. Every government in the West has been forced sooner or later to attempt to regulate the sale of liquor to the natives, since one of the chief dangers to the small frontier community comes from in- toxicated savages. Since Rocheblave was without authority, he was obliged to use other means than prohibition to regulate this dangerous trade ; and no better method could have been devised than that he used. In a community practically without govern- ment like that of the Illinois, public opinion alone could be called into play to prevent an evil which endangered the lives of all alike. One of the first acts of Rocheblave was to call an assembly of the inhabitants on April 17, 1776, to discuss among other matters, all questions concerning their relations with the Indians. It was decided that, since some savages made war on the English and some on the French and since both realized that they were under one government and were all brothers and must hold together, the assembly of the inhabitants should regulate the trade with the savages from time to time. The people also agreed on their honor not to give to the Indians any intoxicating liquor, and to assemble under arms when the commandant gave the signal. At the same assembly it was determined that, if any one refused to pay just debts, the inhabitants would give their assis- tance to the government to enforce such payment. The agree- ment was signed by all the prominent Frenchmen of the villages, but by only one Englishman, Daniel Murray.^ Later this agree- ment was made the subject of reproach against Rocheblave by one of the English merchants, Bentley, who was most bitterly opposed to the acting commandant. If Rocheblave's charges are to be believed, Bentley and his associates were the chief offen- ders in the sale of liquor to the Indians.' 1 Kas. Rec. Court Record, p. 82. 2 Bentley made similar charges against Rocheblave and accused him of injus- tice and tyranny. Rocheblave presented his case before a court, composed of the militia INTRODUCTION It was not the liquor traffic, however, which caused the greatest difficulties between the British agent, and the English-speaking inhabitants of the Illinois. On account of the war for indepen- dence carried on by the seaboard colonies against the mother country, the western territory became the center of many activi- ties directed against England, of which Rocheblave kept him- self well informed, but against which he was able to do little on accoimt of the apathy of the British government. Across the river lay the Spanish posts, which, since the appointment of Galvez as governor of Spanish Louisiana, had become the seat of intrigues against England ; for the Spanish officials of America were rather quicker in perceiving the advantages which might be gained by Spain from the rupture between England and her colonies than was the home government, and they committed many overt acts against England before actual war was declared by Spain. From St. Louis and New Orleans the Americans re- ceived very substantial aid. At the latter city was Oliver Pol- lock, who was the American agent and was on the best of terms with the governor. From Fort Pitt boats were sent to New Orleans for supplies of all kinds and these boats were even har- bored in St. Louis, opposite the British Illinois.^ The English-speaking merchants of Kaskaskia participated in these acts against England and maintained their intercourse with the eastern leaders in spite of the watchfulness of Rocheblave. Bentley and others traded almost openly with the rebels. When William Linn went to New Orleans to obtain powder and other supplies for the Americans, Bentley met him on the Ohio River and sold him powder. It was also known that he sent a boat to Kentucky for the same purpose.^ The chief representative captains of Kaskaskia, Prairie du Rocher and St. Philippe, which heard evidence on all the charges brought against the acting commandant by Bentley and acquitted him on every count. The known dupUcity of Bentley at a later period makes his testimony more than doubtful. Kas. Rec. Court Record, fol. loo et seq.; Mich. Pio. and Hist. Col. xix., 324; III. Hist. Col., i., 29s • • Winsor, The Westward Movement, 108; Gayarr^, Hist, oj Louisiana, iii., lop; Roche- blave to Hamilton, May 8, 1777, enclosed in Can. Archives, Q., 14, p. 51; Rocheblave to Haldimand, November 9, 1780, Ibid, B., 122, p. 545; letter of Rocheblave, February 28, 1778, Ibid, Q., IS, p. 196; Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collection, iv., 389, 393i 402, 407; Morgan to George Clymer, Mardi 2, 1778, Papers oj Old Cong., xv., 317. i ' In the court appointed by Rocheblave to investigate charges against himself made by Bentley, several Americans and Frenchmen, who were lukewarm in their support of the ILLINOIS HISTORICAL COLLECTIONS of the American cause in the West was George Morgan, who in 1776 was appointed agent under the commissioners for Indian affairs in the middle department and made his headquarters at Fort Pitt.^ His intimate knowledge of the West and his many friends among the French and Indians made his selection a wise one; and he was able to make some opposition to the activities of Hamilton, the lieutenant-governor of Detroit. Morgan main- tained his relations with his agents in Kaskaskia, Winston and Kennedy, and with other correspondents at Detroit and elsewhere.^ In a letter written in July, 1776, he says: "I am now here on Public Business for the United Colonies. I want to know the exact situation of affairs at the Illinois & what Quantity of flour & beef you could furnish a company or two of men with at Kas- kaskia the 25th of next December. This I will depend on you for by the return of Silver Heels who ought to be at Pittsburg as early in September as possible as there is a great treaty to be held in that month with all the western Nations. If one of you could come along with him it may be much to your advantage, but you should be very secret with respect to your Business." There follows an order for horses and the letter ends with a repetition of his request that one of the partners meet him in Pittsburg.' It is difficult to determine whether the letter is more than a busi- ness letter or not. The company of men may refer to some commercial enterprise that was contemplated; but Congress had determined in the previous April to send an expedition against Detroit and there may have been in the writer's plans a similar one against the lUmois.'* commandant, testified concerning the intercourse between the East and the Illinois. (Kas. Rec, Court Record) Bentley's defense may be found in the documents from the Handimand Collections printed in Mich. Pio. and Hist. Col. xLx., 321 et seq. and ///. Hist. Col., i., 295 et seg. For Linn's expedition see Hall, Romance of the West. 1 Winsor, Westward Movement, 90. ' In a letter from Rocheblave to Hamilton, May 8, 1777, occurs the foUowingf "It has occurred to me to tell you that the spy, named Elliot, whom you have had arrested at De- troit, was the bearer of a letter from George Morgan, commissioner for Congress and general director of the undertakings which are made from Fort Pitt against here, to Richard Winston, a very zealous partisan of the same cause." (Letter enclosed in Can. Archives, Q., vol. 14, p. 74. See also letter quoted below.) There are scattered references to Morgan in the Kas. Rec. Very late in my investigations I learned that there were three letter-books of George Morgan in the Carnegie library of Pittsburg, Pa. I made every effort to have search made in them for material, which would throw light on Morgan's activities in the West. Through the fault of no one, but rather on account of the shortness of the time, I was unsuccessful. ^ Can. Archives, B., 185, pt. 2, p. 549. * Journal of Cant. Cong., Lib. of Cong, ed., iv., 318 INTRODUCTION Whatever Morgan's plans may have been, there can be no doubt about the beHef of the English-speaking traders in the Illinois ; for they were expectmg that he would soon bring about such an expedition. They talked of this openly among themselves and spoke of the power of the colonies to the French, to whom they pointed out the advantages of a change of alliance. When William Murray left Kaskaskia in the year 1776, he instructed his brother Daniel to furnish any American troops, who might come, with the supplies they should need ; and later he sent word from New Orleans by Colonel George Gibson, to the same effect; instructions which Daniel carried out, when George Rogers Clark arrived in 1778. On Jime 7, 1778, Richard Mc- Carty of Cahokia wrote to John Askins of Michillimackinac : " It is said that Morgan was to be here with 600 men last winter, but very likely he has something else to do."^ In the midst of these intrigues Rocheblave was not strong enough to do more than to memorialize the government at Quebec. Even when he had proved against Bentley the charge of selling goods to the colonies, he did not dare to arrest him in Kas- kaskia,^ for although at the beginning of his administration he had been able to vmite all the French in his support, there had developed two parties, one of which showed signs of opposing him. The American merchants had not lived so many years in the villages of the Illinois without making friends among the French, nor were the latter wholly without longings for liberty and aspirations for greater independence. It was only eight years before this that they had commissioned their friend and neighbor, Daniel Bloiiin, to present to the British government their wishes for a civil establishment to replace the military tyranny from which they suffered.^ That movement had caused excited discussions 1 Kas. Rec, Court Record, fol. loo et seq; Murray's instructions to his brother may be found in a memorial by Daniel Murray, Va. State Papers, ii., 675; McCarty's letter in Can. Archives, B., gy, vol. i., p. 6. ^ Bentley was arrested at Michillimackinac and carried to Quebec, where he was kept in confinement until his escape in 1780, when he returned to Illinois to take his revenge, as the later narrative vfill tell. See post, p. cxlv. The more important papers in regard to the ar- rest of Bentley have been published in the Mich. Pioneer and Hist. Col., xix., 321 et seq. His intercourse with the Kentuckians is further proved by the fact that Clark made efforts to have Bentley exchanged, Clark to Lemoult, March 16, 1779, ///. Hist. Col., i., 415. * Mason, Chapters from Illinois Hist., 281. Much new material on thiseyent has been discovered, which will be made known in time. ILLINOIS HISTORICAL COLLECTIONS in the villages at the time, and most of the French could recall the principles, without doubt largely inspired by the Eastern traders among them, for which they had then struggled. It is true that these same villagers later told Clark that they had not understood the cause for which the colonies were fighting. But this was given as an excuse for not having joined the American cause earlier, for they certainly were not so ignorant nor so art- less as they chose to appear to the leader of an army of backwoods- men. Many had seen the broadsides sent by the Americans to Canada. Their intercourse through trade with Kentucky and Fort Pitt had brought the knowledge to others, and such men as Winston, Kennedy, and the Murrays had been preaching the joys of independence for years. Many of the French were also warm friends and admirers of that enthusiast for the American cause, George Morgan. It is, therefore, not strange that many gave Rocheblave a half-hearted support, although they were not ready to come out openly on the side of the American agents.* Among these more or less disaffected Frenchmen must be counted some of the most important men of the communities, such as Father Gibault, the Charlevilles, the Bauvais, Bienvenus, Lafont, Duplasy and Janis of Kaskaskia, and J. Bte. Barbau, who controlled Prairie du Rocher. How Rocheblave was regarded at Cahokia is not known. The captains of militia, Joseph Cesirre and Francois Trottier, had not chosen to participate in the court, which the acting commandant called to clear himself of the charges made by Bentley ; but this may have been due to hindrances rather than choice. The men composing this party were among the most intelligent of the villagers; they had all given their support to the demand for the civil government from the British in 1770, and among them were the oflacers of the militia, as Duplasy, Janis, and Barbau. 1 The above analysis of the conditions in Illinois in the year 1778 is based upon hints from many sources and events which followed the arrival of George Rogers Clark, so that it is impossible to refer to any one document or group of documents as proof. The statement of the French to Clark in regard to their ignorance of the cause of the struggle is in Clark's letter to Mason and his Memoir, English, Conquest oj the N orthwest,_ i,, 417 and 480. In the Memoir, (p. 475) Clark intimates that he found some of the French inclined to the American cause. Cerr^, of whom I speak below, is one of the men who claims not to have had the opportunity to understand the cause for which the Americans struggled, but no one can read the letter written him by Monforton on Sept. 22, 1778, without believing that Cerr^'s INTRODUCTION The mass of the habitants were probably on the side of the government.^ Illiterate and unintelligent, they were willing to accept conditions as they found them without attempting to bring about a change; and, besides, obedience to the constituted authorities was part of their nature. There were, however, sev- eral of the richest and most prominent Frenchmen upon whom the acting commandant could count, whose loyalty to the British cause and Rocheblave was far stronger than the attachment of their opponents to the opposition. Among these were Gabriel Cerre, Louis Viviat, and Nicolas Lachance of Kaskaskia. Viviat should, perhaps, not be counted at this time, for he died in the fall of 1777; but up to the time of his death, he was one of the most important traders of the region and had been in partnership with William Murray. He was the member of the Wabash Land Company who acted as the agent in the purchase of its claim. He had, however, severed his connection with Murray just pre- vious to his death, because of the acts of Daniel Murray, who was particularly lawless. Throughout the prosecution of Bentley by Rocheblave, Viviat had given the latter his support.^ Of La- chance little at this time is known except that he was accounted a friend of Rocheblave.' Unquestionably the most important member of the government party was Gabriel Cerr^. He was forty-four years old and had been in Kaskaskia since 1755. Through his personal wealth and commercial connections, he exercised an influence over the villagers second only to that of the commandant, with whom he was on terms of intimacy. It is quite possible that his trading interests brought him into oppo- correspondent gave him credit for an intelligent understanding of the claims of the two parties. {Can. Archives, B., 122, p. 161.) Daniel Murray in writing to Bentley on May 25, 1777, gives the following proof of the existence of parties among the French: "As to your being complained of already to General Carleton you need not dread that, for since your departure Rocheblave drew out a complaint against you and wanted all the principal Inhabitants to sign it which they all absolutely refused to do, particularly the Charlevilles, Bienvenue, Lafont, Plassey, Janist, etc., no doubt but your friends Viviat Cerr^ Lachance might have done it but they are too few to countenance it when so many refused to do it." {Mich. Pio. and Hist. Col., xix., 417.) Scattered through the Court Record, Kas. Rec. are other indica- tions of party divisions. * Clark in his Memoir says that the majority of the inhabitants were friendly to Cerr6, .the leader of the British party. English, Conquest of the Northwest, i., 48); * Kas. Rec, Cowl Record. See also supra, p. xxx. •See supra, p. xxxvi., note i. ILLINOIS HISTORICAL COLLECTIONS sition to the Americans and that self interest bound him to the British side.^ Rocheblave never deceived himself in regard to the weakness of his position, and several times urged upon Governor Carleton the appointment of a commandant and the sending to the Illinois of British troops, a recommendation which proves his interest in the cause he upheld and his own disinterestedness. His letters are full of such expressions as these : " I await with the greatest impatience the orders of your excellency, or rather I beg of you to give them to some other person, a native Englishman, m order to escape the too common jealousies of some, who having merely the name, and whose affections are all for the Americans, are seeking to thwart all my efforts, intriguing with our neighbors and poisoning with the venom of their hearts the purest intentions. All the alarms I have sought to give will be only too well realized. We are upon the eve of seeing here a numerous band of brigands who will establish a chain of commvmications which will not be easy to break, once formed. If by the schemes of the Spanish the Natchez are conquered, there will be established an armed force in this country. You have no time to lose to prevent this misfortune. If militia can be counted for anything at present a person of discretion with troops would attract more adherents than would be believed. Inclination is in spite of abandonment and distress, still for the government, but it is more than time to revive their drooping courage or all will be lost here."^ The British government planned at one time to relieve him and appointed, in 1777, Matthew Johnson lieutenant-governor of the Illinois; but for some reason he never went to his post,^ and Rocheblave was compelled to face the event concerning which he had given so frequent warnings, and to learn that the party of his opponents was stronger in a crisis than his own. * For an account of Cerre, see p.xx., note 2. 2 Rocheblave to Carleton, July 4, 1778, translated in Mason, Rocheblave Papers, Chi. Hist. Soc.'s. Collections, iv., 416. ^Can. Archives, B., vol. 46, p. Q5. From Murray's letter to Bentley, May 25, 1777, it is learned that the new governor was expected at Kaskaskia, Mich. Pio. and Hist. Cal., xix., 417. INTRODUCTION The American attack on the villages of the Illinois did not come about in the way that the inhabitants and Rocheblave had anticipated. They had been led to look for an expedition sent by the united colonies and directed by George Morgan against the whole line of posts extending from Detroit to Kaskaskia ; but what actually occurred was that one of the revolting states, Vir- ginia, sent an isolated detachment under a pioneer of Kentucky to revenge the British and Indian attacks on her frontiers.^ The immediate occasion of this expedition was the rapid colonization of Kentucky during the last four years, and the danger to the new settlements from the detachments of Indians sent by Lieutenant Governor Hamilton of Detroit. To the Kentuckians the whole territory north of the Ohio River appeared the breeding ground of these Indian incursions into their territory. The con- ception of an attack upon the Illinois was due to the genius of one man, George Rogers Clark, who clearly perceived that the holding of Kentucky depended on checking the British power to the north. He laid his plan before the governor and council of Virginia, by whom it was approved.^ He then proceeded to raise his troops, keeping the destination of the expedition as secret as possible. Had he taken into consultation George Morgan or some of the men associated with him, he could easily have put himself into communication with the American party in the Illinois. On account of this silence he never fully under- stood the conditions existing in the French villages. He had pre- ferred to work by himself and had collected his own information. In 1777 he had sent two spies, S. More and B. Linn, to Kaskaskia to investigate the situation. They remained in the villages some time, giving themselves out as hunters; but they failed to get into communication with the leaders of the opposition to Rocheblave, because Clark had not informed even his spies of his * See the statement of the people of Cahokia concerning their idea of Clark's troops, this volume, p. 539 I have founci no evidence that George Morgan had any knovrledge of Clark's undertaking. 2 This is not the place for an account of military actions, nor have I considered it neces- sary to repeat what is contained in Clark's own narratives, which have been so frequently exploited by historians and novelists that they are very familiar. His Letter to Mason and his Memoir have been printed in English, Conquest of the Northwest, i., 411 el seq. ILLINOIS HISTORICAL COLLECTIONS purpose.* It was evidently expected by the American traders of Kaskaskia that they would learn something from these Kentucky hunters, for Bentley, who was absent, wrote to Murray concern- ing them; but the latter answered: "As to the hunters you write of there is three of them, one of them was here before, his name Benjm Lynn, but they bring no news that I can hear of worth reporting.'" According to Clark's account of their in- vestigation given to Patrick Henry, the governor of Virginia, they reported that: "The principal inhabitants are entirely against the American cause, and look on us as notorious rebels that ought to be subdued at any rate, but I don't doubt but after being acquainted with the cause they would become good friends to it."^ There has been preserved, however, another account according to which they reported that there were : " Strong traces of affection for the Americans, among some of the inhabitants."* There is also a tradition that Linn was warned by a trader of an attack planned by some Indians against himself and companion. * The history of Clark's journey down the Ohio, of his landing near Fort Massac, and of the march across the prairies is so well known that it need not be retold ; but the events occurring at Kaskaskia which made his success possible are less familiar. The states had sent down the Mississippi, in the spring of the year, an expedition under Willing to make attacks on the British posts in the south. The course of this expedition, Rocheblave had followed with interest and, as he heard of the depredations Willing made upon property, he published the accounts to the villagers in order to cause them to fear for their own.' When he learned that another expedition was on the Ohio directed against the Illinois, he connected it with the WiUing raid and saw in it an attempt on the part of the Americans to gain control of the whole stretch 1 Letter by Clark, Amer. Hist. Rev., viii., 4Q2. 2 Murray to Bentley, May 25, 1777, Mick. Pio. and Hist. Col., xix., 417. There is a slight mistake in the date given by Clark who says he sent them in June. 'Letter by Clark, Anter. Hist. Rev., viii., 492. * Butler, History of Kentucky, 46. * Tradition preserved in Linn's family, Dr. MSS., iSJsi. ^ Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collections, iv., 408, 410, 412 et seq. INTRODUCTION of the river. This news of the approach of Clark did not reach him much before that officer was at the falls and possibly not before he had landed at Massac creek. Rocheblave immediately ordered out the militia to make preparations for resistance; but he soon learned the strength of the party opposed to him, for the American traders in Kaskaskia either persuaded the in- habitants not to attempt repelling the invaders, and in this they were aided by the Spanish emissaries, or else they quieted the fears of an attack. Whatever occurred, Rocheblave found that he could accomplish nothing, for his government was by per- suasion rather than by command, and the militia officers were members of the party that gave lukewarm support to the British and was half inclined to the American cause. Unfortunately for Rocheblave, his chief supporters were not with him at this crisis ; Viviat had died in the preceding fall, Lachance had recently been taken prisoner,^ and Cerre had just started with some furs for Michillimackinac. Hoping that the sight of a reinforcement coming to their assistance might arouse the inhabitants, Roche- blave sent a messenger to summon the militia from Vincennes ; and M. Legras actually started with forty men from that village to assist Kaskaskia. The message had come too late, however, for Clark landed at Massac creek, marched across country, and cut oflf any help which might be rendered from the Wabash. Thus the crisis, which Rocheblave had been prophesying, arrived, and he found himself unable to make any resistance.^ 1 Rocheblave to Bosseron, April 25, 1778, Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collections, iv., 408. 2 The above account is an attempt to explain in the light of the knowledge of conditions just previous to the attack the following passage in a lettei from Rocheblave to Carleton, dated April 3 [evidently miscopied for August 3], 1778. The translation is from Mason, Rocheblave Papers, Chi. Hist. Soc.'s Collections, iv., 418. "Sir: I steal a moment from my guards in order to have the honor of informing your excellency that the night of the fifth or [and?] sixth of July last three hundred rebels under the orders of Mr. Clerke [sic], the self-styled Colonel, arrived here where they have made me prisoner. "The majority of the inhabitants knowing the manceuvres which had occurred in the lower part of the Mississippi were resolved to defend themselves, but the dealings of our neighbors, the Spaniards, and the abuse of the treacherous EngUsh, especially those named Daniel Murray, Richard Winston, and John Hanson, prevented them from doing it. There remained to me for a resource Mr Legras, who prepared himself with forty men to come and join me from Fort Vincennes, where he is a captain of mihtia, but the rebels having landed on the beautiful river [Ohio], sixty leagues from here, crossed the neck of land which separates that river from this place, and prevented that. I regret so much the more that he did not arrive, as a number of men on seeing me supported would have joined themselves to us, and we would have been able to hold the balance of affairs in opposition to those who were desti- ILLINOIS HISTORICAL COLLECTIONS Whether Clark and the American traders of Kaskaskia com- municated with each other before the attack in the night of July 4th and 5th, is very doubtful. We have seen that, before setting out from Fort Pitt, Clark knew of no party in the village that was ready to give him assistance; but he may have heard of the American partisans from that party of hunters, just from Kas- kaskia, who met him at the Tennessee River, although from his own account their information was anything but reassiu^ing; or Murray and his associates may have communicated with him as soon as he approached the village. There is some slight evi- dence that the capture of the village was made less difi&cult by the aid of some of the inhabitants ; for Clark seems to have found no trouble in procuring boats to convey his troops across the Kas- kaskia River;* and, if the tradition is trustworthy, his soldiers were admitted to the fort and guided to the bedchamber of Rocheblave by a Pennsylvanian, who may have been Daniel Murray.* Clark himself says that provisions were tute and in extremities." In 1780 Rocheblave gave a similar explanation of his failure to defend the Illinois, Can. Archives, B., 123, p. 545. Since Clark himself says "that they had some suspicion of being attacked and had made some preparations — keeping out spies — but they, making no discoveries, had got off their guard (Letter to Mason, English, Conquest of the Northwest, i., 416) and, "we were informed that the people, a few days before, were under arms, but had concluded that the cause of the alarm was without foundation, and that at that time there was a great number of men in town, but that the Indians had generally left it, and at present all was quiet" (Ibid p. 476), there appears to be no good reason for rejecting the testimony of Rocheblave. It is to be noticed also that the Cahokians write as if the Kaskaskians chose not to defend their village. See post, p. 537. The chief difficulty in recondhng Rocheblave's account with other known facts lies in his own letter of July 4th, which gives a long narrative of the depredations of the WilUng expedition on the southern Mississippi and only makes a brief mention of the expected attack on Kaskaskia i. e., "We are upon the eve of having here a numerous band of brigands." r ^ , Historians have followed too exclusively and uncritically the narratives of Clark, who was fond of the dramatic, not to say the melodramatic, and who never hesitated to omit de- tails which would affect what he regarded as the dramatic denouement. Like other frontiers- men he never underestimated his own deeds, and after a careful comparison of the letter to Mason vrith the Memoir, one is forced to beUeve that he was given to exaggeration. There- fore it is not surprising that he did not make more of the persons and conditions which made the occupation of Kaskaskia easy and that he emphasized the surprise of the place, since that appealed to his dramatic instincts. Mason in his paper on Philippe Rocheblave (Chi. Hist. Soc.'s Collections, iv., 373) uses the letter quoted above, but does not attempt to give any explanation of it. I have not noticed an attempt to explain this letter by any other historian of this event. See Winsor, Nar. and Crit. Hist., vi., 719; English, Conquest of the Northwest, i., 168; Roosevelt, Winning of the West, Pt. ii., ch. iv. 1 He says, "We marched after night to a farm that was on the same side of the river, about a mile above the town, took the family prisoners, and found plenty of boats to cross in, and in two hours transported ourselves to the other shore with the greatest silence." (Let- ter to Majon, English, Conquest of the Northwest, i., 416.) If he really found these boats on the east bank of the Kaskaskia, how did they happen to be there, since very few people were living on that bank at the time? 2 Reynolds, Pioneer History, 73. The passage is: "An American, a native of Penn- sylvania, was there in the Fort and conducted Kenton and his small party into the Fort by a INTRODUCTION collected for his troops by Murray and Winston during the night. ^ It is evident from the narratives of Clark and Bowman and from the letters of Rocheblave that the inhabitants and the comman- dant himself had not expected the attack so soon. On the day before the attack Rocheblave wrote to Carleton : " We are upon the eve of seeing here a numerous band of brigands,"^ but the whole tone of the letter proves that by the "eve" he did not mean that very night. In the letter sent after the capture of the village, he writes as if he had expected that there was plenty of time to send to Vincennes for aid, after he had learned of Clark's move- ments ; and as if he had been disappointed in his hope of assis- tance, because the Virginians had made a forced march by land. This looks as if he had expected the party to take the customary route down the Ohio and up the Mississippi. If Clark had fol- lowed this course, the time would have been ample for Rocheblave to obtain reinforcements from Vincennes.^ What the feelings of the majority of the French people were when they heard the warwhoop of the frontiersmen in their village streets, can be easily imagined. Since the time of the attack was a surprise and the less intelligent French had been taught to believe the worst of the "Big Knives," the first fear of the majority has probably been correctly depicted by Clark. Many of the more intelligent, who had supported Rocheblave, must have felt terror at hearing the noise and have had misgivings of the future, which would place in power Murray, Winston, and Kennedy, whom they had learned to regard as their enemies. Others, like Father Gibault, who were acquainted with the hos- tility of the Protestant East to the Roman Catholic Church, feared perhaps that the freedom of worship might be denied them. After all allowance has been made for such causes as these and small back gate The Pennsylvanian was true to liberty and conducted them to the very bedchamber of the sleeping Governor, Rocheblave." * In his Memoir, English, Conquest oj the Northwest, i., 478. * Rocheblave to Carleton, July 4, 1778, Mason, Rocheblave Papers, Chi. Hist. Soc.'s Collections, iv., 416. ' See letter quoted on p. xli., note 2. ILLINOIS HISTORICAL COLLECTIONS the suddenness of the attack, Clark's narrative of the abject terror of the French people still appears somewhat exaggerated. They were without doubt timid, but they were not poltroons. Besides, they saw several famihar faces among the Virginians, some of whom had been in Kaskaskia, and others they had met on trading trips. The party strife of the village broke out in Clark's headquar- ters on the very night of the attack. The closest adherent of Rocheblave's faction, Gabriel Cerrd, was absent from the village, and his enemies tried to win the favor of Clark by making accusa- tions against him; but Clark was not deceived. He recognized that his position was critical. He was in an alien community and had only a small body of troops with which to hold the people in check. Under such circumstances he could not afford to drive the leader of such a strong party from him. How important he regarded the winning of the support of Cerre and his party is proved by the space he devotes in his Memoir to an account of his relations with this leader. ' He finally confronted Cerre with his accusers, and the latter were afraid to repeat their charges. By this diplomatic conduct he won over the man who could bind the discordant elements in the villages to his side. The chief means used by Clark to gain the good will of the French at this critical time were the French treaty and the cry of liberty. We have already seen that the words liberty and inde- pendence were not wholly unknown in these regions. To assert that the movement which was growing in France and which was in eleven years to break out in the French Revolution was without effect on the banks of the Mississippi would be taking too much for granted. The best of these men were educated and traveled to New Orleans and Quebec, and what was talked of there was repeated by the firesides of the Illinois. Only ten years before their friends of New Orleans were in revolt against Spanish tyranny,^ when the word liberty became a household term; and two years later the French of the Illinois were making use of the ,,,, 1 English, Conquest of the Northwest, i., pp 477. 478, 481, 484-486. 2 Phelps, Louisiana, 113 INTRODUCTION same word in their struggle with Colonel Wilkins.' The traders from the East had been full of similar ideas during the past few years. Liberty and independence were words with which to fire the imaginations of the French and to make them dream of things to come. The French treaty was Clark's trump card in the game he was playing ; for the word France awakened in the minds of the Kas- kaskians memories of days gone by, always more joyous than the days of present hardship, — those days when the lilies of France waved over the forts of the Illinois. France is a name of wonder- ful meaning to Frenchmen of all times. The people of Illinois felt its charm and, at a later day, said "when these men once pronounced the name of France, how could they raise their hands against them ? " ^ Just previously rumors had been spread up and down the Mississippi that France was coming into her own again, ridiculous reports no doubt spread by those discontented with the British rule, and yet they aroused in the hearts of the French a hope, of which the appearance of Clark seemed a har- binger. It was not with rifles and swords that Clark won the Illinois, but with the promise of liberty and the alliance with France. These two weapons were all sufl&cient. Immediately after the occupation of Kaskaskia Clark sent Bowman with a detachment of thirty men to occupy Cahokia, which yielded readily to the same persuasions.' Vincennes joined the American cause with- out even the use of troops, for Father Gibault undertook to per- suade the people to submit, which they did after their priest had represented the case to them.^ In their first enthusiasm the French furnished the Virginians with all their necessities and their need was great, for they had reached Kaskaskia, as the inhabitants of Vincennes said, "half naked like the Arabs."^ But the spirit ' Mason, Chapters from Illinois History, 281 et seg. 2 See post, p. 537. 3 Bowman's letters in English, Conquest of the Northwest, i., 558 et seq.; the Cahokian account in this vol., p. S37- * Clark's Letter to Mason, English, Conquest oj the Northwest, i., 419. ^Inhabitants of Vincennes to De la Balme, Menard Col., Tard. Papers. ILLINOIS HISTORICAL COLLECTIONS in which the French received the Americans is best seen in the way they aided in defending the country against the British. In December following the occupation of the Illinois by Clark, Lieutenant Governor Hamilton of Detroit retook Vincennes and threatened the other villages. At no time had Clark's position been so dangerous, for he had neither money nor sufficient troops. With him were only two companies of soldiers, in which some of the French had already enlisted. Since these were too few either to hold his position or to make an attack, he called upon the villages; and two companies of Frenchmen were formed. The merchants of the region raised the necessary money. Clark then made his difficult and dangerous march across the submerged prairies, a march which tried to the utmost the endurance of the men. The conquest of Vincennes and the retention of the whole Northwest for the Americans were the results. More than half of the men who followed him so bravely were inhabitants of the American Bottom.' To the French soldiers in Clark's little army as well as to the Virginians belongs the honor of that campaign and its consequences. After the submission of the villages to him, Clark found him- self in command of a large country inhabited by a people who had joined themselves willingly to his cause and to whom he had promised greater liberty than they had hitherto enjoyed. From the first he was called upon to exercise the power of commandant and judge. He continued for a time the custom, followed by the last two British representatives, of appointing arbitrators in all cases of dispute between the inhabitants.^ This, however, was not in accordance with his own ideas of self-government, which were those of the West generally, nor did his many militar}' duties permit him to give that attention to civil affairs that was required. He therefore made other arrangements. He writes that he 1 Va. Slate Papers, i., 316; Letter to Mason, English, Conquest of the Northwest, i., 437. The expedition against Vincennes was e\idently financed by the inhabitants of the Frendi villages, from whom Clark raised Si 1,103 between December 20th and February 5th. Clark's account against Virginia, in English, Conquest of the Northwest, ii., 1054. ' Kas. Rec. Court Record, fol. 100. Letter by Clark, July 24, 1778, in Amer. Hist. Rev viii., SOI. INTRODUCTION caused: "a court of civil judicature to be established at Cahokia, elected by the people. Major Bowman, to the surprise of the people, held a poll for a magistracy, and was elected and acted as judge of the court. [The policy of Mr. Bowman holding a poll is easily perceived.] After this similar courts were estabhshed in the towns of Kaskaskia and Vincent.'" The title of the court thus founded at Cahokia was the "Court of the Committee of Cahokia," and a few pages of the records of its sessions have been preserved and are printed in this volume.^ Clark reserved the right of appeal to himself and he adds : " I believe that no people ever had their business done more to their satisfaction than they had through the means of these regulations for a considerable time."^ By an examination of the few remaining records it is possible to arrive at an approximate date for the founding of these courts. The date of the earliest paper which has been preserved issuing from the court at Cahokia is October 29, 1778.* Among the Kaskaskia Records is a court record, the last pages of which were used by the clerk of the British government and later by the clerk of the Virginia government for recording deeds and other instruments. The first entry in it after the date of the occupa- tion of Kaskaskia by Clark was made on October 20th. The last direct petition to Clark that exists is dated August 27.* There- fore it must be concluded that the courts were established be- tween the last of August and the last of October. But it is pos- sible to make a closer calculation. Since it is probable that an entry was made by the Kaskaskia clerk in his book of record shortly after the machinery of civil government was started, we may take the date October 20th as approximately the date of the establishment of the court at Kaskaskia; and since that at Cahokia was the earlier, the court of that village must have begun 1 Clark's Memoir, English, Conquest oj the Northwest, i., 484. The sentence in brackets is added from Dr. MSS. 47J3S. * Pp. a et seq. 3 Clark's Memoir, in English, Conquest oj the Northwest, i., 484. * See post, p. 2. * See post, p. I ILLINOIS HISTORICAL COLLECTIONS to hear suits about the middle of the same month and possibly a little earlier.^ These courts were modeled after the county courts of V'irginia, with some modifications. The number of justices sitting at Caho- kia was seven, four of whom were necessary for a quorum; the sessions were held weekly ; the jurisdiction included both criminal and civil cases; the records of the sessions were kept in EngUsh.^ Since the members of this committee were elected by popular vote, the first election of chief magistrates ever held on the soil of Illinois or of the old Northwest was that at Cahokia in the month of October, in the year 1778. During the last few years disorder and crime had increased in the Illinois. We have seen how Rocheblave lacked the power to enforce good order and had appealed to public opinion without effect to put an end to the trading in liquor with the Indians. But it was not from the depredations of the Indians only that the people suff'ered. Members of the slave class, influenced by the disorders of the times, had become insolent and violent, so that the fear of the large population of red and black slaves was widespread, and with good reason, for many murders had recently been committed, for which the slaves were suspected of being responsible. Members of the family of the Nicolle had become sick and died under the most suspicious circumstances, and several sudden deaths of both whites and blacks had occurred which gave every evidence of being caused by poison. To stop further lawlessness by this class, Clark pubhshed a very stringent order against the slaves on December 24, 1778, in which he forbade them to walk the streets after sundown without a special permis- sion from their masters, or to assemble for dances at night, under ' It is possible that Clark was mistaken about the establishment of a court at Kaskas- kia, for among all the records that have been preserved there is not one issuing from such a court, or one that gives direct evidence of the existence of such a court. Moreover there has been preserved a petition, dated February 18, 1779, from a widovi' in regard to her hus- band's estate, in which she gives elaborate reasons for not having troubled Colonel Clark during his presence in Kaskaskia, and states that conditions are now such tiiat she must have protection to save her property. Since Clark was away, she applied to the officers of militia of Kaskaskia. These heard her prayer and granted the protection. The act was signed by the officers, but not as members of a court. One name has been torn off, but the others are Joseph Charleville, Richard Winston, Charles Danis, and Charles de Lisle acting for Duplasy. Kas. Rec, Petitions. 2 See record of the court, pp. 4 et seq. INTRODUCTION penalty of punishment by flogging.^ All persons were forbidden to sell liquor to slaves. In the court of Cahokia an investigation of the death of the Nicolles was begun. This was not ended until the following June, when it was proved that some slaves, of whom two were particularly guilty, had poisoned a number of whites as well as several negroes.^ Of this first experiment in popular government in the Illinois very little can be said, for almost all its records have been de- stroyed. The character of Clark, the order he preserved or tried to preserve, and the expedition with which justice was administered, no doubt made the government generally popu- lar; still the military power was very evident and at times arbitrary, and the soldiers were becoming unruly. Therefore the French looked forward to the time when a civil government, not so dependent on the military force, should be inaugurated. The people were reasonable, however, and recognized the necessity of these temporary arrangements, and in their first enthusiasm exhibited a tractable and united spirit to their commandant. In justice to Clark it must be said that neither at this time nor later, when there was most just cause to criticise the military force, did the French utter a word of complaint against him, for he had won, not only their esteem, but their affection, so that they never held him responsible for the evils that crowded upon them. One cause for uneasiness developed very soon among the peo- ple. In the first excitement over their change of allegiance and under the influence of that enthusiasm which was aroused by the talk of liberty and independence by Clark and his soldiers, they had been ready to make many sacrifices for the cause they had espoused. At first they gave freely of their goods, and later sold them to the patriots, who had brought them this "priceless gift", and received in return continental paper money, which they were assured by Clark and his officers was equal in value to the Spanish piastre, or else drafts on the treasury of Virginia or the Virginia agent at New Orleans, Oliver Pollock.^ At the time ' Kas. Rec, Court Record, fol. 132. 'The papers in the case are printed in this volume, pp. 13 et seq. ' Every petition of the French people mentions the fact that they were deceived by the ILLINOIS HISTORICAL COLLECTIONS the paper money was worth about twelve cents on the dollar, and the French were to learn that many of the drafts were worth- less. The suspicions of the inhabitants were not aroused until early in 1779, while Clark was absent on the Vincennes expedi- tion. Speculation in continental money was very common throughout the East and every advantage of variation in its value was used by the traders. It is not surprising, therefore, that the story of Clark's dealings in the lUinois were soon known by these men, who, tempted by the opportunity of purchasing goods with continentals at their face value, rushed into the region. They reached the French villages in the early spring of 1779, and in their eagerness to make the utmost use of the opportunity, they bid against each other with the result that the confidence of the French was lost and the value of the paper tumbled.^ In speaking of this event, Clark says : " There is one circumstance very distressing, that of our own moneys being discredited, to all intents and purposes, by the great number of traders who come here in my absence, each outbidding the other, giving prices unknown in this country by five hundred per cent, by which the peo- ple conceived it to be of no value, and both French and Spaniards refused to take a farthing of it. Provision is three times the price it was two months past, and to be got by no other means than my own bonds, goods, and force."' There was another reason for the appreciation of the price of supphes. By the arrival of Virginians in regard to the value of the paper money. See Cahokian Memorial to De la Balme, printed in this vol., p. 547, also page 6; from the memorial of the people of Kaskaskia to the Virginia commissioners, March i, 1783, is taken the following passage: "But on ac- count of the honest appearance of General Clark and of his officers and because they assured us that they had orders to draw on M. Oliver Pollock, agent of the state of Virginia at New Orleans, there was no difficulty in obtaining all they needed for a spede in current paper, which was scattered in quantities both on this bank and the Spanish at the value of metalic piastres of Spain and all our suppUes have been sold at the same rate and conditions .... and since we could not believe that an officer in accordance with his orders would leave us ignorant of the fact that this money was depreciated, we have received it at its intrinsic value." (Menard Col., Tardivcaii Papers.) In a memorial to the governor of Virginia the same people said: "The suppliants have furnished all the necessary provisions to the troops at a sufficiently moderate price and have been paid with a paper money and letters of exchange which we were assured were equal in value to the Spanish piastre." (Ibid, memorial dated May 4, 1781.) The people of Vincennes in a petition to the governor of Virginia, June 30, 1781, wrote: "The accredited officers of finance and others have assured us that continental money was of equal value with coin, and we accepted the same in good faith." (Vo. State Papers, ii., igz.) ' See post, p. 6. * Clark to the Governor of Virginia, April 2p, 1779, in English, Conquest of the North- west, i., 400. INTRODUCTION the Virginians all open trade with Canada had been stopped and, since that country was one of the chief sources from which the inhabitants drew their goods and to which they sold their furs, commerce became stagnant and commodities scarce.^ The credit of Clark's government was supported at this time by the merchants and traders of Illinois. He says: "Several merchants are now advancing considerable sums of their own property, rather than the service should suffer, by which I am sensible they must lose greatly, unless some method is taken to raise the credit of our coin."^ The merchants who gave this timely aid to the American cause were Daniel Murray, Winston, Janis, the Charlevilles, the Bauvais, Duplasy, and Bienvenu, of Kaskaskia; Barbau of Prairie du Rocher; Godin, Trottier, Girault, LaCroix, Gratiot, and McCarty of Cahokia ; LeGras, Huberdeau and Bosseron of Vincennes, and Vigo with possibly others of St. Louis. ^ The state of Virginia had undertaken more than she could perform, since her treasury was exhausted and her credit gone, so that Clark never received the financial support that he needed; and he and his officers were in time forced to use that expediency which made the Thirty Years War in Germany so frightful, namely that of compeUing the people to support them. This last resort had not become necessary in the spring of 1779, at least it was not officially recognized ; for the French were still ready to make herculean sacrifices for the cause which they had accepted and to furnish supplies on the doubtful credit of the state; but the time was fast approaching when they would de- mand a settlement. * Va. State Papers, iii., 501. 2 See supra, xlvi., note i. ' Clark's account against Virginia, in English, Conquest of the Northwest, ii., 1040 et seq. The list of names is not complete since I have been unable to identify several as spelled by Clark and because drafts were drawn by other ofl&cers besides Clark and these would not appear in his account. In fact, the list of those who at this time or later furnished supplies on credit is a very long one, including almost every man of property in the Illinois. Gratiot of Cahokia, Cerre ot Kaskaskia, and Vigo of St. Louis have always received due credit for the assistance they furnished, but they were no more active than the other members of the French villages. In the end these three never suffered from their efforts at this period as severely as did many others. Richard Winston, who at the time of the coming of Clark was regarded as wealthy, died in poverty; and the Bauvais family was reduced to almost the same extrem- ity. These are only two instances among many. ILLINOIS HISTORICAL COLLECTIONS While Clark had been regulating the afifairs of the Illinois, the news of his great success had been received with rejoicing at Williamsburg, and the government of Virginia began preparing for some more permanent form of civil establishment for her new citizens. The territory north of the Ohio River lies within the region which Virginia claimed as hers under her charter granting the land from sea to sea. According to the Virginia interpreta- tion of that charter, the state was fully within her rights in legis- lating for that territory, to which her troops had just given her another title. On the 19th of November, 1778, a committee was appointed by the legislature to draft the requisite bill, which was introduced on the 30th and passed both houses on December 9th. ^ The civil establishment thus created for the region was the same in its essential character as that which Virginia had used in her expansion westward, the county government. Kentucky had but a few years before received a similar organization. This new territory, which included all that Clark actually held, stretched from the Ohio to the Illinois River and up the Wabash towards Detroit to an indefinite boundary. Ouiatanon was certainly under the jurisdiction of Virginia, but beyond that post and the Illinois River there is no proof of her exercising jurisdiction. The land lying between this northern boundary and the lakes was disputed territory and was traversed by Virginia and British troops at various times. The government of the "county of Illinois", as it was called, was temporary in character and was given force at the time of its enactment for only one year and then to the end of the next ses- sion of the legislature. On account of the difference in the popu- lation Virginia law was not fully extended to the new county.^ " On account of the remoteness of the region," so runs the pream- ble of the act, " it may be difficult, if not impracticable, to govern it by the present laws of the commonwealth, until proper infor- • The act is reprinted in this volume, p. 9. The history of the act is given in note i of the same page. * For a discussion of how far the laws of Virginia were extended to the Illinois, see post, p. Ixii. INTRODUCTION mation, by intercourse with their fellow citizens, on the east side of the Ohio, shall have familiarized them to the same, and it is therefore expedient that some form of government adapted to their circumstances should in the meantime be established." The chief executive officer and commander of the mihtia was the county lieutenant, or commandant. He was empowered to appoint as many deputy commandants, militia officers, and com- missaries as he found necessar}^-. The civil officers were to be the same as the inhabitants were accustomed to, and they were to administer the law which was in force in the region already, that is, the contume de Paris. Officers, created by the lieutenant, to which the inhabitants were unaccustomed were to be supported by the Virginia treasury, the others by the people. Both mili- tary and civil officers were required to take the oath of office according to the religion to which they were accustomed. The people were given assurance of the free exercise of their religion. The power of the court to be established and of the county lieu- tenant was limited in actions for treason and murder to the same extent as it was in all counties of Virginia.^ In such cases the lieutenant was permitted to stay execution until the opinion of the governor or the assembly had been obtained. On December 12, 1778, and in accordance with this act, Patrick Henry commissioned John Todd county lieutenant. For such a difficult and important position Todd seemed as good a candi- date as was available. His ancestry was Scotch-Irish, one of his ancestors having fled from Scotland to escape the persecutions of Claverhouse. His grandfather had come to America in the year 1737, when Todd's father was still in his youth, and had settled in Montgomery County, Pennsylvania. From his mother Todd inherited Welsh blood. His education had been exception- ally good. His uncle, also named John Todd, was a well-educated man, having graduated from Princeton in 1749, and was a minis- ter in Louisa County, Virginia, where he kept a classical school. It was at his uncle's school that the future county lieutenant was educated. Afterwards he studied law and practiced a short time. ' Chitwood, Justice in Colonial Virginia, 82. ILLINOIS HISTORICAL COLLECTIONS But the attraction of the frontier life was in his blood, as it was in that of so many other young men of his time, and at the outbreak of the Dunmore's War he became aid to General Lewis. In the following year he made his way among the first settlers to Kentucky and was present at the meeting which was held to estabhsh the government of the proprietary colony of Transyl- vania. In 1777 he was elected burgess from the county of Ken- tucky to the general assembly of Virginia. The duties of this oflSce prevented him from taking part in Clark's expedition to the Illinois.^ In appearance Todd was far from imposing. He was only five feet six inches in height, but was reputed the swiftest footman of his day and excelled in all forms of gymnastics. Like Clark and most of the leaders of the western movement he was still a young man, being at the time of his appointment twenty- eight years old. His experience, however, had been on the frontier; he was accustomed to the American type of pioneer, and was personally brave and a good Indian fighter. He united with these qualities a knowledge of law and a culture superior to that of any other man in the West. His education and his character seemed to fit him for the task before him. But the events in the Illinois were already approaching a crisis, brought on by the clash of Anglo-Saxon and Gallic temperament; the unity of feeling and the glow of enthusiasm aroused by the shouts of liberty and the huzzas for the French aUiance were already changing, and the French were beginning to count the cost of the transference of their allegiance ; criticism, denunciation, and open opposition were ready to break forth. Under such conditions was the experience of twenty-eight years sufl5cient to enable Todd to master the situation?^ The instructions given him by Governor Henry were wise and suited to the occasion : " Altho Great reliance is placed on your prudence in managing the people you are to reside among, yet consider'g you as unacquainted in some Degree with their Genius, I The Todd on the expedition was his brother, Levi. English, Conquest 0} the North- west, ii., osi. s For the life of Todd see, Green, Historic Families oj Kentucky; Morehead, Settlement oi Kentucky, 174; Mason, Chapters from Illinois History, 252. INTRODUCTION usage, and maners, as well as the Geography of the Cuntry I recommend it to you to consult and advise with the most intelligi- ble and upright persons who may fall in your way .... and I know of no better Gen^ Direction to Give than this, that you Consider yourself at the head of the Civill department, and as Such having the Comm^ of the militia, who are not to be under the comm*^ of the militar}^, untill ordered out by the civil Authority, and to act in conjunction with them " You are on all Accatons to inculcate on the people the value of liberty and the Difference between the State of free Citizens of the Commonwelth and that Slavery to which Ilinois was Des- tined. A free & equal representation may be expected by them in a little Time, together with all the improvm** in Jurisprudence and police which the other parts of the State enjoy "The Ditaile of your Duty in the civil Department I need not give you, its best Direction will be found in y'' innate love of Justice and Zeal to be intencively usefull to your fellow-men. A general Direction to act according to the best of y*" Judgment in cases where these Instructions are Silent and the laws have not Otherwise Directed is given to you from the necessity of the case, for y'" Great Distance from Governm* will not permit you to wait for Orders in many Cases of Great Importance."* Clark received Todd with joy, for 'hey were good friends; but a greater reason was that he found the task of superintending the civil department and at the same time of making the needed preparations for the contemplated attack on Detroit in the sum- mer too difficult.' The fussy details of the former were annoying to a mind like Clark's which was only aroused to its best by the excitement of some bold military undertaking. Todd reached the Illinois in May, 1779. One of his first duties was to organize the militia. There was little to be done, for Clark had maintained the military organization which he found in existence and had confirmed the appointments of the officers already in command. Todd now reconfirmed them under the ' Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 289 et scq.; Va. Slate Papers, i., 312. ' Clark's Memoir, English, Conquest oj the Northwest, i., 449. ILLINOIS HISTORICAL COLLECTIONS authority conferred on him by the act of the Virginia legislature. As far as the records show neither Clark nor Todd made many changes in the personnel of the mihtia. Under the British rule the officers had been selected from the most prominent men of the community, and the new government could not afford to alienate them. A few changes were made by one of the Virginians in Kaskaskia, where Richard Winston, an American trader, was made commandant, Nicolas Janis and Joseph Duplasy were retained, and Brazeau was not given a commission.' There could be no thought of change at Prairie du Rocher, where J. Bte. Barbau had been chief citizen for years.' At St. Philippe a commandant was also appointed, probably Pierre the Sieur de Girardot, who held somewhat the same position in that com- munity as Barbau at Prairie du Rocher.* At Cahokia Joseph Cesirre, who had been judge and captain of militia for several years, was not commissioned, but this was probably due to his death, which occurred in this year, possibly before Todd's arrival, Franfois Trottier was made commandant of the village and Mi- chel Beaulieu and Pierre Godin called Turanjeau, were com- missioned captains.* The latter was a new name in such a promi- nent position, but the Godin family was an important one and without doubt the appointment was approved by the people. In Peoria J. Bte. Mailhet was appointed commandant." Before issuing the commissions to the mihtia officers, Todd had given his attention to the establishment of the civil govern- 1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 294; Kas. Rec ., various papers. 2 Barbau was from New Orleans and was about fifty-seven years old at this time. He was one of the judges of the court of judicature established by Colonel Wilkins in 1768 and from that date is conspicuous in all the affairs of the American Bottom. It will be seen tha he was called to an important position later at a critical time. See post, p. . After the United States came into control of the country, he still continued to be a representative citizen and was appointed to many pubUc positions. He died in 1810. Kas. Rec; Smith, St Clair Papers, ii., 165. His will is recorded in the probate record of Randolph Co. ' Girardot was a former French infantry officer, who for some reason chose to remain in the Illinois. He was appointed one of the justices by Colonel Wilkins. I have not been able to find the rest of his name, for he was always called by his title. * For these Cahokians see the notes to the census of the village on page 624 et seq . *The appointment of a commandant at Peoria and St. Philippe is not mentioned by Todd in his Record-Book, but since we learn that such officers were acting later at these places, th^ must have been appointed about this time. For an account of Mailhet see p. 231, note 2. In 1790 it was believed that Mailhet was appointed commandant by Clark. Smith, St Clair Ptkpers ii 138. INTRODUCTION merit. He had received very definite instructions on this head in the act creating the county, according to which the magistrates were to be such as the people were accustomed to and were to be elected by popular vote. The problem, however, was not an easy one. Under the French regime the civil magistrate was a judge with sole authority in all judicial and executive matters not belonging to the military department.' During the British period there had been a feeble attempt, in 1768, to create a court of judicature, but it had failed ;^ and since that time the military commandant had been also judge, assisted by justices in each village, whose duties seem to have been to put in execution the decrees of the commandant. Neither of these arrangements was in accord with the democratic ideas of the frontier. There was, however, another model. Since the fall of the previous year, the Illinois villages had been governed by the courts estab- lished by Clark. The justices were elected by popular vote and had given general satisfaction. Todd determined to continue these as fulfilling the requirements of the law. Since Illinois was so large, it was impossible to hold a court at any one of the villages for the whole county. Three districts were, therefore, created: the Kaskaskia district included Prairie du Rocher, Chartres village, and St. PhiHppe besides Kaskaskia itself ; the Cahokia district extended from the village of Prairie du Pont to Peoria on the Illinois River; and the Vincennes district included all the region of the Wabash.^ The court consisted of six justices from the principal village and representatives from the other com- munities of the district. Thus two justices were elected for Prairie du Rocher and one for St. Philippe in the Kaskaskia district ; one was added to the Cahokia court for the little vil- lageof Prairie du Pont; and three were elected for the com- munities in the Wabash region outside of Vincennes.* These ' Alvord, Illinois in the Eighteenth Century, i6. 2 Ibid, 2 1 . ' Todd's speech, quoted on page Ix. gives the boundaries of the Kaskaskia district. The boundaries of the Cahokia district are obtained by the examination of the extent of its juris- diction. * Todd says in his speech that six justices are to be elected at Kaskaskia and two others from Prairie du Rocher and St. Philippe. As a matter of fact two were elected ILLINOIS HISTORICAL COLLECTIONS justices were elected for a year and might become candidates for re-election.^ The election for the new government was held at Kaskaskia, on May 12th, with suitable ceremonies. The people were sum- moned to a general assembly at the church door, where they had been accustomed to meet to transact their business for years. They came in their picturesque holiday apparel, for to them this seemed the day of the fulfilment of all their anticipations. Near by were drawn up the Virginia soldiers of the Illinois bat- talion, and possibly groups of Kaskaskia Indians were on the outskirts of the crowd. The central group was composed of Clark with his ofl&cers and Todd with his attendants, and with these stood without doubt Father Gibault.^ The presiding officer;of this remarkable assembly was George Rogers Clark. He had prepared an address for the occasion, but since his knowledge of French was limited, it was written and read by his ofl&cial interpreter, Jean Girault. His address was in part as follows: "From your first declaration of attachment to the American cause up to the time of the glorious capture of post St. Vincent, I had doubted your sincerity ; but in that critical moment I proved your fidelity. I was so touched by the zeal which you have shown that my desire is at present to render you happy and to prove to you the sincere affection that I have for the welfare and advancement of this colony in general and of each individual in particular. The young men of this colony have returned from Post St. Vincent covered with laurels which I hope from Prairie du Rocher, as the election certificate shows. (,Kas. Rec.) The ninth member of the court was the Sieur de Girandot, who was a resident of St. Ptiilippe. {Ajnt:r. Slate Pap., Pub. Lands, ii., 192.) The number six remains throughout the period as the number of justices to be elected at Kaskaskia. See pp. c.xvi., cxxxiv. At Cahokia there was always a member of the court who was a resident of Prairie du Pont and the court of Vincennes must have also followed the Kaskaskia model. J In Cahokia the election was annual and on account of the completeness of the records it is best to base conclusions about practice on that of the court of that village; but in the certificate of the second election of the two justices of Prairie du Rocher in 1782, it is stated that the time of serWce of the justices as established by law had passed and so two more justices were elected. This would make the tenure of office three years. {Kas. Rec, Pol. Papers.) No conclusions can be drawn from the elections at Kaskaskia, since they were held so irregularly and the same is true of what little is known of the court at Vincennes. (See post, p. Ltxxiv.; Dunn, Indiana, passim.) 2 In all French villages the regular place for holding assemblies was in front of the church. Babeau, Les assemblees generates, 21 et seq. It is possible that the troops and the Indians were not present, but it seems probable that they were. INTRODUCTION they will continue to wear." He then praised those who had remained at home to defend their village, and expressed a hope that they would soon have an opportunity to win similar glory. He told them that they would soon possess the liberty which the Americans enjoyed, and that America would protect them. The government, "has appointed for you a civil Heutenant governor to regulate and settle your affairs. In a short time you will know the American system, which you will, perhaps, think strange in principle, but in the end you will find in it so much peace and tranquillity that you will bless the day that you embraced the cause of the Americans. You should be persuaded that we desire to render you happy and to procure for you all possible succor. "I present to you Colonel Todd, my good friend, as your governor. He is the only person in the state whom I desired to fill this post in this colony. I am fully persuaded from my knowl- edge of his capacity and dihgence that he will succeed in render- ing to you justice and making you contented. "You are assembled here, gentlemen, for an affair of the greatest importance, namely, to elect the most capable and illus- trious persons to sit in judgment on your differences I pray you to consider the importance of this choice and to make it without partiaHty and to elect the persons most worthy of your trust ; and I hope that in a short time that you will be convinced that you are the freest people in the universe."^ Clark was followed by the county lieutenant, John Todd. His speech was also read by some one familiar with the language. He said in part : " Gentlemen, I am sent by the government of Virginia to exercise the duties of chief magistrate of this county. The reception which I have received from you deserves my thanks. I am flattered and shall always be happy, if my power can serve your well-being. I am sure that nothing will be lacking on my part to secure that end. "The Republic of Virginia has had only noble motives in > Dr. MSS., 49J43. This is an original manuscript and is signed by Clark, Fort Clark, May 12, 1779. Translation by the editor. ILLINOIS HISTORICAL COLLECTIONS coming here. It was not moved by the love of conquest but has come to invite you to participate with her citizens in the blessing of a free and equal independence and to be governed and judged by officers who shall be placed in power by the people. "Your great distance from the capital, gentlemen, does not permit you to send representatives to the assembly ; but if in the future it happens that for your welfare or to avoid loss you prefer such representation, I have it in my instructions to assure you that it will not be refused you. " The purpose for which we have assembled you to-day, gentle- men, is that you may choose among you six of the most notable and most judicious to be judges of the court of Kaskaskia, conjointly with two others from Prairie du Rocher and St. Philippe. "Each one with the right of voting can give his vote, either viva voce or by writing, to elect whomever he wishes to place in office."^ The assembly then proceeded to the election. A large ballot sheet had been prepared which was divided into squares. At the top of this were placed the names of the candidates, and at the side the names of the voters as they handed in their votes either by word of mouth or by writing, and their choice was checked off in the proper squares.^ The harmony of parties is evident from the list of men chosen as justices. The old factional strife, which had marked the years of Rocheblave's government, was hushed before the grand ideals which had been invoked by the men who had inaugurated this new constitution. All men united in choos- ing those who appeared most fitted to exercise the duties of the new oifice. At the head of the court was placed the man who had been the chief support of Rocheblave, but who had in the past few months won the confidence of Clark and his officers by the liberal assistance he had given their tottering finances, Gabriel Cerrd. On the whole, however, the names of the judges are those of men who had been lukewarm to the British cause and had won favor either in the recent campaign against Vincennes 1 Chi. Hist. Soc.'s Cah. Rec. This is an original manuscript. Translation by the editor. * At least this was the 'method at later elections. Kas. Rec, Pol. Papers, among which are two such ballot sheets. INTRODUCTION or by their cordial acceptance of the American allegiance. There were elected from Kaskaskia, besides Cerre, Joseph Duplasy, Jacques Lasource, Nicolas Janis, Nicolas Lachance, and Charles Charleville.^ On May 19th the people of Prairie du Rocher assembled and elected J. Bte. Barbau and Antoine Duchaufour de Louvieres as their representives in the court. At St. Philippe, Pierre Sieur de Girardot was elected.^ The court now being complete, Todd issued the commission on May the twenty-first: "From the great Confidence reposed in your Judgment & Integrity by the good people of Kaskaskia and its dependencies and agreeably to an act of the general assem- bly of Virginia, you are hereby constituted & appointed Justices of the peace for the District of Kaskaskia and Judges of the Court of the said District in cases both civil & criminal, any four or more of you are authorized to constitute a Court before whom shall be cognizable all actions and cases of which the Courts of the Counties of this commonwealth Respectively have Cognizance, your judgment must have the Concurence of at least a majority and be entered with the proceedings previous and subsequent and fairly recorded in Books provided for that pur- pose."^ Richard Winston, who was already commandant of the vil- lage, was appointed by Todd to the office of sheriff and Jean Girault, state's attorney. Carbonneaux, who had been clerk during the British period, was re-elected by the court. ^ The date of the inauguration of the court at Cahokia is not known. During the subsequent years the elections were held generally after the middle of June, the nineteenth being the favorite date; but the court was elected before that date in 1779, for it was in session as early as the tenth of June.' The election ' Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 295. 2 For election at St. Philippe see supra, p. Ivii., note 4. 3 Kas. Rec, Court Record, fol. 169. * Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 295. Winston's commission is among the Kas. Rec. * See post, p. 13. ILLINOIS HISTORICAL COLLECTIONS passed off without making many changes in the personnel of the court which had been established in 1778 by Major Bowman. In the place of Langlois, Bte. Saucier was returned. J. Bte. LaCroix was appointed sheriff by Todd and Francois Saucier was elected clerk by the court.' A court was also established at Vincennes. As this post lay outside the territor}^ which in time has become the state of Illinois and since the records from which this account is drawn belong to the villages of the Mississippi bottom, the history of Vincennes will be noticed only incidentally in this Introduction. The history of these courts was very dissimilar, as will be shown in the following pages; but there are certain general statements in regard to them which can be made that are true of all. The courts met at first rather irregularly, for the justices seem to have attempted to continue the weekly sessions to which they had become accustomed in Clark's courts. Later they gave this up and settled down to holding monthly sessions with some regularity and meeting in special sessions when required.^ The individual justices had jurisdiction in cases involving not more than twenty- five shillings, as was the law in the other counties of Virginia.' The French law was retained as the law of the county, but it was modified somewhat by the law of Virginia. In a letter to Clark on December 12, 1778, Governor Henry mentions sending him the Bill of Rights of Virginia to guide the French people, and appeal was made to it at one time at least in the history of the court of Kaskaskia.'* But this was not the only Virginia act that was used in these courts, for we find mention of the " Code of Laws and Bill of Rights" as a guide to be followed in questions of difficulty.^ What this code contained I have been unable to discover, but it was probably the more important laws respecting 1 Mason, John Todd's Record^Book, Chi. Hist. Soc.'s Collections, iv., 295. 2 This was true both of the Kaskaskia and the Cahokia courts. Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 309. 'Chitwood, Justice in Colonial Va., 81; see post p. S33. * Dr. MSS., 60J1, a copy; Kas. Rec, Letters. ^Memorial of Timolhe de Monbreun, November 18, 1794, Va. State Library. INTRODUCTION the county courts. There was some attempt at Kaskaskia to regulate, the procedure in accordance with English law. On one of the stray papers of the records from Kaskaskia there is a regular docket like that of any English court. At the end of the Cahokia court record, published in this volume, there is an attempt to imitate the same form. Trial by jury was also permitted and probably required in criminal cases; at least the record of the first jury trial at Cahokia was criminal. Another evidence of the influence of the English law is the practice of arresting men for debt, which makes a late appearance in the his- tory of the Cahokia court. On the whole the law of the courts is that of the coutume de Paris, as it had been used in the Illinois throughout the eighteenth century. The litigants do not as a rule favor the English procedure and are generally satisfied to have a majority of the judges decide their cases in accordance with equity. There were very serious charges made against the Vincennes justices on account of the large costs they demanded. A similar charge could not be made against the Cahokia court, for, with the exception of a few cases, which might be explained if we knew all the circumstances, the costs were moderate and not different from those that had been fixed by the ordinances of the French kings. Of the Kaskaskia court almost nothing is known, on account of the disappearance of the record. That the justices of Cahokia were careful in preserving the records of their sessions is evident from this volume. The history of the courts at Kaskas- kia and Vincennes was far more stormy, and no doubt in the fac- tional fights the records were not kept as well, but that they were made is evident from numerous references to them in letters and petitions. Where they are now is not known, but in both places there were plenty of men who would prefer that such records should not remain in existence, and they have no doubt been destroyed. Although unity among the French population appears to have reigned at the election and there was great enthusiasm ILLINOIS HISTORICAL COLLECTIONS expressed for Clark and the new county lieutenant, there was no such feeling for the American soldiers or for the numerous traders and land speculators who had already found their way into the country. The backwoodsman was a type that had been developed rather slowly in the Eastern colonies ; but the endless Indian war- fare, the life of the woods, the separation from the centers of civiHzation, the need of reliance on self had produced a set of men well fitted for the task of winning the West. Of great phy- sical strength, brave to recklessness, splendid riflemen, trained in woodcraft in which they were second only to their foes, the Indians, lovers of individual freedom, hostile to the regulations of society, hard drinkers, suspicious, quarrelsome, intolerant, un- cultured even to vulgarity, they had all the virtues as well as the vices of the Homeric heroes. It is difl&cult to trace the origin of these men of the frontier, for they came from all nations, from England, Ireland, Germany, and Holland. There was also a strong strain of Scotch-Irish blood from western Pennsylvania. Some came from respectable famines of the eastern settlers; many had fled to the West to escape the consequences of crime; others were redemptioners. Men of noble ideals mingled with those of the criminal class, for the West asked no questions in regard to the origin and past life of men, provided they were courageous and could wield an axe and fire a gun. What was needed were men, and they came from all classes. The love of the frontier with its excitement was in their blood and they came to fight the Indians, to quarrel among themselves, take up the land, winning it from the Indians and from nature in a way that no other men could have done so well. The well-controlled colonies of the French with their many pro- hibitions on individual initiative had failed where the splendid self-reliance and personal assertiveness of the American pioneers succeeded. The men trained under the French system now came in con- tact with this dift'erent race of beings. In the ensuing struggle those best adapted to survive in the life of the backwoods had an advantage which they used without restraint and without com- INTRODUCTION passion, and the French gave way before the egoism of the Ameri- cans, for whom they were no match. There was Httle to unite these discordant elements. The French were Cathohcs; the majority of Americans, Protestant, and the Calvinistic blood of the Independents and Presbyterians still ran warm in the veins of the pioneers, although they may have long ceased to feel the restraining influence of religion. For them the Catholics were enemies, as they had been on many a battle field of the Old World. The French hved on good terms with the Indians, the pioneer knew no good Indian save a dead one. With unremitting and relentless watchfulness they waged that war of extermination until the Indian was driven from the coveted prairies. The friends of the foe who had murdered with such cruel barbarity father, mother, sister, and brother of these stalwart pioneers were not to be trusted, and at every Indian uprising the French people were suspected. The French had been educated to respect the law and to obey the magistrates. With their little difficulties they were accustomed to run to the constituted au- thority for redress. The frontiersmen preferred to execute their own law and in any dispute were themselves judge, jury and executioner. Let a disagreement arise and there followed that terrific fight in which no rule was known, no end was allowed, save the yielding of one party to the greater physical strength of the other. Kicking, throtthng, gouging of the eyes, biting were all permissible. In such a struggle the greater strength and weight of the American had a distinct advantage over the French- man. Hence that contempt for the smaller race which is so marked in the attitude of the pioneer for his French neighbor. No better example exists of their differences than in their manner of life. The frontiersmen preferred the isolated log cabin, built without the least attempt at attractiveness; bare of furniture, comfortless, ill kept, Ufe here was unlovely, individualistic, and un- social. Even when forced for safety to seek the shelter of the stockade, they brought to the common life only the same qualities. Amidst the stench of cattle and hogs in the enclosure, the young were brought up with no conception of a quieter and more lovely ILLINOIS HISTORICAL COLLECTIONS life. The hero of the stockade was the strongest in the rough and tumble fight, the surest shot, the killer of Indians. The French were temperamentally the opposite; their mode of life had more refinement, more attempt at aesthetic enjoyment, was gentler in every way. Their little cottages in the village com- munity surrounded by the picket fence, which enclosed a garden with vegetables and flowers, set them apart as a people of different ideas and civilization. It was over these two people who were now mingling in the Illi- nois villages that Todd was called to rule. The soldiers of Clark had answered nobly to his call to war against the British and Indians, but it required other training than theirs to garrison a village of peaceful citizens. When the spirit of self-abnegation, which marked the army of backwoodsmen on the campaign, had disappeared, the equality which reigned on the frontier reas- serted itself and Clark's influence became only that of an equal. The obedience yielded to him in an emergency and in the face of danger was past, and the spirit of individual assertiveness was again predominant. The French had experienced the evils of this rule of the un- trained militia from Virginia and Kentucky, and were glad to be finally released from its petty tyranny. They saw with joy the inauguration of the civil government, for the court would be their champion against the soldiery ; and under the strong hand of the lawcourt, an institution which the French were accustomed to respect, order would again be restored and they would taste the sweets of that liberty which Clark and Todd had promised them. The court was French, and it is to this institution that the "villagers" clung throughout the following years, for through it alone could they hope to bring that freedom from military rule which oppressed them. The reverse of the picture must not be forgotten. The position of the Illinois battalion was a very diflacult one. The men were in a country far from their source of supplies, surrounded by hostile tribes of Indians, and unable to confer easily with the officials in Virginia. They, therefore, were frequently forced to INTRODUCTION act independently and their acts were not always confirmed by the Virginia authorities. Their supply of money from the state was also inadequate for the work they had to perform. This was due to two causes : first because Virginia did not fully appreciate the importance of holding the Illinois — that was a need better understood by the Kentuckians ; second, the finances of the state were such that there was no supply for this distant country. In 1780, Governor Jefferson wrote to Clark: "The less you depend for supplies from this quarter the less will you be disappointed by those impediments which distances and a precarious foreign commerce throws in the way, for these reasons it will be eligible to withdraw as many of your men as you can from the west side of the Ohio leaving only as many men as will be necessary for keep- ing the lUinois settlement in spirits, but we must accommodate our measures for doing this to our means. "^ In the previous year the situation was only a little better. It was the necessity of holding the country at any cost that forced upon the men of the West the use of measures which bore with harshness on the French, measures which were often cruel and brutally carried out. That they held the tenitory for America is their excuse. The French were not the only ones to suffer. Clark never re- ceived just recompense for his labors, and many personal debts which he incurred for the cause were never paid. Many of his officers suffered in the same way and found themselves financially embarrassed by their devotion to the American interests. No sooner was the court of Kaskaskia established than it took up the cause of the French and attempted to put an end to the anarchy which threatened. In a memorial to John Todd of the twenty-fourth of May, 1779,^ the justices told their grievances and demanded reforms: First, "The soldiers of Fort Clark go into the commons of this place to hunt the animals of the undersigned petitioners and without giving heed to the brandings or to whom they may belong they have enclosed them in the fort and killed them without giving notice to anyone. Such acts have never been 1 Dr. MSS., 29J14. ^Kas. Rec, Pol. Papers. Original MS. Translation by the editor. ILLINOIS HISTORICAL COLLECTIONS seen in this country before. It is contrary to all law and particu- larly contrary to the usages and customs of an independent country like this one, which has been announced to be free. In a place where each should be able to do with his property what pleases him and to enjoy it as seems good to him, the soldiers have killed dray-oxen, milch cows, and other animals belonging to people who can not subsist without them. It causes for some a lack of means for the cultivation of the fields and for others a lack of nourishment and subsistence for the family. We have always been ready to furnish animals for the garrison in so far as it was in our power and are still ready as far as we have resources. If it is permitted that our beasts of burden be killed, how can we cultivate our fields and furnish the needs of the garri- son and those of our families? If such abuses continue, which tend to the ruin of the colony, what will become of the colonists ?" The second subject of the memorial was against the sale of intoxicating hquors to the Indians. They said that the French had made an agreement not to sell any liquors to the Indians, as it had been the cause of disaster to the colony and they begged Todd to put an end to this trade.^ The third subject was in regard to trade with the slaves without premission of the masters. The black law was still in force and forbade such trade, which was nevertheless practiced and caused the slaves to be insolent and disorderly. On this last subject Clark had already issued an ordinance, and at this very time there was in process the trial, which had begun in the courts founded by Clark, of the slaves for poisoning.^ The case was proved against two and a sentence of execution pro- nounced against them, so that this kind of disorder from the slaves received a check. The subject of trade in liquor with the Indians was apparently regulated by the issuance of trade licenses; at least there are in existence two such licenses, one of which is in this volume and the 1 Refers to the agreement under the Rocheblave administration. See supra, p. xxxii. * See posl, pp. 4, 13 . INTRODUCTION other may be found in John Todd's Record-Book} Since these measures did not prove effective, the court, on September 6th, issued a proclamation prohibiting the sale of hquors to the savages and the buying of any commodity from slaves without permission of their owners.'' The first subject was beyond the power of the civil government and was never fully righted, for this grievance concerning the killing of cattle belonging to the French appears in all subsequent petitions of the inhabitants of the villages, whether they addressed themselves to Virginia, to Congress, or elsewhere. The position was a difficult one, and the soldiers left to shift for themselves recurred again and again to this method of foraging. During the summer of 1779 some steps seem to have been taken to stop the abuse, for the officers complained several time of the lack of supplies, and the imminent need of military seizure, which they were forbidden to make. There was another vital question in the Illinois which demanded the attention of the county lieutenant. The land was fertile, and he had every reason to fear that there would be a rush of settlers to the county, which would now fall under the land laws of Vir- ginia that permitted the greatest license to settlers in preempt- ing land. The result in Kentucky had been land-speculation, law-suits, and general anarchy. This Todd hoped to prevent in the Illinois. The French settlers were always opposed to the indiscriminate giving away of unpatented land and, in the peti- tion of May 24th already mentioned, they called Todd's attention to some adventurers who were taking up large tracts of land near their village, and urged him to save at least the rich river bottom. They did not know that the Virginia assembly in May, at the time this question was under discussion in Illinois, had passed a law forbidding settlements north of the Ohio river.^ Todd was directly interested in the land question, as he had been appointed the surveyor of the county by the corporation of William and Mary * See post, p. 463 ; Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collection iv., 296 . ' Kas. Rec, Court Record, p. 238. ' Hening, Statutes, %., 32. ILLINOIS HISTORICAL COLLECTIONS college.^ In the middle of June he "enjoined all persons what- soever from making any New Settlements upon the Flat lands, unless In manor and form of Settlem* as heretofore made by the French Inhabitants untill further Orders given hereon."^ That Todd had no intention of forbidding settlers in the prairies is evident from the proclamation, and after Todd's departure neither the incoming immigrants nor the officers of the troops paid any heed to the Virginia legislation. In fact many Americans found their way to the region and were welcomed by Clark, who believed that the settlement of families was the best way to hold a country. In 1779 Montgomery mentions the departure of several families from Kaskaskia to form a settlement up a creek about thirty miles.^ But it was not the single settler only who had to be watched. No sooner had the news of the conquest of the Illinois reached the East than the Illinois and the Wabash Land companies, which had been formed during the British period,^ decided to pool their interests and begin immediately to make settlements. Only a few days after the Virginia assembly passed the act creating the county of Illinois, on December 26th, William Mur- ray on behalf of himself and the other proprietors presented a memorial in which he set forth the fact of the purchase of lands from the Indians and the purpose of making a settle- ment as soon as the state of affairs in the West would permit. s In order not to allow the claim to lapse through non-occupancy, the companies made, the next spring, preparations to form a settle- ment on the Wabash, and appointed on March 26th John Campbell as their western agent." There was sent him a proclamation to be published in which the most liberal terms were offered to the first five hundred settlers in the town which it was proposed ' Papers of Old Cong., hid. Papers, lvi., 97. 2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collection, iv., 301. 3 Dr. MSS., 49J74. * See supra, p. xxx. 8 Va. State Papers, i., 314. * Can. Archives, B., 184, vol. i., pp. 119 and 123. Todd found difficulty in deciding what to do about their title. Mason, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 318. INTRODUCTION to establish. The enterprise was not pushed further at this time. y The next subject to engage Todd's attention was the paper money. While on his way to Illinois, he had learned that the issues of continental paper money of the dates May 20, 1777, and April 11, 1778, were ordered to be paid into the continental loan offices by the first of June, 1779, or they would become worthless;* but he hoped to obtain a longer time for the money from the Illinois. Todd issued a proclamation on July 27th, which he repeated on August 2 2d, setting forth the necessity for depositing with him, the called-in emissions for which he would issue certificates. In all between fifteen and twenty thousand dollars were thus collected and deposited with the no- tary; but nothing further was done with it.^ It was estimated that there remained in the hands of the inhabitants twenty thou- sand more notes of these issues, which were, of course, of no value whatsoever. Another loss to the French came from the large amount of forged money that was put in circulation. It was a common practice, and an easy one, to counterfeit the con- tinental and colonial paper and large amounts were carried to the Illinois. This, however, was refused by Todd and the more intelligent merchants. The result of all these operations was that confidence in the paper money was greatly weakened until the French refused to take it at all. It was to buoy up the sinking credit of this paper that Todd devised a scheme to call in a further amount, since he thought the prime cause of its depreciation was the quantity in circula- tion.^ On June nth he wrote to the Court of Kaskaskia the iTodd to Clark, March 26, 1779, Dr. MSS., 49J33. ^ In 1790 Governor St. Clair found it still packed away in the notary's office. Amer. Stale Papers, Pub. Lands, i., 20. 3 The rapid depreciation of the continental money in the year 1779 may beseenby this schedule drawn up by Todd and Clark. (Journal of N orthweslern Commissioners,^ a.. State Library) . From the ist May till Col. Montgomery's Arrival in June Kas. at Kaskaskia One Specied[?] Dollar was equal to 5 or 6 From 10 June till ye 10 July during the time ye Reg. was at Kaskaskia & on the way to St. Vin. 10 From the loth July till the Middle Augs. 10 from 15 Augs. till ist Oct. 15 from ist Oct. till 15 Nov. to 30 St. Vine. 3* Koh 4 4? 4 to 8 8 to 12 S 6 8 to IS 10 xxii ILIJNOIS HISTORICAL COLLECTIONS following letter: "The only method that America has to sup- port the present just War is by her Credit. That Credit at pre- sent is her Bills emitted from the different Treasuries by which she engages to pay the Bearer at a certain time Gold & Silver in Exchange. There is no friend to American Independence who has any Judgment but soon expects to see it equal to Gold & Silver. Some disaffected persons & designing Speculators discredit it through Enmity or Interest; the ignorant multitude have not Sagacity enough to examine into this matter & merely from its uncommon Quantity & in proportion to it arises the Complaint of its want of Credit. "This has for some years been the Case near the Seat of War; the disorder has spread at last as far as the Illinois & calls loudly for a Remedy. In the interior Counties this Remedy is a heavy Tax, now operating, from which an indulgent government has exempted us. one only remedy remains which is lodged within my power that is by receiving on behalf of Government such sums as the people shall be induced to lend upon a sure fund & thereby decreasing the Quantity."' The plan as he set it forth was to borrow 33, 333 J dollars of Treasury notes, whether of Virginia or the United Colonies, on certificates for 21,000 acres of land near Cahokia. The lender was obliged to make a loan of at least $100, for which he or his heirs should be entitled to demand within two years a title to his allotment of land, or the sum origin- ally advanced in gold or silver with 5 per cent interest per annum, at the option of the state. This project met the approval of the governor and council but had to be brought before the assembly for confirmation.' Todd in the meanwhile appointed commissioners to receive the money and large sums were paid in and sealed up, for which certificates were issued. The matter stopped there, for nothing came of the project except the exchange of the paper for the certificates.' 1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 297. ' Va. Slate Papers, {., 326. 'Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 298 et seq.; Dr.MSS., 46J50. INTRODUCTION Although Todd had been compelled by law to take up the recalled emissions and to refuse the counterfeits and this last' scheme for bolstering up the credit of the paper currency was a common enough one in his time, the effect of all these transactions was to throw further discredit on the currency and make the purchase of provisions for the army almost impossible. For this he was held responsible and roundly denounced by the army officers, who had themselves been the most at fault in passing a depreciated currency at par value, a deceit which caused the French to lose all faith in their money and their word. The blame, however, had to be placed on some one and the head of the civil government was the victim. The animosity thus aroused re- mained long after Todd had left the Illinois and had met his death at the battle of Blue Licks. Sometime after 1790, WilHam Shannon, who was in 1779 commissary in the lUinois, wrote of these transactions: "it was owing to the false suggestions of Col. Todd, a gentleman who came to the Illinois in the month of May, 1779, in character of chief magistrate, who I believe by his reports to government as well as by his transactions while in the Illinois country had done great injury to the inhabitants. Immediately after his arrival His policy was to put a total stop to paper credit which he did by putting the paper money he found in the hands of the different Individuals under cover and sealing it up (where a great part of it still remains) and giving the holders thereof a certificate specifying that he had Inclosed under his Private Seal paper bills of Credit to a certain amount and for which he promised them (as he said they had been imposed on) lands in proportion to the money they brought to him to secrete for them .... this proceeding put a total stop ever after to paper credit in that country.'" This was the explanation of Todd's actions in the military circles. Unjust it was and false ; but Todd found himself, as he tried to protect the French, more and more in opposition to the military department. And yet he could not assume the leader- ship of the French party, because of his duty to the American ' Dr. MSS., 46 Js. o ILLINOIS HISTORICAL COLLECTIONS cause and of the necessity of maintaining control of the territory at any cost. There was nothing left for him but to attempt media- tion, which was foreordained to failure. On September i8 Richard McCarty, who was captain of the company stationed at Cahokia, wrote Todd: "I dont see yet through the designs of a few dispicable Inhabitants who say they are authorized by you, to parade themselves in the fields Distroying My property when there are Numbers of other hogs in the same place .... Indeed unless there is Soon a Change for the Better me nor my Soldiers will have no Business hear. Neither can we stay half Naked, what we are paid with Call'd down by the Civil power."^ The same writer was more open in expressing himself to Colo- nel Montgomery: "Colo. Todd's Residence here will spoil the people intirely for the inhabitants no more Regard us than a Parcel of Slaves." He also says it would be a good thing to get Todd out of the country, "for he will possitively Sett the Inhabi- tants and us by the Ears .... In some complaints by the Inhabitants the other day he wished that there wasn't a soldier in the country I have never Seen the people of this place So Mutinous as they are by the encouragement of Colo^ Todd, for they even begin to threaten to turn my men out of Doors and god knows what I shall do If they do for we are not Above 20 Strong and them Sick that I could depend on So they may Starve us if they like."^ This outspoken opposition of the French made its first appear- ance at Cahokia, possibly because the people of the village were more independent and self-reliant, but probably because there never was a large garrison in the village and it was far from the seat of government, Kaskaskia. Then too the captain in com- mand was well known, having been a trader in Cahokia some years before the coming of the Virginians. His rapid promotion in the army had somewhat turned the head of this Irishman from Connecticut, and he was overbearing and arrogant in his relations with the people.^ In a moment of anger he once told ' See post, p. 615. 2 See post, Ip. 616. 8 For biographical note on McCarty see post, p. 2, n. 3 INTRODUCTION them that he wished he was commander in chief of their village and he would send some of the inhabitants in chains to Virginia.^ Todd had no very good opinion of McCarty and later told the governor that he had "rendered himself disagreeable by endea- voring to enforce Military law upon the Civil Department at Kahos."^ The military had causes for complaint, although these were not due to Todd. The soldiers were ill fed and badly clothed as the means of supplying their needs began to fail. In Septem- ber, Captain John Williams wrote, "provisions is very hard to be got without Peltry,"^ and in the same month Colonel Montgomery wrote to Clark : "I cant not tell what to do in Regard of Clothing for the Soldiers as the Goods you wrote to me is gon .... and I would Be Glad that if it is in your power to Send a Relefe to me for the Soldiers if it is onley As Much as will Make them A little Jump Jacote {Jacket f'l and a pear of overalls I think they Mite Scuffle threw. But in Regard of lining there are Bad of, But if I had Som Strouding I Could Exchang it for lining on the other Side as The {sic\ have all Redy offered it to me."* Mc- Carty's tale of troubles at Cahokia was even worse; for the sol- diers were deserting daily because of the lack of clothing.* Thus the question of the support of the troops had become the vital issue between the civil government and the army. The French were unwilling to part with their goods without some assurance of payment, for they had learned from sad experience, and the deception in regard to the money was not the only one. Many of the bills drawn on Oliver Pollock at New Orleans or on the treasury of Virginia by the officers were coming back protested. Even when merchandise instead of money or drafts was promised, the French were disappointed. The experience of Gabriel Cerr^ is one that occurred not once but many ' See post, p. 543. ' Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Colleclions, iv., 335. ^Dr.MSS., 49J73- * Dr. MSS., 49J74. The punctuation and spelling are printed as they are in the original. * See post, p. 615 ILLINOIS HISTORICAL COLLECTIONS times. In a letter to Clark he explained that he had used his credit to purchase supplies for the troops on the promise of the commissary Shannon to repay him in merchandise, which was now refused him.^ No wonder the inhabitants felt they could do no more. They had furnished their goods and had even taken on themselves obligations in order to make the expedition of Clark a success. This they had done when Clark and his men first surprised Illinois in the summer of 1778. They had also fitted out the Vincennes expedition in the winter with supplies as well as with soldiers. In the summer of 1779, Clark had organized a campaign against Detroit which never took place, and again the French were ready with supplies and volunteers. They were now to be called on once more to sell their goods without hope of pay, and this brought on the crisis that proved to Todd the illusiveness of his mediation and the impossibility of the maintenance of a civil government. After the failure of the Detroit expedition the troops were assigned for the winter to the different villages, which they reached in August. Colonel Montgomery was placed in command of the Illinois ; Captain John Williams was stationed at Fort Clark in Kaskaskia, Captain Richard McCarty, at Fort Bowman in Cahokia, and Captain Shelby at Fort Patrick Henry in Vincennes. = Preparations were immediately made to collect supplies for the winter and the compaign of the following spring. Hunters were sent out to obtain meat, and the officers were instructed to purchase provisions from the inhabitants. To this end, Todd, on August II, issued a proclamation inviting the inhabitants to make contracts with the commissaries for flour. Knowing the attitude of the people he felt the necessity of adding: "If I shall be obliged to give the military permission to press, it will be a disad- vantage, and what ought more to influence Freemen it will be a dishonour to the people."^ Nine days later Colonel Mont- gomery tried the effect of his eloquence and proposed that one of the citizens should be appointed contractor to assess the inhabi- 1 Dr. MSS., 40j59. 2 Clark's general orders, Va. Slate Papers, i., 324; Letter of Montgomery, Ibid, iii., 441 2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 305. INTRODUCTION tants for the benefit of the service, and he adds: "The com- plaint of the worthlessness of the money will not last long, I hope, but in the meantime I am certain that all good compatriots will set about assisting the garrison, seeing that it is so many years that their fellow patriots have carried on the war and fought and received their pay in this same money. In order to remedy the difficulty in regard to the counterfeit money, letters of exchange will be given for all kinds of supplies."^ Two days later Todd prohibited the exportation of any provisions from the Illinois for sixty days. "The offender herein shall be subjected to im- prisonment for one month and more over forfeit the value of such exported Provision." This was not the first time that an embargo had been laid on exportation, for two months before the court of Kaskaskia had prohibited exports without the con- sent of the commandant.^ The result of these measures was that the justices of the court of Kaskaskia assessed the inhabitants of the village accord- ing to their wealth, and by August 31 there had been delivered into the storehouse 54,600 pounds of flour and a promise of 1600 pounds more had been made.^ This amount was cons'der- able, but not sufficient to support the large army that Clark ex- pected to put in the field the following summer. Other efforts were therefore made to induce the people to part with further supplies, and Montgomery's eloquence was again called into use. The effect of this second appeal is told in a report to Clark on October 2d. "Since I receved your letters I have iMade a second Trial in Regard of laying up a Sufficant Quantity of provision But it seems to no effect as the [sic] aGain Repete to me that themselves and Negroes is neaked and Without I can suply them with Goods or peltry it will be out of their poer to Supply Me in More then What the Already have promised Me which will not Be over half enuf to Supply An aremey. But Sir as you inform me that you have The disposing of the Goods that Colo Rogers ' Kas. Rec, Letters. Translation by the editor. 2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 306; Kas. Rec Court Record, p. 232. 'Furnished by twenty-seven inhabitants, Dr. MSS., 46J17. ILLINOIS HISTORICAL COLLECTIONS tuck up to the Falls if you thot proper to Send a Quantity of them Back to Me for that purpose or a Quantity of dear Skins with what peltrey I have Got from Colo Todd I think it then Would Be in My power to furnish a Quantity Sufficant for the Supply of a thousand Men Six Months, if you dont think proper to send them Send Me perticuler orders in Regard of teaking it by force and your orders shall be puntley obed. Sir if you Sh think of Sending them, the sooner the Better as I have Eshued a pro- clamation prohabiten them to transport aney provision of aney Space what Ever till Such times I have answer from you not letting them know that There is aney Expectation of anything of that kind."! Todd had meanwhile been making efforts to supply the deficiency with some success. /In the latter part of September he was in Cahokia and purchased a large amount of peltry from M. Beauregard of St. Louis, for which he paid as high as three livres per pound, a price which was regarded as excessive.^ A draft on the treasury of Virginia was given for this. It was this peltry that Montgomery had been counting on to pay some of the debts to the French at the Illinois. Todd preferred, how- ever, to reserve it for future emergencies and declared that the troops must be maintained by the credit of the state. Todd's persistence iii this policy caused his administration to end in failure, since, in maintaining it, he found he could no longer protect the people from military levies. Since Montgomery had failed in every attempt to wrest more from the people, he turned the business over to Todd who said: "that he Would Call a counsel of the inhabitants and Compel them to furnish. But when the Met the punkley denied him, he then told Them if the did not Comply he would Give them up to the Militery and Quit Them, the answered him the were well aGread to that & So parted."^ 1 Dr. MSS., 49J76. ^Jour. oj Northwestern Com., Va. State Lib.; Mason, John Todd Papers, Chi. Hist Soc.'s Collections, iv., 348, 358. 3 Montgomery to Clark, October 5, 1779, Dr. MSS., 49J78. INTRODUCTION The disappointment of Montgomery at this outcome appears very genuine, and he was not sure what to do next. He asks Clark: "with what Face Can I pretend to Seas on those people provisio When the know that we have Got the peltrey and will not Give it to Them and our Money is of no acount to Them and our Bills Comes Back protested. The have Create Reason to think that We onley intend to Baffle them but Sir you May depend that I will do Every Thing in My power and am detrmed [sic] to have the provision as I have demanded Every Bushel of Every Space the have to Spare."^ Todd left Illinois in November,^ shortly after his failure, and returned to Kentucky, leaving as his deputy, Richard Winston. He had become discouraged and had begged to be permitted to resign as early as August 13, 1779, giving as his reasons the unwholesome air, the distance from his connections, his unfamil- iarity with the language, the difficulty of procuring many of the con- veniences of life, and the impossibility of accomplishing his pur- poses with the means at hand.^ He had not been agreeably impressed with the Illinois, where he had suffered a severe sick- ness and been obliged to put up with much that was disagreeable. He voiced the sentiments of many Americans of his time when he wrote, "I prefer Kentucky much to this Country either for the ambitious man, the retired farmer, or the young merchant."* In leaving he did not resign his position of county lieutenant, but retained it at least through the next year.^ It has been an open question whether Todd ever returned to Illinois after 1779; but a letter written from Vincennes on March 10, 1780, in which he 1 Dr. MSS., 49J78. ' On November 15, Todd was in Kaskaskia evidently expecting to start for the Falls. (.Va. State Papers, i., 358). On December 19, he wrote from the Falls to Charles Gratiot. (See post, p. 617). ' Mason, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 319; Dr. MSS., 23J103. * Todd to Fleming, August 18, 1779, Dr. MSS., 23J103. * This is an unsettled question. His successors in the Illinois continued to be called deputy county lieutenants. Wickliffe in Morehead, Settlement oj Kentttcky, 174, implies that he did not resign but returned to the county several times. On April 15, 1781, Todd wrote to Jefferson that he still received complaints from IlUnois. (Va. State Papers, ii., 44). On the other hand he refused to give orders in regard to a consignment of goods to him as county lieutenant on Nov. 30, 1780. (,Ibid, i., 393). ILLINOIS HISTORICAL COLLECTIONS expressed the intention of going to Kaskaskia the next da}- leaves no doubt that he was at the former place and makes it probable that he was in the latter.' Whether he went or not, he left no evidences of his stay, for affairs by that time had passed far be- yond his control. Later he thought of returning, for, in 1781, learning that Virginia was planning to give up Illinois to the United States, he offered his services as surveyor in that countrv, a position he had previously held.^ After his departure the civil officers and the French still kept up a correspondence with him, and his interest in the affairs of the distant county ceased only with his death. As we have seen, one of the last acts of Todd was to deliver the inhabitants into the hands of the military, since the civil govern- ment had failed in its principal mission, the maintenance of the troops. Thereafter the army was to collect its own supplies. The method cmj^loyed by Colonel Montgomery during the subse- quent weeks is clearly shown by the following petition which was signed by a large number of the inhabitants of Kaskaskia on December 8, 1779: ''To the Magistrates of the district of Kas- kaskia, Gentlemen: We ask of you in whom we put our confi- dence and whom we have elected to govern this country according to the laws which you have caused to be announced to us in your ofl&ce, is it not full time that you put an end to the brigandage and t)Tanny which the military have exercised among us so long? Should not the military be content to see that we are depriving ourselves of every necessity in order to furnish their subsistence and have not left ourselves sufficient for the sup- port of our families and of our slaves, from whom we can not ob- tain any service in a season so severe? Can we with tranquil eyes see the animals, most necessary for agriculture and other work, killed every day? "You have a sure means, gentlemen, of putting an end to such disorders; but can we even address you in the hope of causing you to see some glimmer of that liberty which h^s been » Dr. MSS., soJSo. * Papers oj Old Cong. Ind. Papers, \vi., gy. INTRODUCTION so often announced, when you are acting in concert with those who op{)ress us by taking from us the means of livinj^ and from themselves also ? We do not believe that it is necessary to rejjort to you in this petition the subject of our complaints, since all the grievances have taken place before your eyes. "Furthermore you ought to perceive, gentlemen, that the famine has begun to be felt in this country and that we can with difficulty suj)ply with food those who truly merit rations on account of their service and should not be obliged to nourish and warm the useless members of the state. You ought to demand an exact statement of the number to receive rations in order that, when the troops shall have need of asking you there- for, you can deliver what is right. "Furthermore, notice, gentlemen, that there are in this village only about ten houses which can make remittances and that they are believed to be richer than they really are. We are born free and we wish to enjoy the liberty of true citizens. "You ought also to observe, gentlemen, that this village has supported all the burden and expense since the arrival of the Americans and that the other villages have felt no burden or a very little. We hope that you will make them contribute to the maintenance of the troops, since they are better able than we are according to their number."^ The magistrates took action the next day and embodied the substance of the foregoing complaint to them in a demand on Colonel Montgomery to put an end to the grievances. They pointed out that many useless slaves were being supported in the fort, and that there was a great waste of firewood. Their authority to make this demand was set forth in the following words: "Since our duty exacts that we watch over the public safety and at the same time over the American welfare, we demand, sir, that from now on the troops shall not have the authority to take anything at the houses of the inhabitants without an order from us according to article 13 of the declaration of rights by the assembly of Virginia; which assembly has authorized us to main- ' Menard Col., Tard. Papers, a tof>y by the Kaskaskia clerk. Translation by the editor ILIJNOIS HISTORICAL COLLECTIONS tain the people of this country in all their rights and liberties. It is there set forth that the military ought to be under the most complete subordination to, and be governed by, the civil power, to which declaration up till to-day the military has given no attention. "We hope, sir, that you will give attention to our just repre- sentation without forcing us to the disagreeable duty of being obliged to appeal to his Excellency, the Governor, and to the Honorable Assembly of Virginia."^ Montgomery paid no heed to this memorial or to the threat of appeal to the governor of Virginia. He regarded their demand for a statement of the number of those who were supported in the fort as an insult and an impertinence, and ordered his troops to go from house to house to collect whatever they required, and to shoot the animals on the commons. There were at the time only thirty-eight soldiers in the fort, but with these there were many Americans who had come with their families to settle, and also slaves, all of whom the inhabitants were compelled to sup- port.' The winter was a very hard one, the most severe that had been known for years, and the suffering of the people was very great.' In spite of this Montgomery proceeded to harsher methods. There is in existence a letter written by him to Deputy County Lieutenant Winston, on March 5th, which shows to what lengths he was ready to go in order to obtain the supplies which he needed. After making the usual demands, he says: "and before that I suffer as much more, I beg you would inform them to put their Guns in good order, as I dont want to take them at any disadvantage. As if they dont furnish I shall look on them as Traitors to the cause of america, and Treat them Accord- ingly. "< Montgomery took the hint in regard to the other villages, however, and went to Cahokia in January, 1780, where he de- 1 Menard Col., Tard. Papers, copy by Kaskaskia clerk. Translated by the editor. ^Memorial oj people oj Kaskaskia, to governor of Virginia, May 4, 1781, Menard Col., Tard. Papers, original MS. mth signatures. 3 Can. Archives, B., 100, p. 370; Va. Slate Papers, i., 338. * Menard Col., Tard. Papers. Copy,'evidently in Winston's handwriting, and certified by the clerk and Winston. INTRODUCTION manded supplies on the ground that the other villages had given in proportion to their wealth. The court of Cahokia agreed that a census of the population should be taken and each person com- pelled to furnish supplies according to his means. The Caho- kians did not have so much cause for complaint as the people of Kaskaskia, for during this winter there were no troops quar- tered in their village. They preferred no doubt to pay the tax rather than to bring upon themselves a return of the evils they had suffered during the preceding fall, when they had been com- pelled to receive the troops into their homes, to furnish all supplies, and finally to submit to the seizure of the flour in their mills, which were then sealed with the seal of Virginia. Such acts had alienated the Cahokians, who had been excited to deeds of heroism and self denial under the leadership of Joseph Bowman in the winter of 1778-1779.^ When the change of government had failed to satisfy the French and the presence of the soldiers had led to disorder and tyranny, there began a steady stream of emigration to the Spanish bank, which ended in almost depopulating some of the villages of the American Bottom. Among the emigrants were the most impor- tant and progressive of the French inhabitants. One of the first to leave was the richest and foremost citizen of Kaskaskia, Gabriel Cerre, who emigrated to St. Louis either in the fall of 1779 or the following winter. Charles Gratiot^'of Cahokia soon followed his example, and many others went with them "to seek an asylum where they find the protection which is due a free people."^ Without their leaders the French were less able to hold their own than before. They, however, made their appeal to Virginia, and numerous were the petitions of individuals for the payment of what was owing them. About this time an agent, one Lajeunesse, was appointed to represent the French interests at the capital; but nothing was accomplished, for Virginia had no money to use for investigation or to pay claims, however just, » See post, pp. 3S, 547, 610. ■^ Menard Col., Tard Papers, Memorial oj Kaskaskians, to Va. Commissioners, March t, 1783. Original MS. ILLINOIS HISTORICAL COLLECTIONS against her.^ In fact it was at this time, as we have seen, that Jefferson wrote to Clark that it would be necessary to with- draw as many of the troops as possible from the territory north of the Ohio, for he need expect no help or supplies from the state.' The people of Illinois did not receive, at this gloomy moment, that assistance from their own officers against their oppressors that they had a right to expect. Instead the justices of Kaskaskia seem to have tried to gain what personal advantage they could from the situation. In the midst of the troubles and poverty of the winter, when the people were attempting to withstand the exac- tions of Montgomery, the justices of the court were demanding pay for their services.^ The magistrates found their office, more- over, sufficiently lucrative to wish to retain it; for, when the time came for a new election, none was held, and, with a few changes to fill vacancies, the justices remained the same for over two years. This irregularity is striking when compared with the annual elections for the court at Cahokia. But Kaskaskia was not alone in troubles of this character; the original justices at Vincennes clung to office until 1787.'' The court was also accused by Jean Girault, state's attorney, with being lax in the performance of its duty. Many settlers were stragghng into the colony and taking up land both within the village by purchase and by grants from the coiu-t of unpatented lands, a custom which had been permitted by Todd and continued by his successors. The situation was such that the govermnent in the Illinois could not give heed to the general law of Virginia forbidding this practice; for the immigrants were there, fre- quently with their families, and had come without making pro- vision for the future, should they fail to receive land to cultivate.^ Clark himself had frequently approved of protecting the infant colonies by this means, and the officers of Virginia were among the ffi"st to accept grants from the court. One of the earliest 1 Dr. MSS., 5oJs4- ' Dr. MSS., 29J14; see also supra Ixvii. 8 Dr. MSS., S0J5. Original MS. * Dunn, Indiana, passim. s Dodge to governor of Va., August i, 1780, Va. Slate Papers, i., 368. INTRODUCTION records of a land concession of this character is that of one made to Colonel Montgomery. The Indian agent, John Dodge, re- ceived in the year 1780 several such patents. ^ Very few of the French seized the opportunity to obtain such concessions at Kas- kaskia and the number was even less at Cahokia, provided no account is taken of Prairie du Pont to which Cahokia had another title. It was not against this practice of conceding land that Girault inveighed; but he critised the court's laxity in not invest- igating the past of these individuals, who were making their homes in the community, to learn if they were British agents, and its neglect to demand of them the oath of allegiance to the United States and Virginia. He urged the justices to compel all strangers to take this oath immediately or he would be obliged to report them to the authorities. He advised them to avoid such a neces- sity, for their position was very critical, since they had many enemies.^ Girault gave his attention to the execution of the law in other particulars. He forbade the justices to arrest parties without proper hearing, and tried to help them keep the peace by persuad- ing Montgomery to permit the civil authorities to use the military prison so that their commands would be obeyed, a privilege which Montgomery later withdrew.^ That protection from military oppression, which might have been expected, was not given by the deputy county lieutenant appointed by Todd. Perhaps it was too much to expect that Winston should succeed where Todd had failed, but at least some opposition to the military exactions should have been attempted. The character of Richard Winston is a difficult one to read, for our knowledge of him depends on the pen pictures drawn by his enemies, and these are not flattering. He came originally from Virginia and had been in Illinois since early in the British period.* With other traders he had suffered losses 1 Kas. Rec, Land Grants. 2 Kas. Rec, Letters. Original MS. ^Kas. Rec, Letters. Original MSS.; Winston to Todd, October 24, 1780, Va. Stale Papers, i., 381. *He was one of the original members of the Indiana Co., Va. State Papers, vi., 4. See Jenning's Journal, March 10, 1766, Pennsylvania Hist. Soc.'s lib. ILLINOIS HISTORICAL COLLECTIONS in the Pontiac war. With Kennedy he was an agent for George Morgan, and had won the favor of Clark at the time of the occu- pation of Kaskaskia. His nature seems to have been one to inspire distrust rather than confidence, for he was suspected of dishonesty by every man with whom he had business or politi- cal relations. His partner Kennedy suspected him of having sold the cargo of a batteau at New Orleans and pocketed the proceeds.^ Murray feared that he was going to play the rogue at one time.^ Todd left the peltry fund which he had obtained in St. Louis in charge of Winston and Montgomery, and both these financial geniuses made the gravest accusations of dishonesty against each other.^ From the fall of 1779 till January 1783, Winston was on ac- count of his position one of the chief men in the Illinois, and in many ways he might have promoted a happier feeling between the French and the Americans. Instead he seems to have done all in his power to intensify the mutual distrust, at least such was the opinion of the best citizens.^ He had managed to hold together that party which had formerly regarded himself, Murray, and Bentley, as leaders against Rocheblave ; and under him this party had gained some accessions.* Certainly later the clerk of the court, Carbonneaux, became one of his adherents, as did the important Langlois family and also Winston's successor in the county lieutenancy, Timothe de Monbreun. But the real leaders of the French inhabitants were decidedly hostile to him, and he counted among his opponents some of those who had ardently desired American supremacy and had joyfully welcomed Clark. From the sources of information we can judge that Winston's affiliations were always shifting, and it is difficult to find just where he stood at any one time. That he was jealous of the power wielded by the military is unquestionable, but it seems to have * Kas. Rec, Court Record. 'Murray to Bentley, May 25, 1777, Mich. Pio. and Hist. Col., xix., 418. The date is wrongly given as 1779. ' Mason y Winston to Todd, October 24, 1780, Va. State Papers, i., 380; Dodge to Clark, March 3, 1783, Dr. MSS., 52J78. ' I have failed to find any such commission, He was always called captain, but the title was not received for service under Clark, as his name does not appear in any list of officers and troops serving in the West. (English, Conquest of the Northwest, ii., 1060 «^ seq.) Colonel Davies wrote to the governor of Virginia on June 22, 1782, that he did not think there were any troops in the Illinois or had been for some time. Va. Stale Papers, iii., 198. 'Israel Dodge was the father of Hon. Henry Dodge, whose life is so closely connected with the history of the West. ILLINOIS HISTORICAL COLLECTIONS ing inspired solely by personal dislike and enmity to individuals; for he excepted Clark from his general condemnation. On April 29th John Dodge issued an order, which he signed as captain commandant, to his brother Israel to take a party and bring Richard Winston before him to give an account of his con- duct. Even if he had held a military commission such an order was entirely illegal; and his next act was still more so, for he ordered that Winston should be imprisoned because he, "has been guilty of treasonable expressions Against the State and offi- cer who have the hon'' of wearing Commission in the Service of their Country; damned them all a set of thieves and Robers and only come to the Country for that purpose, The above Crime being proved before, i now deliver him to you prisoner and re- quest of you to Keep him in surety until he may be brought to justice." ^ The day of the arrest Mrs. Winston appealed to Antoine Bau- vais to assemble the court and summon the Dodges to appear and justify their actions. The court met at one o'clock the same day but refused to take cognizance of the affair, probably being willing that their two enemies should fight it out. On the next day Dodge wrote to Joseph Labuxiere, state's attorney, and asked for his co-operation. Labuxiere's training was not such as fitted him to oppose the military power. He had served under France and Spain where orders from the captain in command were obeyed, so he took up the case; but he protested that he would not hold himself responsible to the state or to Winston for the events and prejudice which might result therefrom. He said, however, that he was bound to give information to the council of Virginia and to General Clark and that he had been unable to persuade the court to draw up the process against Winston without a deposit of money, which neither he nor Dodge possessed. Labuxiere sum- moned the witnesses, who were named by Dodge, to appear before him. The first was Michel Perrault, captain of infantry, who testified that he wrote to Winston for some supplies belonging * The charge against Winston was true, for the French themselves said the same thing in a memorial to the Virginia Commissioners. Menard Col., Tard. Papers. INTRODUCTION to the state and that Winston sent part of them; that later the witness, being reduced to "indigence," had sold some of these, and Winston had then said to him that he was following in the footsteps of his superiors who were a band of thieves. The next witness was Major John Williams, former captain of infantry. He said that he had frequently heard Winston swear at all the officers of the lUinois troops except General Clark and declare that they had come to the country only to rob and steal. The third witness was Henry Smith, who called himself improperly a former captain in the Illinois battalion.^ He repeated the testi- mony of Williams. Labuxiere ended his account of the testi- mony with a statement that he was aware that he had exceeded his duties in thus summoning witnesses before him, but that he thought the importance of the case demanded his action. While Winston remained in prison, some friend or his wife obtained possession of John Todd's record-book, which was pro- bably in Winston's house as it was the property of the county lieutenant, and entered therein this protest: "Kaskaskia in the Illinois 29th april 1782. Eighty and touce. This day 10 oClock a:m I was Taken out of my house by Isreal Dodge on an order Given by Jno. Dodge in despite of the Civil authorotyDisregardled the Laws and on ther Malitious acusation of Jhn Williams and michel perault as may appear by their deposition I was Confined By Tyranick military force without making any Legal aplica- tion to the Civil Magistrates. 30th the attorney for the State La Buxiere presented a petition to the Court against Richard Winston State prisonner in their Custody the Contents of which he (the attorney for the State) ought to heave Communicated to me or my attorney if any I had."^ Winston was detained in prison for sixteen days, and after his release persuaded the justices to hear the case in which the civil authority had been so defied. On June the 30th they ordered * In 1781, when he was among those prosecuted by the court for killing cattle (see supra, p cvi.) he testified that he was a laborer. His name does not appear on any list of Clark's troops. 2 John Todd's Record-Book in the library of the Cliicago Hist. Soc. This protest is not in Winstons' handwriting. I have quoted it in full in order to correct several mistakes wliich are to be found in the printed version in Chi. Hist. Soc.'s Collections, iv., 289. ILLINOIS HISTORICAL COLLECTIONS Labuxiere to inform them of the witnesses whom he had interro- gated and to send them a list of questions which he desired to have asked, for they wished to end the affair, seeing that Winston intended to leave the country. The records do not contain an account of the proceedings before the court, but Winston was acquitted. After this interesting episode we lose all sight of Dodge for a few months, and when he reappears he has won for himself the mastery of the village of Kaskaskia. The steps by which he acquired his power are unknown ; but the acts of Winston dvuring the last months of 1782 no doubt prepared the way.^ Winston had good reasons for feeling that the court had not given him cordial support in his contest for the rights of the civil against the military power, and it was probably due to his influence that a new election of magistrates for Kaskaskia was held shortly after his release. On the sixteenth of June, an assembly of the people of Prairie du Rocher was held in the house of J. Bte. Barbau, commandant of the militia, to elect magistrates to fill the places of Barbau and Louvieres, who had been magistrates "during the time fixed by the code of government." They had held their positions since June, 1779. The two newly elected justices were Aime Compte and J. Bte. Jacquemain.* On the fifteenth of September Kaskaskia held a new election, only twenty- one men exercising the franchise, and six new magistrates were chosen — J. Bte. Bauvais, Louis Brazeau, Franfois Charleville, Franfois Corset, Vitale Bauvais, and Antoine Morin ; but Winston issued a certificate of election to only the first four, to whom he also wrote a letter of congratulation.^ It is to be noticed that Vitale Bauvais and Morin were both members of the former court, which had refused to support Win- ston against Dodge. In spite of the act of the county heutenant * The papers in the foregoing narrative may be found in the following places. In the Papers of Old Congress, xlviii., 4, are the two orders for arrest and imprisonment of Winston and Mrs. Winston's appeal with the call for the court on April 29. The correspondence between Dodge and Labuxiere with the depositions of the witnesses and the court's letter to Labuxiere belong to the Cahokia Records in Chicago Hist. Library. ' Kas. Rec, Pol. Papers. ' Kas. Rec, Pol. Papers and Letters. INTRODUCTION the other justices gave their support to their rejected associates and Vitale Bauvais was made president, a position he held as long as the court continued to sit. Beaten once again at the election, Winston determined to use other means of asserting his authority, but he allowed at least two months to pass before proceeding to the final act. That act was decisive. Towards the end of November, he posted on the church door a notice abolishing the court of the district of Kaskaskia. Thus by act of the civil authority, and not by that of the military, the court of Kaskaskia came to an end. From this date until June, 1787, no bench of justices held sessions in that village.' Winston himself had decided to go to Virginia. He wished to obtain justice against John Dodge, to petition for the remodehng of the government, and to recover the money which he had ad- vanced to the state. His loans to Virginia had been considerable and he found himself reduced from affluence to extreme poverty by his support of the American cause. One of the officials of the court, the clerk Francois Carbonneaux, had supported Winston in his action and was to accompany him to Virginia. On Decem- ber 3d, they persuaded a few Kaskaskians to appoint them their agents either to Virginia or to Congress for the above pur- poses. The signatures to this document reveal the strength of the party of the county lieutenant. Of the signers seven were Americans and ten were Frenchmen, of the latter five only could write and but one, Pierre Langlois, had held the position of justice of the peace.' 1 The existence of the court can be proved up to November isth. {Kas. Rec, Petitions. That it was set aside by a placard on the church door is pro /ed by a letter of the two Bau- vais and Corset in 1787. {Kas. Rec, Letters) Winston is unquestionably the one who set the court aside, for in a memorial to the Va. commissioners, the French party wrote that he had "annulled, set aside, and revoked the good law which you have given us for the surety of the country." Menard Col., Tard. Papers. 2 From now on the petitions to Congress are numerous and it is necessary to depend upon them for much of the narrative, since the local material has been lost or destroyed. These petitions must be used with caution, for they emanate from different parties in the Illinois and their value can only be estimated after a careful analysis of their contents to determine who were the petitioners. First there was the party of Winston. The first petition was carried by Winston and Carbonneaux, but since Winston died in Richmond in 1784 {Dr. MSS., 4J37), Carbonneaux was the representative of this party at Congress. They wanted to remodel the existing government and to make Illinois into one district under a county lieutenant having sufficient power to maintain order. They had a contempt for the French, for their lack of intelligence, and for their failure to rule themselves. (Papers of Old Cong.f'pcxx., 453.) The second party was that of John Dodge, who was more success- ILLINOIS HISTORICAL COLLECTIONS Before leaving the country Winston made provision for the maintenance of the county government by the appointment, on January 8th, of Jacques Timothe Boucher Sieur de Monbreun, as his successor, but this he did not make pubHc till January 2ist, at which time he confirmed the sale of the ofl&ce of notary- clerk by Carbonneaux to Pierre Langlois.^ Before the arrange- ments for his departure were completed, the announcement of the arrival of the commissioners for western affairs, sent by the state of Virginia, had reached Kaskaskia, so that he had a fiuther incentive for haste. Although, for lack of other name, it is necessary to continue calling the government in the Illinois, the county of Illinois, legally the county had ended twelve months before Winston appointed his successor. It had been established by the act of the Virginia assembly in December, 1778, and was to last for one year and thereafter until the end of the next session of the assembly. It was renewed in May, 1780, and continued for a similar period.* ful by means of intimidation in winning the support of the French people, including the deputy lieutenant left by Winston, and to whom the Americans looked for leadership. He was not, however, able to win over the prominent members of the French party, who remained distinctly hostile. Dodge and his followers advocated the establishment of IlUnois as a separate state, being no doubt influenced by the similar demand of the county of Ken- tucky. Their petition was carried by Pentecoste in 1784. (Papers of Old Cong., xxx., 435, 463.) The third party was that of the French, led by Barbau, the Bauvais, Janis, and others. The people of Cahokia may be regarded as belonging to this party. The mem- bers were devoted to the court and the French law modified by the Virginia enactments, as they had been established by John Todd; but the party had no objection to changes in the civil organization which might be made by Congress; in fact its members demanded a government from Congress. Their petitions were carried by Major Lebrun and Mr. Parker. The writers of their communications were the clerks of the courts. (Papers of Old Cong., xli., 113; this vol., p. 567, 581.) The fourth set of petitions were written by a faction of the French party which remained irreconcilable after the attempted settlement by Colonel Harmar in 1787 and continued to protest against Dodge. (See post p. xxxvii.) The leaders were a priest, Father de la Valiniere, and the clerk of the court, Pierre Langlois, both of whom wTote the petitions. Their papers contain information of value as they conserve the older issues of the French party. (Papers of Old Cong., xlvui., 13, 19, 89.) The fifth set of petitions were of a very different character. They are those signed by Tardiveau, whose purpose was to gain from Congress concessions of land for all the French and Ameri- cans in the Illinois. He had persuaded members of all parties to sign agreements with him to pay him one tenth of the land thus obtained for his trouble. His petitions contain few details and statements of fact, since he could not afford to prejudice Congress against any of his clients. They are very wordy and full of flowery phrases and in proportion to their length contain little of value. He had obtained copies of all the important memori- als and papers in the Kaskaskia records and from these he drew his information ; but since the copies he used are still in existence, they furnish better evidence than his interpre- tation of them. (See post, p. ciii. Tardiveau's petitions are in Papers of Old Cong., xlviii., no et seg.) • Memorial of Timothe de Monbreun, Va. State Lib.;] Kas. Rec, Court Record, pt. ii., fols ». S- *Hening, Statutes at Large, Lx., 555; x., 308; this vol., p.p. INTRODUCTION At the next session there was an attempt to have the act continued, but without success.* On the fifth of January, 1782, the general assembly adjourned and, "the statutory organization of Illinois expired" and from that time there was no government resting on positive provisions of law in the Illinois country, until Governor St. Clair inaugurated the county of St. Clair in 1790.^ The reason for this action of the legislature of Virginia is to be found in the negotiations with the United States in regard to the cession of this territory. A bill to that effect was passed by the assembly as early as January 2, 1781; but the business dragged through several sessions of the United States Congress, and the cession was not consummated until March i, 1784.' As is well known, it was not until 1787 that Congress passed an effective law regulating the government in the Northwest and not until the spring of 1790 that the governor appointed under that act reached the French settlements, so that during the period of eight years the people of the American Bottom were left to them- selves to settle the problem of government as best they could. After repeated petitions from the West and many accusations against officers, Virginia determined in the year 1782 to send a board of commissioners to these regions to investigate the claims against her and the whole question of the finances of the Western army. The accounts and bills as they had come to Virginia were greatly confused; for Montgomery, George, and other officers had made drafts without authority, and the amounts appeared large and were drawn for specie, so that fraud was suspected.* The commissioners did not start for the West until October. They sent from Lincoln county on December 4th a notice of their appointment and powers to Kaskaskia and Vincennes and ^Jour. House oj Del., Va., Oct. Sess., 1781: Boggess, Immigration into Illinois (thesis in MS). *See Boyd, "The County of Illinois," in Amer. Hist. Rev., iv., No. 4, p. 625- ^ Jour, of Cong., viii., 199, 203, 253; ix., 47 et seq.; Heomg, Statutes at Large, ^., 571 et seq. * Montgomery was authorized by Clark to draw on him and the treasury of Virginia; but the p)eople preferred drafts on Pollock in New Orleans. These Montgomery was forced to give and justified his action before a court of inquiry in 17S1. Va. State Papers, iii., 433. See also iii., 56, and instructions and letter of Governor Harrison, Dr. MSS., 46J69, 72. ILLINOIS HISTORICAL COLLECTIONS requested that word be sent to Cahokia and St. Louis. A meeting at the Falls of the Ohio was set for January i5th.i On arriving at the appointed place of meeting, the commis- sioners found no one. They suspected that Clark and his officers were conspiring to keep the French representatives from them, for they learned that the clerk of Kaskaskia, Carbonneaux, and the delegates from Vincennes had arrived at the Falls and been sent away.' Whether their suspicions were correct or not it is impossible to say. If correct, the attempt was not successful; for the commissioners were overtaken at Logan in the spring by Winston and Carbonneaux. The latter made an accusation of ignorance and neglect of duty against the justices of Kaskaskia. He also recommended a stronger government for the country and said that some persons were setting themselves up as lords of the land. The commissioners believed that he represented the better elements of his village, instead of a minority as was the case. Winston did not make any deposition at this time. He accompanied the commissioners to Richmond, where he died in great poverty in the year 1784.' Winston and Carbonneaux were not the only ones to carry memorials to the commissioners. On March ist, the members of the French party sent off a ten-page petition concerning the affairs in the lUinois, in which, although they tried to confine themselves to claims for payments, as they had been instructed to do by the commissioners, they recur now and then to the hard- ships which they had endured. At about the same time another memorial, signed by most of the men opposed to Winston, was forwarded and in this was given in detail an account of the double 1 Va. Slate Papers, iii., 327, 389; Kas. Rec, Notice and Letter . 2 In his journal Colonel Fleming, one of the commissioners, is very outspoken about his suspicions. {Dr. MSS., 22269). From the same journal it is evident that Carbonneaux and the delegates from Vincennes were at the Falls in time for the meeting on January 15. Winston did not start from Kaskaskia till the 21st of the month and the delegate from Caho- kia, Fr. Trottier, left sometime in March. (See post, p. 145). All the representatives were at Fort Nelson on March 30th and wrote a letter to Clark from there. (Dr. MSS., S0J80). 3 The deposition of Carbonneaux is obtciined from an extract sent by Walker Daniel to the commissioners February 3d in £>r. MSS., 60 J3 anfi Va. State Papers, iii., ^30; notice of Wins- ton's death in I>r. 3/55., 4J37. Iregretthat I have been unable to see the journal of this board of commissioners, which is in the Va. State Lib. Dr. Eckenrode, the state archivist, has fur- nished me with a few extracts from it, but there was no way of finding out what would be of use to me except by having the three hundred odd pages copied and this I was unable to have done. INTRODUCTION dealing of the county lieutenant, who had told the military officers that the French must be ruled by the bayonet while he was urging the French to oppose further levies; and the memorialists further declared that Winston was responsible for the lawless condition which prevailed in the country.^ Those who had given freely of their goods for the support of the American cause were never to receive full recompense for their services. Most of the bills which were presented were finally paid by Virginia, but not until they had passed into the hands of speculators such as Bentley and Dodge, who had given to the original holders a very small percentage of the face value of the claims. Later the United States attempted to compensate the French people for the losses they had suffered by granting them concessions of land; but the delays were so long, their needs so pressing, and their foresight so poor that the men to whom the grants were made sold them for a song to land-jobbers and speculators, long before the difficult land question of Illinois was finally settled a generation after the occurrence of the events for which the French and others had ruined themselves.^ Between the appearance of the Virginia commissioners in January, 1783, and that of Colonel Harmar in 1787, the Illinois people were almost completely isolated. On account of the de- struction of the documents which would have furnished informa- tion on the events of the period, the view we obtain of the men and affairs is a very hazy one. This, however, is evident. The experience of the Kaskaskians during the years of the American occupation had unfitted them to rise to the dignity of self-govern- ment and the anarchy only grew worse; whereas in Cahokia the coiut founded by Todd remained in power and was able to pre- serve order. The difference in the destinies of the two villages can only be ascribed to the presence of the turbulent frontiersmen * They are both in the Menard Col., Tard. Papers, the first an original MS., the other a copy by the clerk. • ATner. State Papers, Pub. Laiid, passim; Record-Books at Chester, 111. When the United States accepted the cession of the Northwest from Virginia, it was agreed to reimburse the latter for all claims for necessary supplies to Clark, provided they were allowed before Sep- tember 24, 1788. Many bills were presented and allowed before that time (Winsor, West- ward Movement, 247); but many still remained in the hands of the French unpaid. (Smith, St. Clair Papers, ii., 168.) ILLINOIS HISTORICAL COLLECTIONS in the southern village; for the inhabitants of the villages were of the same origin, and their experience had been practically identical except for the few years of the Virginia period. We have already seen that many traders came into the lUinois in the spring of 1779 and others had followed them. Besides these several soldiers of the Virginia line made permanent settle- ments in the neighborhood. In the summer of 1779, Montgomery permitted a number of families to settle, "up the creek about thirty miles," and this probably marks the date of the beginning of Bellefontaine, the first village of Americans north of the Ohio River.* In 1781, after the abandonment of Fort Jefferson, several families which had estabHshed themselves around that post came to Kaskaskia and some two years later made a stockade at Grand Ruisseau, which was under the bluffs at the point where the road from Cahokia to Kaskaskia mounts the hills.' The leading men in these settlements were James Moore, Henry and Nicolas Smith, Shadrach Bond, and Robert Watts. The number of Americans scattered on the bluffs, in the villages, and on the bottom was over one hundred, most of whom were in or around Kaskaskia.' If order was to be maintained, it was essential that these scattered communities should be brought into some relations with the courts of the French villages. On July 9, 1782, while the the justices were still holding sessions, foiuteen of the Americans at Bellefontaine petitioned the court at Kaskaskia that they be permitted to maintain a subordinate court in their village and that either some one should be appointed justice of the peace or they should be allowed to elect one from among themselves to that office; and they expressed a desire to live under the laws of the county and to be united with the other villages. This petition was granted and an election was held, in which Nicolas Smith received ten votes and James Garretson five. The certificate of election * Montgomery to Clark, Dr. MSS., 49J74. * Reynold, My Own Times, 59. * In a contract with Tardiveau in the summer of that year, there are 130 signatures of Americans. INTRODUCTION was written'by James Moore, who signed himself captain.* The organization of the village of Grand Ruisseau did not take place till the year 1786. Since it was in the district of Cahokia, the petition was sent to the court sitting in the village of that name. On January 2d the Americans were permitted to elect a comman- dant, subordinate to the commandant of Cahokia, and to name arbitrators to decide disputes, but they were to remain subject to the jurisdiction of the court. Robert Watts was appointed commandant.' It was not until the next year that Grand Ruisseau received a justice ; but, since the permission to elect such an officer was dependent on events which occurred in Kaskaskia, the account will be postponed to the proper place.' The submissiveness of the Americans to the Kaskaskia comt did not last long and in their attempt to gain the control of the government, after the abolition of that body by Winston, confusion and disorder reached a climax; and anarchy was made more complete by the drunkenness, insubordination, and lawlessness of the French coureur de hois and the voyageurs. Affairs were further compUcated by the presence of British merchants, who had rushed into the region to capture the Indian trade. The Michillimackinac company, which had a store at Cahokia, was particularly conspicuous in this competition. The British were able to undersell the inhabitants in their commerce with the Indians and, since this deprived the villagers of a trade which they thought rightfully belonged to them, it was the cause of several complaints.* All the British who appeared in the West were not simply traders. The British government, which looked with covetous eyes on these rich lands, sent agents into all parts to report on the disposition of the people. Some of these, al- though not authorized by their government, openly urged the French people to unite with England, an issue out of their » Kas. Rec, Pol. Papers. ' See post, p. 217. ' See post, p. cxlviii. * Papers oj Old Cong., mx., 433, xl., 113; Smith, St. Clair Papers, ii., 174; Edgar to Clark, Dr. MSS., ssJsS- ILLINOIS HISTORICAL COLLECTIONS troubles which would not have been altogether unacceptable to the Illinoisans.^ Over this turbulent population the Canadian nobleman, Jac- ques Timothe Boucher Sieur de Monbreun, had been appointed governor by Winston. He had been born in Boucherville about thirty-six years before. While still a young man, he had sought his fortune in the West and established himself at Vincennes. He there won the confidence of Lieutenant Governor Abbott during the latter's short stay in the village and was employed by him as a confidential messenger. ^ He had readily united with the people of Vincennes in acknowledging the sovereignty of Vir- ginia, influenced by the persuasive eloquence of Father Gibault. He was appointed lieutenant in the militia of the village, and was one of the officers captured by Hamilton, when the British retook the place.^ De Monbreun later enlisted in the Illinois battalion and received the commission of Heutenant, a position he held with honor until the fall of 1782, when the necessities of his family compelled him to ask for his discharge and pay. His letters to Clark show him to have been a man proud of his lineage and with a sensitiveness in matters of honor.* Exactly what his party afliliations were, previous to his ap- pointment, it is impossible to say. He was connected by marriage with the Bauvais family. He ran for oflace in 1782 and received only one vote. His appointment as deputy county lieutenant would indicate a close relation to Winston, particularly as the other ofl&cial appointed at this time, the clerk Langlois, is known to have been of that party; yet his service in the army would show some association with the military party, with which Winston does not appear to have been on the best of terms; and his later actions connect him closely with John Dodge. Every- 1 Papers of Old Cong., xli., 113; Smith, St. Clair Papers, ii., loi; this vol., p. 571; Mc- Laughlin, "The Western Posts and the British Debts," in Annual Report of Amer. Hist. Assn., 1894, p. 413; Winsor, Westward Movement, 373; Green, Spanish Conspiracy, ch. xviii. ^Can. Archives, B., 122, p. 103; Tanguay, Diet. Genealogique, i., 71, 73, ii., 383, 388. ^Can. Archives, B., 122, p. 234. * Letters and certificates of De Monbreun, Dr. MSS., S1J24-26; 50J70. INTRODUCTION thing considered, it is probable that his appointment was not favored by the French party. On January 8, 1783, Winston issued to him the commission of deputy county lieutenant and gave him the following instruc- tions for his guidance : " On every occasion that shall offer to claim 3'our protection in behalf of the people as well as to support the cause of the States, you will act in concert with the oldest inhabitants in order to consider jointly with them the most proper measures to take concerning the affairs which may arise. " For your direction I cannot direct you to a better guide than the 'Code of Laws and Articles of Right' which his Excellency the Governor has sent and which ought to be in the office of the court. These you will consult from time to time and mitigate as much as possible by the old customs and usages of this country. By adding to this your knowledge of jurisprudence you cannot fall into error. . . . "As there is nothing else which occurs to me to call to your attention, I rely on your prudence and experience as to unforeseen cases. I wish for you a better success in preserving peace than I have had."' The wish was almost ironical, for the conditions in Kaskaskia were growng steadily worse rather than better, and for this Win- ston was in part to blame. On account of the discontinuance of the sessions of the court through Winston's act, the deputy county lieutenant no longer had the moral support of the best citizens for the preservation of order. For the next few years De Monbreun was generally the only judge and at times he is satisfied to sign this less pretentious title to his name; but the petitions were addressed to him as county lieutenant. It is evident that the government in Kaskaskia had reverted to the older French type, wherein executive and judicial functions were exercised by one man. That there was a great deal of judicial business carried on is proved by the numerous petitions and other legal documents. The notary, Langlois, also found something to do, as is shown by the inventory of instruments drawn up by 1 Enclosure in Memorial oj Timolhe de Monbreun, Va. State Lib. ILLINOIS HISTORICAL COLLECTIONS him. In 1783 there were indexed eighty-five titles and in the next year, eighty-seven.^ In the year 1784, for a short time, Aimd Compte, the last president of the former court, reappeared and styled himself, "judge in the village and district of Kaskaskia". In a petition of June 16, there is mention of "De Monbreun, the late commandant". It is possible that this marks some pohtical upheaval which for a time overthrew the deputy Ueutenant. This may have been due to the assertion of the rights of the district against the village, for Aime Compte was from Prairie du Rocher; but if that is the explanation, the revolution was not successful, for De Monbreun's activities as governor and judge can be traced up to the latter half of the year 1786.^ Besides attending to the legal afifairs of the district, De Mon- breun managed to maintain peaceful relations with the Indians. Raids were becoming more frequent and dangerous during these years. The county lieutenant held several conferences with the savages as did the commandants of the other villages. He spent the public money and private funds, furnished by himself and the miUtia officers, to satisfy their demands. By these means a partial treaty was effected, which in a measure protected the lUinois countr)'.^ He was also called upon to maintain the honor of the United State} against the infringement of her rights by Spain. In 1785 two deserters from St. Louis took refuge in American Illinois. Cruzat, the commandant of St. Louis, seized these upon the soil of the United States and carried them back to the Spanish village. The action of De Monbreun in the case shows him at his best. In a very dignified letter, dated October 12th, he pointed out to the Spanish governor of New Orleans the illegality of the act and the insult which had been offered to the United States.* On the whole, however, the relations between the officials of the Spanish possessions and those of the lUinois were most friendly. 1 Kas. Rec, Inventory. ^ Kas. Rec, PelUions; Amer. State Papers, Pub. Lands, n., 206. 3 Memorial of De Monbreun, Va. State Lib.; Mason, John Todd's Record-Book, 313- In this last tiie date has been transcribed incorrectly or some other error has been made, for De Monbreun had no civil office in February, 1782. * Memorial of De Monbreun, Va. State Lib. INTRODUCTION Many letters passed between them on a variety of subjects, generally of a legal character. In fact, it was the policy of Spain at this time to propitiate the French and the Americans of the West, in order to persuade them either to revolt against the United States and unite with the Spanish colonies or to emigrate to the western bank. There has been preserved an interesting letter, the motive of which must be found in this policy. Shortly before the episode of the Spanish deserters, Cruzat wrote to De Monbreun that the merchants of American Illinois might have the protection of the Spanish convoy in sending down their mer- chandise to New Orleans.^ Where De Monbreun failed in his government was where Todd and Winston had failed before him, namely in preserving peace between the factions. In his memorial to Virginia he has re- corded the policy which he adopted, " in quieting the animosities between the French Natives and American Settlers." He writes: "Without troops to oppose the hostile designs of the savages, without any coercive means to keep under subjection a country where a number of restless spirits were exciting commotions and troubles, the greater circumspection and management became necessary, and the Commandant was induced to temporize with all parties in order to preserve tranquillity, peace, and harmony in the country."^ The temporizing of De Monbreun meant that he permitted the American settlers, who had found in John Dodge a leader of force and ability, to control the village. These men understood better than the French the anomalous position of Illinois — no longer a part of Virginia and not yet under the control of the United States — and took advantage of it. Many of them had obtained con- cessions of land from the court and many more from De Mon- breun, who was particularly free-handed in making grants.^ It is very probable that the Kaskaskia government was not strong enough to deny or limit such concessions. A good example of * Memorial oj De Monbreun, Va . State Lib . 2 Ibid. 3 Smith, Si. Clair Papers, ii., 169. ILLINOIS HISTORICAL COLLECTIONS the illegal occupation of land is offered by the case of this same John Dodge. He seized the old French fort on the bluffs, and fortified it with building materials and two cannon from the Jesuit building, known as Fort Clark, and was prepared from this vantage ground to defy what was left of the civil government in the village ; for the site commanded the defenseless community below.^ For this seizure of public property there was not the slightest authority, but no one dared to oppose the act. Dodge v/as so audacious and the fort so favorably situated that his influence was unquestioned in the village, and both the deputy county lieutenant and the people were compelled to do his bidding.^ ^•;. He was far more successful than Winston in building up a party among the French by persuasion and intimidation. One of the former judges, Nicolas Lachance, became his chief supporter, and several of the others appeared ready to follow his lead. From the glimpses we obtain of the French people, they appear to have acknowledged the supremacy of the strongest and to have cringed in a most unmanly manner before the energetic American, or as a writer to Congress at a later time says: "But seeing they could not give any information of their unfortunate condition and consequently obtain any redress, they began the most shame- full slaver}^, by flattering their Tyrant and serving him in the most humiliating manner."^ Dodge, in turn, bullied the people, struck them with his sword, insulted them, and fought with them.^ ^Papers of Old Cong., xlviii., 19; this vol., P- S^O- The occupation of the fort on the bluffs by Dodge caused the old fort in the Jesuit building, which was known as Fort Gage under the British and Fort Clark under the Virginians, to be forgotten, and the villagers came to speak of the former as the fort, so that men like Mann Butler and John Reynolds, coming later to Kaskaskia, supposed that it was the Fort Gage captured by Clark in 1778 and thus caused a controversy, curious if not very profitable, over the site of the fort and Clark's maneuvers. (Butler, Hist. oj. Kentucky, 52; Reynolds, Pioneer Hist., 72; for the history of controversy, see Winsor, Nar. and Crit. Hist., vi., 719, note i.) * Papers 0} Old Cong., xxx., 463; xlviii., 19. 3 Ibid, xlviii., 13. * The fullest information in regard to Dodge is contained in the petitions to Congress of the year 1787. These were written by that faction of the French party which remained un- reconciled after the visit to Kaskaskia of Colonel Harmar. (See post, p. cxxxvii.) The writers were Father de la Vahniere and the clerk, Pierre Langlois. They exhibit such hostility and animosity against Dodge that their testimony should be suspected, were not some of the facts mentioned by them supported by other witnesses. Governor St. Clair wrote in 1790 that: "The Illinois regiment being disbanded a set of men pretending the authority of Virginia, embodied themselves and a scene of general depdreation and plunder ensued." (Amer. State Papers, Pitb. Lands, i., 20.) The whole French party united on June 2, 1786, in a petition to Congress in which they made charges against Dodge similar to those of De INTRODUCTION The people found difficulty in making their condition known ; for Dodge was powerful and had many friends, so that his story was generally believed. He himself drew up a petition to Congress in June, 1784, asking that lUinois be created an independent state, and found seventeen French inhabitants to sign it, most of whom belonged to the least intelligent of the community ; eight were unable to sign their names, one was a woman, and of the other eight, only four had held office. They were not even all from Kaskaskia; one was an inhabitant of Vincennes, and the names of several of the others do not appear in any list of French inhabitants of the Illinois. The other signatures were those of Americans.^ The French party, a few months later, appointed Major Lebrun called Belcour to present their griev- ances to Congress. Petitions were prepared in both Cahokia and Kaskaskia, but Dodge " prophetsyed, concerning him, be certain he shall never bear the west coat that he asketh." This prophesy was fulfilled, for the bearer of the petitions was killed on his way east near the Falls of the Ohio.^ A copy of the peti- tion from Cahokia finally reached Congress, but not until it had been somewhat disguised and changed.' Dodge maintained his ascendency in the village until 1786, in which }'ear the inhabitants became thoroughly aroused and finally succeeded in overthrowing this representative of " Greek tyranny." The initial impetus to this action probably came from George Rogers Clark, who had always entertained a poor opinion of Dodge. In a letter he MTote to Congress in May, recommending that body to establish a government in the la Valiniere but without so many details. {Papers of Qld Cong., xli., 1 13 ; see post, p. cxxx) In the placard of Commissioner Janis (See post, p. 495) there is an unmistaJcable reference to the seizure of building material from Fort Clark. In the record of the court held by De Mon- breun the influence of Dodge is very e\'ident and that in a case mentioned by De la Valiniere. {Kas. Rec, Court Record). Several papers in a suit brought by Madame Bentley against Dodge, give witness of his violence. {Kas. Rec.) There should be added to these the succession of events which occurred after the departure of Dodge and his later attack on John Edgar. (See post, p. cxlii.) For these reasons it seems proper to accept the testimony of the leaders of the smaller faction as that which would have been given by the prominent Frenchmen at an earlier date, had they had occasion to write about the same events. ' Papers of Old Cong., xxx., 435. ' Ibid, xlviii., 19. ' See post, pp. 567 el seq. ILLINOIS HISTORICAL COLLECTIONS Illinois, he says that he had advised the French to revive their former magistracy.^ There is nothing to show, however, that any steps were taken in Kaskaskia at that time ; but an opportunity was afiforded shortly afterwards by the presence of Joseph Parker to send a communication to Congress.^ On the 2d of June a very earnest petition was drawn up asking for an immediate govern- ment, because of the wrongs the inhabitants were suffering from the British merchants, who threatened to take the country under the law of that nation, and who were supported by John Dodge and Nicolas Lachance. These last had made themselves com- mandants and were acting most tyrannically.^ With this petition they sent a copy of the one which had been written by the Caho- kians in 1784, but which had never reached its destination. This was now somewhat altered so as to give it the appearance of being also directed against Dodge.'* The petition from the French party was read in Congress on the 23d of August and caused that body to change its action, after it had supposed that two petitions from the French had already been considered. The first had been presented by Carbonneaux, former clerk and follower of Richard Winston, and had asked for some one with powers to govern;^ the second was the petition prepared by Dodge on June 22, 1784, which, being accompanied by a letter from the county lieutenant, De Monbreun, had an ofl&cial appearance. Action had been taken on these two in February and March, 1785, and it had been decided to send a commissioner to investigate titles, to have magistrates elected, and to reform the militia; but for some reason no commissioner was sent." On December 28, 1788, three years later, the secretary called the attention of Congress to this omission, but the needs, for which the commissioner was to have been appointed, had already 1 Papers of Old Cong., Ivi., 279. • I have found nothing concerning Parker. ' Papers 0/ Old Cong., xli., 113. ' See post, p. 569. • Papers oj Old Cong, xxx ,453. • Ibid, XXX, 431., 483 INTRODUCTION been supplied by the ordinance of 1787 and the appointment of Governor St. Clair.^ Upon the receipt of this third petition, Congress instructed its secretary to inform the inhabitants that " Congress have un- der their consideration the plan of a temporary government and that its adoption would not be longer protracted than the import- ance of the subject and a due regard to their interest may require." ^ In accordance with instructions the secretary sent the message, employing as messenger the same Parker by whom the Kaskaskians had sent their petition. During this critical period the French party received an impor- tant addition. For some years the only priest in the region had been Father Gibault, whose assistance to Clark has made his name so well known in the West. He had taken up his permanent residence in Vincennes, and therefore the churches in the American Bottom were neglected.^ Gibault had been sent by the bishop of Quebec, and his right to exercise his duties still rested on that earher appointment. But now the Catholic Church of the United States had received a head in the person of the Prefect- Apostolic John Carroll, whose jurisdiction was extended to the Mississippi valley. The first priest sent by him to this district was the wandering Carmelite, Father St. Pierre, who undertook the charge of the parish in Cahokia in 1785 and continued there until 1789.* Sometime in the summer of 1786 the Rev. Pierre Huet de la Valiniere arrived at Kaskaskia with an appointment as vicar general of the Illinois.^ He was the kind of man needed to draw the French out of the stupid timidity into which they had 1 Papers of Old Cong., clxxx., ii. 2 Journals oj Congress, iv., 688. ' Shea, Archbishop Carroll, 469. * Ibid, 272; this volume, pp.630, n. 78, 259, 269, 393. i Amer. Calh. Hist. Researches, New Ser., ii.. No. 3. In this magazine the editor, Mr Griffin, has published the most important papers on the life of De la Valiniere, \yhere may be found the various disputes between him and the other priests. It is impossible to dis- cuss them here, but Gibault claimed to be vicar general under his appointment by the bishop of Quebec and was unwilling to acknowledge the superiority of the new appointee. The matter was peaceably adjusted by the Canadian bishop withdrawing his jurisdiction from this region. (Shea, Archbishop Carroll, 466.) De la Valiniere entered into a dispute vrith Father St. Pierre also, but the latter was supported by the Cahokians, who appealed to the bishop of Quebec. ILLINOIS HISTORICAL COLLECTIONS fallen. By nature he was impulsive and erratic, but full of en- thusiasm for any cause to which he had given himself. In the year 1779 he had been expelled from Canada for his open espousal of the American cause ;^ later he came to the United States and served at Philadelphia and at New York. He was now sent to a region where his peculiar talents would have an immediate efifect, and, since the French regarded him as a representative of the United States, to which the Illinois now belonged, his advice carried great weight.^ It was undoubtedly his example and inspiration that encouraged the French to continue their resis- tance to the tyranny of Dodge. Before the return of the messenger who had carried their petition to Congress the French people had themselves taken steps to gain control of their civil government. They first brought about, in July, the appointment of Maturin Bouvet of St. Philippe as civil and criminal judge. On August 14th Timothe de Mon- breun, who had supported Dodge, resigned his ofl&ce of deputy county lieutenant and appointed in his place a man who had consistently supported the French party, Jean Baptiste Barbau of Prairie du Rocher.^ It is noticeable that neither of the two newly appointed officers was a Kaskaskian. Barbau was a man well advanced in years, when he was called upon to lead the French in their struggle for political Uberty. In 1746, when he married his first wife, he was over twenty-five, so that in the year 1786 he must have passed his sixty-fifth birthday. His parents were not Canadians, but had come directly from France to New Orleans, where he was probably born.^ The long expected reply from Congress was brought to Kas- kaskia by Joseph Parker in January, 1787. The people were eager to learn its contents, and sent in haste to Barbau at Prairie 1 Hald. to Bish. of Quebec, Can. Archives, B., 66, i6i. ''Shea, Archbishop Carroll, 14s; Amer. Cath. Hist. Researches, New Ser., ii.. No. 3. » Kas. Rec ., Petitions ; Memorial of De Monbreun, Va. State Lib . De Monbreun remained only a short time in Kaskaskia after laying down his office. The records show him still there in 1787, but after that he appears no more. He went to Tennessee and at an advanced age died in Nashville in 1826. He had accumulated considerable property which he left to his children. (Chester Probate Records, March 19, 1827, Randolph County.) * Marriage contract, Cah. Rec. in, Belleville, 111. INTRODUCTION du Rocher that he might come and open it. But the deputy county lieutenant being ill and unable to come gave his permis- sion to the clerk to read the communication to the inhabitants.^ There must have been some disappointment felt when they heard that the government for which they had so ardently hoped was not yet to be established, but was still to be determined upon. However, they had succeeded in communicating with Congress, which was some consolation. At almost the same time an emissary appeared from a different quarter. George Rogers Clark had, during the fall of the pre- vious year, led a force of Kentucky militiamen, without the au- thority of the United States, against the Indians in the Northwest territory. He then decided to garrison Vincennes, and now sent John Rice Jones to buy provisions in the Illinois, where some of the merchants had promised him assistance.^ The name of Clark had always been honored by the French, for they still remembered the kind but firm rule they had enjoyed during that year when he held not only the military but the civil authority. They were therefore easily persuaded that Clark and this agent represented the United States. Jones was well received and his purchases were guaranteed by a prominent American merchant, John Edgar, whose relations with the French were far more kindly than those of his fellow countrymen.^ Dodge, who had never forgiven Clark for his suspicions, and 1 The letter from Barbau is torn so that there remains of the date only the year and "anvier." Kas. Rec, Letters. 2 For the expedition of Clark see Winsor, Westward Movement, 275 et. seq.; Secret Jour- nals oj Cong., iv., 313, but see also pp. 301 et seq. 3 Papers oj Qld Cong., xlviii., 19. John Edgar was bom in Belfast, Ireland, of Scotch- Irish parents. l3uring the years 1772-1775, he commanded a British vessel on Lakes Huron and Erie. He then went into business at Detroit, where he was arrested on August 24, 1778, for corresponding with the Americans, and remained in prison until 1781, when he escaped. He had learned while in prison of the treasonable correspondence of the Vermonters with the British go\emment and by giving information concerning it won the confidence of Wash- ington, George Clinton, and Congress. In 1784 he went to Kaskaskia to establish himself in trade. The trying years which followed almost drove him to cross to the Spanish bank; but with the coming of Governor St. Clair conditions became better -and he was appointed to important positions under the new government. For twenty-five years he held the office of justice of the Court of Common Pleas. During this time he purchased many of the land claims of the French for a few dollars and in the course of years became the richest land owner of the American Bottom. In 1708 Congress voted him 2240 acres of land in considera- tion of his losses in Canada during the Revolutionary War. He died in 1S30. Roberts, Lije and Times of General John Edgar, Address in MS. to be printed in Transactions of IlL Hist. Soc, for 1907; Amcr. State Papers, Pub. Lands, passim; see post, p. cxlii. et seq. ILLINOIS HISTORICAL COLLECTIONS who, in this case, had right on his side, since Clark was acting in a most illegal manner in invading the territory of the United States, opposed the collection of supplies by Jones and was powerful enough to prevent any sales. Jones went to Vincennes, however, and returned with troops. The narrator's account of what then occurred is interesting. "Mr Jones seemed a fine gentleman who caused no hurt to any body, but entered in the above said fort on the hill occupied by John Dodge, he threatened him to cast him out from it if he continued to be con- trary to America, as he was before, he stood there some days with his troops, during which time the wheat had been delivered peaceably and no body has been hurted."* With the rising anger of the French and the promised assist- ance of Clark, Dodge began to feel that his position was becoming a dangerous one. He therefore collected his property and some- time in the spring crossed to the Spanish side, leaving a farmer to guard the fort and such of his possessions as he left there. With the departure of Dodge all difficulties were by no means overcome. Since the expected authority from Congress to form a government did not arrive, the people began to clamor for some immediate form of judiciary, and they naturally turned to the government which had been established by John Todd. They knew no other nor was there any semblance of legality to be found except in the revival of their former civil organization. The final decision to revive the court came from the people and not from the county lieutenant, who, however, when consulted gave his unqualified approval.^ The clamors of the Americans, who numbered over one hun- dred, were heeded in this new establishment and they were given the franchise. Unfortunately for the French party the new- comers were more familiar with the use of the ballot, and by con- centrating their votes were able to elect three of their own number to office. These were Henry Smith, John McElduflf , and Thomas Hughes. The other three candidates elected were Antoine * De la Valiniere ia Papers of Old Cong., xlviii., 19. ' Barbau to Langlois, May 2, Kas. Rec, Letters. INTRODUCTION Bauvais, Frangois Corset, and J. Bte. Bauvais.'^ These last had all held office before. Henry Smith was made president of the court. He was about fifty years old, and had come from Virginia to Illinois in 1780 and settled at Belief ontaine. The first session was held on June 5, 1787, probably without the presence of the French justices, who were not willing to admit Americans to the bench. At this session no business was trans- acted.^ On the 7th of July the French justices posted on the door of the church a memorial addressed to the people, in which they set forth their objections to serving on the same bench with the Americans. The chief difficulties they raised were the im- possibihty of the American and French judges understanding each other and the hopelessness of finding an interpreter capable of successfully performing his duties. The protest contained their definitive decision, and the two parties were compelled to separate. The result was that the Americans outside the village were turned adrift, and Bellefontaine, from this time, ceased to belong to the Kaskaskia district.^ An agreement was drawn up the day after the protest, in which the signers promised that the court should remain French as it had been constituted by John Todd, and that the Frenchmen receiving the next largest number of votes should be added to the list of judges. These were Vitale Bauvais, Nicolas Lachance, and Louis Brazeau. The number of signatures was not large, but the presence of John Edgar's name gave some promise that his influence would be thrown on the side of peace.* The presence of the three members of the 1 Certificate of election by Barbau, Kas. Rec. I prefer to explain the composition of the court as above rather than to regard it as the result of agreement, because tne protest of the French justices, noted below, would have been made before rather than after the elec- tion, if there had been any agreement to divide the court betwern'the two classes of inhabi ants. "Mason, John Todd's Record-Book, 30S; Kas., Rec, Petitions. The government thus revived is probably the one to which Colonel Harmar refers, when he writes: "There have been some imposters before Congress particularly one Parker, a whining, canting Methodist, a kind of would be governor." (Smith, St. Clair Papers, ii., 35.). In a petition to Congress written by Tardiveau, who favored the American party in the Illinois, it is said: _ "That a simple report of a committee of Congress recommending the situation of the Illinois country has been by some designing persons palmed upon them for a frame of government actually established." Papers of Old Cong., xlviii., 209. * See post, p. cxhnii.; In Mason, John Todd's Record-Book, 312, there appears a jury trial attended by several Americans from Bellefontaine. They were probably called in on account of an insufficiency of Americans in the village to form a jury. ♦ Both papers in Kas. Rec. The record of the sessions of this court may be found in the back of John Todd's Record-Book, 308 et seq. ILLINOIS HISTORICAL COLLECTIONS Bauvais family among the justices may be explained by the fact that few important French families had remained in Kaskaskia during these trying years, for the majority had preferred to seek refuge under the Spanish government. The question of the court had hardly been settled, when Col- onel Harmar, who commanded in the Northwest, appeared in the village with some United States troops. He had been sent to the Illinois to make a general inspection of conditions, particu- larly to put an end to the anarchy at Vincennes due to Clark's garrison, and arrived at Kaskaskia on the 17th of August.* He was accompanied by Barth^Iemi Tardiveau, a French mercantile adventurer, who had had relations with the Kentucky separa- tists ^ and was a personal friend of John Dodge, with whose bro- ther he had lived at the Falls of the Ohio.^ Tardiveau had very little knowledge of the conditions existing in the Illinois other than what he had learned from the Dodges; but Harmar was persuaded that he was the best informed man in the country and made him his interpreter and chief adviser.* Dodge returned to his fort above Kaskaskia where he entertained the colonel, whose associates from this time were almost exclusively members of the Dodge party. Even after Harmar had visited the orderly village of Cahokia, his opinion of the French still remained some- what affected by the influence of these men, so that he reported : " I have to remark that all these people are entirely unacquainted with what the Americans call liberty. Trial by jury etc. they are strangers to. A commandant with a few troops to give them 1 Smith, St. Clair Papers, ii., 22, note, 30 et seq. 2 Roosevelt, Winning of the West, pt. v., ch. i. I have found several notices of Tardiveau to prove his importance in the development of the West, but such notices are so disconnected that almost not&ng can be said of his life. He lived for a time in Holland and was later engaged in tlie fur trade at Louisville, before 1786. His influence with Governor St. Clair was as great as with Harmar, and he was appointed colonel of militia and judge of probate of St. Clair County. (Smith, St. Clair Papers, n., 165.) He evidently did not remain long on the American side, for he was shortly afterwards at New Madrid and engaged in the Mississippi trade with Pierre Menard and others. This enterprise failed. {Menard Col.,Tard. Papers.) In 1793. he was associated with Genet's scheme and was appointed chief interpreter. He died before 1800. ' Papers of Old Cong., xlviii., 13. * Smith, Si. Clair Papers, ii., 31, 35. INTRODUCTION orders is the best form of Igovernment for them ; it is what they have been accustomed to." * Although the majority of the French were ready to accept without question any disposition that; .might be made of them, some members of their party were by no means satisfied with the course of events. The leader of this faction was the Vij:ar General Huet de la Valiniere. His most important follower was the clerk, Pierre Langlois, who had been an adherent of Richard Winston and was an irreconcilable enemy of John Dodge. The priest, however, had lost all influence over the French by his own tyrannical methods. His was a nature to make enemies, and during the past year by his close adherence to the canonical law and his harsh and personal attacks in his sermons against individ- uals he had managed to stir up every community of the American Bottom against him.^ He and his associates were not wiUing to give up the old issues against the Americans, and were particularly exasperated that Tardiveau, a friend of John Dodge, should be the spokesman for the villagers ; for said they, " that frenchman who speaketh easily the English language is come lately here with Col. Harmar whom he inspired with sentiments very dififerent from those which we could expect from a gentleman in his place. He deceived him in their way as he was himself deceived. He made him stay, live and dwell only in the houses of friends of Dodge, he accompanied him everywhere like his interpreter, but he could not show him the truth being himself ignorant of it, he gave allways an evil idea to every word proceeding from those who Dodge thought to be his enemies." ' Tardiveau could not ignore this attack and declared that Langlois was opposed to any change in the regulations made by Todd. To justify himself Langlois, accompanied by the priest, presented himself before Colonel Harmar and said : " We desire and expect every day one regula- tion from the honl Congress, but now till it may come, having none, * Smith, St. Clair Papers, ii., 32. A further proof of the influence of Dodge is given by Harmar's unfavorable opinion of Parker, who had carried the message of the French party to Congress. Harmar writes that he was very "unpopular and despised by the inhabitants." Ubid, ii., 3S) 'See papers printed m_Amer. Cath. Hist. Researches, New Ser., ii., No. 3. ' Papers of Old Cong., xlviii., 19. ILLINOIS HISTORICAL COLLECTIONS we did by common consent aggree to keep the same brought by Mr Todd, till the other may come, and Mr Tardiveau would do better to deceive not others as he is deceived himself." The narra- tive continues : " Afterward the same Mr Langlois having shown the above said proofs against John Dodge who was present, the said Dodge was so much angry that in the presence of the Lieu- tenant Makidoul [Ensign McDowell] with several others in the yard he did cast himself upon the said Mr Langlois and putting his fingers in his eyes and hair he would have made him blind, if the officer had not cryed against him."^ Harmar did not care to become mixed up in the local quarrel, which he probably regarded as beneath his notice, and gave his support to the government which had been established, so far as to tell the inhabitants to obey their magistrates.^ Dodge, how- ever, felt that the victory belonged to him, and after the departure of the troops assembled his friends in his fort and "fyred four times each of his great canons, beating the drums etc." Harmar brought discouraging news to the American settlers, who had received land grants from the deputy county lieu- tenants and courts. They were informed that such titles had no legal value, since Congress had forbidden settlements on the north side of the Ohio.^ This affected the villages of Bellefontaine and Grand Ruisseau. In this condition Tardi- veau saw his opportunity. He agreed with the settlers to repre- sent their case before Congress and obtain for each of them a concession of land, in consideration of one tenth of all land thus granted. The agreement was signed by one hundred and thirty Americans. He also represented to the French that their suffer- ings merited payment in land and offered to obtain for each of them a grant of five hundred acres on the same terms. The French had begun to learn the American habit of speculating in land, at least they thought they saw their opportunity to imitate that example, and most of them took advantage of the offer. In 1 Papers of Old Cong., xl\dii., 19. * Smith, St. Clair Papers, ii., 32. »/6» Smith, St. Clair Papers, ii., 103, 117, 122, 176; Daivson to Governor Randolph, January 20, 1789, Va. State Papers, iv., 554; Hamtramck to Harmar, March and August, 1789, Dr. MSS., 2W17, 70. * Hamtramck to Harmar, Dr. MSS., 2W17, 39. * Edgar to Hamtramck, October 28, 1789, Dr. MSS., 2W124-142. * Ibid. INTRODUCTION who informed Edgar that "orders had been received from New Orleans by the Lieut. Gov'" of St. Louis, for him to make ever>' difficulty possible with the people of this side, so that they might thereby be forced to go to live on the other. "^ That they might be induced to change their allegiance, Governor Miro issued a proclamation offering land gratis and other attractions to all new comers.^ A further means of inducing immigration was the enticement of the French priests to the Spanish side. Father Le Dru, who had succeeded De la Valiniere at Kaskaskia, Father St. Pierre at Cahokia, and later Father Gibault were persuaded to take parishes in the Spanish territory. The cause mentioned was not the only one which affected the priests ; for they found the French of the American Bottom very indifferent about religion and both unable and unwilling to pay tithes, thus making it impossible for the priests to Hve among them.^ The result of the hardships which the French had endured during these years and the long deferred fulfilment of their dreams of peace and independence was a striking decrease in the population of Kaskaskia. We have seen that in 1778, when George Rogers Clark occupied the village, there were about five hundred white inhabitants.* In 1783 there were 194 heads of famihes. As thirty-nine of these were newly arrived Americans, the figures apparently prove that the French population had re- mained about stationary.^ By the census of 1787, there were 191 male inhabitants in the village.^ Counting 150 women and female children, which is probably too high an estimate for a frontier community, the population was about 341, which would mean a decided decrease. The period of the greatest emigra- tion occurred between the years 1787 and 1790, when anarchy reached its climax in Kaskaskia, and the Spaniards were holding 1 Jones to Hamtramck, October 29, 17S9, Dr. MSS., 2Wi 24-142. 2 Smith, St. Clair Papers, ii., 122. 8 Jones to Hamtramck, October 2q, 1789, Dr. .MSS., 2W124-142. * See supra p. xvi. * Mason, Early Illinois Citizens, Chi. Hist. Soc.'s Collections, iv., 198 el seq. * Papers oj Old Cong., xlviii., 181. ILLINOIS HISTORICAL COLLECTIONS out the greatest inducements to settlers on the western bank of the river. There has been preserved a Ust of the male inhabi- tants in Kaskaskia for the year 1790, in which the heads of families are enumerated. The number is 44.^ This is a de- crease of over 77 per cent in the French population of the village since 1783. This list is interesting on account of the names which are missing. Almost all the men who had been leaders of the French people throughout the period of the county of Illinois were no longer residents of Kaskaskia. We look in vain for the names of Cerre, Vitale, J. Bte., and Antoine Bauvais, Corset, Lasource, the elder Charlevilles, Morin, De Monbreun, Langlois, Levasseur, Lafont, Carbonneaux. They have crossed the river to seek peace and safety under the flag of Spain. The picture of the village of Kaskaskia as described by its people in these last days in a petition to Major Hamtramck is one of utter misery and despair. They wrote: " Our horses, horned cattle & corn are stolen & destroyed without the power of making any effective resistance: Our houses are in ruins & decay; our lands are uncultivated; debtors absconded and absconding, our little commons destroyed. We are aprehensive of a dearth of corn and our best prospects are misery and distress, or what is more probable an untimey death by the hands of the savages. "We are well convinced that all these misfortunes have be- fallen 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." ^ In the foregoing petition the people begged Major Hamtramck • Mason, Early Illinois Citizens, Chi. Hist. Soc.'s Collections, iv., 209. 1 Dr. MSS., 2W124-142. INTRODUCTION to send twenty soldiers with an officer to maintain order and to give them authority to establish a civil government. The peti- tion was accompanied by a letter from John Edgar, who promised to furnish barracks and supplies for the soldiers at the very lowest price until the governor could make other arrangements.* This Hamtramck had no authority to do, nor could he afford to send the men; but he forwarded the petition, and so far exceeded his powers as to authorize the formation of courts of justice. These were never established, since justices without troops would have no means of enforcing the law. The trials of the last year broke the courage of John Edgar, who had realized the possible greatness of the territory, and had used his influence to promote peace and to bring a government to the disordered and disheartened village. In November, 1789, he wrote: "The Spring it is possible I can stand my ground, sur- rounded as we are by Savage enemies. I have waited five years in hopes of a Government; I shall 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 aban- don the countr\', & I shall go to live at St. Louis. IncHnation, interest & love for the country prompt me to reside here, but when in so doing it is ten to one but both my life & property will fall a sacrifice, you nor any impartial mind can blame me for the part I shall take."^ Edgar was not compelled to abandon the country of his adoption, for in the month designated Governor St. Clair arrived in the village of Kaskaskia. The history of the village of Kaskaskia at which the county government had been established is the story of the prolonged suffering of the French population. Tyranny followed upon tyranny. After the Virginia troops had stripped the people, came John Dodge with his policy of terrorism, and when he had been overthrown and the French people had seized the power, their hands were too feeble to maintain order at home, and their village 1 Dr. MSS., 2wi24-i42. iJbid. ILLINOIS HISTORICAL COLLECTIONS became the prey of the savages and Spaniards. From this picture, it is a pleasure to turn to the village of Cahokia at the extreme north of the American Bottom. Here the troubles were somewhat similar in kind as those at Kaskaskia, but never so virulent and the court of the district of Cahokia was able to establish itself and its authority so securely that even the abandonment by Virginia and the United States could not shake it. The letter from the state's attorney, Joseph Labuxiere, printed in this volume draws the contrast between the conditions existing in the two villages in the following words: "The misunderstanding of the magistrates of Kaskaskia and the extreme disorder of the business of the individ- uals, occasioned by some persons greedy for money, have com- pelled me to withdraw with my family to Cahokia, where I have found the inhabitants filled with the unity of peace and fidelity to the states, and a court which the justices are careful to administer with equity to those who ask its help."^ Another fact gives striking proof of the condition described by Labuxiere. At the beginning of the period the population of Cahokia numbered about 300 inhabitants.^ In the year 1787 a careful census was made and there were 240 male inhabitants, which would make the total population over 400, and in 1790 Cahokia was capable of supporting three companies of militia while Kaskaskia had but one.^ Thus while Kaskaskia ^was decreasing, Cahokia was growing both in size and in importance, and be- coming the "metropolis" of the American Bottom. As far as can be learned Francois Trottier was the commandant of the militia throughout this period and it is due largely to his efficient administration of the police that the village prospered.^ The justices were elected annually by the assembly of the people until the passage of the Ordinance of 1787, when, in anticipation of a new government, regular elections ceased and the same jus- * See post, p. 589. ' See supra, p. xv. * Mason, Early Illinois Citizens, Chi. His. Soc.'s Collections, iv., ai6 rf seq.; see post, p. 832 . * In 1785 Antoine Girardin held this office temporarily as did J. B. Dubuque at a later period. INTRODUCTION tices continued in office. In August, 1788, there was an election of three magistrates to fill vacancies made by resignation. It was the last election held in the county of Illinois. The justices held their sessions with great regularity and their administration was admirable. The relation of Cahokia to the county government was never very close. In fact the people of that village did not appear to have any very great respect for the Kaskaskians; for in their petition to Congress in 1786 they begged that body not to submit them to the jurisdiction of the southern village, because they knew " the incapacity, spite, and partiality of those who would exercise it."^ The high sounding title of deputy county lieutenant meant little more than head of Kaskaskia. This at least was the feel- ing of the Cahokians, and the only hint that such was not the actual condition is the fact that Timothe de Monbreun made several journeys to Cahokia in order to negotiate with the Span- iards and Indans in the interest of the whole territory.^ That he or any of the other deputies of John Todd really had the power to interfere in the ailairs at Cahokia is not apparent from the records, and, in the absence of proof and in view of the actual powers exercised by the court of the village, it seems best to regard the county government as more formal than actual. We have seen that the Kaskaskians complained of the estab- lishment of the Michillimackinac company at Cahokia. From the year 1783 many British merchants found their way to the Illinois and established stores in the village. Among the names which occur are J. B. Perrault, representing Marchisseaux of Montreal, James Grant, Meyers, Tabeau, Guillon, WiUiam Arundel, John Askins, and others.^ These merchants practically monopolized the fur trade of Illinois; but the Cahokians, finding that they interfered with the Indian trade as well, were strong enough to make regulations to protect their own interests and gave a limited monopoly of that trade to one of the citizens * See post, p. 587. ' Memorial of De Monbreun, Va. State Lib. ' Narrative of Perrault in Schoolcraft, Indian Antiquities, iii., 355; this volume, passim; Smith, St. Clair Papers, ii., 174. ILLINOIS HISTORICAL COLLECTIONS of the village and prohibited all sale of liquor to the savages by others.^ When the Indian outrages reached their climax in the year 1 789 and Kaskaskians were begging the military officer at Vincennes to send troops for their defense, the court of Caho- kia still further regulated intercourse with the Indians and forbade all sale of liquor by any one.^ Exactly how the Cahokians were affected by the intrigues of the Spaniards in the later years, it is impossible to say. At the end of the record of the sessions will be found an unexplained punishment of a Frenchman from St. Louis who was evidently attempting to undermine the power of the court ; but once again that body was equal to maintaining its authority and, from the complaint of the prisoner, it would appear that the support of the villagers was given to the government.' Cahokia was not disturbed by the Americans in the same way as her sister village, for the American troops did not remain in the village after 1780 and very few individuals took up their residence there. Aside from the British merchants only four non- French names appear in the later years as actual citizens, Thomas Brady, Philippe Engel, Isaac Levy, and William Arundel, and of these the first three seem to have become completely gallicized and to have married French women. The American settlers who came in closest contact with the Cahokians resided at Grand Ruisseau, which fell within the district of the village. In 1786 they were permitted by the magistrates, as we have seen, to ap- point a captain of mihtia, but they remained subject to the im- mediate jurisdiction of the court except in such cases as might be decided by arbitrators.^ Cahokia, however, was not to escape wholly without trouble from these neighbors. After the failure of the Americans in the spring of 1787 to capture control of the court of Kaskaskia the settlers of Bellefontaine and Grand Ruisseau determined to establish a rival and independent court, for which purpose • See post, p. 73, I2S, 2 IS, 259. 575 ' See post, p. 607. ' See post, p. 437. * See post, p. 217. INTRODUCTION they held an election and chose magistrates. If the movement had been confined to the first named village, which was in the district of Kaskaskia, the Cahokia government might not have made any opposition; but the inclusion of the village of Grand Ruisseau was an affront to the one French court which had proved its right to exist. Fortunately for the Cahokians, the leaders of the movement wished to supplant Robert Watts, their appointee, in his office of commandant. This aroused Watts to immediate action, particularly as his rival was James Piggott, a man who represented the more restless and impatient element among the Americans.* Watts came to Cahokia and addressed the court in Ciceronian periods, pointing out the danger which threatened the law and order of the district by this innovation or revolution. The danger was not exaggerated. The court at Cahokia represented the only stable power in the Illinois at the time, and with a rival court of Americans at Grand Ruisseau and Bellefontaine, there would inevitably have followed disorders which might have taken on the character of a civil war between the two peoples. Certainly the two courts would not have acted together for the suppression of lawlessness. The action of the court of Cahokia was prompt and energetic. It prohibited the holding of any independent assemblies of the people or sessions of the court, and condemned the leaders of the movement to be put in irons for twenty-four hours and, in case they disobeyed the order of the coiu-t, they were to be driven from the territory. The magis- trates of Cahokia were not weak. Their decrees were executed. In striking contrast to the timidity and inefficiency of the coiu-t of Kaskaskia is the action recorded by the hussier under that decree against the Americans: "The present decree has been executed the same day." ^ This revolution occurred in August or early in September. The Cahokia justices now felt the need of taking some steps to * Piggott yra3 later appoiated by St. Clair one of the first judges in the district of Cahokia. Smith, St. Clatr papers, ii., 165; for some account of him see post, p. 190, note i. * See post, p. 597 et seq. ILLINOIS HISTORICAL COLLECTIONS satisfy the demands of the Americans. Those at Bellefontaine belonged by right to the Kaskaskia jurisdiction, but to expect from the Kaskaskia French the maintenance of law and order was hopeless. Therefore, when all the Americans of the region petitioned for admittance to the district of Cahokia and the right of electing a justice of the peace at each of the two chief settlements, the petition was granted at the October session of the court, and the election of a justice and a militia officer at Bellefontaine and of a justice at Grand Ruisseau was confirmed on November 2d.^ Thus around Cahokia there centered all the forces which made for peace and order, and even the American settlers, who had assisted in the overthrow of the court of Kaskas- kia, were able to escape the anarchy which their presence had produced only by submitting to the Frenchmen of the northern village. As may be seen in the following pages, the court at Cahokia continued to maintain order in its district until other and more legal regulations were made. During the last years the court was constantly expecting the arrival of the governor, who had been appointed in 1788 under the law creating the Territory Northwest of the Ohio River; but Governor St. Clair was unable to reach the Illinois until two years after his appointment. Finally after long delay, on March 5, 1790, he actually arrived in Kaskaskia. This was the limit of time John Edgar had fixed to which he would wait for the inauguration of a government at that village. The Cahokia court held its usual meeting in the same month, and again on the fijrst of April the court heard suits brought before it and adjourned to the first of May. Here the record of the sessions of the Court of the District of Cahokia of the county of Illinois ends, for on the 27th of April the county of St. Clair was instituted and two days later the appointment of the judges of the new courts was announced. The history of these new courts is of a later date than the limit of the present Introduction, but the next period in the history of Illinois is a continuation of that which we have already * See fast, p. 307 INTRODUCTION reviewed. The French were not able to struggle against the Americans, who were now placed in the ruling positions, and a new exodus of the population began. To follow the destinies of the more energetic families named in these pages, it is neces- sary to cross the river. The descendants of J. Bte. Barbau, of the Bauvais, the Sauciers and the Trottiers are to be sought not in the territory or state of Illinois, but in that territory which for a few years remained under the dominion of Spain, where the French took refuge. The census of several old French towns of the western banks of the Mississippi reveals the presence of many families once inhabiting the American Bottom. The French have not figured prominently in the later history of Illi- nois, but the continuation of their civilization is found in the sister state of Missouri, where they still form an important element in the population; or else in the far West, where many de- scendants of the sons of Kaskaskia and Cahokia fled before the advance of the American settlers and followed the life for which they had been trained, that of trader, pioneer, and trapper. In the foregoing history of the "County of Illinois" I have based the narrative upon the source material that has been pre- served from that time, some account of which should be given, since several of the collections studied have been unknown to previous historians of the period and none have been used so extensively before. I. Kaskaskia Records:^ These were found by myself in the ofiice of the circuit clerk of Randolph county at Chester, Illinois, in the late summer of 1905. They consist of 2804 eighteenth century documents of all sizes, ranging from the scrap of paper to a volume of 444 pages, and of all kinds of legal instruments, ordinances, and letters. The number issuing from the county of Illinois is 506. I have classified them according to character, i. e., certificates, land grants, political papers, etc. They are cited as follows: 1 Alvord, "Eighteenth' Century French Records in the Archives of Illinois," Annual Report of Amer. Hist. Assn. for 1905. ILLINOIS HISTORICAL COLLECTIONS Kas. Rec, Pol. Papers, etc. This collection belongs to the county of St. Clair and is kept in the fireproof oflSce of the circuit clerk. Temporarily it is loaned to the library of the University of Illinois for my use. One document, which I failed to see at the time of the discovery, is still in Chester. Since it is of great value and no report has yet been made upon it, I give a description of it here. It is a court record of 256 pages. Pages 1-57 contain the records of the sessions of the court of judicature founded by Colonel Wilkins in 1768 and of the judgments of the military commandants, acting as judges after the abolition of the court, up to January 30, 1773. Pages 57-90 were used to record deeds, etc., from May 9, 1776, to June 23, 1778. The rest of the book contains the registrations for the next two years, made by the clerks after the occupation of the country by Clark. Several of the pages are missing. 2. Cahokia Records:* These belong to the county of Sta Clair, Illinois, and are kept in a fireproof museum in the court- house at Belleville. The most important of these documents are printed in this volume and need no further description. Besides those printed, there are a nvmiber of marriage contracts and other instruments in Belleville; and 170 documents, which were for- merly in the county treasurer's office, are now in the library of the Chicago Historical Society.* The proper citation is Cak. Rec. in Chicago or in Belleville, 111. 3. Menard Collection:^ This consists of the correspondence and letter-books of Pierre Menard, who settled in Kaskaskia in 1790. The majority of the letters date from the latter part of Menard's life ; but in the collection are four large bundles of let- ters and documents which belonged to Barth^lemi Tardiveau, agent of the Illinois people in 1787 and 1788. Two of these bundles are composed of copies of records from the Kaskaskia record-book and some original manuscripts, which he used for his information in drawing up his petitions to Congress. There are in all sixty- one selected documents emanating generally from the French 1 Ibid; Bulletin of the 111. State Hist, lib., vol. i, No. i. 2 1 have learned too late to make the necessary changes in the foot-notes that the Chi- cago Historical Society has returned these documents to Belleville. INTRODUCTION inhabitants, which makes this collection one of the most valuable for the history of the county of Illinois. The majority of these document were copied by the clerk of the court in the spring of 1 781, at the time the people of Kaskaskia commissioned Prevost and McCarty to represent them at the capitol of Virginia. * They are all properly authenticated by Richard Winston, deputy county lieutenant. 4. Draper Manuscripts r^ These are so well known that a description of them is unnecessary. They were collected by Lyman C. Draper during his long and useful life, which he devoted to the collection of material for the study of western history, and they form the most valuable part of the Wisconsin Historical Society's collection of manuscripts. For my purposes the George Rogers Clark Manuscripts, contained in sixty-five volumes, have been of the most use. They are cited as Dr. MSS. S2J50, the 6rst number being the volume, the second the page and the letter (J) the library symbol for the Clark MSS. I went through these volumes and had copies made of all the manuscripts which would be of value to me. Most of the copies were from original documents, but, since on the copies it was not indicated whether they were from original manuscripts or copies, I have not dared trust to my memory to indicate this distinction in the footnotes. I have made some use of other collections in the Draper Manu- scripts, particularly the Harmar MSS. These are copies made by Mr. Draper. 5. Haldimand Collection: Frederick Haldimand was ap- pointed governor of Canada in September, 1777, and held this position until 1784. During this time his correspondence was large and this he carefully preserved. It is now in the British Museum and the Public Record Office in London. The collec- tion contains the letters, reports made to him, and copies of im- portant papers which were enclosed in these. The Canadian Archives has had transcripts of this collection made and has calendared it in its Reports. The copies I have used were made ' See supra pp. ciii., n. 3, cxxxviii. ' Thwaites, Descriptive List oj M!^S. Collections. ILLINOIS HISTORICAL COLLECTIONS from the Canadian transcripts. These are cited as Can. Archives, B., etc. Many of these have been printed in the Michigan Pio- neer and Historical Collections and the Illinois Historical Collec- tions, Vol. I. 6. Papers of Old Congress:^ Many petitions with enclosures were sent by the people of Illinois to Congress. These have recently been transferred to the library of Congress. 7. Collection of Virginia State Library: There is a quantity of unused manuscripts in Richmond, to which I have had partial access ; but, since they have not been catalogued, there are many important documents which I have not seen. 8. Miscellanies: I have used letters and documents in the possession of other institutions and several private individuals, to which references are made in the proper places. It is to be regretted that I have not seen several important collections, which might have thrown light on the subject. They are the following: Private library of C. M. Burton of Detroit, Michigan ; collection of documents from Vincennes in Vincennes University and Indianapolis Public Library; private library of Colonel R. T. Durrett of Louisville, Kentucky; and the Bancroft Library of the University of California. The printed sources for the history of the county of Illinois are numerous, and an effort has been made to see everything. Those used will be found listed in the bibliography at the end of this volume. • A practically complete inventory of these papers is printed in "Bulletin of the Bureau of Rolls and Library," No. i. BIBLIOGRAPHY Accaunl oj the Proceedings oj the Illinois and Ouabache Land Companies. . Philadelphia, 1796. Alden, G. H., Netu Governments West oj the Alleghanies bejorc lySo. Bulle- tin of the University of Wisconsin. Madison, 1897. Alerding, H., A History oj the Catholic Church in the Diocese oj Vincennes^ Indianapolis, 1883. Alvord, C. W., "Eighteenth Century French Records in the Archives of lUinois ", in Annual Report of the American Historical Association for 1905. Washington, 1906. Kaskaskia Records: An Address before the Chicago Historical So- ciety. Chicago, 1906. Illinois in the Eighteenth Century. Bulletin of the Illinois State His- torical Library. Vol. i., No. i. Springfield, 1905. American Catholic Historical Researches, New Series, ii., No. 3. Phila. American State Papers, Public Lands. Vols, i.-iii., Washington, 1832. Archives Coloniales a Paris, Series B. Babeau, A., La Vie Rurale dans U Ancienne France. Paris, 1885. Le Village sous L'Ancien Regime. 2d ed., Paris, 1879. Babeau, H., Les Assemblees Generates des Communautes d'Habitants en France. Paris, 1893. Bancrojt Collection oj MSS., Lenox Library, New York. Bancroft, George, History oj the United States. 10 vols. Boston, 1 834-1 874. Beck, L. C, A Gazetteer oj the States oj Illinois and Missouri. Albany 1823. Benton, E. J., The Wabash Trade. J. H. U. Studies, xxi. Baltimore, 1903. Billon, F. L., Annals oj St. Louis. 2 vols. St. Louis, 1886, 1888. Blanchard, Rufus, Discovery and Conquest oj the Northwest. Wheaton 1879. Boggess, A. C., American Immigration into Illinois, 1778-18 jo. Thesis in manuscript. Boyd, C. E., "The County of Illinois", in the American Historical Review, iv.. No. 4. New York. Breese, Sidney, Tlte Early History oj Illinois. Chicago, 1884. Brown, H., History oj Illinois. New York, 1844. Bulletin oj the Bureau oj Rolls and Library, No. i. Washington. Butler, Mann, History oj the Commonwealth oj Kentucky. Louisville, 1834. Cahokia Records, MSS. in the Archives of St. Clair County, Belleville, III. Calendar oj Virginia State Papers. Vols. i.-v. Richmond, 1875 ff. ILLINOIS HISTORICAL COLLECTIONS Canadian Archives Reports. Ottawa, 1882 ff. Channing, E., Town and County Government in the English Colonics oj North America. J. H. U. Studies, ii., No. 10. Baltimore, 1884. Chicago Historical Society's Collections, iv. Chicago, 1890. Chittenden, H. M., American Fur Trade of the Far West. 3 vols. New York, 1902. Chitwood, O. P., Justice in Colonial Virginia. J. H. U. Studies, Series xxiii., No. 7. Baltimore, 1905. Clapin, Sylva, Dictionnaire Canadien-Francais. Montreal and Boston, 1894. Clark's Sketch oj his Campaign in the Illinois. Ohio Valley Historical Series, No. 3. Cincinnati, 1869. Coffin, Victor, The Province oj Quebec and the Early American Revolution. University of Wisconsin Bulletin, i. Madison, 1896. Collot, Victor, Voyage dans L'Amerique Septenlrionale. 2 vols. Paris, 1826. Craig, O. J. ,"Ouiatanon ", in Indiana Historical Society's Publications, ii. Indianapolis, 1895. Davidson, A., and Stuve, B., A Complete History oj Illinois. Springfield, 1874. Dillon, J., History oj Indiana. Indianapolis, 1859. Documents relating to the Colonial History oj New York. Vol. vii. Albany, 1856. Doniol, Henri, Histoirc de la Participation de la France a UEtablisscmcnt des Etats-Unis d'Amerique. 5 vols. Paris, 1890. Douglas, W. B., "Jean Gabriel Cerre, a Sketch", in Transactions ol the Illinois State Historical Society for 1903. Springfield, 1904. Draper MSS., in the Library of the Wisconsin Historical Society. Madison. Dunn, J. P., "Father Gibault ", in Transactions of the Illinois Historical Society for 1905. Springfield, 1906. Indiana. Boston, 1905. English, W. H., Conquest oj the Country Northwest oj the River Ohio and Lije oj George Rogers Clark. 2 vols. Indianapolis, 1896. Ferriere, Claude de. Corps et Compilation de Tous les Commcntateurs An- ciens et Moderns sur la Coutume de Paris. 4 vols. 2d ed., Paris 1714. Franklin, Benjamin, Works oj, ed. by J. Bigelow. 10 vols. New York, 1887- 1889. Franz, Ale.xander, Die Kolonisation des Mississipitalesbis zum Ausgange der Franzosischen Heershajt. Leipzig, 1906. Fowler, W. W., City-State oj the Greeks and Romans. London, 1902. Eraser's Report. MS. copy in Champaign Public Library. Gayarre, C. E. A., History oj Louisiana. 4th ed. New Orleans, 1906. Glasson, E., Histoire du Droit et des Institutions de la France. 8 vols. Paris, 1887-1903. ILLINOIS HISTORICAL COLLECTIONS Greene, E. B., The Government oj Illinois. New York, 1904. Green, T. M., Historic Families of Kentucky. Cincinnati, 1889. Spanish Conspiracy. Cincinnati, 1891. Hall, James, Romance oj Western History. Cincinnati, 1857. Hall, Judge, Letters jrom the West. London, 1828. Harding, Julia M., "Colonel George Morgan", in Washington{Pa.) Observ- er, May 21, 1904. Hening, W. W., Statutes at Large (of Virginia). Vols, i.-v., ix., x. Rich- mond, 1821. Hinsdale, B. A., The Old Northwest. Rev. ed.. New York, 1899. History oj Monroe, Randolph and Perry Counties, Illinois. Philadelphia, 1883. History oj St. Clair County, Illinois. Philadelphia, 1881. Houck, Louis, The Boundaries oj the Louisiana Purchase. St. Louis, 1901. Houston, W., Documents Illustrative oj the Canadian Constitution. Toronto 1891. Howard, E. E., An Introduction to the Local Constitutional History oj the United States. 2 vols. Baltimore, 1889. Hutchins, Thomas, A Topographical Description oj Virginia, Pennsyl- vania, Maryland and North Carolina, ed. by F. C. Hicks. Cleve- land, 1904. Illinois Historical Collections. Vol. i. Springfield, 1903. Imlay, Gilbert, Topographical Description oj the Western Territory. 3d cd., London, 1797. Ingle, E., Local Institutions oj Virginia. J. H. U. Studies, iii., nos. 2, 3. Baltimore, 1885. "Intercepted Letters and Journal of George Rogers Clark, 1778, i-j-jg", in American Historical Review, i., 90. Isambert, Decrusy, Taillandier. Recueil General des Ancienncs Lois Fran- daises. 28 vols. Paris, 1829. Jenning's Journal, MS. in Pennsylvania Historical Society's library. Journal A. oj tlte Company oj David McCrae, John Kay, Pierre Barthe, and Charles Gratiot. MS. volume in the possession of Pierre Chouteau of St. Louis. Journal oj the Continental Congress. Library of Congress edition. Wash- ington, 1905 £f. Journal oj the House oj Delegates {Virginia), October Session, 1778 and ijSi. Journal oj the Northwestern Commissioners. MS. in Virginia State Library. Journal oj the Senate {Virginia), October Session, 1778. Journal oj Congress. Vols, iv.-xi. Philadelphia, 1800 ff. Jousse, Traite de L' Administration de la Justice. 2 vols. Paris, 1771. Kaskaskia Records. MSS. in the Archives of Randolph County, Chester Illinois. ILLINOIS HISTORICAL COLLECTIONS Kingsford, Wm., History of Canada. lo vols. Toronto, 1887-1898. Latrobe, C. J., The Rambler in North America. 2 vols. London, 1835. Martin, H. T., Castorologia or the History and Traditions oj the Canadian Beaver. Montreal and London, 1892. Mason, E. G., Chapters from Illinois History. Chicago, 1901. Early Illinois Citizens. Chicago Historical Society's Collections, iv. Cliicago, 1890. John Todd's Papers. Ibid. John Todd's Record-Book. Ibid. Rocheblave Papers. Ibid. McLaughlin, A. C, "The Western Posts and the British Debts", in the Annual Report of the American Historical Association, 1894. Memorial of Timothe de Monbreun. MS. in Virginia State Library. Menard Collection, Tardiveau Papers. MSS. in Illinois State Historical Library. Michigan Pioneer and Historical Collections. 36 vols. Lansing, 1877 flf. Military Journal oj Major Ebenezer Denny. Publications of the Historical Society of Pennsylvania. Philadelphia, i860. Missouri Historical Society's Collections, ii., No. 6. St. Louis, 1906. Missouri Reports. Vol. iv. St. Louis, 1870. Monette, J. W., History oj the Valley oj the Mississippi. 2 vols. New York, 1846. Morehead, Settlement oj Kentucky. Frankfort, 1840. Morgan, George, Letter-Book, lyOy-iydS. MS. volume in the possession of A. S. M. Morgan of Pittsburg. Moses, John, Court oj Inquiry. Chicago Historical Society's Collections, iv. Chicago, 1890. Illinois, Historical and Statistical. 2 vols. Chicago, 1890. MSS. in Virginia State Library. New York State Library Bulletin, No. 58., History 6. Albany, 1902. Ogg, F. A., The Opening oj the Mississippi. New York, 1904. Papers oj the Old Congress. MSS. in the Library of Congress. Parkman, Francis, The Old Regime in Canada. 2 vols. Boston, 1905. Peck, J. M., A Gazetteer oj Illinois. Philadelphia, ist cd., 1831 2d ed., 1837. Annals oj the West. St. Louis, 1850. Perrault, J. B., "Narrative", in Schoolcraft, Indian Antiquities. Pt. iii. Philadelphia, 1853. Phelps, Albert, Louisiana. Boston and New York, 1905. Pittman, P., The Present State oj the European Settlements on the Mississippi. London, 1770. Ibid, ed. by F. H. Hodder. Cleveland, 1906. Reynolds, John, My Own Times. Belleville, 1855. The Pioneer History oj Illinois. Belleville, 1852. ILLINOIS HISTORICAL COLLECTIONS Roberts, J. H., Lije and Times oj General John Edgar. MS. to be printed in the Transactions of the IlHnois Historical Society for 1907. Roosevelt, T., The Winning oj the West. 4 vols. New York, 1896. Rowland, Kate M., George Mason. 2 vols. New York, 1892. Roy, J. E., Histoire du Notarial an Canada. 4 vols. Levis, 1899. Rozier, F. A., History oj the Early Settlement oj the Mississippi Valley. St. Louis, 1890. Secret Journal oj the A cts and Proceedings oj Congress. Vols, i.-iv. Boston, 182 T. Shea, J. G., Lije and Times oj the Most Rev. John Carroll. New York, 1888. Smith, W. H., St. Clair Papers. 2 vols. Cincinnati, 1882. Snyder, J. F., Captain Jean Baptiste Saucier. Peoria, 1901. Sparks' Collection oj Manuscripts, Harvard Library. Cambridge. Sparks, Jared, The Diplomatic Correspondence oj the American Revolution Vol. iv. Washington, 1857. The Writings oj Washington. Vol. vii. New York, 1847. Stoddard, Amos, Sketches, Historical and Descriptive oj Louisiana. Phila- delphia, 181 2. Tanguay, L'Abbe Cyprien, Dictionnaire Genealogique des Families Cana- diennes. 7 vols. Quebec, 1871-1890. Tasse, Joseph, Ixs Canadiens de L'Ouest. 3 vols. 4th ed., Montreal, 1882. Thucydides, History oj the Peloponnesian War. Jowett's Translation- Oxford, 1881. Thwaites, R. G., Descriptive List oj Manuscript Collections oj the State Historical Society oj Wisconsin. Madison, 1906. Early Western Travels. Cleveland, 1903 ff. i., Croghan, Journals. iii., Michaud, Travels. xxvii., xxviii., Flagg, The Far West. How George Rogers Clark won the Northwest. Chicago, 1903. The Jesuit Relations. Vol. Ixxi. Cleveland, 1901. Transactions of the Illinois State Historical Society for 1903, 1905, and 1906. Springfield, 1904-1906. Turner, F. J., "George Rogers Clark and the Kaskaskia Campaign, 1777- 1778", in American Historical Review, viii. New York. The Character and Injluence oj the Indian Trade in Wisconsin. J. H. U. Studies, ix., Nos. 11-12. Baltimore, 1891. "The Policy of France toward the Mississippi Valley in the Period of Washington and Jefferson ", in American Historical Review, x.. No. 2. New York. Van Tyne, C. H., The American Revolution. Vol. ix. of Hart's The Atneri- can Nation. New York, 1905. ILLINOIS HISTORICAL COLLECTIONS Viollet, P., Histoire du Droit Civil Fran(ais. 3d ed., Paris, 1905. Volney, C. F., View of the Climate and Soil 0} the United States oj America. A Translation. London, 1814. Washington Papers, MSS. in the Library of Congress. Winsor, Justin, Narrative and Critical History 0} America. \^ols. iv.-vi. Boston, 1886. The Mississippi Basin, idg^-i^dj. Boston, 1895. Westward Moz'ement. Boston and New York, 1897. Wisconsin Historical Collections. 16 vols. Madison, 1885 ff. Withers, A. S., Chronicles oj Border Warjare. Ed. by R. G. Thwaites. Cincinnati, 1895. Woodward, Dodge Genealogy. <5 ' '^ 1 LI BRARV OF CONGRESS mm\^ m\m 014 751882 1 m V ■-< ^ m>